Archive for Vaccination – Page 37
Media Announcement at: http://drrimatruthreports.com/?p=3312
Before the
United States of America
Food and Drug Administration
In the Matter of the A-H1N1-09 “Swine Flu” Vaccines
} FDA Docket No. FDA-2009-P-0418
} PETITION
} With Request for Emergency Relief:
} Temporary Stay of all Pending
} “Swine Flu” Vaccine Approvals
To: Dockets Management Branch
Food and Drug Administration
Room 1061 HFA-305
5630 Fishers Lane
Rockville, MD 20852
Dated: August 17, 2009 – rev.1.01 (08.23.09)
Pursuant to the Constitution of the United States of America, First Amendment, Right to Petition for Redress of Grievances, the Federal Food, Drug and Cosmetic Act (FFDCA), 21 U.S.C. §§ 321 et seq., the Administrative Procedure Act (APA), 5 U.S.C. § 553(e), 21 C.F.R. 10.20 and 10.30 (Citizens Petition) and, to the extent applicable, 21 C.F.R. 10.35, to amend the FDA’s rules respecting the safety, effectiveness and availability of vaccines said to be useful for swine flu (A-H1N1-09), the undersigned Petitioners PETITION the Unites States, to wit:
Introduction
1. This Petition is brought before the Executive Authority of the United States of America, mindful of the President’s call for transparency in government and science-based decision-making. This Revision 1.01 of the Petition has been modified in form to meet the terms of applicable portions of 21 C.F.R. 10.20 – 35. Petitioners, however, note that this Petition is grounded in the Constitutional Right to Petition which may not be “abridged” by Government and therefore any regulatory requirements are subordinate to that primary source of authority for this Petition. In so far as any of the Petitioners are protected under the RFRA, all rights are reserved under the Religious Freedom Restoration Act of 1993 (RFRA – P.L. 103-141).
The Petitioners therefore have included Addendum 1.1 in this Petition to address the formal requirements of Section 10.30: A. Action requested; B. Statement of Grounds; C. Environmental Impact/Exemption and D. Economic Impact. Furthermore, in so far as Sec. 10.35 (Stay of Actions) may apply, the Petitioners have included Addendum 1.2 to this Petition to address the formal requirements of Section 10.35: A. Decision Involved and B. Action Requested. Finally, Petitioners append to this Petition actual copies of non-governmental Citations referenced in Appendix B, which has been further amended to meet the “unfavorable representative data” requirement of the Sec. 10.30 Certification format.
2. Petitioners are several nongovernmental organizations involved in health care civil rights and several individuals who are adversely impacted by the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) actions referred to in this Petition, and all persons who join in this Petition hereafter.
3. This Petition is submitted to request specific action by the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) (the Federal Agencies) within the scope of the mandated duties thereof, in order to exhaust administrative remedies.
4. The primary purpose of the Petition is to seek emergency actions with regard to the imminent Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) granting of various drug-interest commercial applications or approval and widespread use of various so-called “H1N1” “A-H1N1-09” or “Swine Flu” vaccines (herein, the Vaccines).
5. The Vaccine Approvals are being treated as emergency drug approvals, but are being sought without even minimal science-based safety testing or testing for clinical efficacy in preventing disease, and with the inclusion of dangerous adjuvants, including Mercury, and squalene, which has never been heretofore approved as a vaccine adjuvant. Legal immunity has been granted a priori to the manufactures, the Federal Government and its agents in the event of harm or death from these vaccines.
6. a. As one example, within the past two weeks, the British Neurological Surveillance Unit (BNSU) warned of “the Government’s concern about releasing a vaccine of unknown safety.” and has alerted its members to be on the alert for an up to 8-fold increase in Guillain-Barre Syndrome (GBS) due to the Vaccines that are the subject of this Petition.
http://www.dailymail.co.uk/news/article-1206807/Swine-flu-jab-link-killer-nerve-disease-Leaked-letter-reveals-concern-neurologists-25-deaths-America.html#ixzz0OJSgKn4b
b. The United States government has paid nearly two billion dollars to the families of individuals who have been killed or maimed by vaccines as part the Vaccine Injury Compensation Program. A massive increase in the use of vaccines such as the swine flu vaccine that is the subject of this petition will be likely to significantly increase the number of individuals harmed by vaccines.
See: http://www.usdoj.gov/civil/torts/const/vicp/about.htm
Redress Sought
7. (a) The first action sought is an emergency Temporary Stay of the pending Vaccine approval applications. The applications should be denied. Petitioners request a Public Hearing. Petitioners are in imminent peril of irreparable harm if the Temporary Stay is not granted immediately.
(b) Additionally, the Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to open and accept public comments and include, as part of any approval of the Vaccines, requiring strong warnings to the public, as mandated by the United States Supreme Court in another context, Thompson v. Western States Medical Center – 535 U.S. 357, 2002:
“If the First Amendment means anything, it means that regulating speech must be a last – not first – resort. … We have previously rejected the notion that the Government has an interest in preventing the dissemination of truthful commercial information in order to prevent members of the public from making bad decisions with the information.”
“Even if the Government did argue that it had an interest in preventing misleading advertisements, this interest could be satisfied by the far less restrictive alternative of requiring each compounded drug to be labeled with a warning that the drug had not undergone FDA testing and that its risks were unknown.”
The warning should therefore read: “This Vaccine has not undergone FDA safety or efficacy testing and its risks are unknown in all age groups. This Vaccine contains ingredients previously rejected for use in the United State and/or never evaluated by the FDA which have been shown in animal studies to cause significant adverse biological response when injected.”
The warning should further advise that should the recipient experience an adverse event or death from the vaccine, the vaccine manufacturers, government and government agencies have no liability, and the National Vaccine Injury Compensation Program does not currently provide for possible compensation to victims of the Vaccines.
(c) The Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to engage in a vigorous public information campaign, interleaved with their promotion of the Vaccines, and given equal prominence in type face, media announcements, web presence and other methods of public information used to promote the Vaccines, stating that the Vaccines contain ingredients previously rejected for use in the United State and/or never evaluated by the FDA which have been shown in animal studies to cause significant adverse biological response when injected. And, further that should the recipient experience an adverse event or death from the vaccine, the vaccine manufacturers, government and government agencies have no liability, and the National Vaccine Injury Compensation Program does not currently provide for possible compensation to victims of the Vaccines.
(d) The Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to recommend to all implementing agencies, such as State Departments of Health, that these uninsurable, unproven and untested Vaccines not be subject to any legal mandate, whether direct or indirect, perceived or actual, requiring their use by any class of persons in order for such persons to receive government services, such as schooling, or to work in particular employments, such as first responders or health care workers, or to travel or to attend any public places or for any other purpose.
(e) The Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to recommend voluntary Self-Shielding at home in preference to vaccination or removal to FEMA or other relocation facilities in the event of a Declared Pandemic Emergency.
Legal Basis for Relief
8. As an Executive Department Agency, the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) must “Take Care that the Laws be faithfully executed” (Article II, Section3, United States Constitution).
9. This Petition is grounded in fundamental principles of inalienable right, law and equity.
10. The primary legal basis for submitting this Petition to the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) is the First Amendment to the Constitution of the United States: “Congress shall make no law…abridging… the right of the people… to petition the Government for a redress of grievances.” Additionally, the First Amendment Freedom of Speech, requiring transparency in government, as well as Fourth, Fifth, Ninth, Tenth and Fourteenth Amendments impact the arguments herein.
11. Petitioners also cite: the World Medical Association 1964 Declaration of Helsinki. See: http://www.wma.net/e/policy/b3.htm. This Declaration has the force of International Law, to which the United States is a party, and it clearly forbids experimental medication or medication without fully informed consent, as does United States law, for example, 42 U.S.C. 289(a).
12. The United Nations Universal Declaration of Human Rights – Article 12 – “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.” See: http://www.un.org/en/documents/udhr/ and the Geneva Conventions: Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) – Article 17.-Prohibition of forced movement of civilians:
“1. The displacement of the civilian population shall not be ordered for reasons related to the conflict unless the security of the civilians involved or imperative military reasons so demand.
Should such displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition.
2. Civilians shall not be compelled to leave their own territory for reasons connected with the conflict.”
See: http://www2.ohchr.org/english/law/protocol2.htm
13. Current law and regulations provide for involuntary Provisional Quarantine, with removal, following refusal of persons to submit to vaccination with the untested, uninsurable, non-voluntary “informed consent” Vaccines. The Agency regulations should be amended to provide for voluntary Self-Shielding, Self-Quarantine and Self-Isolation as permitted alternatives.
14. Bivens v. Six Unknown-Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 396-397, (1971); Carison v. Green, 466 U.S. 14, 18-19 (1980). – These cases construe “42 USC § 300aa-31” with its “more likely than not” evidentiary burden and its Daubert v. Merrell Dow Pharmaceuticals, Inc, 509 U.S. 579, 113 S.Ct 2786, 2797 (1993), prohibition against expert opinion reliance upon poor quality and flawed data, the surviving good quality data shows the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) is statutorily required to reject the Vaccines approval since it “more likely than not” caused numerous neurological and immune system pandemics (e.g., autism, neurological disorders, autoimmune disorders, etc). Since the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) know of this linking data and intentionally exposed the public to these serous risks of harm, while attempting to hide/alter the data that showed the harm, the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) also violated the 14th Amendment’s “Constitutional Safety Guarantees.” Under these egregious and horrifying circumstances, both Sec. 300aa-31 and a 28 USC § 1331 “Bivens Action” would authorize injunctive relief, and where warranted, damages.
15. Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905), in which the Supreme Court of the United States, prior to the establishment of the Food, Drugs and Cosmetics Act revisions that established Federal pre-emption of drug approvals, gave deference to the Supreme Court of Massachusetts in an involuntary vaccination matter, also contains clear language authorizing Federal intervention in circumstances that are clearly present with regard to the Vaccines involved in this Petition.
“It is easy, for instance, to suppose the case of an adult who is embraced by the mere words of the act, but yet to subject whom to vaccination in a particular condition of his health or body, would be cruel and inhuman in the last degree. We are not to be understood as holding that the statute was intended to be applied to such a case, or, if it was so intended, that the judiciary would not be competent to interfere and protect the health and life of the individual concerned. “All laws,” this court has said, “should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression or absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language which would avoid results of that character. The reason of the law in such cases should prevail over its letter.” United States v. Kirby, 7 Wall. 482; Lau Ow Bew v. United States, 144 U.S. 47, 58. Until otherwise informed by the highest court of Massachusetts we are not inclined to hold that the statute establishes the absolute rule that an adult must be vaccinated if it be apparent or can be shown with reasonable certainty that he is not at the time a fit subject of vaccination or that vaccination, by reason of his then condition, would seriously impair his health or probably cause his death.”
16. The Acts establishing the authority of the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) being herein petitioned are also a legal basis for the Petition. The Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) exist to protect the public, within the limits established by the Constitution of the United States of America. However, Article 16 of the original enabling legislation that created the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) indicates, in effect, that a primary purpose is to promote, protect and promulgate the pharmaceutical industry.
17. Petitioners note the statute in the derogation of the common law and Constitutional limitations, establishing certain exemptions from liability of Vaccine Injuries, 42 USC 300aa-16 (and the Vaccine Injury Compensation Program, there under). This law is further cited as a law that must be strictly construed in favor of patients, guardians, parents and children even if such construction is against the economic interests of the drug industry and other persons exempt there under.
18. Petitioners note that, given the exceptional exemption given to both manufactures of the Vaccines and employees of the Federal Agencies and their designees which purports to eliminate the possibility of redress through the Courts by the public in the event that individuals suffer irreversible harm or death, it is especially important that careful notification and protection be offered to the public in the face of instructions or compulsions to accept the use of the Vaccines which contain ingredients previously rejected for use in the United State and/or never evaluated by the FDA which have been shown in animal studies to cause significant adverse biological response when injected.
19. The total amount that the Vaccine Injury Compensation Program has paid in compensation since its 1989 founding is $1,884,145,255.29, however, this program does not currently list the Vaccines as being ones for which compensation under this program may be had.
See: http://www.hrsa.gov/Vaccinecompensation/statistics_report.htm
20. Basic common law principles prohibit forced acquiescence under duress and limited or intentionally distorted information, as exemplified by the United States Supreme Court decision in the case of Thompson v Western States Medical Centers – 535 U.S. 357 (2002). The Petitioners note with concern that FDA regulation permits a choice under duress upon limited and distorted information such that those refusing the Vaccines in a Pandemic Emergency situation face incarceration/quarantine under Provisional Quarantine regulations in violation of the prohibitions mentioned above against forced acquiescence under duress and limited or intentionally distorted information.
21. Additionally, the Statutes authorizing the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) contain general provisions that support the actions requested in this petition. Federal Law includes provisions that grant the responsible persons in the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) broad authority to promulgate rules and regulations “necessary to carry out the Act[s].”
22. The Food, Drug and Cosmetics Act (FD&C Act) Mission Statement requires that “…(B) human and veterinary drugs are safe and effective…” (21 USC §393(b)(2)). The Act had been amended repeatedly, to require that no drug be approved unless it is proven “safe and effective.”
This clear legal requirement is explained by the Agency on its web site:
“In October 1962, Congress passed the Kefauver-Harris Drug Amendments to the Federal FD&C Act. Before marketing a drug, firms now had to prove not only safety, but also provide substantial evidence of effectiveness for the product’s intended use. Temple says, “That evidence had to consist of adequate and well-controlled studies, a revolutionary requirement.”
“Also critically, the 1962 amendments required that the FDA specifically approve the marketing application before the drug could be marketed, another major change.” The Kefauver-Harris Drug Amendments also asked the Secretary to establish rules of investigation of new drugs, including a requirement for the informed consent of study subjects. The amendments also formalized good manufacturing practices, required that adverse events be reported, and transferred the regulation of prescription drug advertising from the Federal Trade Commission to the FDA.”
See: http://www.fda.gov/AboutFDA/WhatWeDo/History/ProductRegulation/PromotingSafeandEffectiveDrugsfor100Years/default.htm
23. The Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) should issue the actions requested herein as an Interim Final Rule without first completing Notice and Comment, Risk Assessment, and Cost-Benefit Analysis. Additionally, the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) should not issue the drug-industry requested vaccine approvals as an emergency matter.
24. Under ordinary circumstances, the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) must comply with procedural requirements under the Administrative Procedures Act (APA) and the specific Acts authorizing the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC), including the use of notice-and-comment rulemaking and the completion of a risk assessment and cost-benefit analysis before issuance of a new rule. However, both Acts provide for exceptions to those requirements for circumstances such as those present here (with regard to the Petitioners herein, but not with regard to the drug-industry applications), where the continuation of current policy (the emergency approval of the Vaccines) would constitute an imminent threat to public safety and any delay in the policy-making the Petitioners herein would be contrary to the public interest.
25. The Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) should only avail itself of those statutory exceptions with regard with Petitioner’s request herein and promulgate the requested policies while first providing the public with reasonable notice under these circumstances and an opportunity for comment and before completing a full risk assessment and cost-benefit analysis. The Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) should first adopt the policy as an “interim-final rule,” which would become binding upon publication (or within a time certain; for example, a week after publication) and subsequently provide for public comment and complete its risk assessment and cost-benefit analysis. If such a time period is provided for public comment and the completion of risk assessment and cost-benefit analysis, the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) should make no declaration, take no action, approve no product or Vaccine related to this situation during such period.
26. The Requested Actions of Petitioners herein satisfy the “good cause” exception to the Administrative Procedure Act’s (APA) requirement for notice and comment, while the application of that exception should not apply to the Vaccine applications.
27. The Administrative Procedures Act (APA) provides that full notice-and-comment rulemaking is not required when an agency “for good cause finds (and incorporates the finding and a brief statement of the reasons therefore in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” 5 U.S.C. Section 553(b)(B) The good cause exception “is an important safety valve to be used where delay would do real harm.” United States Steel v EPA, 595 F.2d207, 214 (5th Cir. 1979). According to the legislative history of the provision, “impracticable” means a situation in which the due and required execution of the agency functions would be unavoidably prevented by its undertaking public rule-making proceedings.” S. Rep. No. 752, 79thCong., 1st Sess., at 16 (1945). It has been held, determining “impracticality” requires analysis in practical terms of the particular statutory-agency setting and the reasons why agency action could not await notice and comment. American Transfer & Storage Company v. ICC, 719 F. 2d 1283, 1295 (5th Cir. 1983).
28. The same urgency which motivates the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to move forward with excessive rapidly and inappropriate zeal, in the light of an alleged pandemic threat (declared despite the mild nature of the supposed pandemic disease) should motivate the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to move forward with the measures proposed by Petitioners herein to protect both the public’s welfare and their right to fully informed consent and transparency.
29. Below are listed three of numerous instances in which courts have upheld an agency’s decision to invoke the “good cause” exception and issue a rule without providing notice and comment where a delay would threaten public safety or the environment. See: Hawaii Helicopter Operators Ass’n v. FAA, 51 F.3d 212, 24 (9th Cir. 1995) (good cause exception satisfied in view of “the threat to public safety reflected in an increasing number of helicopter accidents”); Northern Arapahoe Tribe v. Hodel, 808 F.2d741, 750-52 (10th Cir. 1987) (good cause exception satisfied in view of urgent need for hunting regulations where herds were threatened with extinction); Northwest Airlines v. Goldschmidt, 645 F2d 1309, 1321 (8th Cir. 1981) (good cause exception satisfied in view of urgent need to allocate landing slots at major airport).
30. The rationale underlying those decisions is that compliance with time-consuming procedural requirements would “do real harm” by delaying implementation of urgently needed policies to safeguard public health. Swine Flu causes a disease of low virulence and pathogenicity so that the need for current Agency displays of overwhelming haste in their approval is not present, but the Vaccines contain never-before-approved adjuvants and known toxins so that the need for caution in their approval is very much present. Clearly, the exigent circumstances necessary to satisfy the Administrative Procedures Act’s (APA’s) good cause exception are present with regard to Petitioner’s concerns as set forth in the Factual Basis for Relief. They are not present with regard to the Vaccine approval applications. On the contrary, such approval would harm the public health.
Factual Basis for Relief
31. Vaccinations cause well-known and foreseeable harm. Autism, neurological damage, Guillian Barré syndrome, post vaccination Encephalitis, asthma, coma, juvenile ALS, adult ALS, oil-in-water adjuvant-induced poly arthritis, dermatitis, fibromyalgia, fatigue, malaise, death and other known consequences of vaccine injury are not generally reversible and the present danger from the Vaccines to children and adults is so great that the “good cause” exception referenced above is well warranted in this case. Consumers are being defrauded while children and others are being irreversibly damaged. Once a child collapses into autism, for example, there is a virtually irreversible path which the child and family follow, often leading to eventual institutionalization. These are, in most cases, preventable tragedies. The probable harm is immediate and irreparable.
32. In order to redress the perceived harm, there are several procedural matters that should be addressed by Agency Rule or Court interpretation. These are the need for:
(1) Clear and prominent Warnings as specified elsewhere herein,
(2) Due-process compliant procedures for opting out of involuntary vaccinations,
(3) Sound information to support informed consent if the vaccination is truly voluntary, and
(4) Due-process compliant procedures required to involuntarily isolate or quarantine any person who refuses to take an involuntary vaccine, or for anyone who for voluntary reasons refuses to take a vaccine.
33. Medical ethics, United States law regarding medical experimentation and treatment, and international legal standards require nothing less. These international legal standards are among the international standards the Agency pledged to harmonize to in a notice published in the Federal Register of October 11, 1995 (60 FR 53078), “FDA articulated its policy regarding the development and use of standards with respect to the harmonization of various national and international regulatory requirements and guidelines…”
See: http://www.cfsan.fda.gov/~lrd/fr970707.html
34. Similarly, if the H1N1 “Swine Flu” vaccination results are similar to the 1976 “Swine Flu” vaccination panic, hundreds will die (more than are alleged to have died from the 2009 “Swine Flu”) and hundreds of thousands or more will be injured. If the Vaccines, with their squalene adjuvant, are as deadly as the experimental squalene Anthrax Vaccine mandated for United States soldiers during the First Gulf War, hundreds of thousands will be hospitalized due to vaccine adverse reactions with tragic consequences to them and enormous preventable financial burdens on the healthcare system.
35. The Petitioners append to this Petition further supporting materials as Appendix B – these address:
1. Epidemics Timeline – Andrew Maniotis, Ph.D
2. Voluntary vs Mandatory – Rima E. Laibow, MD
3. Legal Article: Basis for Injunction – Kent R. Holcome
4. Your Right to Self Shield – Ralph Fucetola, JD
5. Access to Representative Data Unfavorable to Petitioners
Actions Requested from Food and Drug Administration (FDA)
and/or the Centers for Disease Control (CDC)
36. Therefore the Petitioners request the following redress of grievances:
(a) The first action sought is an emergency Temporary Stay of the pending Vaccine approval applications. The applications should be denied. Petitioners request a Public Hearing. Petitioners are in immanent peril of irreparable harm if the Temporary Stay is not granted immediately.
(b) Additionally, the Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to open and accept public comments and include, as part of any approval of the Vaccines, requiring strong warnings to the publics of each age groups, geographic location and any other relevant demographics, that a process be developed for individuals to opt out of any mandatory program and that clear instructions be given on the risk and benefits of the vaccine:
“This Vaccine has not undergone adequate FDA safety or efficacy testing and its risks are unknown in all age groups. This Vaccine contains ingredients previously rejected for use in the United State and/or never evaluated by the FDA which have been shown in animal studies to cause significant adverse biological response when injected.” Additionally, there is no legal mechanism, such as the VICP, which will provide compensation for those who may be foreseen to be injured by the Vaccines.
(c) Furthermore, the Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to recommend to all implementing agencies, such as State Departments of Health that the Vaccines not be subject to any legal mandate requiring their use by any class of persons in order for such persons to receive government services, or to work in particular employments, or to travel or to attend any public places or for any other purpose.
(d) The Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to recommend to all implementing agencies, such as State Departments of Health that these uninsurable, unproven and untested Vaccines not be subject to any legal mandate, whether direct or indirect, perceived or actual, requiring their use by any class of persons in order for such persons to receive government services, such as schooling, or to work in particular employments, such as first responders or health care workers, or to travel or to attend any public places or for any other purpose.
(e) The Petitioners petition the Food and Drug Administration (FDA) and/or the Centers for Disease Control (CDC) to recommend voluntary Self-Shielding at home in preference to vaccination or removal to FEMA or other relocation facilities in the event of a Declared Pandemic Emergency.
Wherefore the undersigned certifies that to the best of his knowledge and belief the factual statements made herein are true, complete and not intentionally misleading.
The undersigned certifies, that, to the best knowledge and belief of the undersigned, this petition includes all information and views on which the petition relies, and that it includes representative data and information known to the Petitioner which are unfavorable to the petition.
August 17, 2009 (Rev.1.01 – 08.23.09)
Initial Petitioners Listed on Appendix A
By:
Ralph Fucetola JD
Natural Solutions Foundation Trustee, on behalf of all Petitioners
Express Mail: EO 964 064 326 US – 0144 4000 0332 0857
Revision by email to: [redacted]@fda.hhs.gov
Appendixes
Appendix A – Signatories
Gary Null, PhD – Human Nutrition & Public Health Science
New York, New York 10024
Dr. Tedd Koren, DC – Foundation for Health Choice
Hatfield, PA 19440
Albert N. Stubblebine III – (Maj Gen. US Army Ret.) President
Natural Solutions Foundation
Maryville, Missouri 64468
Rev. Dr. Robert H. Sorge – Pastor of Abunda Life Center
Asbury Park, New Jersey 07712
Rev. Kathy A. Greene, BARA – Chair of LifeSpirit Center
Newton, New Jersey 07860
Alan Phillips, J.D., VaccineRights.com
Chapel Hill, NC 27515-3473
Karen Horbatt – President – Institute for Health Research
Summit, NJ 07901-1826
Appendix B – Articles
1. Andrew Maniotis, Ph.D – How to Predict an Epidemic Timeline
http://drrimatruthreports.com/?p=3198
2. Rima E. Laibow, MD – Truth and the Ministry of Lies
http://drrimatruthreports.com/?p=3279
3. Kent R. Holcome – Basis for Injunction
http://www.medicalveritas.com/man1925_1936.pdf
4. Ralph Fucetola JD: Your Right to Self Shield
http://drrimatruthreports.com/?p=2752
5. Unfavorable Data:
21 C.F.R. 10.30 includes a form of Certification, as used in this Petition, which requires Petitioners to set forth “representative data and information known to the petitioner which are unfavorable to the petition” In fulfillment of this requirement, Petitioners cite the Government’s own web site on Vaccine Safety which includes a representative sample of opinions contrary to those of Petitioners:
http://www.fda.gov/BiologicsBloodVaccines/SafetyAvailability/VaccineSafety/ucm133806.htm
———————————–
Addendum 1.01
Requirements under 21 C.F.R. 10.30 (Citizens Petition)
A. Action requested
The Petitioners request the five specific actions set forth in Paragraph 36 of the Petition.
B. Statement of Grounds
The Legal and Factual Statement of Grounds is found in Paragraphs 8 through 35 of the Petition.
C. Environmental Impact/Exemption
The impact of the granting of the five specific relief actions requested herein will not have any measurable effect on the current environment. This Petition should therefore be exempt under 21 C.F.R. 25.31 (Human drugs and biologics).
D. Economic Impact
This decision will impact the economy as follows:
1. May limit upside profit potential of the vaccine makers and others who will profit from the sale of uninsured, un-tested-for-safety and unproven vaccines to the public.
2. Will reduce the cost to the economy of the lost productivity and other costs of persons who will suffer foreseeable harm from the vaccines.
3. Since the effectiveness of the vaccines are not proven, it cannot be determined what economic benefit may occur from any alleged immunization effect.
Addendum 1.02
Requirements under 21 C.F.R. 10.35 (Stay of Action)
A. Decision Involved
The Center for Biological Evaluation and Research (CBER) pending “Swine Flu”- A-H1N1-09 Vaccine Approvals under the Public Health Service Act, Biological Products:
Section 351(d) (Section 262 of Consolidated Title 21): “Licenses for the maintenance of establishments for the propagation or manufacture and preparation of products described in Subsection A of this Section may be issued only upon a showing that the establishment and the products licenses desired standards, designed to assure the continued safety, purity, and potency of such products, prescribed in regulations, and licenses for new products may be issued only upon a showing that they meet such standards.”
B. Action Requested.
Per Paragraph 36 (a) of the Petition: “an emergency Temporary Stay of the pending Vaccine approval applications. The applications should be denied. Petitioners request a Public Hearing. Petitioners are in immanent peril of irreparable harm if the Temporary Stay is not granted immediately. ”
Natural Solutions Foundation
www.HealthFreedomUSA.org
08/17/09 Update: Led by Gary Null, PhD, Dr. Laibow and others, Health Freedom advocates petition the FDA for a stay of “Swine Flu” vaccine approval; see:
Citizens Petition Tells FDA to Stop the Shot
http://drrimatruthreports.com/?p=3312
Lawsuits to Stop the Shot…
The blogisphere is abuzz with rumors and intentions to seek judicial redress against the threat of an un-insurable, untested, unproven, mandated “swine flu” vaccine.
One well-respected natural news outlet, for example, early yesterday reported that an injunction had been issued in a federal case here in NJ, and then, a couple hours later, had to retract that story.
Pro-se litigants in several states are filing law suits. The NJ suit is by a pro-se activist who has had several successful suits. His case is the one that was misreported. The injunction has not yet been issued. We have been discussing his approach with him and he is seeking court protection since he fears being harmed by mandatory vaccines.
Meanwhile, several groups of lawyers are also seeking to litigate these issues. Yesterday I was on a conference call with a couple of them and we hope to move ahead as funding becomes available. Natural Solutions Foundation expects to be a plaintiff in any such suit.
Some of the sites that discuss these issues (I haven’t reviewed them all in detail) include:
Format for lawsuit: http://www.medicalveritas.com/man1925_1936.pdf
Pro-se Litigation: http://www.safetylawsuits.com
Self-Shielding White Paper: http://drrimatruthreports.com/?p=2752
FTC Petition demanding an end to all vaccine advertisements as not truthful and misleading:
http://drrimatruthreports.com/?p=507
If I were representing plaintiffs in an injunction case regarding the threat of a mandated vaccine for a declared pandemic emergency, here is what I might say to the judge:
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I urge the Court to issue the Preliminary Injunction or Temporary Restraining Order immediately as exhausting administrative remedies will take so long as to make it impractical to seek redress through FTC, CDC and FDA, since the government promises to approve the “swine flu” vaccine without safety testing within the next few days. We are in
immanent peril of irreparable harm.
“Getting swine flu vaccine by September means skipping all but the most preliminary clinical tests of vaccine safety and effectiveness.” http://www.webmd.com/cold-and-flu/news/20090717/swine-flu-vaccine-fast-track
The vaccine will include dangerous substances such as mercury and squaline.There has never been any FDA approval of the use of squaline in any vaccine. When it was used in the “experimental” Anthrax vaccine given to US soldiers during the first Gulf War, there were thousands of hospitalizations for adverse reactions. http://www.gulfwarvets.com/issues.htm
Your Honor is authorized by case law, including a US Supreme Court case to intervene when vaccines threaten the life and health of people, as this vaccine will do. Stated the Court: “the judiciary [is] competent to interfere and protect the health and life of the individual concerned.”
Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905)
“It is easy, for instance, to suppose the case of an adult who is embraced by the mere words of the act, but yet to subject whom to vaccination in a particular condition of his health or body, would be cruel and inhuman in the last degree. We are not to be understood as holding that the statute was intended to be applied to such a case, or, if it was so intended, that the judiciary would not be competent to interfere and protect the health and life of the individual concerned. “All laws,” this court has said, “should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression or absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language which would avoid results of that character. The reason of the law in such cases should prevail over its letter.” United States v. Kirby, 7 Wall. 482; Lau Ow Bew v. United States, 144 U.S. 47, 58. Until otherwise informed by the highest court of Massachusetts we are not inclined to hold that the statute establishes the absolute rule that an adult must be vaccinated if it be apparent or can be shown with reasonable certainty that he is not at the time a fit subject of vaccination or that vaccination, by reason of his then condition, would seriously impair his health or probably cause his death.”
Federal law effectively mandates vaccination in the event of a declared pandemic emergency, such as was declared on April 26, 2009. http://www.nytimes.com/2009/04/27/world/27flu.html
This is apparent from the following sample of regulations:
* Executive Order 13375 permits federal isolation and quarantine of individuals to prevent transmission of numerous diseases including “influenza that can cause a pandemic”. Under this April 1, 2005 EO signed by George W. Bush, and the following regulations, anyone violating a quarantine order can be punished by a $250,000 fine and a one year prison term while organizations may be punished by a $500,000 fine….” http://en.wikisource.org/wiki/Executive_Order_13375 , 42CFR70_71-1.pdf p.3
* Under §§361-368 of the Public Health Services Act (42-USC 264-271), the government can “make and enforce regulations as are necessary to prevent the introduction, transmission or spread of communicable diseases from foreign countries into the United States and from one State or possession into another….especially when combined with vaccination….” 42CFR70_71-1.pdf p.3
* Section 70.9 of the Public Health Services Act (42-USC 264-271) allows the government to establish vaccination clinics and charge a user fee for that vaccination [unless you are a Medicare B recipient] introducing “…health strategies such as vaccination.” Records must be carefully kept although “the Director may waive or modify these requirements in the event of a public health emergency.” 42CFR70_71-1.pdf p.3
* “Persons subject to provisional quarantine may be offered medical treatment, prophylaxis, or vaccination as the Director deems necessary to prevent the transmission or spread of disease. Medical treatment prophylaxis, or vaccination will typically occur in a hospital setting but may occur in other settings as the Director deems necessary… on a voluntary basis… provided that persons who refuse remain subject to quarantine until the period of incubation and communicability have passed.” 42CFR70_71-1.pdf p.13, 14
* “The length of quarantine shall not exceed the period of incubation and communicability” which for influenza is given as “1-4 days following exposure” and another “5-14 days following onset of illness”. 42CFR70_71-1.pdf p.14
NOTE: An American citizen can be held in “provisional quarantine” indefinitely although the quarantine itself is not to exceed the period of incubation and communicability of the disease. Imagine, for a moment, that you are in a FEMA detention center and someone else develops a cold, cough or fever. You ALL could then be held in provisional detention for another period, and another and another…. since:
* The person in quarantine “may refuse examination, medical monitoring, medical treatment, prophilaxis or vaccination, but that if they choose to do so they remain subject to quarantine“ [Emphasis added] 42CFR70_71-1.pdf p.15
A “voluntary” vaccine enforced by indefinite detention is not voluntary. A “voluntary” vaccine enforced by refusal to let people continue to work, travel or go to school is not voluntary. Conditioning access to public services, the right to travel, and other normal activities of civilized life with submission to an un-insurable, untested vaccine for which the providers bear no legal liability violates basic standards of due process and the rule of law. An injunction must be issued.
We urge the Court to issue a Preliminary Injunction (TRO) immediately. We are in immanent peril of irreparable harm.
——————————
Submitted by: Ralph Fucetola JD
Natural Solutions Foundation Trustee and Counsel
Please help us keep up the “good fight” and make your tax deductible donation here:
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Natural Solutions Foundation
The Voice of Global Health Freedom™
www.GlobalHealthFreedom.org
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Support Health Freedom as an Expense Paid Volunteer or Volunteer Sponsor
Health Freedom is a labor-intensive effort. We need about 10 volunteers right now. Just in case you are looking for a way to be out of the US right about now, without making a complete break, how
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about becoming an Expense Paid Volunteer at the Valley of the Moon™ in the temperate Highlands of Panama? We need people with a wide diversity of skills. Here’s the letter we are sending to our special sponsors – YOU!
Sponsoring Liberty Volunteers
We are truly “The Voice of Global Health Freedom.”™ There are now just under a quarter of a million people who have opted into the Health Freedom Action eAlert system to receive our Alerts asking you to take specific actions to protect health and freedom. And, by the hundreds of thousands you do!
This powerful “push back” effort has results; powerful results. For example, this past week, officials from the CDC (Centers for Disease Control) took to the mass media to assure people that the coming “swine flu” vaccine will be “completely voluntary.” While we do not believe this uninsurable, unproven drug will be truly voluntary, prior to your more-than-a-million messages to decision makers demanding respect for your rights, these same people were openly planning for mass, involuntary inoculations. “Push back” works! More of your accomplishments for Health Freedom can be found at: http://drrimatruthreports.com/?page_id=195
Well, all this activity generates a large amount of Internet email traffic… so much so that none of the Foundation volunteers can keep up with it. We’re not complaining, mind you, since we measure our success by your contacts and your activism. What we need is more help to keep on helping you keep health freedom free.
Dr. Laibow, especially, needs help to free her time so she can continue her highly productive research, write, appear on the media, etc. As she says, “The Natural Solutions Foundation needs help to keep up with our successes – and continue generating more!”
At the same time as the Foundation is leading the fight to educate our representatives, the Foundation is also sponsoring Eco Demonstration projects in several countries, with the Valley of the Moon™ in the Highlands of Panama our main “discover, develop, demonstrate and disseminate Natural Solutions” location. This puts further demands on Dr. Laibow and Gen. Stubblebine’s time. But demonstrating Natural Solutions is an important part of preserving our health and freedom. Just as we said when we decided we had to do it, reclaiming the production food for farmers and non-farmers alike is a vital part of health freedom, as the battle over the food safety [sic!] bills like H.R. 2749 has verified
Faced with a problem, we’re very good at finding the solution. We have, as it turns out, a solution – a natural solution! – to this one, too. There is a growing group of enthusiastic individuals who want to volunteer to help us full time at the Valley of the Moon. All they need is room and board and they can do all the many things needed to mobilize this growing movement for Health Freedom.
These people are not just helping out in Panama: they are willing to become the bedrock and backbone of our health freedom movement by doing the tasks that are needed to fight the health freedom battle in the US and globally since the problem, like the anticipated governance structure of the globalists, has been turned into a one-world-problem!
We’ve learned over the past couple of weeks about the power of volunteer help. Not only are a couple volunteers catching up on the tens of thousands of emails that have come in, but others are hard at work building decent housing for the indigenous families who pick our Valley of the Moon All Natural Coffee.
See: http://drrimatruthreports.com/?p=3236
It’s simple; it costs us $500 per month per volunteer to have “free volunteer” labor… We urgently need (and have “waiting in the wings”) ten volunteers ready to move to the Valley of the Moon and start working on Foundation affairs, helping Dr. Laibow and General Stubblebine set up the Seminar and Wellness Center as scheduled in September, answering emails, organizing and building the performance center, etc. Researching the situation in Washington and elsewhere; keeping these email messages coming to you…
Naturally, we need your help to make this happen. We need a group of Angels who will commit to Sponsoring a Liberty Volunteer. Even a regular monthly tax deductible donation of $100 will go a long way toward supporting a member of the Valley of the Moon Volunteer Corps for Dr. Laibow. Donate $500, earmarked for one volunteer and we’ll be honored to honor you as a Liberty Volunteer Sponsor.
We invite those of you who can arrange your schedule and time to visit the Valley of the Moon, the refuge we are creating to protect and preserve Natural Solutions in dangerous times. Come to visit; come to volunteer.
New Natural Solutions Volunteer & Interns Forum:
http://groups.yahoo.com/group/NSF-volunteers/join/
We invite those of you who can do so to become a Liberty Volunteer Sponsor. Foundation and Family Trustes, Churches and similar nongovernmental organizations can also sponsor our Volunteers.
As a Sponsor you will be invited to attend important Health Freedom phone conference calls and participate in the Natural Solutions Volunteer Corp online Forum where we will continue to plan and implement a strong Health and Freedom Campaign.
Among the hundreds of thousands of people who receive these Health Freedom Action eAlert messages – and forward them on to tens of millions more, we know there are a group of you who can support a Liberty Volunteer.
If you can sponsor a full or partial Volunteer (or want to Volunteer) please contact us at dr.laibow@gmail.com with “Liberty Volunteer” in the subject line. We’ll link Sponsors and Volunteers into a community of interest, through a special online Forum, to further mobilize support for Natural Solutions… and then, there is nothing we cannot accomplish!
Yours in health and freedom,
Ralph Fucetola JD
Natural Solutions Foundation Trustee
www.GlobalHealthFreedom.org
www.HealthFreedomUSA.org
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NEW VITAMIN LAWYER VIDEO
45 Minute Interview
“One on One with the Vitamin Lawyer”
from Power Pictures Inc.
Trailer: www.youtube.com/watch?v=wWPvzpn0YgA
$11.95 – www.powerpicturesinc.net/store.html
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3 Leaflets for the
3 Weeks to Save Health Freedom Campaign:
http://drrimatruthreports.com/?p=3241
Must Read – Dr. Laibow’s Hard Hitting
Push Back and the Ministry of Lies
http://drrimatruthreports.com/?p=3279
DONATE for HEALTH FREEDOM!
And, whether you can volunteer or not, health freedom also requires your on-going support. Click here, http://drrimatruthreports.com/?page_id=189, to set up your recurring, tax deductible donation now.
This is a volunteer enterprise for the Trustees of the Foundation. Just think for a moment whether you would miss us if we could not continue to defend your health freedom. Of course you would. Please give generously.
Don’t Forget to “Follow” Us on Twitter!
For Up-to-the-Minute Developments
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Natural Solutions Foundation
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PUSHING BACK – “NO MANDATORY VACCINATIONS”
Says US Government
No Forced Vaccine Action Step
http://salsa.democracyinaction.org/o/568/campaign.jsp?campaign_KEY=27275
3 Weeks to Save Health Freedom:
http://drrimatruthreports.com/?p=3262
You know that push back works. We are finding out together just how well it works! Last week, the US Government made it clear that, whether they want to or not, they have to respond to our demands. We are not home yet, but we sure have pushed the mandatory vaccine crew back quite a way.
We don’t want mandatory vaccines. We don’t want incarceration. What we do want is the right to control our own lives and health choices We’ve been telling the US Government, Governors and State Legislators exactly that with more than 1.3 million emails to that effect… so far.
Last week, Secretary Sibelius of Health and Human Services (home of FDA and CDC), along with Dr. Fauci of the National Institute for Allergies and Infectious Diseases went on record (CSpan) responding to our insistent, persistent demand for self sheilding rather than mandatory pandemic vaccination. Of course, they did not mention us by name but they were clearly repsonding to our email campaign demanding the right to own our own bodies. They said all vaccinations would be voluntary – and we don’t believe them for a minute. Here’s why, and here’s what we need to do.
‘Ministry of Truth’ Spins Lies,
a la 1984
Note that in the following quotes from official documents, published in 2005, “quarantine” applies to people who have not yet become ill while “isolation” applies to those who have already developed the disease.
The benign-sounding, but very ominous, term “provisional quarantine”, by the way, is defined on p. 41 of 42 CFR 70_71.pdf as “detention on an involuntary basis of a person or group of persons reasonably believed to be in the qualifying stage of a quarantinable disease until a quarantine order has been issued or until the [CDC – REL] Director determines that provisional quarantine is no longer warranted.”
NOTE: As you read through the following quotes authorizing the CDC to quarantine you on a “voluntary” basis if you do not take the pandemic vaccine on a “voluntary” basis, I suggest you insert the word “involuntary” in front of every place that “quarantine” appears – REL
Now that the US Government has declared that vaccines will be “voluntary”, you need to understand that in an Orwellian inversion, “voluntary vaccination” will actually be mandatory vaccination which would work like this:
FEDERAL QUARANTINE:
* The US Government could, like any good politician, simply reverse this “campaign promise” and, to put it simply, lie. This would neither be uncommon nor unexpected. The only protection against this would be legislation such as the legislation we have proposed in our No Forced Vaccination Action item and which Dr. Ron Paul is considering introducing. Enthusiastic support for this legislation will help collect enough spponsors and supporters to pass.
* WHO’s International Health Regulations (IHR) are legally binding upon all 194 signatory countries, including the US. If WHO advises mandatory vaccination under the IHR, the US would be obligated to reverse its current stand and require mandatory vaccination for the Swine Flu, Level 6 Pandemic. US Legal exemptions for self shielding, but not for medical conditions, would, we believe, trump this requirment since we believe legal action by the US BEFORE mandatory vaccination is invoked would give the US legal authority to allow self shielding without violating international law. http://www.who.int/features/qa/39/en/index.html, whqlibdoc.who.int/publications/2008/9789241580410_eng.pdf
* Executive Order 13375 permits federal isolation and quarntine of individuals to prevent transmission of numerous diseases including “influenza that can cause a pandemic”. Under this April 1, 2005 EO signed by George W. Bush, and the following regulations, anyone violating a quarantine order can be punished by a $250,000 fine and a one year prison term while organizations may be punished by a $500,000 fine….” http://en.wikisource.org/wiki/Executive_Order_13375 , 42CFR70_71-1.pdf p.3
* Under §§361-368 of the Public Health Services Act (42-USC 264-271), the government can “make and enforce regulations as are necessary to prevent the introduction, transmission or spread of communicable diseases from foreign countries into the United States and from one State or possession into another….especially when combined with vaccination….” 42CFR70_71-1.pdf p.3
* Section 70.9 of the Public Health Services Act (42-USC 264-271) allows the government to establish vaccination clinics and charge a user fee for that vaccination [unless you are a Medicare B recipient] introducing “…health strategies such as vaccination.” Records must be carefully kept although “the Director may waive or modify these requirements in the event of a public health emergency.” That means that, as in the military’s use of experimental vaccines, records do not have to be kept. Since all vaccine makers and those who administer them are specifically exempt from any liability, there is, from their point of view, perhaps no reason to keep records – REL 42CFR70_71-1.pdf p.3
* “Persons subject to provisional quarantine may be offered medical treatment, prophylaxis, or vaccination as the Director deems necessary to prevent the transmission or spread of disease. Medical treatment prophylaxis, or vaccination will typically occur in a hosptial setting but may occur in other settings as the Director deems necessary.” “Medical treatment, prophylaxis, or vaccination may occur in a hospital or other settings, including homes [Empahsis added – REL] as the Director deems necessary,… on a voluntary basis….provided that persons who refuse remain subject to quarantine until the period of incubation and communicability have passed.” 42CFR70_71-1.pdf p.13, 14 [Empahsis added – NOTE: this gives additional weight to our demand for home self-shielding – REL]
* “Medical treatment, prophylaxis, or vaccination shall occur on a voluntary basis, provided that persons who refuse remain subject to provisional quarantine.” [Empahsis added – REL] 42CFR70_71-1.pdf p.13
* “The length of quarantine shall not exceed the period of incubation and communicability” which for influenza is given as “1-4 days following exposure” and another “5-14 days following onset of illness”. 42CFR70_71-1.pdf p.14
NOTE: you can be held in “provisional quarantine” indefinitely although the quarantine itself is not to exceed the period of inclubation and communicability of the disease. Imagine, for a moment,that you are in a detention center and someone else develops a cold, cough or fever. You ALL could then be held in povisional detention for another period, and another and another…. since:
* The person in quarantine “may refuse examination, medical monitoring, medical treatment, prophilaxis or vaccination, but that if they choose to do so they remain subject to quarantine“ [Emphasis added] 42CFR70_71-1.pdf p.15
* Once Pandemic Emergency powers are invoked, you could be given the “choice” to accept a flu shot or not. If you do, whatever the consequences are, you can sue no one, and no one is liable for your damages (or death). If you “choose” not to accept the “voluntary” flu shot, you will very likely then be faced with provisional quarantine, which equals incarceration/quarantine/detention for as long as the government chooses to detain you.
Despite the legalism, I would call that mandatory vaccination, wouldn’t you?
Isn’t this just a “perfect storm”: those who submit to the vaccination have no redress and those who refuse are subject to indefinite detention.
STATE QUARANTINE:
All 50 States have legislation allowing medical exemptions for conventional vaccines. Nearly all have religious exemptions and some have philosophical exemptions. Pandemic vaccines do not, however, fall under those laws. Public health laws vary from state to state but most have adopted some version of the Model State Emergency Health Powers Act (MSEHPA) which allows the 44 states and the District of Columbia which have passed some or all of this statute to:
– Take control of all roads leading into and out of cities and states
– Seize homes, cars, phones, computers, food, fuel, clothing, firearms and alcoholic beverages for their own use (without liability)
– Arrest, imprison, forecibly examine, vaccinate and medicate citizens without consent (without liability) [Emphasis added – REL]
The MSEHPA allows/requires the Governor of the State to declare a pandemic health emergency once the federal government has done so. At that point, citizens who refuse medical examination or treatment, even if there is no evidence of contamination, will be incarcerated either under a felony or a misdemenor charge (varies by State). This incarceration is for an indefinite period. What this means to you is that you will be ‘disappeared’ without recourse, legal right of appeal or control over your body or your fate.
Under the Constitution of These United States, all matters not specifically designated as government functions are left to the States and the People. Public health is not mentioned in the Constitution so it is a State matter. Thus, the MSEHPA literally OVER RIDES the Federal actions so the fact that the CDC Director would allow you an appeal (which might or might not be granted and might or might now lead to your release if granted) has no meaning if your incarceration is in a State facility. But this also means that your State can pass the legislation that we have proposed in our No Forced Vaccination Action item, http://salsa.democracyinaction.org/o/568/campaign.jsp?campaign_KEY=27275 restoring your right to control your own destiny and your control over your children’s bodies. And, by the way, so can the Federal Government, which is why Ron Paul is considering introducing this legislation.
Every time you submit one of our No Forced Vaccination Action Items, the Governor of your state recieves it. So do your State legislators. And your Federal legislators. And the Secretary of Health and Human Services. And the Secretary of Department of Homeland Security. And the White House.
That means that they, both State and Federal decison makers, are hearing our roar. But the roar has to be loud enough to make it clear that we will not be vaccinated against our will, not even for a phony pandemic which apparently, at least in the minds of WHO (June 11) and HHS (April 25) required a declaration of “Pandemic Emergency)” despite the fact that:
* The first alleged Swine Flu death occurred on April 14, 2009 in Mexico
* Baxter applied for the patent for its version of the vaccine in 2007
* Novartis’ Swine Flu vaccine was removed from the market in Feb, 2009
* “Swine Flu” is diagnosed wrong 90% of the time because its symptoms are indistinguishable from normal seasonal flu
* Swine Flu lab diagnosis is highly inaccurate
* Swine Flu cases are no longer being counted, per a WHO directive, [since diagnosis is so poor – REL]
* Swine Flu has caused far fewer deaths than the normal seasonable flu
* Not one person has been proven, through established forensic methods, to have ever died FROM Swine Flu although some may have died WITH Swine Flu (the fact is, even this is unclear)
On April 29, Alex Jones released the following important information:
Homeland Security Issues Alert on
Mandatory Quarantine Procedures
BATF and FBI to forcibly detain Americans despite only 7 confirmed swine flu deaths in Mexico
Prison Planet.com
Wednesday, April 29, 2009
The Department of Homeland Security has sent out an alert to health care providers outlining how BATF, FBI, and U.S. Marshals will be called upon to impose mandatory quarantines in the event of a widespread swine flu outbreak in the U.S.
According to the report, “DHS Assistant Secretary Bridger McGaw circulated the swine flu memo, which was obtained by CBSNews.com, on Monday night. It says: “The Department of Justice has established legal federal authorities pertaining to the implementation of a quarantine and enforcement. Under approval from HHS, the Surgeon General has the authority to issue quarantines.”
The memo states, “U.S. Customs and Coast Guard Officers assist in the enforcement of quarantine orders. Other DOJ law enforcement agencies including the U.S. Marshals, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives may also enforce quarantines. Military personnel are not authorized to engage in enforcement.”
However, a separate Defense Department planning document, DOD_Pl_Implementation_Plan_August_2006_Public_Release.pdf, on dealing with pandemics states that the Pentagon will use the forces at its disposal to assist in “quarantining groups of people in order to minimize the spread of disease during an influenza pandemic” and aid in “efforts to restore and maintain order.”
As we reported yesterday, so-called “involuntary isolation” is already being enforced in certain areas of the United States. The state’s health director in North Carolina, Dr. Jeffrey Engel, said that authorities were already involuntarily isolating patients who may have the swine flu virus. He refused to divulge the location of where the victims were being quarantined.
News reports such as this one from MSNBC are prevaricating around the contention that quarantines are a normal event that Americans should be comfortable with. In reality, there has only been one case of “involuntary quarantine” in the U.S. in the last 45 years.
“In 2007, Andrew Speaker, an Atlanta lawyer, was quarantined inside a hospital in Denver on suspicion of having extensively drug-resistant tuberculosis. It turned out that the CDC was incorrect and Speaker had a milder form of the disease,” states the CBS report.
The MSNBC report also falsely claims that quarantines will solely be handled on a state/local level, when in reality, Bush’s executive order 13375 outlines a federal response, and the DHS memo lists numerous federal authorities that will have powers of quarantine.
In addition, the Bush administration’s National Strategy For Pandemic Influenza (Pandemic-Influenza.pdf) released in November 2005, states that the federal government will impose “quarantines” and “limitations on gatherings”.
http://www.prisonplanet.com/homeland-security-issues-alert-on-mandatory-quarantine-procedures.html
Is this the most important of the crises facing us? I believe so. Can you have an impact on the outcome of this crisis? I know so. We already are having that impact. My estimate is that we need about 10 emails for every one already sent. You can make that happen!
Health Freedom Action eAlert
News, alerts, and Other Relevant Health Freedom information
PLUS: Action Items You Need to Take Now!
Natural Solutions Foundation
The Voice of Global Health Freedom™
Health Freedom Action eAlert
August 9, 2009
Three for Liberty Campaign: We Have Three Weeks Before Congress Reconvenes!
The Natural Solutions Foundation Has Identified 3 Key Issues Impacting Our Liberty.
Here’s what you can help us accomplish:
1) Protect our right to Self-Shield – NOT be required by laws already in place to take the “swine flu” jab.
2) Reverse the FDA/FTC violation of our right to learn and share the benefits of supplements and herbs.
3) STOP the enactment of (sic) “Food Safety” bill, HR 2749, which allows the FDA to declare martial law, invade your home, degrade your food supply and forbid you to save seeds or grow clean, wholesome foods.”
Visit the Three For Liberty Campaign to Take Action on All Three Now!
Three for Liberty: The Campaign:
http://drrimatruthreports.com/?p=3209
The 3 Printable Leaflets:
http://drrimatruthreports.com/?p=3241
During the next three weeks, while:
* Congress is on its August Recess and you can easily visit your Congressmen and women in their home districts to explain why you want the right to self shield, rather than be forced to take a vaccine or be incarcerated
* The dangerous Swine Flu vaccine is being tested on children and pregnant women* NOT for safety, but for dosage, and has not yet been deployed on a mandatory basis
* The Senate has not yet voted on the total give-away of our food supply to the very forces that are killing us with dangerous and unsafe food, Agribiz
* Every Member of Congress can be educated about the importance of HR 3394 and 3395 in protecting both our health, our health freedom and our Constitutional right to free speech
Right now, you have an outstanding opportunity to act decisively and powerfully to speak for Liberty, and protect her – and yourself. The next three weeks, while Congress is on recess, can be the time when we, the net roots of health freedom, act in such compelling numbers that we do, indeed, protect our health and our freedom from the forces that are trying to overwhelm both of them.
* Vaccine “testing” began yesterday at St. Louis University although the FDA said on July 23, 2009 that it would approve the Swine Flu vaccine for general use BEFORE safety tests were completed – and this for a disease which is “less severe than the seasonal flu.”
Reality check: while you are being reassured that vaccination will be voluntary, two facts bear recalling:
1. As we have previously documented, in 2005 the World Health Organization gave itself the authority to dissolve sovereign governments and take control should there be a “pandemic”. That determination did not stipulate a real pandemic, any pandemic will do.
That declaration states, ” Under special pandemic plans enacted around the world including the USA, in 2005, national governments are to be dissolved in the event of a pandemic emergency and replaced by special crisis committees, which take charge of the health and security infrastructure of a country, and which are answerable to the WHO and EU in Europe and to the WHO and UN in North America.”
This suggests very strongly that the faux pandemic was orchestrated disease or no disease and therefore represents a serious threat to liberty as well as to the social order.
2. Although HHS Secretary Sibelius, Dr. Fauci, head of the National Institute of Allergy and Infectious Diseases (NIAID) and other government officials repeated on CSPAN today that there will be no forced flu vaccinations, the situation is a bit more complex: If Pandemic Emergency powers are invoked, you could be given the “choice” to accept a flu shot or not. If you do, whatever the consequences are, you can sue no one, and no one is liable for your damages (or death). If you “choose” not to accept the “voluntary” flu shot, you will very likely then be faced with incarceration/quarantine/detention.
Despite the legalism, I would call that mandatory vaccination, wouldn’t you?
You Are the Key.
You Decide to Mobilize All of Your Contacts on These Three Key Issues and We Are Unstoppable
The Issues:
1. Swine Flu Vaccination: Big Pharma wants you vaccinated. The US government wants you vaccinated. Baxter, Novartis, Glaxo-Smith Kline, and Sanofi Pasteur executives are members of the advisory group that on July 13th recommended mandatory H1N1 vaccination of everyone in all 194 countries that belong to the WHO.
The plans for the final globalization of the planet needs you to be vaccinated.*
You, of course, do not need to be vaccinated for a trivial disease which has been inflated into a Level 6 Pandemic by the agency which can then take command of the political power of the world.
But here in the US, you have already sent 1.3 MILLION emails to Congress, State Legislators, Governors, Secretary Sibelius of HHS, Secretary Napolitano of DHS and the White House demanding the right to self shield.
Think for a moment what actually happens if, in addition to submitting an email for each member of your family, you mobilize your circle of influence to do the same, and they spread this populist demand further still? What happens is that we get what we demand: the right to NOT take a vaccine for Swine Flu if we don’t want it AND the right not to be incarcerated if we reject the vaccine.
*”USNORTHCOM is the global synchronizer – the global coordinator – for pandemic influenza across the combatant commands” Brig. Gen. Robert Felderman, deputy director of USNORTHCOM’s Plans, Policy and Strategy Directorate: (See Gail Braymen, USNORTHCOM contributes pandemic flu contingency planning expertise to trilateral workshop, USNORTHCOM, April 14, 2008, Also see USNORTHCOM. Pandemic Influenza Chain Training (pdf) (Chossudovsky, 2009)
2. End FDA/FTC Gag Rule on Health and Food: Dr. Ron Paul has given us two new bills that go to the heart of the FDA/FTC violation of our right to learn, and to share, what benefits food components like supplements and herbs can give us.
These bills need to be supported by asking your members of Congress to become co-sponsors and return our Constitutional Rights to us.
3. Prevent Total Industrialization of US Food Supply: The House has passed HR 2749, which allows the corrupt and deadly FDA to declare martial law, invade your home, degrade your food supply and forbid you to save seeds or grow clean, wholesome foods.
For more reasons to oppose HR 2749, see: http://drrimatruthreports.com/?p=3289
We know these outcomes are important to you. The Natural Solutions Foundation has prepared 3 helpful Resource Documents at http://drrimatruthreports.com/?p=3241to serve as talking point papers when you visit your Congressmen and women during the recess, to share with those whom you are mobilizing, to serve as information points for letters to the editor, to share with the people who shop in your health food store, etc.
Resources for the
Three For Liberty Campaign
Liberty Needs Us Now:
Protect Against FDA / FTC, Food Fascism, First Amendment Violations and Swine Flu Vaccines
We need all of our “Mouse Warriors” to act today!
Three for Liberty:
http://drrimatruthreports.com/?p=3209
3 Leaflets for the 3 For Liberty Campaign
http://drrimatruthreports.com/?p=3241
This eblast is posted at:
http://drrimatruthreports.com/?p=3259
To send this Health Freedom Action eAlert to your entire list, simply copy this link and email it!
Share These Three Health Store Leaflets for Three Weeks to Save Health Freedom
As Mark Twain is alleged to have opined, “No Man’s Life Liberty or Property is Safe…While the Legislature is in Session” – and certainly no person’s health freedom and food freedom are safe either. Well, Congress is not in session at the moment, and we have about three weeks to educate our representatives while they are home. And as you may have noticed in the media, they are hearing these freedom truths from their constituents!
Please attend any “town hall meetings” held by your representatives and let them know that your personal health freedom is as important an issue the “health care” debate, which is really mostly about who will pay for conventional medical treatment, and how will it be rationed. To the contrary, we’re concerned about Natural Solutions, so we need to concentrate on protecting people from toxic drugs (including vaccines) and from toxic foods as well. Our agenda is not the same as the agenda being portrayed on the mass media. The 3 Leaflets have bullet point information for you to use in educating your representatives about our Health Freedom Agenda.
Thus, the focus of our Three for Liberty Campaign, http://drrimatruthreports.com/?p=3209, our Three Weeks Campaign, needs to be educating decision makers, but also educating the concerned public – people who “get it” and understand that Health Freedom is Our First Freedom and people who CAN “get it” if you help them in that process. Therefore, we invite you to help us, by printing the three Health Food Store Leaflets attached to this blog entry and posting them at your local health food store, food co-op or similar commercial or public venue and posting them. Please print and copy as many as you can. Please re-post them on the Internet. We need to make these posters GO VIRAL!
More about the Three Weeks Campaign: http://drrimatruthreports.com/?p=3209
Please use the links below to support each of the three themes of the campaign.
1. Stop the Fake “Food Safety” (sic) Bill in the US Senate!
One Page Leaflet Link: http://drrimatruthreports.com/?p=3241#1
Action Item: http://salsa.democracyinaction.org/o/568/t/1128/campaign.jsp?campaign_KEY=26714
2. Support Self-Shielding in the Event of a Pandemic
One Page Leaflet Link: http://drrimatruthreports.com/?p=3241#2
Action Item: http://salsa.democracyinaction.org/o/568/campaign.jsp?campaign_KEY=27275
3. Support the Natural Solutions 2009 Legislative Agenda;
Support Dr. Ron Paul’s Health Freedom Proposals
One Page Leaflet Link: http://drrimatruthreports.com/?p=3241#3
Action Item: http://salsa.democracyinaction.org/o/568/campaign.jsp?campaign_KEY=27732
________________
Health Freedom Social Networking
Follow us on Twitter
Retweet to Spread the Word
www.twitter.com/healthfreedomus
www.twitter.com/drlaibow
Hashtags:
#healthfreedom #foodfreedom #selfshield #pandemic
Index –
Introduction to This Issue
Three Actions; Three Weeks
Follow the Action on Twitter
Threats to Freedom: Pandemic Panic
Silver Solutions
Our Three For Liberty Campaign,
http://drrimatruthreports.com/?p=3209, is designed to make it easy for you to act quickly and easily on the biggest threats to your liberty and your health. Take the action steps we’ve set up for each of these issues!
And print the health food store / community center leaflets we’ve set up, copy and post them widely!
http://drrimatruthreports.com/?p=3241
________________
Gag Rule on Swine Flu options is a perfect example of FDA violation of our rights. I am not allowed to tell you that Nano silver, Vitamin C, MSM, and other immune boosters and enhances are good for dealing with Swine Flu and coming out the other side of it, quite literally.
www.Nutronix.com/naturalsolutions
You probably know that the FDA currently literally forbids telling you truthfully that anything other than vaccines and Tamiflu or Relenza can “treat” the Swine flu. That type of gag regulation is exactly what Ron Paul’s two bills are designed to eliminate. But until they do, all I can do is tell you that IF I could exercise my First Amendment rights as a free American, I would tell you about the fantastic effectiveness and safety record of nano silver and colloidal silver in dealing with all pathogens.
Meanwhile, it is clear that the forces arrayed against our health freedom will not rest until they either destroy those freedoms or we win this enormous war.
Of course you know where you can obtain the same Silver Solution we use, and help the Foundation at the same time:
www.Nutronix.com/naturalsolutions
I would also like to ask for your continuing generous elp: please make your tax deductible donation, http://drrimatruthreports.com/?page_id=189, now to help keep us keeping on in the battle for health and freedom. You need us and we need you. It is a marriage of support and respect. Thanks!
Yours in health and freedom,
Dr. Rima
Rima E. Laibow, MD
Medical Director
Natural Solutions Foundation
www.HealthFreedomUSA.org
www.GlobalHealthFreedom.org
Valley of the Moon Eco Demonstration Project
www.NaturalSolutionsFoundation.org
Virtual Shops
www.Organics4U.org
www.NaturalSolutionsMarketPlace.org
FOOD ON OUR DOORSTEPS eJournal
www.FOODFreedomeJournal.org
SHARE!
Tell your friends about http://www.healthfreedomusa.
ORGANIZE!
Join us in the fight to protect your health freedom http://drrimatruthreports.com/?page_id=191
SIGN CITIZEN’S PETITION!
Ask the U.S. government to change its policy on Codex Alimentarius http://drrimatruthreports.com/?page_id=184
CONTRIBUTE!
http://drrimatruthreports.com/?page_id=189
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