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The PREP Act is a travesty, recognized as such when it was slipped into a budget bill in the middle of the night, Christmas 2005. It gives one man power to declare an “emergency” with no clear criteria for what constitutes “emergency” conditions.
Then any medical countermeasure claimed to be a response to that “emergency” is indemnified.
No matter how many people are killed or injured by the product, no matter even if the management knew that they were selling a dangerous product, they can’t be sued, the pharmacy that sells the product can’t be sued, the U.S. Food and Drug Administration (FDA) that approved it and the doctor who prescribes it can’t be sued.
Is this even constitutional? Take a look at the Ninth Amendment in the Bill of Rights.
The PREP Act emergency declaration paved the way for the introduction of the COVID-19 “vaccines” in late 2020. Without it, Pfizer and Moderna would have risked certain bankruptcy from a deluge of lawsuits after marketing their products.
The one person empowered to declare PREP emergencies and rescind them is the Secretary of the U.S. Department of Health and Human Services (HHS).
When Robert F. Kennedy Jr. sought that job in the Trump administration, his supporters (including myself) assumed that he would end the PREP emergency on his first day in office. He did not.
Some MAHA (Make America Healthy Again) followers felt disappointed. Others felt betrayed. We wondered how much power Kennedy really had and to what extent he was trapped by political pressures.
We wondered why doesn’t he resign? Why doesn’t he take bold, honest actions even if he is fired for it?
At the end of June, there was an announcement that the emergency declaration had been rescinded. For technical reasons, the pharma companies still had a full year of grace, but as of a year from now, the protections would end.
So I thought. So it seemed in the sparse news coverage of the announcement. I was deceived.
What I learned today, with helpful explanations from Debbie Lerman and Dr. Meryl Nass, is that there are two kinds of emergency declarations, and it is the less important of the two that Kennedy rescinded.
The more important one — the PREP emergency — remains in force and companies selling the COVID-19 vaccines can continue to peddle their wares with full legal immunity through the end of 2029.
These are not “vaccines” by our pre-2020 definition, and they have caused about 50 times more deaths and serious injuries than the previous worst vaccines on the FDA schedule (according to the Vaccine Adverse Event Reporting System or VAERS). And they will continue to be distributed with more harms, more deaths and more unaccountability through 2029.
(The emergency that was actually ended was “emergency use authorization.”)
The PREP declaration of COVID-19 “emergency” and nine other “emergencies” continue in force.
Read details on Debbie Lerman’s Substack.
I have not walked a mile in Kennedy’s shoes. None of my uncles was ever president of the U.S., and none of my family members was assassinated by the CIA (or Mossad).
But it seems to me that Kennedy was far more effective outside government than within. I imagine that what I would do in his position would be to end the PREP declaration and hold a press conference, detailing the politicization of science and opposition to sensible policies that I have experienced while on the inside.
I would be proud to be fired by the Trump machine, and I would return to what I do best: suing the government.
Even better?
The PREP Act specifies that the HHS secretary’s emergency declaration shall not be subject to judicial review. Obviously, Pharma authors of the act anticipated being able to control the secretary, and they didn’t want to risk a debate in court over whether circumstances justified an “emergency.”
So, Secretary Kennedy might try this: End the PREP emergency declaration retroactively. There never was an emergency. Declare open season for everyone harmed by the mRNA shots, remdesivir and inappropriate intubation to sue the companies, the hospitals and the FDA.
What happens next? There will be petitions to the courts saying that the HHS secretary has no power to do this. If the courts decide that they have no jurisdiction to question the Secretary’s declaration, then we win.
If the courts decide to overturn the secretary’s decision, then that is a precedent for a barrage of new lawsuits questioning whether there was justification for Secretary Azar’s original emergency declaration (January, 2020). I can think of no one better qualified to bring this lawsuit than Private Citizen Robert F. Kennedy Jr.
I credit Debbie and Meryl for all the good information above. The mistakes are my own.
Originally published on Josh Mitteldorf’s Unauthorized Science Substack page.
