In an effort to help Glibs who might find themselves being pressed on all sides regarding a vaccine mandate, I’ve edited the motion for preliminary injunction we filed in our case on Tuesday, Nov. 2. I’ve kept the paragraph numbering the same, even as I’ve edited out paragraphs to bring this down to a more reader-friendly size (hence the skipped numbers below). I hope this helps even a single person in some way. I’ve omitted as much of the legalese and procedural stuff as possible to get this down to the crux of the motion.
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- Plaintiffs filed their first complaint in this matter on August 17, 2021, seeking, inter alia, declaratory and injunctive relief against Defendants. Plaintiffs’ First Amended Complaint was docketed with the Court on October 6, 2021, against the same Defendants and seeking the same relief.
- The facts and allegations stated in Plaintiffs’ Amended Complaint are hereby incorporated into and made a part of this motion for preliminary injunction, as if fully set forth herein. Amended Complaint, Case No. 1:21-cv-002228, ECF No. 29.[1]
- With the collaboration of the other Defendants, Defendant Department of Defense (“DoD”) through the Secretary of Defense (“SECDEF”) is currently engaged in an illegal vaccination program involving all active duty, National Guard, and reserve members of the all-volunteer force.
- In violation of 10 U.S.C. §1107, 10 U.S.C. §1107a, and 21 U.S.C. §360bbb-3, Defendant DoD is knowingly coercing and compelling service members to submit to inoculation with an Emergency Use Authorization (EUA) vaccine for COVID-19. There has been no attack, threat, operation, or declared military exigency in a particular theater to justify the use of unapproved biologic products on the entire U.S. military, whose members are stationed in disparate areas throughout the United States. Some states are explicitly no longer in a public health crisis or pandemic.[2] This is a transparent attempt to impose an unlawful, unprecedented, nationwide public health mandate on one segment of the U.S. populace using the guise of military necessity where there is none.
- Plaintiffs, who are service members facing immediate orders to submit to involuntary inoculation with unlicensed biologics, including Pfizer-BioNTech BNT162b2 (“Pfizer BNT”) are properly before this court and likely to prevail in this case on the merits of their claims.
ANALYSIS
- The Tenth Circuit recognizes a four-factor test when determining whether a preliminary injunction is appropriate. A moving party must establish: (1) a substantial likelihood the moving party will prevail on the merits; (2) that the moving party will suffer irreparable injury without such an injunction; (3) that the balance of interests weighs in favor of the moving party; and (4) that the injunction would not be adverse to public interest. Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980).
- If a moving party establishes that factors 2, 3, and 4 weigh in favor of the moving party, “the test is modified, and [the moving party] may meet the requirement for showing success on the merits by showing that questions going to the merits are so serious, substantial, difficult, and doubtful as to make the issue ripe for litigation and deserving of more deliberate investigation.” Soskin v. Reinertson, 353 F.3d 1242, 1247 (10th Cir. 2004)(citing Davis v. Mineta, 302 F.3d 1104, 1111 (10th Cir. 2002)).
[Auth. Note – ¶¶13-25 explain why a federal district court can step into military affairs and enjoin the DoD under these circumstances. It leans heavily on Doe v. Rumsfeld (Doe I), 297 F. Supp. 2d 119 (D.D.C. 2003).]
The Pfizer-BioNTech Shot (BNT) Is Not Licensed; Plaintiffs Therefore Have More Than a “Substantial Likelihood” of Success On The Merits Of Their Claim.
- The merits argument of Plaintiffs’ case regarding all members of the Armed Forces can be summarized succinctly: (1) Federal law prohibits anyone, including a member of the Armed Services, from being forced, coerced, or in any way pressured to be inoculated with an unlicensed biologic (IND or EUA, or both) without their informed consent; and (2) Defendants are ignoring that prohibition, as well as their explicit statutory responsibilities to ensure that the American public, and Plaintiffs as a class, know that they have the absolute right to refuse being administered an unlicensed biologic product.
- Defendant FDA extended the Emergency Use Authorization (EUA) for the Pfizer BNT shot[3] on August 23, 2021. (See 11, to Amended Complaint, ECF #29). That letter states in pertinent part:
“On August 23, 2021, having concluded that revising this EUA is appropriate to protect the public health or safety under section 564(g)(2) of the Act, FDA is reissuing the August 12, 2021 letter of authorization in its entirety with revisions incorporated to clarify that the EUA will remain in place for the Pfizer-BioNTech COVID-19 vaccine for the previously-authorized indication and uses[.]”[4]
- This letter by Defendant FDA to Pfizer and BioNTech dated Aug. 23, 2021, also makes clear that there are scientific, manufacturing, and legal differences between the Pfizer-BioNTech COVID-19 (BNT) shot and the newly approved COMIRNATY COVID-19 Vaccine, mRNA. (, p. 2-3 n. 8, 9). The most salient of the differences for this Court is that the Pfizer BNT vaccine is, by definition, not licensed; it is an “unapproved product” under the Emergency Use Authorization (“EUA”) statute, 21 U.S.C. §360bbb-3.
- It is indisputable that Defendant SECDEF has ordered all active duty, National Guard and reserve service members to be inoculated against COVID-19. Amended Complaint, ¶23. Defendant SECDEF’s memorandum also stated that the DOD “will only use COVID-19 vaccines that receive full licensure from the Food and Drug Administration.” Amended Complaint, ¶25. Yet subsequent documents executing the mandate reveal that the Department of Defense is intentionally not following its own directive, instead, using EUA vaccines because there are insufficient supplies of licensed vaccine available.
- In a Memorandum for the Assistant Secretary of the Army (Manpower and Reserve Affairs), Assistant Secretary of the Navy (Manpower and Reserve Affairs), Assistant Secretary of the Air Force (Manpower and Reserve Affairs), and the Director of the Defense Health Agency, Terry Adirim, the Acting Assistant Secretary of Defense for Health Affairs, admitted that the Department of Defense was not administering a fully licensed and approved vaccine members of the Armed Forces, but was instead skirting federal law by mandating an EUA vaccine instead. Specifically, the Memorandum stated that Department of Defense health care providers “should use doses distributed under the EUA to administer the vaccination series as if the doses were the licensed vaccine.” (Exh. 15 to Amended Complaint, ECF #29.)
- Part of this confusion stems from the fact that FDA has issued overlapping documents together regarding two separate, “legally distinct” vaccines, Pfizer BNT and COMIRNATY. On the same day that the FDA sent a letter purporting to license COMIRNATY, the letter attempted to link the two vaccines, one licensed (COMIRNATY) and the other unlicensed (Pfizer BNT) in an EUA status, despite the fact that they are “legally distinct” products.
- The Pfizer BNT FACT SHEET (Exh. 12 to Amended Complaint, ECF #29) also attempts to confuse recipients by stating that the two different vaccines “have the same formulation and can be used interchangeably to provide the COVID-19 vaccination series[.]”(emphasis added).
- “Interchangeable” and “interchangeability”[5] are specifically defined terms in Section 351 of the PHS Act, 42 U.S.C. §262, in relation to a “reference product,” which must be a biological product licensed under Section 351(a) of the PHSA. (42 U.S.C. § 262(a)). For the purposes of determining “interchangeability,” the “reference product” must be an FDA-licensed product – in this case, the FDA-licensed COMIRNATY shot. The “interchangeable” product, in this case the EUA shot Pfizer BNT, must be the subject of a later filed “abbreviated” application under 42 U.S.C. § 262(k), and there is no indication that any such application was ever filed by BioNTech, much less reviewed or approved by the FDA. This is likely because the effective date of a biosimilar application approval “may not be made effective by the Secretary until the date that is 12 years after the date on which the reference product was first licensed.” 42 U.S.C. §262(k)(7). Finally, and most importantly, the FDA’s own “Purple Book” listing of drugs shows that COMIRNATY has “no bioequivalent” and “no interchangeable” products.[6]
- Most important of all is that the Pfizer BNT shot is still not licensed – and by the explicit terms of the EUA statute, it cannot be mandated. A vaccine also cannot simultaneously be an EUA product for some purposes and also don the FDA license of a “legally distinct” product, such as COMIRNATY, for purposes of being made mandatory and therefore justify charging and jailing people like the Plaintiffs who do not want the government they volunteered to serve to forcibly inoculate them with experimental products.
- The FDA licensing regime is a disjunctive one. The public health emergency declaration that justifies the use of an EUA for a product “shall terminate upon the earlier of … a change in the approval status” of the EUA product. 21 U.S.C. § 360bbb-3(b)(2)(A)(ii). Thus, the approval, or licensing, of a vaccine for a given indication terminates the EUA for that vaccine. The requirements for licensing and emergency use authorization are mutually exclusive; the same product—or same vial of vaccine—cannot be concurrently subject to an EUA and licensed for the same indication or use, under these distinct regulatory regimes.[7] That is by design because the FDA’s charter – it’s very reason for being – is to protect the public against the harms that could result from inadequately tested and regulated products being distributed en masse to an unsuspecting public. An unlicensed product like Pfizer BNT, which has not even completed a single, well-controlled clinical trial, cannot also be a licensed product for the same indication – and most assuredly not for the purpose of forcing it on unwilling members of the Armed Forces.
- In fact, the Defendant FDA has an affirmative legal obligation under the EUA statute to inform people about their right to refuse an unproven, unlicensed, EUA product:
“With respect to the emergency use of an unapproved product, the Secretary, to the extent practicable given the applicable circumstances described in subsection (b)(1), shall, for a person who carries out any activity for which the authorization is issued, establish such conditions on an authorization under this section as the Secretary finds necessary or appropriate to protect the public health, including the following: ….
(ii) Appropriate conditions designed to ensure that individuals to whom the product is administered are informed—
(I) that the Secretary has authorized the emergency use of the product;
(II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and
(III) of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.”
21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(I)–(III)(emphasis added).
- This requirement is not limited in any way and on its terms applies to anyone being offered an EUA product – immigrants, prisoners, healthcare workers, members of the military, federal employees, etc. – this is the codification of the Nuremberg Code’s fundamental human right to be free of unwanted medical interventions. This principle runs throughout the entirety of the United States Code, including, as just one example, Institutional Review Board (IRB) requirements for every experiment or drug trial involving human subjects. See 21 C.F.R., Title 50, “Protection of Human Subjects.”
- Notwithstanding federal law, Department of Defense instructions, and individual service regulations, Defendant DoD has instructed the armed services to forcibly inoculate service members with the unlicensed, only Emergency Use Authorized, Pfizer-BioNTech biologic. Amended Complaint, ¶¶26 and 27 (and Exhibits). Defendant FDA has aided and abetted Defendant DOD in this plan by sowing confusion regarding two distinct products and attempting to commingle their legal statuses and make them appear bio-equivalent in complete contravention of its own regulations regarding interchangeable products, ignoring the plain language of the statutes that govern these products.
- Because of Defendant DoD’s history of disregarding regulations regarding the administration of unapproved products to members of the military, and because of the possibility that military members might face chemical or biological weapons on the battlefield, Congress passed two additional, specific statutes that require (a) military members be informed of their right to refuse an investigational or experimental product, and (b) that the only government official who can waive that right is the President of the United States, in writing. See 10 U.S.C. §1107, which covers INDs and even licensed products that are “unapproved for their applied use”; see also 10 U.S.C. §1107a, which covers EUA products.
“[A]s a general rule, persons must be made aware of their right to refuse the product (or to refuse it for their children or others without the capacity to consent) and of the potential consequences, if any, of this choice. An exception to this rule is that the president, as commander in chief, can waive military personnel’s right to refuse this product. If the right is not specifically waived by the president for a particular product given under EUA, military personnel have the same right to refuse as civilians.”[8]
- This mandate is a patently illegal order because it simultaneously violates the provisions of 10 U.S.C. §1107a by attempting to skirt the President’s non-delegable duty to the All-Volunteer Force as Commander-in-Chief.
“In the case of the administration of a product authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act to members of the armed forces, the condition described in section 564(e)(1)(A)(ii)(III) of such Act and required under paragraph (1)(A) or (2)(A) of such section 564(e), designed to ensure that individuals are informed of an option to accept or refuse administration of a product, may be waived only by the President only if the President determines, in writing, that complying with such requirement is not in the interests of national security.”
10 U.S.C. §1107a-(a)(1)(emphasis added).
[Auth Note: I’ve omitted an entire section of our argument regarding natural immunity, which is codified in a DoD All-Service publication. If anyone is curious about those arguments, let me know. I haz dem.]
Plaintiffs Will Suffer Irreparable Injury if the Injunction Is Denied
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- “[A] showing of probable irreparable harm is the single most important prerequisite for the issuance of a preliminary injunction.” Dominion Video Satellite, Inc. v. Echostar Satellite Corp., 356 F.3d 1256, 1260 (10th Cir. 2004). Accordingly, a “moving party must first demonstrate that such injury is likely before the other requirements for the issuance of an injunction will be considered.” Id. (quoting Reuters Ltd. v. United Press Int’l, Inc., 903 F.2d 904, 907 (2d Cir. 1990)). “A plaintiff suffers irreparable injury when the court would be unable to grant an effective monetary remedy after a full trial because such damages would be inadequate or difficult to ascertain.” Awad v. Ziriax, 670 F.3d 1111, 1131 (10th Cir. 2012) (quoting Dominion, 269 F.3d at 1156). In addition, the party moving for injunctive relief must show that the harm is certain as opposed to theoretical, great, and “of such imminence that there is clear and present need for equitable relief.” Schrier v. Univ. of Colo., 427 F.3d at 1267; Heideman v. S. Salt Lake City, 348 F.3d 1182, 1190 (10th Cir. 2003).
- In the absence of an injunction, Plaintiffs are facing inoculation with an unlicensed, novel COVID-19 mRNA biologic product, never before approved by any company in the United States, and authorized only for use under the terms of an Emergency Use Authorization from the FDA. It would be hard to imagine a harm more irreparable than a non-consensual injection of an unlicensed substance into one’s person. Doe, 297 F.Supp. 2d at 135. The U.S. Supreme Court has found that the Constitution itself protects a person’s right to “refus[e] unwanted medical care.” Cruzan v. Dir., Mo. Dep’t of Public Health, 497 U.S. 261, 278 (1990); see also King v. Rubenstein, 825 F.3d 206, 222 (4th Cir. 2016) (recognizing same). The Court has explained that the right to refuse medical care derives from the “well-established, traditional rights to bodily integrity and freedom from unwanted touching.” Vacco v.Quill, 521 U.S. 793, 807 (1997).
- Furthermore, members of the Plaintiffs’ class appear to be at a statistically significant risk for several conditions from the Pfizer BNT biologic, specifically when compared to the infinitesimal risk that COVID-19 poses to young, healthy members of the U.S. military.[9] Pfizer and BioNTech’s fact sheet lists the following side effects that have been reported for the Pfizer-BioNTech COVID-19 vaccine: myocarditis (inflammation of the heart muscle), pericarditis (inflammation of the lining outside the heart), and swollen lymph nodes, among others. (See 12 to Amended Complaint, ECF #29).
- Additionally, members of the Plaintiff class such as U.S. Army LTC Theresa Long, M.D., chief flight surgeon for the U.S. Army’s helicopter training center in Fort Rucker, Alabama, continue to witness and receive reports of significant and debilitating vaccine injuries among otherwise healthy young pilots, aircrew, and fellow healthy service members – in contradistinction to the number of healthy people in the military harmed by COVID – which is next to zero. Her whistleblower affidavit is attached and illustrates just how inconsistent this vaccine mandate is with the Army’s own aviation and operational risk management doctrines with regard to the risks to the pilots under her charge – and by extension, to healthy servicemembers in general.[10]
- The CDC’s own passive, pharmacovigilance site – the Vaccine Adverse Event Reporting System (“VAERS”) – supports exactly what courageous military doctors such as LTC Long are seeing with their own eyes in their daily practice – unprecedented numbers of adverse reactions among soldiers after receiving these vaccines – numbers that exceed the entirety of all other vaccines combined since the VAERS system began tracking in July 1990.[11] As of the October 8, 2021, weekly (Friday) data download by the CDC, there were 16,766 reported deaths reported in VAERS for CoVID-19 mRNA vaccines since mid-December 2020, when the first EUAs were granted for the Pfizer BNT and Moderna mRNA injectables.[12] There have been more than 795,000 Serious Adverse Events reported to VAERS for COVID-19 vaccines; the Pfizer BNT vaccine alone has averaged more than 37.71 reports of death and 1418.31 adverse events – per day – to VAERS in the 301 days since its first EUA was granted. Id. The best estimates are that “fewer than 1% of adverse events are reported.”
“Adverse events from drugs and vaccines are common, but underreported. Although 25% of ambulatory patients experience an adverse drug event, less than 0.3% of all adverse drug events and 1-13% of serious events are reported to the Food and Drug Administration (FDA). Likewise, fewer than 1% of vaccine adverse events are reported. Low reporting rates preclude or slow the identification of ‘problem’ drugs and vaccines that endanger public health. New surveillance methods for drug and vaccine adverse effects are needed.”[13]
- The CDC’s website also reveals that on August 30, 2021, its Vaccine Safety Team prepared a briefing slide deck illustrating just how unprecedented the cases of myocarditis and pericarditis have been among otherwise healthy subjects, particularly among young men: For the Pfizer BNT vaccine, men age 18-24 were expected to have a likely incident rate of 1-7 cases (per cohort number being examined); instead the CDC highlighted that there had been 134 incidents, a twenty- to one-hundred fold increase from what was expected for that particular N. This was true across almost all age groups, but particularly young men and young women.[14]
- There is no data in any documents with respect to inoculation of individuals previously infected with COVID-19 because those people were explicitly excluded from the first of the FDA-required clinical trials for the Pfizer BNT, which is currently still underway and will not be completed until 2023.[15]
- In short, there is no monetary relief available for Plaintiffs if they are forced to submit to inoculation with an unlicensed substance. By its very essence, their claim establishes irreparable harm to themselves and those similarly situated to them.
The Balance of Interests Weighs In Favor Of Enjoining Defendants’ Conduct
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- Plaintiffs and those similarly situated to them have or will suffer violations of their federally protected rights as well as irreparable injuries from Defendants’ illegal conduct. On the other hand, the Defendants’– all government agencies – risk no more than a slower rollout of their vaccine mandate than was initially announced or hoped for. The Defendant federal agencies themselves can claim no general federal police power to assume the harms of ‘their’ citizenry, as was the case for the State of Massachusetts in Jacobson v. United States, 197 U.S. 11 (1905). The Jacobson court was clear that it was judicial deference to the state’s legislative enactments and will of the citizens acting through their legislature. Indeed, this mandate not only carries no such imprimatur, but is instead an exercise of naked Executive power that runs contrary to the specific legislative enactments meant for the protection of the public. More importantly, these shots are not vaccines in any sense contemplated by the SCOTUS in the Jacobson decision.
- Given that it is now clear that (a) the shots do not stop transmission of the virus, (b) do not make the vaccinated any less contagious than the unvaccinated, and (c) were developed for a strain of the virus that is largely extinct, the government faces no concrete harm at all from a mere delay in the rollout of its program that would ensue from this Court’s issuance of an injunction.
- Plaintiffs face the prospect of having a demonstrably dangerous, unlicensed biologic administered to them without their informed consent. Once they are given the shot, there is literally no remedy that they can pursue to reverse that action.[16] Their interest in preventing Defendants from continuing to break the law could not be more manifest. Contrariwise, there is no pressing military exigency requiring mandatory vaccination for a matter of national security. There is only a public health mandate seeking to use Plaintiffs’ military status against them in order to begin the President’s desired public health mandate to fruition.
- There is no indication that the last 18 months of the pandemic moving through this country has in any way reduced rates of military effectiveness, created a significant loss of personnel or readiness, or in any way affected DoD’s ability to perform its missions.
- Indeed, medical evidence shows that the overwhelming majority of DoD service members, including the Plaintiff class i.e., a physically fit cohort under the age of 40, have little to fear from this virus.[17]
- In short, Defendants have no compelling reason to preclude injunctive relief. An injunction at this point of the litigation will, instead, confirm the value of having the government follow its own regulations and laws, as well as protect the interests of servicemembers who literally have no other avenue to follow in dealing with patently illegal orders.
[Auth Note: a lot more blah blah blah]
Accordingly, Plaintiffs have demonstrated all the requisite elements for this court to enter a preliminary injunction against Defendants.
Footnotes Turned into Endnotes
[1] Each citation to the Court’s electronic record in this Motion refers to the ECF electronic docket for this case, unless otherwise specified.
[2] Kansas, Connecticut, Colorado, Florida, Washington, Minnesota, Wisconsin – just to name a few – are no longer in a declared emergency, by the authority of their governors and/or state legislatures. How the President has the authority to exercise federal “police powers” over those states’ sovereignty, including their citizens, is also unclear under any law or doctrine.
[3] As noted in plaintiffs’ complaint, the COVID-19 shots being administered are absolutely NOT “vaccines.” A vaccine has for more than 200 years been considered to consist of isolating and using some version of the virus to be protected against – live or attenuated – and that virus being administered to a patient to stimulate an immune response. The COVID-19 shots are gene therapies that do not use a live or attenuated virus to stimulate the body’s immune system. They actually cause the body via mRNA messaging to produce a spike protein from the best approximation (using some computer simulation) of the SARS-CoV-2 alpha variant, which no longer exists.
[4] Id., Available at https://www.fda.gov/media/144414/download
[5] “Interchangeable” and “interchangeability” are defined as a “biological product” that “may be substituted for the reference product” by health care providers. 42 U.S.C. § 351(i)(3). To meet the standards in 42 U.S.C. § 262(k)(4) (“Safety standards for determining interchangeability”), the “interchangeable” or substitute biological product (i) must be biosimilar to the reference product and (ii) and “can be expected to produce the same clinical result as the reference product in any given patient.” 42 U.S.C. § 262(k)(4).
[6] “The Purple Book database contains information on all FDA-licensed (approved) biological products regulated by the Center for Drug Evaluation and Research (CDER), including licensed biosimilar and interchangeable products, and their reference products.”(emphasis added). From the FDA’s website available here: https://purplebooksearch.fda.gov/ See Exh. 17.
[7] See, e.g., Genus Med. Techs. LLC v. FDA, 994 F.3d 631 (D.C. Cir. 2020)(holding that the FDA’s determination that it could choose to regulate a product as either a drug or a device, or both, as arbitrary and capricious and exceeding its statutory authority).
[8] Nightingale SL, Prasher JM, Simonson S. Emergency Use Authorization (EUA) to Enable Use of Needed Products in Civilian and Military Emergencies, United States. Emerging Infectious Diseases. 2007;13(7):1046. doi:10.3201/eid1307.061188 available at https://wwwnc.cdc.gov/eid/article/13/7/06-1188_article
[9] See, infra, ¶50.
[10] See Exh. 18, Affidavit of LTC Theresa Long, M.D., U.S. Army
[11] Id.
[12] See, e.g., “VAERS Summary for COVID-19 Vaccines Through Oct. 8, 2021,” available at https://vaersanalysis.info/2021/10/15/vaers-summary-for-covid-19-vaccines-through-10-8-2021/
[13] Ross Lazarus, MBBS, MPH, MMed, GDCompSci, “Electronic Support for Public Health: Vaccine Adverse Event Reporting System, (ESP:VAERS),” Agency for Health and Research Quality, Dept. of Health and Human Services, Grant ID: R18 HS 017045
[14] See “Myopericarditis following COVID-19 vaccination: Updates from the Vaccine Adverse Event Reporting System (VAERS),” Aug 30, 2021, John R. Su, MD, PhD, MPH, Vaccine Safety Team, CDC, COVID-19 Vaccine Task Force. Available at https://www.cdc.gov/vaccines/acip/meetings/downloads/slides-2021-08-30/03-COVID-Su-508.pdf
[15] See “Vaccine Development – 101,” U.S. Food and Drug Administration, available at https://www.fda.gov/vaccines-blood-biologics/development-approval-process-cber/vaccine-development-101; See, also “Study to Describe the Safety, Tolerability, Immunogenicity, and Efficacy of RNA Vaccine Candidates Against COVID-19 in Healthy Individuals,” NCT04368728, NIH. Available at https://clinicaltrials.gov/ct2/show/NCT04368728
[16] See Dr. Long’s Affidavit, supra.
[17] https://www.statista.com/statistics/1191568/reported-deaths-from-covid-by-age-us/ Last accessed Sep. 21, 2021
I have a call with a bigshot FDA lawyer from a major national firm today on exactly this topic. For us, the issue is “do we still need to get the EUA consent before giving vaccines or boosters.” We do Pfizer and Moderna, and I don’t have a clue where Moderna fits in all this.
I’m playing the dumb country lawyer on the call. “Golly gee, I just know what I read in the paper, and can’t figure it out.” Having this in front of me will make the call much more interesting.
Would you like the whole thing via email, RC? The rest of it might be relevant to your considerations. I also just got my grubby little hands on the Affidavit of the (FDA’s) head of CBER. He addresses my argument in it if you want to play judge & weigh the merits of our respective arguments. To be clear, he’s responding in a different case, but he addresses the argument about “interchangeability” that I make above (at ¶32).
Sure. I think you have my email.
Do you mind sending it to me as well? I’m updating the exemption in the forum and would like to bolster the EUA/Licensed bait and switch section.
I’ll dig up both your emails and send off what I have.
addresses argument about interchangeability
Do you have a non-lawyer (defense or otherwise!) short version of what the justification is? I just don’t see anyway that can be addresses away in a legal sense. Maybe in a medical sense, but that’s not the field we’re operating in here. Don’t trouble too much of course – if there’s a one or two liner outline of what their saying, that would be interesting.
If its interchangable, why does the Purple Book say otherwise?
Right; Everything seems to point to they’ve made it so it’s clearly NOT interchangeable. So I’m very curious about the argument that, no, in fact for this purpose, it is interchangeable.
The real reason/answer is up above (and in the PHSA – 42 USC 262(k)) – you first have to establish a “reference product” and then… you only have to wait 12 years before another biologic can be approved as “interchangeable.” The statute intentionally ties the FDA Commissioner’s hands, as a matter of legal draftsmanship. The FDA statutes around biologics were all designed to be slow on purpose. Because biologic products inserted into the mass of the population produce a number of discordant effects. That “signal” can only be teased out over time, particularly with a passive monitoring system of adverse events. The FDA knows this, just like they know about the vaccine injury compensation programs, and all of the rest of it. That’s why this whole thing is so fucking scammy – because those of us who have been looking in the FDA’s shorts for decades know that these fuckers are intentionally blowing off their own prior decisions and rules that used to apply to other biologics and companies.
I’m not trying to be dismissive of Mr. Marks’ affidavit or qualifications as head of CBER, but “FYTW” is my first succinct read of his explanation. Basically, the FDA used the words “interchangeable” and then when pressed on the actual text of 42 USC 262 (which pretty clearly says they aren’t interchangeable), Marks’ affidavit basically says “yes, but we weren’t using the word ‘interchangeable’ to have that meaning under the PHSA.” He then recites all of this science-y stuff that FDA has done to ensure it’s “all good, nothing to see here.”
IMO, it’s laughable, hot garbage.
Thanks. Sounds very FYTW. We want to do this and we’re going to do it and still maintain deniability if it comes back to bite us in the ass.
None of your staff are J&J’d? Wouldn’t you have to formulate a plan for those individuals as well?
We never gave it, so it doesn’t matter as far as what consent we need to get.
Got it.
Just to be clear you have no intention on doing so in the future either?
Not that I’ve heard.
Well as I like to say, “no need to borrow trouble”.
Give ’em hell counselor.
You are doing some serious heavy lifting, Ozy.
I’m still struggling with one question: what’s the end game?
It actually would be less horrifying if it is simply a graft-fest.
Over the weekend I wrote a rough article theorizing that this whole thing is explained by graft. It’s not very detailed and there isn’t much research. Do you think it’s worth posting just to see what kind of discussion we get?
Why not? I think it would be worthwhile to kick around ideas.
For instance, I listened to Chris Materjohn on with Robb Wolf the other day. He discussed the old ‘never ascribe to malice what can be explained by incompetence’ but he contends that there is no other way to view the rollout and ‘testing’ as anything other than malice. For that matter, I still wonder about the virus itself. A virus that kills the obese and metabolically ill sure would be helpful for a country about to be overwhelmed by obesity-related healthcare costs, wouldn’t it?
Would love to read it. Here is someone elses theory.
https://www.aier.org/article/vaccine-authoritarianism-explained/
I don’t think it’s a single point. It’s multiple agendas at work.
The graft is just the lube.
This. I’ll believe in the “cabal” theories when I see it. My (admittedly limited) experience with people in these circles is that the cocktail party circuit is a real thing, and ideas and worldviews spread much the same way buzzwords spread at sales conventions. Sure there are groups who spend all day long thinking of ways to get their authoritarian hobby horses implemented, but they’re dealing with a marketplace of elitist worldviews so big that they can’t singlehandedly impose some idea on everybody.
Now we’re firmly in the realm of “informed speculation” (I’ll call it).
There is a HUGE element of graft, yes. No question in my mind that the FDA is – for all intents and purposes – a subsidiary of the large pharma companies. (Pfizer is the 33rd largest company on Earth.)
There is a HUGE element of “institutional ego” – the DoD frankly thinks it can do whatever the fuck it wants with members of the military. It’s become more like a cult than anything else. At the highest levels, they’ve simply lost the bubble with regard to protecting the Constitution. They don’t give a fuck about that old rag and they barely pretend to care about it at all. Indeed, add in the graft of the MIC because shots and boosters forever means DoD budgets forever.
But having said all of that, which would seem to provide adequate justification, let me say that I don’t think that covers the entirety of what’s happening. I’ve never seen anything like this in 30+ years of kicking around the DoD in various capacities. There’s something weird going on with the mRNA shots. It is bizarre. It’s… I’ll just leave it there.
But having said all of that, which would seem to provide adequate justification, let me say that I don’t think that covers the entirety of what’s happening. I’ve never seen anything like this in 30+ years of kicking around the DoD in various capacities. There’s something weird going on with the mRNA shots. It is bizarre. It’s… I’ll just leave it there.
Notwithstanding what I just commented above, I feel it too. Something different happened here. There’s a reason why my company was soliciting AI experts to engage in a project with a non-profit to “modify behavior regarding vaccines using social media” over a year ago. There’s a reason why big tech simultaneously clamped down at the same time. There’s a reason why the government response is portrayed as being ad hoc and reactionary even though they laid most of it out 15 years ago.
I lean on my faith when trying to comprehend this stuff. I don’t believe a mere mortal can herd so many cats so effectively. “Spiritual warfare” is where my mind goes.
There’s something weird going on with the mRNA shots. It is bizarre.
Concur. Its an invitation to “conspiracy theories”, because the usual institutional self-interest, groupthink, etc. don’t seem to cover what sure looks unprecedented.
I expect the CDC to change their definition of “fully vaccinated” to mean “current on boosters”. If/when they do, my days as an employee of this hospital are probably over.
Example: why are they putting biomarkers like luciferase in the vaccines? I can’t imagine they increase vaccine effectiveness, so what’s their purpose? Are there any other vaccines that are manufactured with luciferase or other biomarkers?
Remember: 2020 was the year when “conspiracy theories” became “spoiler alerts”.
Just googled this. According to a WebMD article, the vaccines don’t contain luciferase. It was used in animal testing, but is not in the human vaccine.
Well, WebMD. What’s their source?
Its listed as an ingredient in their patent for it. Why would they do that if they weren’t going to use it in the actual product? There may well be a reason for it, but I’d like to hear it. I’m certainly no patent lawyer, but it seems to me that including unnecessary ingredients in your patent weakens the patent – now someone can make it without the luciferase and claim its not the same as the patented medication.
Ah ha!
Note to self.
Obtain patent for vaccine without Luciferese
Get rich!!!
I forgot what I was going to post cause of your avatar.
Now THAT is an avatar.
In the patent I just found, it was listed merely in the descriptions of the studies they had already done. I didn’t see it listed in the claims or in any description of the patented injection itself.
Granted, I skimmed and I haven’t taken a chemistry class since I was 16, so I may have missed something.
Thanks, trshy. That’s probably it.
I think one could see the usefulness, at least during testing, as a way of tracing where the biologic is showing up in the body. In an operating vaccine? Who knows. Since it really is still a massive test, maybe they want to know where it goes when ovaries start ass-ploding.
They knew all along this shot did not stay in the deltoid and entered the circulatory system.
Both words are derived from the Latin word lucifer, meaning “lightbearer”, which in turn is derived from the Latin words for “light” (lux) and “to bring or carry” (ferre).[2]
Well that makes me feel better. Otherwise it would sound kind of evil or something.
My work spelled out in the FAQ they rolled out that they expected annual (or more frequent) booster requirements as part of the vaccine mandate.
I haven’t heard anything from work about vaccines yet. They seem to be wisely standing back to see what happens. But I did talk this over with Mrs. TOK, and I told her if I’m required to get boosters for any reason, I’m out. Whether that’s for hockey or for work. She’s behind me 100% no matter what consequences there might be.
I think there are a lot of us like this. If you start requiring a new shot two or three times a year, that’s not going to go over very well.
If you start requiring a new shot two or three times a year, that’s not going to go over very well.
Or if important people like Governors start keeling over. We can tolerate “severe adverse events” among the rabble.
I keep asking myself WHY do TPTB. insist on injecting this shot with known dangers of very serious adverse events most specific to young men into the armed forces of this country which is mostly comprised of young men ?
Graft alone cannot produce a satisfactory answer in my mind.
China wants us broken and weakened.
China owns Gropey and a large swath of DC.
For the military, I think this is a handy excuse for a purge of deplorables and irredeemables. The Pentagon is solely focussed on palace intrigue, and cares not a whit about actual warfighting, as they believe that we have unquestioned superiority (in spite of not actually winning a war in decades).
Silver lining – if they do succeed in crippling the armed forces, maybe that will put a damper on interventionism abroad after we get beat up a time or two.
Perhaps the shot will kill off the willing recepients and the woke.
It has become known that the Vax doesn’t prevent infection or transmission.
It is also know that the Vax negatively affects one’s immune system response to other diseases.
Multiple countries have had miraculous results with ivermectine. India and Japan the 2 largest. This is ignored in the US so the EUA can remain in effect.
Congress critters, staff, thousands of executive employees, thousands of Pfizer and Moderna employees are all exempt. As of a month ago the CEO of Pfizer had not taken the shot. He said he is a healthy 53 year old and didn’t fit the profile. This only came out when he was denied entry to Israel.
Yet the Vax is being forced on the rest of us and yesterday one of Biden’s appointees said he saw no reason why the mandate won’t soon apply to small business.
The fuck is happening here.?????
Just found out from the girlfriend that an acquaintance woke up in the hospital after getting his second ‘vid shot. He had a heart attack.
So… that’s more people that I know of who have been put into the hospital from the shot, then went into the hospital for the ‘vid. Why wouldn’t I want to rush out and get this shot?
Sorry.
DEG:
They’re out now, and have stated that they’re not planning on getting any boosters.
They’re out now, and have stated that they’re not planning on getting any boosters.
Good on both.
https://kunstler.com/clusterfuck-nation/medicine-wants-to-kill-you/
Here is what I think is an excellent summation of the shot.
Graft on a titanic scale is the optimistic motivation.
The fact that it’s being pushed hard by people who:
a. Have openly stated that there needs to be far fewer people in this world,
b. Want the people who are around to be good obedient peasants,
c. Are effectively suppressing any effective treatment and news of the side-effects of the vaccines,
all makes me really suspicious and nervous.
Just wanted to say thanks for all the hard work, Ozy.
I don’t know what I’d do without this place.
Thanks Ozy. Very nice. Give them hell.
Doing the Lords work Ozy. (haven’t seen any recent updates on your other blog though – thought these were being cross-posted after the fact). Guess I’ll have to link to this page instead.
As far as the Navy stuff this morning. We only have 1 carrier forward deployed in Japan. That carrier and the ships in Japan spend generally 200+ days underway every year doing operations. Routine operations in international waters for the protection of global shipping and trade is an expressly constitutional duty for the Navy. It is a far better means of partnership and training with international allies than many of the alternatives.
And if you folks believe that commercially released imagery of the Chinese desert is revealing something brand new that nobody has ever seen before……
Japan? Pearl Harbor? yes, yes they did….
OT:
Energy is everything.
I’m not sure if they can pull off 150 reactors or not, but god damn do we need to get busy on nuclear.
One shudders to imagine the collision of ChiCom quality control and dozens of nuclear reactors.
Yup.
Not that the Party cares one whit about “collateral damage”.
OFFS that is not why they are doing this.
No, but still more serious about reducing carbon emissions than the people who claim to be serious about it.
I don’t know if it’s enough to counteract the hundreds of coal plants they also have on the drawing board.
Nuclear energy is the point of compromise with the climate change alarmists. The fact that they won’t budge on nuclear proves that they don’t really believe their own dire predictions.
^^^ This. I know people concerned with climate change that do support nuclear, but they are by far the minority, and they don’t understand why.
Go long on uranium.
Thanks for doing this Ozy. I missed the first deadline for being vaxed and in conversations with my boss have told him I will likely quit the day before being fired. He is very understanding and has promised to keep me informed with any information he gets about the discipline process. This whole thing has been very agonizing for me, but I know others are in worse shape and I really feel for them. Hopefully the exemptions will be granted.
Don’t be a stranger as the process unfolds. We have a support thread in the forum if you need anything (or just to talk).
Thumbs up on the new avatar and handle link, BTW.
Top notch reporting from the Bee!
Thanks Trashy. When the forums first came out I had trouble logging into them. I will give it another shot. Poor choice of words. Try. I will give it another try.
Why quit? Being fired gets you a better position for any post mortem legal action (which could include class actions that don’t require you to do much of anything)? If by “quit”, you mean “leave with a negotiated severance package”, I get that. Mine is pre-negotiatied (mostly) – if it comes to that, I do have a couple of amendments I will want to leave quietly.
There are situations where’s it’s good to be able to honestly answer
that you’ve never been fired from a job.
That was my struggle with what would be my end-game exit, but in the end, like I said below, I want them to fire a good employee while still maintaining questionable employees only on the basis of my medical status that has nothing to do with my ability to perform my duties.
I lost the ability to say that 30 years ago.
I wouldn’t worry about my boss in this situation. I can say that, because I believe the odds are decent my boss (who I like and generally respect) will be “forced” to fire me, and any distress this causes her is of zero concern to me. Bosses are big boys and girls. If they don’t want to be responsible for gutting their departments, then they can resign themselves.
I guess I never thought of it that way. But I’m a federal employee and I would hate to do that to the taxpayers. Plus my boss and I have had a great relationship for the last 15 years so part of me would hate to do that to him. I guess I feel I would be burning less bridges if I quit. Something to think about I guess.
I’m with RC on this. I have advised everyone I talk to: Make them put their names to it. Make the collaborators take the moral responsibility for ‘just following orders.’
I want there to be a reckoning when this is done. I want the collaborators’ names attached to their cowardice forever.
A glint of Jeffords peeks out.
I must confess, JI, it is not hard for me to channel that urge inside of myself when I need to.
It is much, much more difficult to suppress Cal Jefferts than it is to let him have his way.
Plus my boss and I have had a great relationship for the last 15 years so part of me would hate to do that to him.
I’m already rehearsing those conversations in my head. My boss recruited me, he has helped guide my career, and he’s one of the best managers I’ve had. I’d hate to leave him hanging. On the other hand, my mind has been made since February, it’s not me who is forcing the issue.
Is there a reason to quit rather than be fired? If things circle back to me and I’m facing the ax again, my plan is to force them to take action.
Best wishes.
Seems we are in the same boat going the same route except I will make them fire me. I want them to be on record of firing an employee with zero discipline issues and an outstanding performer, even under FedGov standards.
Good point. And like Trashy said they are the one pushing the issue. We’ll see how far they get with the discipline process. Maybe they’ll say I’ve had enough after a 2 week unpaid leave punishment.
Remember, its guidance and correction not punishment.
OBEY!
I was told a “period of education and counseling”. Please, send some functionary who doesn’t know a protein from an amino acid to educate me. Come fucking counsel me. I dare you.
You are doing some serious heavy lifting, Ozy.
I’m still struggling with one question: what’s the end game?
It actually would be less horrifying if it is simply a graft-fest.
Agreed!
I struggle with the notion of complex, grandiose conspiracies. Too many moving parts.
BUT- in the Marketplace of Bad Ideas, there is flow and coalescence. A rousing chorus of “What’s in it for me?” sung by thousands of individuals begins to sound like an orchestral arrangement.
Sometimes a flock of buzzards is just a flock of buzzards.
I’ve seen the military leadership be systemically corrupted. Good young men and women who advance to the mid-level officer ranks see that corrupt behavior is what the system demands for promotion. They then have the hard choice about how much further do they go.
While I have a moment, I’d like to highlight what I consider to be the most damning aspect to all of this. (This also helps explain part of my hinky feeling that something more is amiss.)
The entire mandate around these (non)”vaccines” is predicated upon this HUGE bureaucratic do-si-do:
1 – The FDA licenses a previously unheard of shot (COMIRNATY) that is co-manufactured with a German company Pfizer acquired (BioNTech);
2 – COMIRNATY, however, is “not available in sufficient quantity in the US” (paraphrasing the FDA letters)… therefore –
3 – BioNTech (BNT162b2) is STILL subject to an EUA (and still in the midst of a disastrous Phase 3 trial), BUT “close enough” and FDA says it’s “interchangeable.”
None of the above is “accidental.” The FDA has thousands of bureaucrats. They specifically chose their words, using “interchangeable” and NO ONE ever checked to see whether biologics can be “swapped” like that. That absolutely CANNOT. Yet the FDA is just flagrantly saying, ‘Fuck the FDCA. We say BNT is fine – now it’s mandatory.’
And then there’s all of the DoJ opinions supporting forced inoculation, employer mandates, etc.
Maybe the easiest answer is simply that the government has reached a point where a big chunk of its drones have an inverted view of the government-citizen relationship. A whole slew of people in this country think that the source of our rights is the government, rather than governments merely being “instituted among men” and “deriving” their legitimacy from the “consent” of the governed. I mean this seriously, once that’s gone the wrong direction, there is no evil that can’t be justified by “we know better than you what’s good for you.”
Probably close to the mark on that regardless of the true motives surrounding this mess.
At any rate, thanks for standing up, the world needs people like you now as much any time in my life.
People on the left, as in government, media, and big tech, actively detest a big part of this country and they have no problem showing that in public.
I think it is safe to throw in the right (maybe not as many, but they aren’t innocent in this manner) also.
Maybe the easiest answer is simply that the government has reached a point where a big chunk of its drones have an inverted view of the government-citizen relationship.
Apropos Heinlein quote.
Lasch refers to it as the therapeutic model of the state. You also see it with the whole set up of being a consumer of govt services vice citizen.
The whole COMIRNATY thing is such an obvious scam. Pfizer will never, ever, make it available to the U.S. market unless they are shielded from liability.
Which is it is. The protection under the countermeasures program is not tied to EUA status and covers fully approved drugs.
why are they putting biomarkers like luciferase in the vaccines?
LUCIFERASE? Seriously?
Was “Satan-ade” taken?
My wife (in her office upstairs) had to ask what I was laughing about.
Well done, Brooksy.
And yes, that really is the name. I mean…SMFH.
Bio-luminescent enzyme. Naming has the same origin as Lucifer! “Light bringer”. Heh.
I think it was discovered (and named) well over 100 years ago and is commonly used as a tracer in biotech. Can see why they’d want to hide the fact that it’s being used the vaccine even *IF* their motives were pure as the driven snow!
Not a recent discovery.
Just say no to Luciferase. If you want to get lit (up) drink Everclear.
And then the judge stamped “Property of the U S Government” on the plaintiffs foreheads, and dismissed their suit.
The End.
Maybe the easiest answer is simply that the government has reached a point where a big chunk of its drones have an inverted view of the government-citizen relationship. A whole slew of people in this country think that the source of our rights is the government, rather than governments merely being “instituted among men” and “deriving” their legitimacy from the “consent” of the governed. I mean this seriously, once that’s gone the wrong direction, there is no evil that can’t be justified by “we know better than you what’s good for you.”
Supporting evidence for this:
Multiple “news reports” prominently featuring the preposterous claim that Job Numero Uno of the federal government is to ensure the safety of the people above all else. Death and sickness will not be tolerated.
Like most of you, I can feel the bad vibes surrounding this so called “vaccine”. The whole set up reeks of corruption and malfeasance from top to bottom and none of the “conspiracy theories” seem too far fetched given what we’ve witnessed the past several decades.
The best option, like others have mentioned, is straight up graft, but there seem to be so many other angles to consider. Seeing how far they can push obvious nonsense being a big one for me, of course, I think this point is obvious to any rational thinking person (supply chains keep rational thinkers in short supply though), but more insidious motives are present. Population control for one. Cull the herd, but then again, we can point to this just being a cog in the globalist plan to keep us obedient and poor.
It’s just sad how many people are blind to the evil nature of all this hysteria. Speaking of hysteria, it may very well be that the hysteria surrounding this not so deadly virus is the distraction, and if that’s the case, what’s going on of camera may well be horrifying.
I have so little hope for my kids’ future in this world. I apologized to them the other day, it wasn’t this bad when we brought you into this mess, kids.
I have so little hope for my kids’ future in this world. I apologized to them the other day, it wasn’t this bad when we brought you into this mess, kids.
Ive found myself moving in the opposite direction, which is contrary to my personality. Now I would rather my kids have a hard but meaningful life standing up against blatant evil than an easy but vapid life worrying about what’s on Netflix next month. I don’t know that I wouldve said the same thing a year ago.
That’s a good way to look at it. I’ve certainly done the groundwork for them, instilling pro freedom ideas from their earliest days.
Thanks.
What’s going on off camera is the wholesale looting of the system before it collapses.
I think that part is on camera now too. My fear is something even worse.
Look, do you want to BUILD BACK BETTER or not?!
Nah, not really.
Let it crash, while I’m still young and healthy enough to handle it…
I’d love to build back better, if only someone would make a proposal for actually doing so.
LIBERTOPIA!
Only if better means shooting 90% of government workers into space on a one-way trip.
It depends on whose definition of “Better” we are using.
I got the J&J back when it was promised as getting us back to normal.
You don’t get to lie to me a second time. Even TRYING to lie to me a second time is looked upon with severe disapproval. Escalating that isn’t going to go where you hoped it would.
Exactly where I was and am now.
I have 3 techs that said one and done and no more. So I would assume they will hold to that if the gov says “oh…we also want you to take these boosters…and while we are at it, to protect our workforce even further, you must also show proof that you are on PrEP to reduce bloodborne transmission of HIV/AIDS”
I would assume they will hold to that
Not to impugn your employees, but I’d guess that less than 5% of the people saying that have the guts to follow through. We’re seeing it with the first shot, and while many got the shot before concerns became widespread, there is a massive group who were coerced into shot 1 by threatening their paychecks. How won’t that work time after time after time? Unless everybody is hopping on the Dave Ramsey plan to get their shit in order, they aren’t going to be in a better position to weather this 3 months from now than they were 3 months ago.
Oh I agree…cause how they are talking today, it changes when once again threatened with losing livlihood.
It’s just sad how many people are blind to the evil nature of all this hysteria. Speaking of hysteria, it may very well be that the hysteria surrounding this not so deadly virus is the distraction, and if that’s the case, what’s going on of camera may well be horrifying.
I have so little hope for my kids’ future in this world. I apologized to them the other day, it wasn’t this bad when we brought you into this mess, kids.
Land of the Free, they said.
Home of the Brave, they said.
Lee Greenwood might write a song about his North American experiences
I went to a minor league ball game in Sep. and when the anthem singer got to that part I asked the wife “Are we, sure doesn’t seem that way.”
A tear ran down my face, Ron, I’m glad I’m old.
So you’re outing yourself as Iron Eyes Cody.
“…they said.” as they steal your wallet and prick you with a poisoned needle.
Thanks, OZY. Appreciate all your efforts.
It’s an odd hobby, Mister Fourscore, but…. it keeps me off of the street corners at night!
If COMIRNATY is the only authorized vaccine in the US, how was the FedGov or DoD able to tell its members that any shot is mandated? Wouldn’t they have said it must be that one? I know that is the point of all that, it just seems curious that it has gotten this far.
An FDA approve vaccine is available (no in the US, but who cares). Thus you are required to get this approved vaccine. You may choose (at your own risk) to substitute one of the other available vaccines in its place (we’ll allow that — we have big hearts).
Our leadership had that question actually asked of them on a line-of-business all-hands and the Chief Counsel’s face was seen as “please move past that question” to our COO
Really? They just ignored it?
I think the answer was “I am not sure what that means” Total dismissal.
We’re not done fucking with you yet!
Currently, some convicted drunken drivers must use breathalyzer devices attached to an ignition interlock, blowing into a tube and disabling the vehicle if their blood alcohol level is too high. The legislation doesn’t specify the technology, only that it must “passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired.”
This is even worse than a breathalzer to start the car. Real-time passive monitoring is a cluster-fuck of failure conditions that will strand people in the middle of interstates with traffic whizzing by at high speeds. The system will kill as many people as it is purported to save.
Sam Abuelsamid, principal mobility analyst for Guidehouse Insights, said the most likely system to prevent drunken driving is infrared cameras that monitor driver behavior. That technology is already being installed by automakers such as General Motors, BMW and Nissan to track driver attentiveness while using partially automated driver-assist systems.
The cameras make sure a driver is watching the road, and they look for signs of drowsiness, loss of consciousness or impairment.
If signs are spotted, the cars will warn the driver, and if the behavior persists, the car would turn on its hazard lights, slow down and pull to the side of the road.
It will never fucking work.
Vision Zero, kinnath. You’ll all ride bikes or walk and like it.
I’m picturing empty highways with every car on the shoulder.
Which, come to think of it, is probably what these fuckwits envision too.
No one’s going to be able to afford the gas anyway.
*shrug*
Nothing that throwing a few billion tax dollars at it can’t solve.
I don’t know any mechanics or electrical engineers, but I think we should be recruiting some to Glibs ASAP. My next car is a ways away, but I can solemnly swear right now, that I will never be monitored by my car. And I don’t care how severe a penalty Uncle Sugar writes into the surveillance law, all of this garbage will be disabled on my car, day one.
Rush – Red Barchetta
Shit like this has me motivated to learn automotive repair and keep my pre-Orwellian car running.
This is their backdoor towards controlling and monitoring your movement.
If it’s anything like the emergency braking and driver attentiveness systems on our new car, it’s gonna be a shitshow.
Car:”Put your hands back on the steering wheel!”
Me: “Fuck off, my hand IS on the steering wheel!”
Car:”Brake! Brake! Brake!”
Me: “Fuck off, the slowing car is in the turn lane next to us!”
In the 2021 Mustang I bought, you turn just about everything off. You can never turn off the forward collision assist, but you can put it in a mode where it only warns you of an upcoming collision and reduce the sensitivity so that in normal driving you don’t get the warning. Unfortunately, some of the settings come back on every time you start the car.
I think this will be my last new car.
Stellaris or whatever the hell it’s called keeps sending wireless updates to our 2021 Pacifica. I’m not convinced that they won’t send some post-hoc drunk driving software patch that completely cripples the car.
Next car is going to have minimal electrical. Even if I have to buy an old one and rebuild it. 90% of the maintenance load on these newer cars is due to electrical issues.
Find a state that doesn’t require emissions testing.
Rightly or wrongly many new vehicles with a bunch of failed modules on the CAN bus won’t set all the emissions monitors required to pass emissions testing.
Here’s something I ran into with my Genesis when I took it in for inspection: Since I’m working from home and not driving as much, I haven’t driven it enough for whatever modules are checked as part of the NH emissions test part of inspection to reset. The shop told me to take it out for a nice long drive and bring the car back. After that drive, the modules had reset and the car passed the inspection.
Very common. Most cheap OBD2 tools will now tell you the status of those monitors. Most states will allow some to be unset, but not failed. Once you pull power they will all need to be tested again.
I always plug one in before going to inspection because otherwise you just wasted a trip.
In Texas anything 25 yrs and older is emissions exempted.
In NH, the rule is if the car:
a) was made after either 1997 for diesel powered vehicles or 1996 for other vehicles
and
b) is less than 20 years old
Then the car has to pass a check through plugging into OBD II.
Otherwise, the emissions check is a visual inspection of the exhaust and emissions equipment to make sure everything is properly connected.
No statewide testing here. Only in the Portland metro area. Used to have it in the southern part of the state but not anymore. None of that vehicle safety inspections either.
A happy day when I scraped the MA safety/smog stickers off our cars with their new MT plates.
Ozy, this is spectacular work. Thank you so much.
If you show up on a Glibzoom, I will buy you a drink.
Cheers! I’ll look forward to it.
Rekieta’s stream looks like a Glibzoom, only sober
(presumably)
Rekieta started the stream with a full bottle of Rittenhouse Rye; he may finish it before the day is through.
What are the rules of his drinking game?
This week in Schadenfreude:
Previous company stock price closed at $43 (all numbers rounded) on my last day of work, my stock options had a strike price of $50. So they expired worthless. Three weeks later stock hit $53. It wouldn’t have been worth much, but still annoying.
A month ago the stock “bottomed” out at $23. Last week it was back to $30 before earnings announcement. It then plummeted to $14.
I don’t think I should be enjoying it that much.
I occasionally look in on Iridium stock for schadenfreude purposes. I have been disappointed thus far. I thought Elon would eat their lunch a bit more.
I thought all of their satellites had reentered? Are they still in business?
https://www.iridium.com/
Things went south for Iridium. FedGov took and controlling interest. Next satellites were put into space. I don’t recall of FedGov still owns part of them or whether they have been put completely back into the public domain yet.
Yes, they are still there.
I’m under the impression that NGOs and the like use their sat phones – not sure if there are alternatives available.
They were big in the shipping space when I worked there. They really didn’t care that much about consumer products (even though I constantly hammered that the most popular search terms on the web site and Google had to do with their Go! product)
They had a MAJOR DoD contract as well.
Didn’t the service that tracked MH370 use their satellite?
Like Vegas, MH370 never happened.
Noooooooo! That was the “evil” Inmarsat!
Iridium had a spinoff company called Aireon (which was sold off to Nav Canada), but it wasn’t up-and-running at the time of MH370. I really wanted to work for Aireon, which was still loosely connected to Iridium at the time I worked at Iridium.
https://aireon.com/
They had a MAJOR DoD contract as well.
Hahaha, MUOS was built on the bones of Iridium.
In the civilian side of the Navy we use them.
They launched a whole new constellation starting in 2016/2017, when I worked there. They used SpaceX for launch.
Jan 14, 2017 was their first Next satellite launch. It was Space X’s “return to flight” after they exploded Zuckerberg’s hardware during a static test fire.
I’ve got a Garmin InReach. An outdoor GPS with Iridium. I can send/receive a text or email to anywhere in the world to/from where ever I am. It also send periodic position reports automatically. I got it ‘cause I mountain bike alone in places where there is no cell coverage and it could be days before anyone comes along.
If signs are spotted, the cars will warn the driver, and if the behavior persists, the car would turn on its hazard lights, slow down and pull to the side of the road.
As I have been saying for years, the technology currently exists to monitor, via gps and downloaded mapping, real time speeding violations.
The car can just shut itself off and call 911 for an officer and a tow truck to haul you in.
Or just shoot a spike out of the steering column into your heart.
To monitor, yes. To convict (and penalize) you still need at least the option of a court appearance. For now.
Takata has that covered!
Bravo/Brava! (as appropriate to however you self identify)
Thing that still pisses me off is that VW with Dieselgate statistically lowered X many “person lives” and I believe have 3 or more execs in jail.
Takata actually knew their product was killing real people and hid it. As far as I know nobody behind bars.
This reinforces my decision to keep the 2001, 2005 and 2008 cars running as long as possible.
^^^
Same here.
Mrs. Dean has her 200,000 mile badge ready to go in a few months (2008 FJ Cruiser), and I will be putting my 100,000 mile badge on this weekend (2014 FJ Cruiser). Blessedly electronics free, both of them.
I gotta run out and do some errands, Gang.
RC, trashy – check your emails. Full PI Motion, attachments, and Marks’ affidavit (sans exhibits) should be there.
Cheers, Glibbies! I’ll pop back in on the hilarity later.
Heh.
This is for Hayek from last nights thread.
I indicated that I just learned the right way to tie my boots to avoid heal slippage and blisters. I used to just tie them crisscross and not at the top. This works in some cases, but all of my shoes and sneakers slip in the heel. This would work on sneakers, but it really helps to prevent blisters in boots with hooks on top instead of eyes.
https://hikinglady.com/hiking/how-to-lace-hiking-boots-to-prevent-heel-blisters/
Thanks, man!
No problem.
I wear boots Fall through early Spring and then while in the woods during summer. It’s about time I figured out how to lace them for my foot.
That’s a good one.
My left heel slips in every pair of shoes/boots I own. I use this technique for low tops.
https://nj1015.com/truck-driving-nj-senator-trades-punches-with-murphy/
This guy is gonna be fun.
Have they thrown out the freshly “discovered” ballots for Murphy yet? Because last I heard, he hadn’t given up.
I wish him the best. Meanwhile Sweeney still hasn’t conceded.
https://www.nj.com/politics/2021/11/nj-senate-president-sweeney-says-hes-still-waiting-for-votes-to-be-counted-in-stunning-loss.html
If the RNC isn’t sending armies of lawyers to contest those late votes, then they aren’t serious at all about getting rid of voter fraud.
You mean the NJ Republican Party that has its last press release as of 8/2021?
https://www.njgop.org/news/
I’m sure they will get right on that.
The New Jersey GOP are as useless of the Illinois GOP. They enjoy being the Loyal Opposition because they can get the perks of political office but none of the responsibility or accountability.
Narrator: They aren’t.
I am not sure the RNC wants another outsider not under their thumb…I bet they want him gone already.
OMB needs to follow Senator Durr, just so he can learn what a proper Twitter bitch-slap looks like…
And the new, undisputed champion of mean-tweeting is…
A possible silver lining:
I’m assuming Gaige Grosskreutz got an immunity deal to testify in the Rittenhouse trial. He would have had to, it seems to me. My understanding is, immunity deals are contingent – if you make the “proferred” testimony, you get immunity.
I can’t believe his disastrous (For the prosecution) testimony is what he proferred. If not, then I would think the deal is off and he can be prosecuted.
Will they? I kinda doubt it, but they might.
If that were to happen this soon after the Youngkin win, my schadenboner would cause permanent vascular damage.
permanent vascular damage
Aw crap, you got the shot?!?
No, no, no. Not damage to me, damage to other people…
Ewwww
Hey, don’t knock it ’til you’ve tried it (and don’t try it ’til you’ve knocked it)!
I truly believe they figured out early on that Rittenhouse would be legally exonerated, so now they’re just preparing to portray it as a gross miscarriage of justice and “proof” of systematic racism.
These people don’t want peace and good race relations. They want division, rioting, and gun grabbing.
Racism, where the shooter and dead/wounded are all of the same race? I don’t doubt you are right that they will try that – but seriously W in T absolute F? Just babble in tongues at me, roll around the floor with holy fervor, I ain’t converting.
They’re definitely trying that. I was perusing a few of the Twitters today and at some point there were screen shots of how many times the word “white” was used in news articles about the trial. All instances of “white” were used in “white supremacist”, and none were used to describe the people shot.
My response: THERE ARE FOUR LIGHTS.
This old lady testifying is America’s Grandma. There better be a meme of her face on Rambo’s body
Ah and Rekieta stream is now trending #GRAMBO…I was so close at being a trendsetter….sooooooo close.
Point to consider for those of you weighing the “quit vs get fired” option over the COVID vaxx mandate: if you quit, you’re not eligible to collect unemployment benefits while you look for a new job. If you are fired or laid off, you are eligible.
Yes, you’ll have to answer The question “have you ever been involuntarily separated from a job?” With “yes” from now on, but you have a clear and simple reason why.
Some states are moving to deny unemployment to the clot-shot deniers last I heard
Figures.
Since we live under the authority of a thousand faceless bureaucrats instead of the rule of law, I suppose we can expect petty little whims like this.
Which is wew boy, punitive and not even hiding it.
This. I don’t know if it was state or federal I heard, because I don’t know who administers it.
Wasn’t it on this site, where someone was saying their employer was threatening to classify them as “voluntary leave”, without giving them a choice in the matter? My noodle is still twisted, trying to imagine the diseased brain that thinks that’s a thing….
My old company said we’d be put on “unpaid leave” if we didn’t upload proof of vaccination by a certain date.
My current employer doesn’t care and thinks it is illegal to ask employees if they are vaccinated. Yes, I know it is legal, but I took this as a good sign when it came up during the interview.
The DOT/FAA had to exempt itself from agency policy about asking what medication people are on and/or taking just for this mandate. The only time they are allowed to know what medication, procedure, etc is when an employee has asked for a reasonable accommodation. Talk about turning that upside down.
Would love to see how legal found the ability to do that.
I keep looking, but I have yet to find a copy of the Constitution that says FYTW.
You have to apply heat to it to see that message.
if you quit, you’re not eligible to collect unemployment benefits while you look for a new job. If you are fired or laid off, you are eligible.
This varies state by state. Texas, for example, will give unemployment if you quit because of certain changes to the employer-employee relationship.
Yes, and I think a few state legislatures are working on changing the unemployment rules to specifically allow collecting unemployment if you quit over vaccine mandates.
“Hostile work environment.”
Shit, file a discrimination claim too.
“They fired me because I was over 50”.
Once my accommodation is denied, as I expect, for sure I will file an EEO complaint. I know it will go nowhere, but they can’t fire me while that complaint is being processed unless they want to make me an instant millionaire. Which at this point, with all the money being thrown around, I would not be surprised if the government throws money at the 5% that absolutely refuse.
So, this could get interesting.
I keep reminding fellow Gen X’ers that he’s the asshole responsible for getting everyone to think that AIDS was an equal opportunity killer and hetrosexuals were every bit at risk as anyone else.
Remember when you were supposed to use a dental dam when dining at the Y? Good times.
Yep. Fauci is the reason we have paper toilet seat covers.
No, it was Zappa.
“I don’t want no doctor to stick no needle in me”
*wipes tear*
As I’ve stated before, I succumbed to the threat of career loss and got the J&J Vaxx in June.
New employer required a scan of my immunization card do I provided it. I also checked the box on the medical questionnaire.
A few minutes ago I got an angrygram stating that according to their records, I am not fully vaccinated. I’m hoping it’s just that they are bureaucrats who overlooked the paperwork, because if they insist on Pfizer or Moderna, it’s not going to be pretty.
I voluntarily got the J&J last April. I will maintain that I am fully vaccinated in perpetuity. Who do they think they are, Vader?
Who do they think they are, Vader?
Yes.
Sorry hayeksplosives. Hopefully it is the bureaucrat being lazy.
I mean, you are in the what, 3-13% efficacy range (reported, so probably lower) ?
That’s based from this.
https://www.science.org/doi/10.1126/science.abm0620
And I can’t find how they adjusted their regressions. So “more science needed” here too. If you want to extrapolate the curves for the other vaccines they’ll be at zero only about 3 or 4 months later too.
3% seems about right after 6+ months. Still doesn’t matter much to me. I don’t believe I’m in danger from the virus.
J&J is so rare they likely just saw one date and one dose. They are likely mechanically looking for two entries.
So likely incompetence.
I’m waiting until the last minute to get a J&J. Some upcoming travel requires upload of documentation. But one is it. Even if it means no more international travel.
That is our only downfall in our stance is travel restrictions. I never would have thought in my lifetime, I would be denied to freely travel the majority of the world.
I now know it’s going to be a long long time, if ever, I’m able to travel outside this country.
The thin we should be watching out for, and I mean this, is the loss of the ability to move about freely WITHIN the country. Oh sure, you can drive from coast to coast (hello gas prices). But I’ve truly accepted I might have taken my last flight.
I don’t know what the answer is if you are going to play the game, but J&J seems the most risky at this point because no one really pretends that it works anymore.
Do any of them work? ::raises a glass in honor of Rufus::
[golf claps]
I scanned the recent CMS rules on mandatory vax for healthcare workers. They define “fully vaccinated” as including, for now anyway, both shots of a two shot series or one shot of a one-shot series. If you need some regulatory gobbledygook to throw at HR, I can sent it to you. Even though it doesn’t apply to your industry,
Welcome to NJ!
N.J. hospital mandates booster shots for employees who received J&J vaccine
EF wanted to go to England next year… given the current state of vaxx mandates, and my status, I don’t see that trip happening.
Sounds like I’ll have to hold out until Desantis (or other) becomes prez and shuts all this stupidity down.
Sorry to piss on a well named conspiracy but luciferase is probably used in the in-vitro potency test to determine activity of the molecule, these assays use fluorescent imaging.
Read the room dood…we don’t want no ackchullies here.
Yeah, yeah. trshy cleared that up already.
Yeah, but did he move his hands to indicate a goal post of sorts when he cleared it up already.
Re: New cars and monitoring systems
A personal automobile gives one a huge amount of autonomy. It gives y ou freedom to come and go as you please to wherever, whenever you wish to go. The personal auto, well, yours anyway, is an anathema to the leftist. The left has been shrieking about getting rid of personal auto’s as long as I can remember. This has nothing to do with drunk driving or careless driving. They are attempting to make personal autos such a pain in the ass that no one will want one. Power is a fixed pie. The. more decisions. you make for yourself the less decisions they can make for. you and vice versa.
Like everything they do this is about destroying your autonomy.
Never attribute to malice…blah blah. With the left is a safe bet that everything they do has plenty of both incompetence and malice. They aren’t mutually exclusive ya’ know.
The more decisions you make for yourself, the less decisions they can make for you and vice versa.
“No one believes more firmly than Comrade Napoleon that all animals are equal. He would be only too happy to let you make your decisions for yourselves. But sometimes you might make the wrong decisions, comrades, and then where should we be?”
Current research is showing that the spike protein is recoverable in human monocytes up to fifteen months after respiratory infection and is probably what causes “Long COVID”
Now imagine what flooding your system with spike protein boosters every six months is going to do to you.
A pretty good argument for regular doses of Iver-you-know-what.
Imagines having the worst perpetual hangover between boosters.
Ah damn…good run in life though
https://redstate.com/jenniferoo/2021/11/09/quantum-leap-actor-dean-stockwell-dead-at-85-n472588
I prefer his role in BSG, but that’s me,
I’ll recommend the movie Compulsion, based on the Leopold and Loeb case.
Alex Berenson:
Speaking with Washington D.C.-based think tank Atlantic Council
???
Atlantic Council is one of those think tanks that pushes elitism and commie globalist shit hard, but is treated like some neutral arbiter. Anybody with any affiliation with Atlantic Council is an enemy of the people.
I mean…that can be true, just not in how they view it.
Let me know when the public health experts start owning up to every mistake and falsehood they’ve promoted.
Eggs, milk, coffee, aspirin, FenPhen, food pyramid, and on and on and on.
Can you give a brief summary of those? I’m guessing there were similar trends in messaging over most of those in the UK over certain time frames.
Eggs are good, eggs are bad. 1 cup of coffee is good, no cups are good, FenPhen the miracle weight loss drug! And of course our Food Pyramid. All the messaging from our US Public Health experts over the years.
In my mind the most egregious one. This is responsible for scads and scads of chronic inflammatory diseases, and is DIRECTLY responsible for making the USA one of the most obese, physically unhealthy nations on Earth.
Here’s where that came from:
https://www.cnbc.com/2021/11/09/covid-vaccines-pfizer-ceo-says-people-who-spread-misinformation-on-shots-are-criminals.html
And the “misinformation” source is here:
https://www.kff.org/coronavirus-covid-19/poll-finding/kff-covid-19-vaccine-monitor-media-and-misinformation/
It’s KFF for crying out loud. Further nowhere do they support some of the claims they assert as true.
For example, you can argue that the Top. Men have said the vaccine is safe for pregnant women. OTH, where has the official count of COVID dead been validated?
Public health experts say
bahhhhhh-bah-bahhhhhhh-bah-bahhhhhh
I beg to differ. I think “costing millions of lives” makes you a criminal as well as a bad person. Embrace the power of “AND”.
Excuse me for the OT but I just watched the latest installment of The Hat & The Hair Super Funtime CARTOON SHOW and I find my gaze is so narrowed that not even a massless photon can pass through the double slit experiment that is my soured visage.
OT when the afternoon links are about to drop? That deserves a cat-butt
I like cats, butts and all.
^(^
(*)
And now the links are late. Way to jinx it OBE!
I blame the DOT – your official time keeper.
Double Slit Experiment is my new band name.
Thanks, mate!
We’ve all read that in these vaccine trials, they stopped them early and vaccinated the “control” groups too since everything was obviously going so well, and the Covid was soooo dangerous to every segment of society.
But this “mix n match” booster shot seems to have been made up in about 5 minutes with no studies at all. It seems to me that, particularly with J&J, the fact that the vaccines aren’t the same and don’t necessarily have the same mechanism of action that that is quite a stretch to claim with no long term testing whatsoever.
But I’m just an unfrozen caveman engineer, and their ways are strange and alien to me…
?
And has the CDC ever promoted Vitamin D at any time during this fiasco?
My neighbor, who is an actual scientist & runs a lab at Pfizer, is puttering around outside, watering plants, by herself. Wearing a mask.
Much science.
On a related note, I had some mandatory “return to office” training today & there is a _big_ emphasis on… hand sanitizer. And cleaning surfaces.
What year is this?
A bad one.
Related, related note: I will not be returning to the office. Screw that noise – I’m not going to sit at a cube in a mask all day, washing my hands every 2 hours.
Wasn’t that all disproven…oh, I give up…I have seen NEW cough shields being installed after that was debunked.
Hey, there could be deer nearby!
She’s just protecting herself from the chemtrails overhead…
You should get as close as you can, on your property line and start hacking and coughing up loogies.
2 unit condo – outside property is common.
No real advantage in antagonizing her. But my estimation of her has just dropped quite a bit.
TBF, she’s got co-morbidities but she’s all by herself out there.
Enjoy:
Moderna Booster Shot Backed by FDA Advisory Panel
The damn J&J booster study was done with a sample size of 17.
Johnson & Johnson Covid-19 Booster Shot Bolsters Immune Defense, FDA Staff Say
That’s some mighty fine sciencing, Lou.