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Military Whistleblowers Demand Congress Take Action Against Illegal DoD Activity

On Monday, the U.S. Military reminded all Members of Congress that it has a duty to advocate for the rights of all American citizens and the rights of service members across all branches of the Armed Forces. Thank God for them. Loyal to our nation, it is under this premise that on August 15, 2022, Concerned Service Members, under the Military Whistleblower Protection Act, sent a 41-page memorandum to all Members of Congress to report illegal activity by the Department of Defense (DoD). 

Loaded with evidence to support their assertions, the Whistleblowers declare, under penalty of perjury, that since August 24, 2021, the DoD has unlawfully administered Emergency Use Authorization (EUA) products—products authorized but not approved by the U.S. Food and Drug Administration (FDA)—as if they were fully licensed FDA products. With that in mind, as covered extensively by UncoverDC, the Concerned Service Members assert:

“Military members have not been allowed to exercise their legal right to refuse EUA products, despite the Department of Justice’s (DOJ) assertion that “Comirnaty-labeled” vaccines only became available for the DoD to order on May 20, 2022. Evidence also exists that the new “Comirnaty-labeled” products are not FDA approved in accordance with applicable laws.”

Screenshot / Whistleblower Report of Illegal Department of Defense Activity / Signatories

Setting the Stage for an “Approved” COVID-19 Vaccine

In what surely appears to be a coordinated smoke and mirrors effort to guarantee all service members are jabbed, the Concerned Service Members meticulously describe the strategy at play. In an August 9, 2021 memorandum, Secretary of Defense (SECDEF) Lloyd Austin indicated his understanding of EUA law, stating he would seek President Biden’s approval to make the COVID-19 vaccine mandatory no later than mid-September or immediately upon FDA licensure, whichever comes first. 

As luck would have it, on August 23, 2021, the FDA approved (fully licensed) the nation’s first COVID-19 jab under the trade name COMIRNATY. Tellingly, the Whistleblowers report states that the FDA began—and ended—its legal marketing status of COMIRNATY the very same day. The next day, August 24, 2021, SECDEF issued a memorandum declaring that “mandatory vaccination against COVID-19 will only use COVID-19 vaccines that receive full licensure from the FDA in accordance with FDA-approved labeling and guidance.” 

Despite Approval, Military Jabs Service Members with EUA Product

Shortly after that, in a notice on the National Institute of Health (NIH) website, big pharma giant Pfizer announced it would not produce any of the licensed product “over the next few months while EUA authorized product is still available and being made for U.S. distribution.” For the next nine months, the failure to administer the fully licensed COMIRNATY has been confirmed by hundreds of service members. They have submitted hundreds of complaints and photo evidence to military leadership verifying that all vials of the mandated COVID-19 jabs were indeed EUA mRNA injection products—NOT the FDA-approved COMIRNATY. Notably, a EUA product comes with the inherent right to refuse.

Screenshot / Whistleblower Report of Illegal Department of Defense Activity / NIH

Establishing this blatant negligence further, a Freedom of Information Act (FOIA) response from the Defense Health (DHA) in April 2022 confirmed that DHA “had no record of COMIRNATY COVID-19 jabs being ordered, received, in stock, available, or administered to any service member by any service branch—Army, Navy, Marine Corps, Air Force, or Coast Guard.” 

With the mandate of the “approved” COVID-19 shot in place for service members, the Whistleblowers highlight that subordinate commanders failed to adhere to both the law and the SECDEF guidance concerning licensure of products. Simply, the commanders ordered service members to become vaccinated against COVID-19 without considering that the only vaccines available were under EUA status. Moreover, with an unrealistic policy of 100% vaccination, the commanders methodically disapproved religious and medical accommodations to the jabs, despite clear DoD instructions for them. The Whistleblowers remind Congress that multiple injunctions have been levied against the DoD for violating DoD policy, the Religious Freedom Restoration Act, and the U.S. Constitution. 

DOJ Muddies the Waters to Justify Using EAU Vaccine

The Whistleblowers wrote that the DoD caused even more confusion by publishing memoranda asserting that the FDA-approved COMIRNATY could be used interchangeably with EUA products. On September 14, 2021—citing the FDA’s Q&A website to justify the use of Pfizer’s EUA jab in place of COMIRNATY—Dr. Terry Adirim, Assistant Secretary of Defense for Health Affairs (ASD HA), wrote a memorandum remarking, “these two vaccines are interchangeable and DoD health care providers should use doses distributed under EUA to administer the vaccination series as if the doses were the licensed vaccine.” 

Yet, the FDA website referenced by Adirim offers medical advice regarding the use of the EUA jab to complete a “vaccination series,” not guidance for the military’s vaccine mandate. The FDA site says medical providers can use the two products interchangeably to complete a vaccine series without impacting safety and effectiveness. Notably, the Whistleblowers state that the FDA website “did not address the legal difference between the products, nor was it a determination of biosimilarity or interchangeability, which have explicit requirements by law.” Specifically, 42 USC § 262(k)—Licensure of Biological Products as Biosimilar or Interchangeable—cites critical requirements for interchangeable products, including that:

  1. A sponsor must submit an application for licensure of the biosimilar product.
  2. Both products become fully licensed before being declared interchangeable.
  3. Per 42 USC § 262(k)7(A), “[a]pproval of an application under this subsection [Licensure of Biological Products and Biosimilar or Interchangeable] 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 under subsection (a).”

Military Blatantly Ignores Legal Distinction Between Two Jabs

Following the guidelines plainly outlined by the law as mentioned above, the Whistleblowers insist that Dr. Adirim and every military commander who cited her memo as justification for their unlawful orders ignored the legal distinction between the two products. By law, no product may be legally declared interchangeable with COMIRNATY until at least August 24, 2033. Besides that, the “Purple Book” (the FDA’s definitive source for approved biologics) lists “no interchangeable data at that time” for COMIRNATY. 

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Screenshot / FDA / Purple Book / Comirnaty

Aligned with the Biden administration’s tyrannical COVID-19 jab narrative, the mind-boggling and well-documented report from the Whistleblowers reveals that, despite claiming it wasn’t aware of the legal difference between the EUA COVID shot and the approved one, statements made by SECDEF reflect that it understood the legal requirements attached to EUA products.

Another DOJ Cover-Up and Continued Coercion

And after it realized its blunder, the Whistleblowers provided evidence that the agency took intentional steps “to cover up the DoD’s grievous mistake.” Remarkably, an unsigned memo crafted to replace Dr. Adirim’s September 14, 2021 memo gave the specific  recommendation that if a service member refused the EUA product, Health Care Providers should secure and offer the fully licensed product “prior to any punitive action being taken against the Service Member.” Explaining the cover-up in more detail, the Whistleblowers state:

“An official internal review provided by reviewers of this memo, demonstrates the subsequent attempt to cover up the DoD’s grievous mistake. One comment even acknowledges that this correction “subverts” the current vaccination policy and may open up the service to “increased litigation from individuals who have been mandated since August 24 to be vaccinated.” The correction memo was ultimately rejected, demonstrating DoD’s awareness and support of illegal prosecution of military members, and a lack of integrity to resolve the situation.”

According to the Whistleblowers, and as witnessed by many, once the DoD’s “unlawful misrepresentation of the interchangeability began to fail in federal court,” the DoD and the DOJ moved on and “began to allege that the Pfizer EUA vaccine products were compliant with Biologics License Application (BLA) requirements.” In an attempt to claim that mandating an EUA product was legal, they started using the term “BLA-Compliant.”

Nonetheless, this tactic also failed. BLA requirements include an obligation to properly label biologic products. Not shocking, the EUA COVID-19 product label does not match the BLA-approved product label on COMIRNATY. Also not shocking is the realization that the same scenario is happening with mandated COVID-19 test kits and masks, all of which are EUA products. 

Questionable Labeling and COMIRNATY Vials Suddenly Appear

Well into 2022—the month of May to be exact—despite an FDA-approved COVID-19 vaccine, EUA products were the only COVID-19 vaccines available to the U.S. military. Knowing this, the Whistleblowers explain that military leaders coerced and tried to force unwilling service members to receive the EUA product. Now aware the military was not using the FDA-approved COMIRNATY, many unwilling service members were discharged from the military for refusing the jab. Legal battles have followed, with plaintiffs asserting that FDA-approved vaccines were unavailable.

As lawsuits got underway, the DoJ quickly got to work, insisting the COMIRNATY-labeled vaccine was, in fact, available for DoD to order as of May 20, 2022. Suddenly, COMIRNATY-labeled vials appeared in very limited quantities on military installations. According to the Whistleblowers, the sudden appearance of COMIRNATY-labeled vials indicates that the DoD was mandating the use of EUA vaccines for nine months before May 2022.

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Screenshot / Military Whistleblower Photo; Comirnaty Label; June 10, 2022, Juneau Alaska

With questions surrounding evidence of COMIRNATY-labeled lot numbers being connected to EUA vaccines in the CDC database, the suggestions of potential labeling fraud on behalf of the DoD, DOJ, Pfizer, and the FDA keep surfacing. With regard to fraudulent labeling, the Whistleblowers point out that 42 USC § 262(b) emphatically states that “[n]o person shall falsely label or mark any package or container of any biological product or alter any label or mark on the package or container of the biological product so as to falsify the label or mark.” Significantly, fraud voids liability protections and consent agreements, exposing the DoD and its agents to significant liability by willfully misrepresenting these biologics. Additionally, fraudulent activity could result in tremendous costs to American taxpayers.

Whistleblowers Ask Congress to Take Immediate Action

As the DoD faces a recruitment and retention crisis brought on by the “systemic violation of rights and the destruction of sacred trust with service members,” the Whistleblowers point out that the future readiness of our military is in question. Furthermore, with no long-term safety data for these products, a link between COVID-19 jabs and long-term health problems could have a crippling impact on the future readiness of our military, which is “hemorrhaging outstanding military men and women of conscience, who are attempting to defend the rule of law at great personal cost.”

Failure of Congress to take swift action against the scam underway against our military will cause continued, irreversible harm to the fundamental human rights of American citizens while further damaging our national security. The Whistleblowers urge Congress to immediately take action to ensure the DoD adheres to the law, pointing out that, as the oversight authority, it can investigate the HHS Secretary’s recurring declarations of emergency, as well as possible crimes associated with unlawful administration of EUA products and biologic product labeling fraud. They ask Congress to end illegal EUA mandates and “all related fraudulent activity to ensure that our military can once again be counted on to uphold the rule of law in support of our Constitution.”

VIDEO: Witnesses Say DoD Personnel Were Illegally Given the EUA COVID Vaccine With a Comirnaty Label on It

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