Trump Urged to End Dr. Elfenbein’s Prosecution

President Donald Trump ran on a platform of tackling the Deep State and putting an end to what he termed Biden-era legal warfare. One way to send a strong message would be to stop the ongoing five-year ordeal faced by Dr. Ron Elfenbein.

The Department of Justice (DOJ) under the Biden administration pursued Dr. Elfenbein for allegedly overcharging Medicare by $250 while treating COVID patients during the height of the pandemic. However, it seems that his real “offense” was publicly criticizing the government’s COVID policies on Fox News and Newsmax.

Initially convicted by a jury, Dr. Elfenbein was later acquitted by a judge. Yet, two years down the line, the DOJ appealed that acquittal, and a new trial is set for next month.

This raises some questions: what truly separates prosecution from persecution?

It seems imperative for President Trump and Acting Attorney General Blanche to intervene and halt what feels like a relentless witch hunt at the DOJ, and to ensure Dr. Elfenbein is compensated for his legal expenses and lost income.

Why is the government targeting him once more? Well, perhaps that’s just how the deep state operates. With endless resources, the bureaucracy rarely concedes defeat. Look at Lieutenant General Michael Flynn, for instance.

Authorities have the capability to financially ruin individuals just to defend themselves from frivolous charges.

The Beginning

At the onset of the COVID-19 pandemic, the world was in search of solutions and treatments. Dr. Elfenbein, based in Gambrills, Maryland, operated the FirstCall Medical Center and Drs ERgent Care LLC.

His clinic was among the first in Maryland to provide COVID-19 testing, and he was a pioneer in using monoclonal antibody therapy. Because of his efforts, both federal and state officials encouraged him to open an additional site.

Dr. Elfenbein received accolades from then-Governor Larry Hogan and the Maryland Legislature. Additionally, he was named the “Person of the Year” by his peers in the Maryland State Medical Society in 2001.

Many who know him can attest to his strong character and commitment to helping others.

Just to add a personal touch: I got to know Dr. Elfenbein when we both attempted — unsuccessfully — to enter the Maryland legislature back in 2006.

Signs Of Trouble

In December 2021, the federal government suspended the distribution of two monoclonal antibody treatments, citing their ineffectiveness against emerging COVID strains. By January 2022, the FDA revoked its emergency use authorization for these treatments. However, it’s worth noting that data from the month prior indicated the treatments were effective against the Omicron variant.

After the government halted distribution, Dr. Elfenbein spoke out in a Fox News interview, expressing his frustration. He stated, “I am as angry as I possibly can be… It’s unbelievable that they’re relying on faulty data and logic, which could lead to more deaths or hospitalizations.”

Dr. Jay Bhattacharya, one of the authors of the Great Barrington Declaration, found that government officials don’t take kindly to being publicly challenged. In his experience, he and his co-authors faced intense scrutiny, as aided by Dr. Francis Collins of the NIH, who sought to discredit them through a “quick and devastating published takedown.” Social media platforms even collaborated with the White House to suppress their viewpoints.

Dr. Elfenbein faced even harsher repercussions.

In April 2022, shortly after his Fox interview, the DOJ accused him of overcharging Medicare and Medicaid by more than $15 million. During the discovery process, it surfaced that the DOJ had sent undercover agents into his clinics, yet those agents didn’t testify, suggesting they uncovered nothing substantial.

Following a three-week trial, a jury in Baltimore convicted Dr. Elfenbein based on upcoding charges amounting to just $250. Yes, you read that right — a full-scale federal investigation focused on a mere $250.

The DOJ’s press release proclaimed, “A federal jury in Baltimore convicted a Maryland doctor for submitting over $15 million in false claims to Medicare…”

Just imagine seeing your name in such a report, having been convicted of a small-scale overcharge, only to be later acquitted by a judge, and then facing another trial two years later as the DOJ seeks retrial.

This scenario makes sense only in a context where challenging the federal government’s established narrative is deemed a serious offense.

Reversal Of Fortune

The DOJ anticipated that Dr. Elfenbein would plead guilty, but he adamantly refused to admit to a crime he maintains he did not commit. After being convicted, he was acquitted by the presiding judge four months later.

The judge ruled that the government failed to substantiate its case, noting that the billing regulations were ambiguous. He pointed out that the constantly changing rules made it hard to comprehend, and that differing interpretations of billing codes shouldn’t warrant criminal charges.

Moreover, the government’s case took a hit when one of their witnesses had to recant under cross-examination, revealing he hadn’t even read critical regulations he was meant to testify about.

The appeal went through, and in July 2025, the Fourth Circuit acknowledged the jury might have acted in good faith but also recognized the case’s shortcomings, allowing the government to pursue a retrial.

In early January 2025, just two weeks before Trump’s inauguration, the Biden DOJ reignited its pursuit of Dr. Elfenbein. Ironically, the FDA had just authorized monoclonal antibody treatments again a month earlier. His next trial is slated for August 2026.

When the Biden administration was targeting Trump and his associates, many on the Left chuckled that “the process IS the punishment.”

I can’t help but think about Dr. Elfenbein, who saved countless lives during COVID and earned praise from both parties. He’s faced over four years of hardship for simply embarrassing officials at the FDA.

It’s time for Trump and Blanche to rein in the relentless pursuits of the deep state. They should also use the DOJ’s resources to compensate Dr. Elfenbein for his legal battles.

Fairness and decency insist on it. Above all, justice demands it.