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Phoebe Whistleblower asking for rehearing before Appeals Court.

The 11th Circuit ruled earlier this year that Hodges had prosecutorial immunity from Rehberg's complaint which alleged that he overstepped his bounds in obtaining subpoenas for records and then convening a grand jury to indict him and Dr. John Bagnato for what he said was a favor for officials at Phoebe Putney Memorial Hospital.

The Electronic Frontier Foundation (EFF) and attorney Bryan Vroon asked the U.S. Court of Appeals for the 11th Circuit today to reexamine a panel ruling that violated Rehberg's Fourth Amendment right to privacy in his email communications.

Calling Hodge's grand jury subpoena a "sham," a press release issued by the EFF Wednesday said that "the appeals court erroneously ruled that he did not have a reasonable expectation of privacy in his private email."

"Mr. Rehberg did the right thing and blew the whistle on financial mismanagement," said EFF Civil Liberties Director Jennifer Granick. "In response, he was persecuted by local authorities and his constitutional rights were violated. It's well established that individuals have a right to privacy in the content of their communications, electronic or otherwise. We're asking the court to look at this again and follow the law."