Since the negotiations for the fiscal year 2025 National Defense Authorization Act have begun the limp wristed congress is doing the least for service members wronged by the Department of Defense. I want to remind everyone of the circumstances surrounding the mandate and the attempts to change the history of this event.
So let me just say without any hesitation that the original order issued by Lloyd Austin was lawful, all subsequent orders were not. It would be awesome if someone in congress would acknowledge that the behavior of the DOD was in direct defiance of the laws they passed. So why bother having a million oversight committees if the agencies can break the law and congress looks the other way?
If I had to guess they are captured by the two industries that accelerated this crisis, the military industrial complex and the pharmaceutical industrial complex. Or alternatively, they’re stupid.
Here is the language in the present text of the NDAA
Why is it necessary to call this a “lawful order”? Is it because they want the illegal actions of the DOD to be codified in law as lawful? Probably. Here are the facts about what actually happened:
There was never an option for any member of the military to obtain a licensed vaccine to adhere to the order issued by Secretary Austin. This was known to the leadership. (I know because I spoke to one such leader to confirm in early September of 2021.)
A lot of this is about the active duty component, and orders within the Army, but most services had similar orders.
Within Frago 5 it clearly states that Commanders must ensure the availability of the approved vaccine. It was not the job of a service member to hop pharmacies in search of the product the military is mandating they take. And that effort would be fruitless anyway because no pharmacy had it.
There was no opportunity to voluntarily receive the EUA vaccine because it was what was being mandated. The September memo signed by Terry Adirim was the legal backing for this ILLEGAL activity. Here is an actual memo from my husbands PA, and the memo he gave him was Adirim’s. These public health officials were not asking “how come there isn’t any licensed product?” Instead they mindlessly gave a memo that provided a false sense of legal cover for injecting service members without their informed consent with a product they were never actually ordered to take.
From the memo of the Physicians Assistant:
But people went through legal channels. JAG knew it, they had a full blown conversation about it. They really did love the removal of the phrase “legally distinct” from the FDA guidance. So the lawyers within the DOD admit that the EUA vaccines can be used on a mandatory basis. No. That was against the law but they are just willing it not to be illegal by obfuscation and double speak.
What I find confusing is that there wasn’t any interest in following the black letter of the law. Service members had every legal right to refuse the EUA vaccines without any fear of adverse action, but we know that isn’t what happened. Anyone, like my husband, that had a perfectly legal and reasonable expectation was treated like a criminal. His chain of command was WELL AWARE that there was no licensed product available. He told them, he showed them and even his own commander even sent him an article about it from Children’s Health Defense in November of 2021, but nothing mattered. No one did the right thing.
And I will reiterate, that it was the order to those commanders to ensure the approved product was available. And they didn’t.
So then what happened? A second memo was written by Gilbert Cisneros and distributed to get feed back from heads of the services. Here is a piece of feedback from Lt Col. Christina Hendrix that issued a non concur . “The memo states the vaccines can be used interchangeably; however, this paragraph would suggest DoD considers them different, and as different, cannot carry out punitive action against the Service member until they have the opportunity for a BLA-manufactured vaccine.” No shit. They were different. They were legally distinct. Ironically, a congressional report done by lawyers and public health persons lays out what this means quite clearly, unfortunately it seems like their staff might be too busy banging in the chambers to brief them on it.
Anyway, let’s jump forward. There were some legal wins and losses but plenty of admissions in the court. No one has been more pivotal than the disgraceful Tonya Rans. On July 6, 2022 she admitted that the DOD did not have any licensed vaccine prior to May 2022. So how in the actual fuck were service members given GOMORS, kicked out, removed from their positions, withheld promotions etc etc because they did not take a vaccine that was never mandated? Because that’s what fucking happened. Why won’t Congress ask that of Lloyd and Terry?
So it is a legal and verifiable fact that every service member that was ordered to be vaccinated by their commanders were done so illegally. How could the commanders ensure the availability of a product that the DOD has admitted was never available? Is it ok for officers to defy a lawful order? Incredible.
But the DoD, and the DoJ that is defending them, persist on this notion that there was no violation. If you have been following the court cases being presented by Dale Saran and Brandon Johnson then you might be familiar with the Motion to Dismiss presented by the Government as the Defendants. I will summarize because its peak DOD/DOJ idiocy, “yeah we know licensed vaccines were not available until June of 2022 but it isn’t a violation of Title 10 1107a because no one was required to take an EUA vaccine but no vaccine was available so whatevs.”
And in case anyone from the DOJ is reading this we do 100% know that there was not any licensed vaccine available prior to the deadline of the mandate on December 15, 2021. Pfizer said so themselves after the December 16, 2021 supplement approval of the new vaccine formulation……….and I think they would know, right?
But finally here is what I think these lawyers and the do nothings in Congress also need to remember. No matter what, the DOD broke the law. The DOD does not have the luxury of moving the goal post on the vaccine mandate and creating a form of revisionist history. There was an order that had a specific deadline of December 15, 2021. If the DOD was unable to legally fulfill their own legal obligation then they are the ones that broke the law, not the service members they attempted to smear and defame.
Just as an aside to what I am specifically saying. My husband, who was illegitimately involuntarily separated due to the mandate, was never ordered after December 7, 2021 to receive the vaccine. This was the day he received his GOMOR. However, he was bribed, coerced…pick your poison. They told him “if you just do this, all of this goes away.” Even in the middle of his Board of Inquiry in August of 2022 he was told that if he just went and got vaccinated he would be retained. What the fuck clown world are we living in?
They broke the law and I will not stop. And to all the others that won’t stop, I salute you.