Military service members with natural immunity file lawsuit against DOD, FDA, HHS over COVID vaccine mandate

Megan Redshaw, J.D. Thu Sep 2, 2021

Two active duty members of the U.S. Armed Forces on Aug. 17 filed a lawsuit against the U.S. Department of Defense, U.S. Food and Drug Administration and U.S. Department of Health and Human Services on behalf of themselves and 220,000 active service members who are being forced to get a COVID vaccine despite having had COVID and acquired natural immunity to SARS-CoV-2.

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(Children’s Health Defense) – Two active duty members of the U.S. Armed Forces on August 17 filed a lawsuit against the U.S. Department of Defense (DOD), U.S. Food and Drug Administration (FDA) and U.S. Department of Health and Human Services (HHS) on behalf of themselves and 220,000 active service members who are being forced to get a COVID vaccine despite having had COVID and acquired natural immunity to SARS-CoV-2.

The lead plaintiffs in the lawsuit, Staff Sergeant Daniel Robert and Staff Sergeant Holli Mulvihill, allege U.S. Sec. of Defense Lloyd Austin ignored the DOD’s own regulations and created an entirely new definition of “full immunity” as being achievable only by vaccination.

According to the lawsuit, the military’s existing laws and regulations unequivocally provide the exemption the plaintiffs seek under Army Regulation 40-562 (“AR 40-562”), which provides documented survivors of an infection a presumptive medical exemption from vaccination because of the natural immunity acquired as a result of having survived the infection.

Under the military’s regulations (AR 40-562, ¶2-6a.(1)(b):

“General examples of medical exemptions include the following … Evidence of immunity based on serologic tests, documented infection or similar circumstances.”

According to the lawsuit, Dr. Admiral Bret Diroir, HHS assistant secretary, stated in an interview Aug. 24 with Fox News: “So natural immunity, it’s very important … There are still no data to suggest vaccine immunity is better than natural immunity. I think both are highly protective.”

Yet on the same day, Austin issued a memo mandating the entire Armed Forces be vaccinated, in which he wrote:

“Those with previous COVID-19 infection are not considered fully vaccinated.”

In that memo, plaintiffs allege Austin created a new term and concept, which contradicts  the plain language of DOD’s own regulations, long-standing immunology practice, medical ethics and the overwhelming weight of scientific evidence regarding this specific virus.

Plaintiffs claim Austin, who is not a doctor, changed the DOD’s own regulation without providing “a scintilla of evidence to support it.”

They also allege Austin made the regulation change without going through the required rulemaking process, in violation of the Administrative Procedures Act review.

According to the lawsuit, Pfizer’s phase 3 trials — designed to test long-term side effects — are not scheduled for completion until 2023, and that “inexplicably, in the middle of that phase 3 trial, the manufacturer un-blinded the two cohorts, and members of the placebo group were given the opportunity to take the vaccine if they wanted to.”

Plaintiffs claim the FDA allowed Pfizer to turn the study from a placebo-controlled, blinded trial into an open, observational study.

Robert and Mulvihill on Aug. 30 filed a motion for an emergency temporary restraining order against the mandate, asking the court to prevent the DOD from vaccinating them and others who can document they previously had COVID.

Plaintiffs claim if they’re not granted the relief they seek, they will suffer immediate physical harm by being forced to take a vaccine for a virus to which they already have immunity.

In their motion, they also said the mandate constitutes an unconsented physical invasion of the worst kind — with a novel mRNA technology that has not even been tested on people who have acquired natural immunity to the virus, and who have a clear and unequivocal right to the exemption they are seeking under the DOD’s own regulations.

Vaccines could cause physical harm for some

The lawsuit also alleges the COVID vaccines could cause potential harm to the body — including harm caused by the spike protein.

Plaintiffs said the Centers for Disease Control and Prevention’s “Vaccine Adverse Events Reported System” (VAERS), which contains adverse event reports for all vaccines administered in the U.S. from July 1,1990, shows a significant increase in adverse events since the rollout of COVID vaccines.

According to the lawsuit, before the FDA introduced COVID Emergency Use Authorization vaccines in December 2020, VAERS had recorded a total of 5,039 deaths and 12,053 permanent disabilities for all prior vaccines. However, for the week beginning Aug.13, VAERS showed 13,068 reports of deaths and 1,031,100 reports of serious adverse events from COVID vaccines alone.

The plaintiffs said they have the right to be free from unwanted physical intrusion and involuntary inoculation against a virus that poses statistically zero threat to people with natural immunity, and to reserve their guaranteed, codified and fundamental rights of informed consent. They allege forcibly inoculating a class of people with natural immunity will provide no benefit and will cause significant and irreparable physical harm and/or death.

Mary Holland, Children’s Health Defense president and general counsel, applauded the lead plaintiffs, Robert and Mulvihill, for standing up to the military’s mandate.

“They raise critical issues that courts must resolve — on medical exemptions for natural immunity, and whether the clinical trials serving as the basis for Pfizer’s licensure were sufficient,” Holland said.

Holland explained:

“The plaintiffs’ case is exceptionally strong, resting as it does on proven natural immunity. Not only do Army regulations provide presumptive exemption to such individuals, but science and common sense require exemption of such people, in the military and out. It is well-established that natural immunity to COVID-19 is far more robust than vaccine-induced immunity, and those with natural immunity are at greater risk of injury if they are vaccinated. It is unfortunate that such a relatively simple matter needs to go to federal court for resolution, but we are delighted that plaintiffs Robert and Mulvihill brought the case. We hope that the court decides in their favor based on firm legal principles.”

Holland said a vaccine mandate for all members of the U.S. military is an “issue of national security” and of supreme importance to all Americans. “These plaintiffs raise challenges that the military brass and the federal government must respond to in open court,” she said.

Vaccinating those with natural immunity to COVID not supported by science

As The Defender reported Aug. 30, natural immunity appears to confer longer lasting and stronger protection against SARS-CoV-2 infection, symptomatic disease and hospitalization from the Delta variant compared to Pfizer-BioNTech’s two-dose vaccine-induced immunity.

In the largest real-world observational study comparing natural immunity gained through previous SARS-CoV-2 infection to vaccine-induced immunity afforded by the Pfizer mRNA vaccine, people who recovered from COVID were much less likely than never-infected, vaccinated people to get Delta, develop symptoms or be hospitalized.

The study, published as a preprint Aug. 25 on medRxiv, showed people who had never been infected with SARS-CoV-2 but were vaccinated in January and February were six to 13 times more likely to experience breakthrough infection with the Delta variant compared to unvaccinated people who were previously infected with SARS-CoV-2.

Researchers noted increased risk was significant for asymptomatic disease as well.

“It’s a textbook example of how natural immunity is really better than vaccination,” Charlotte Thålin, a physician and immunology researcher at Danderyd Hospital and the Karolinska Institute, told Science.

A recent Israeli study affirmed the superiority of natural immunity. Health Ministry data on the wave of COVID outbreaks which began in May 2021, found a 6.72 times greater level of protection among those with natural immunity compared to those with vaccinated immunity.

In June, a Cleveland Clinic study found vaccinating people with natural immunity did not add to their level of protection.

The clinic studied 52,238 employees. Of those, 49,659 never had the virus and 2,579 had COVID and recovered. Of the 2,579 who previously were infected, 1,359 remained unvaccinated, compared with 22,777 who were vaccinated.

Not one of the 1,359 previously infected subjects who remained unvaccinated had a SARS-CoV-2 infection over the duration of the study.

As The Defender reported, a December 2020 study by Singapore researchers found neutralizing antibodies (one prong of the immune response) remained present in high concentrations for 17 years or more in individuals who recovered from the original SARS-CoV-2.

More recently, the World Health Organization and National Institutes of Health (NIH) each published evidence of durable immune responses to natural infection with SARS-CoV-2.

In March 2020, the NIH’s Dr. Anthony Fauci shared his view (in an email [p. 22] to Ezekiel Emanuel) that “their [sic] would be substantial immunity post infection.”

American Institute of Economic Research reported, it appears that in order to promote the COVID vaccine agenda, key organizations are not only “downplaying” natural immunity but may be seeking to “erase” it altogether.

Dr. Marty Makary, a professor at Johns Hopkins University School of Medicine and editor-in chief of MedPage Today, said mandating vaccines for “every living, walking American” is not well-supported by science.

In an interview with U.S. New & World Reports, Makary said there is no scientific support for requiring the vaccine in people who have natural immunity — that is, immunity from prior COVID infection. There is zero clinical outcome data to support arguing dogmatically that natural immune individuals “must get vaccinated.”

Makary explained:

“During every month of this pandemic, I’ve had debates with other public researchers about the effectiveness and durability of natural immunity. I’ve been told that natural immunity could fall off a cliff, rendering people susceptible to infection. But here we are now, over a year and a half into the clinical experience of observing patients who were infected, and natural immunity is effective and going strong. And that’s because with natural immunity, the body develops antibodies to the entire surface of the virus, not just a spike protein constructed from a vaccine.”

Makary said instead of talking about the vaccinated and the unvaccinated, we should be talking about the immune and non-immune.

Vaccinating people who previously had COVID could cause significant harm

Numerous scientists have warned vaccinating people who already had COVID could potentially cause harm, or even death.

According to Dr. Hooman Noorchasm, surgeon and patient safety advocate, it is scientifically established that once a person is naturally infected by a virus, antigens from that virus persist in the body for a long time after viral replication has stopped and clinical signs of infection have resolved.

When a vaccine reactivates an immune response in a recently infected person, the tissues harboring the persisting viral antigen are targeted, inflamed and damaged by the immune response, Noorchasm said.

“In the case of SARS-CoV-2, we know that the virus naturally infects the heart, the inner lining of blood vessels, the lungs and the brain,” explained Noorchasm. “So, these are likely to be some of the critical organs that will contain persistent viral antigens in the recently infected — and, following reactivation of the immune system by a vaccine, these tissues can be expected to be targeted and damaged.”

Colleen Kelley, associate professor of infectious diseases at Emory University School of Medicine and principal investigator for Moderna and Novavax phase 3 vaccine clinical trials, said, in an interview with Huffington Post, there had been reported cases in which those who previously had the virus endured harsher side effects after they received their vaccines.

Dr. Dara Udo, urgent and immediate care physician at Westchester Medical Group who received the COVID vaccine a year after having the disease, had a very strong immune response very similar to what she experienced while having COVID.

In an op-ed published by The Hill, Udo explained how infection from any organism, including COVID, activates several different arms of the immune system, some in more robust ways than others, and that this underlying activation due to infection or exposure, combined with a vaccination, could lead to overstimulation of the immune response.

In a public submission to the FDA, J. Patrick Whelan M.D. Ph.D., expressed similar concern that COVID vaccines aimed at creating immunity against the SARS-CoV-2 spike protein could have the potential to cause microvascular injury to the brain, heart, liver and kidneys in a way that does not currently appear to be assessed in safety trials of these potential drugs.

© September 1, 2021 Children’s Health Defense, Inc. This work is reproduced and distributed with the permission of Children’s Health Defense, Inc. Want to learn more from Children’s Health Defense? Sign up for free news and updates from Robert F. Kennedy, Jr. and the Children’s Health Defense. Your donation will help to support us in our efforts.



Related

Pacific Justice Institute also provides information and assistance

https://thenewamerican.com/you-should-worry-when-2-top-fda-regulators-resign-over-covid-vaccines/

https://www1.cbn.com/cbnnews/us/2021/september/unethical-dangerous-3-000-medical-professionals-in-tennessee-sue-biden-admin-for-transgender-mandate

https://www.cbsnews.com/news/covid-19-mu-variant-health-officials/

resistthemainstream.org/2019-cdc-memo-on-ivermectin-resurfaces-blows-a-hole-in-medias-narrative/

VIDEO Dr. Sebastian Gorka Explains How to Fight Cancel Culture: ‘You Must Not Buckle Under’

MATTHEW BOYLE 14 Feb 2021

Dr. Sebastian Gorka, a former senior aide to former President Donald Trump, explained in a wide-ranging interview last week how he has faced cancel culture, how to fight back against it, and why the left and establishment practices it against Trump supporters.

Appearing on Breitbart News Daily on SiriusXM 125 the Patriot Channel with editor-in-chief Alex Marlow, Gorka — who now hosts America First on Salem Radio Networks — laid out first the reasoning why the left and political establishment seeks to shut down voices like his.

“We could write a book about this. I don’t kiss and tell, but you’ve been on this issue from the get go. I’ve been very honest about it publicly,” Gorka told Marlow. “It’s the reason I left the White House and it was Breitbart that published my resignation letter. I told the president at the time, you literally have anti-MAGA forces in ascendance. At the time, it was H.R. McMaster and it was General Kelly who were pushing me out of the building. And I told the president, ‘There is no way I am going to pick up a $160,000 pay check from the taxpayer just to be boxed out of meetings by people who hate me and the president. I can better serve you on the outside.’ He agreed and now I have a national radio show, three million listeners, and we’re fighting the good fight. But at the end of the day, this isn’t really a function of any incompetence by the president, it’s a function of the swamp. What is the conclusion that has to be drawn from the experience of people who are pro-MAGA and work for the president? The left, the establishment, the mainstream media, the RINO class, want to make it impossible for good people to represent the forgotten men and women of America. They want to make your life impossible.”

Gorka said that he does not mind attacks against him personally, but when people attack his family, that crosses the line. He cited the example of Disney canceling Gina Carano, the star actress from The Mandalorian, over social media posts that she published commenting on the state of society and noted that similar tactics have been used against any talented people who may want to work for Trump or other effective Republicans.

“Look, I don’t mind being attacked, that’s fine, but when they come after your wife, when they attack my teenage son, it has one purpose: To make sure good people don’t get involved in representing this nation,” Gorka said. “So I’m not involved in choosing the president’s lawyers, but I’ll tell you one thing: How many law firms would actually risk representing Donald Trump? I talk national security, but I woke to this Gina Carano story. Seriously, a woman who speaks the truth — absolutely speaks the truth about the left’s attempts to dehumanize their fellow Americans — is canceled by Disney? It’s the same effect of a lawyer wanting to work for Donald Trump. It is an attempt to attack and create an environment where good people will simply keep their heads down.”

Gorka then recounted a story from his daughter’s time in college and her senior year when he worked for President Trump. “My children who are now grown will admit that the tribulations that we went through as a family during my time in the White House as a supporter of the president have truly made them stronger human beings,” Gorka said. “I am convinced as their father that their value system is all the more robust for what they witnessed happened to us and to them personally. Read the first chapter of my book The War for America’s Soul. What happened to my daughter in her last year in college was simply a function of her last name.”

What happened was leftists on campus made posters with his daughter’s face falsely claiming she was a white supremacist and then plastered them all around campus. When he showed up for her graduation that year, at least one leftist falsely accused Gorka of being a Nazi.

“So because she was a Gorka, because she volunteered to work with some of the professors who created something called the Churchill Institute to propagate the values of western civilization — that’s in their mandate — she had posters with her face put up across the campus and on social media saying this girl is the face of white supremacy,” Gorka said. “That was just weeks before her graduation. Then when I was there for the graduation, I had a girl come up after we had celebrated my daughter getting her diploma and, in front of witnesses, call me an ‘effing Nazi’ because I work for Trump.”

Gorka, who was born in London to parents who fled Hungary after the failed revolution in 1956 against Soviet control but then later served in Hungary as a Ministry of Defence adviser after the fall of communism, compared the bending of America’s will toward cancel culture to efforts of a Soviet dictator in Hungary to slowly break someone’s spine.

“This is the reality, but let me tell you a story which puts it into perspective,” Gorka said. “During the Cold War, the Warsaw Pact had various levels of persecution and sovietization. The harshest were of course the Soviet Union, East Germany, and Romania. Those were the really kind of absolute worst of the worst. Others, like Hungary, kind of dialed back a little on the Stalinist nature of the regime. By the 1970s, Hungary was called the ‘Goulash Communism.’ You weren’t allowed to go to Paris for the holidays, but you could go to Yugoslavia. You still had political prisoners, you still had a one-party state, but they just dialed it back a little bit. There’s a story that’s associated with then-dictator Janos Kadar, where somebody was lambasting him for not having a hard Stalinist line and he said — and who knows whether it happened or not — he said ‘my friend, it is far easier to bend the human spine slowly with time than to try to snap it with one move.’ That, that is what you are giving in to when you say, ‘I’m just going to get my head down, I’m just going to send checks to the local Republican candidate, but I’m not going to say anything and not going to do politics on social media.’ Guess what? You’ve already surrendered, that’s what you’ve done.”

Gorka said establishment media figures and top Democrats from President Joe Biden’s administration like Secretary of Defense Lloyd Austin are doing the same thing to the general public in the United States right now.

“Look at what is happening right now in America. We have not just Jake Tapper on CNN using the phrase, ‘MAGA terrorism,’ we have the Department of Homeland Security issuing their first terrorism warning memorandum after the election targeting those who disagreed with the results of the election or who questioned them,” Gorka said. “We have the new Secretary of Defense, an absolute disgrace to the uniform he once wore, Lloyd Austin, talking about the ‘enemies’ in the ranks of the military who shut down our military for 60 days while he reviews the level of extremist penetration into our ranks. I guarantee you one thing, none of the extremists that SecDef Austin will find will be members of Antifa or BLM who took the lives of 40 people in the riots last year, half of them black like he is. This is the reality of America today and if you don’t talk out about it — you don’t have to have a national radio show, you don’t need to be editor-in-chief of the most influential conservative website. But if you’re an American and you care about the freedoms upon which it was built and for which Americans died and bled, and you don’t say the truth you are complicit and you are making the dehumanization of your fellow man all the more possible. That’s the crux of the matter.”

Hope is not all lost in America, though, Gorka said. Conservatives and Trump supporters and Americans across the board can fight back against cancel culture in much the same way he did with an example from this past week when a leftist employed at a major law firm in New York City sent him disparaging messages on Twitter.

“This Sunday, on my Twitter feed, my direct messages are open — that means anybody can direct message me if they wish to,” Gorka said. “That’s how you can keep in touch. Sunday, somebody who has a Twitter account in his own name… sent me the following messages, ‘I’m going to piss on your grave and send the photographs to your children.’ We did a little bit of research and found out who this person is and we verified where he works. He’s an accountant for one of the biggest accounting companies in New York and I proceed to message him back. I don’t say I’m going to piss on his grave, but as soon as I respond to him and I make it clear I know who he is, he blocks me from his account, he makes it private, and then he deletes it.”

Then, Gorka reached out to the man’s employer and asked about it. The CEO of the company apologized and disavowed what the man said, and apparently convened an all-hands company meeting to discuss what happened and what to do about it. Gorka said the man is no longer employed.

“I immediately dig up the email for his boss at Marcum LLP in New York and I send him the screenshots of the now-deleted account about what his employee said about me and my children and about wanting to urinate on my grave,” Gorka told Marlow. “To his credit, the CEO immediately emailed me back on a Sunday afternoon, apologized, and then on their social media accounts, they disavowed the words of Joe Wiley. I heard late last night from another follower who knows somebody who knows somebody that there was an all hands meeting at Marcum LLP on Monday morning and this individual has since been fired for his language. Now this isn’t cancel culture. Don’t get me wrong. I don’t do this to people who politically disagree with me. And I don’t tell people I politically disagree with that I want to piss on their graves and send the photographs to their children. But, if you use language like that, if you use vile, abusive language and involve my children, guess what Joe Wiley. I am going to let my voice be heard and I’m going to stand up for the truth. I know that thousands of others also went to the Marcum website and also went to their Instagram feed. That is why all of those feeds have been locked or closed. This is how you fight back — not with the dirty tactics they use because we believe in the truth. But you must not buckle under — it’s not just my voice, it’s everyone who stood for the truth the last four days. You cannot let them get away with it. You don’t have to run for public office although gosh could you imagine if every listener to your radio show decided to run for the local school board?”

Gorka also discussed the incident on his own program, here:

Gorka and Marlow concluded the conversation on cancel culture by discussing the popularity of both Trump and Breitbart News founder Andrew Breitbart. Of Trump and Breitbart, Gorka said, “there is a massive commonality between them.”

“Donald Trump, for all his mannerisms and style, never starts the fight,” Gorka said. “But if you bring the fight to him, he will finish it. He will fight back just as robustly as those who attack him. The commonality with Andrew is very simply this: Andrew, above all else, in addition to love of country, was motivated by the need, the burning sense of injustice when he witnessed bullies. What you are doing, what I am doing, what the president is doing, is fight back against those who start the abuse first. That is what all of us should be doing every single day. If you see a bully, whether it’s on the playground or on social media — I don’t care where it is — if you see one and you do nothing, I’m sorry you are part of the problem. Just stand up to the bullies and America will be a better place.”

Gorka advised Americans to put a sticky note on their desks that has the number 74 — representing the 74 million Americans who voted for Trump in 2020, to signify they are not alone — and think of that anytime they see someone getting canceled or shut down. Instead of staying silent — and being part of the problem — Gorka advises Americans to start using their voices, a powerful tool protected under the First Amendment, to fight back.

“If you do it, you will have people who say, ‘oh my gosh, he spoke the truth. So can I,’” Gorka said. “It is a catalytic effect that you have when you speak up to the bullies and liars.”

LISTEN TO DR. SEBASTIAN GORKA ON BREITBART NEWS DAILY:

https://www.breitbart.com/politics/2021/02/14/dr-sebastian-gorka-fight-cancel-culture-not-buckle-under/


Ep. 1457 The New Rules – The Dan Bongino Show


SAUL ALINSKY’S 13 RULES FOR RADICALS

Excerpted from Saul Alinsky’s book: Rules For Radicals, published in 1971.

  1. Power is not only what you have, but what the enemy thinks you have.
    Power is derived from 2 main sources – money and people. “Have-Nots” must build power from flesh and blood.
  2. Never go outside the expertise of your people.
    It results in confusion, fear and retreat. Feeling secure adds to the backbone of anyone.
  3. Whenever possible, go outside the expertise of the enemy.
    Look for ways to increase insecurity, anxiety and uncertainty.
  4. Make the enemy live up to its own book of rules.
    If the rule is that every letter gets a reply, send 30,000 letters. You can kill them with this because no one can possibly obey all of their own rules.
  5. Ridicule is man’s most potent weapon.
    There is no defense. It’s irrational. It’s infuriating. It also works as a key pressure point to force the enemy into concessions.
  6. A good tactic is one your people enjoy.
    They’ll keep doing it without urging and come back to do more. They’re doing their thing, and will even suggest better ones.
  7. A tactic that drags on too long becomes a drag.
    Don’t become old news.
  8. Keep the pressure on. Never let up.
    Keep trying new things to keep the opposition off balance. As the opposition masters one approach, hit them from the flank with something new.
  9. The threat is usually more terrifying than the thing itself.
    Imagination and ego can dream up many more consequences than any activist.
  10. “The major premise for tactics is the development of operations that will maintain a constant pressure upon the opposition.”
    It is this unceasing pressure that results in the reactions from the opposition that are essential for the success of the campaign.
  11. If you push a negative hard enough, it will push through and become a positive.
    Violence from the other side can win the public to your side because the public sympathizes with the underdog.
  12. The price of a successful attack is a constructive alternative.
    Never let the enemy score points because you’re caught without a solution to the problem.
  13. Pick the target, freeze it, personalize it, and polarize it.
    Cut off the support network and isolate the target from sympathy. Go after people and not institutions; people hurt faster than institutions.

https://archive.org/details/RulesForRadicals