Wednesday, September 23, 2009

September 29, 2009: Rally in Albany to Support Healthcare Workers against Mandatory Vaccines


New York healthcare workers and health freedom civil rights advocates are planning a rally at the State Capitol in Albany NY on Tuesday, September 29th to protest the new regulations mandating that all healthcare workers with patient contact receive all CDC "recommended" flu vaccines... including the just licensed, un-safety tested "Swine Flu" 2009-H1N1-A.

If you are a New Yorker, please go to:

Dr. Gary Null and others have a meeting scheduled with the State Department of Health for 10:30 AM that day, so we need mass public support... and the word is that large numbers of healthcare workers and their supporters will be there!

The Department asked us to let them know what we wanted to discuss. This is what I wrote to them:


I understand that the State Department of Health would like to know the concerns of the delegation scheduled to meet the Deputy Secretary of Health next Tuesday.

I've spoken with the healthcare workers and health freedom advocates involved and believe I can provide an initial expression of those concerns. I am writing as a trustee of one of the involved groups, the Natural Solutions Foundation, and exempt non-governmental organization (NGO). The medical adviser and trustee of the Foundation is a New York licensed physician who would be mandated to receive the vaccines if she were to see patients in a New York hospital. Another doctor, who will be at the Tuesday meeting, is a licensed dietitian and nutritionist in New York, subject to the same risks. Our primary concern is that the regulations mandating the flu vaccines do not comport with medical ethics or fundamental principles of law and justice.

The practice in NY has always been that the annual flu vaccine is voluntary. To change a long-standing practice upon which people rely by regulation, rather than direct legislation, is suspect at best. When the change puts people at known risk for serious adverse reactions, the government bears a serious burden that seems to be ignored here. We decry the lack of transparency and public hearings.

We are particularly concerned that the exemption section is insufficient to protect significant civil rights. Title VII of the 1964 Civil Rights Acts requires employers to make reasonable accommodations for employees' religious beliefs. The regulations fail to address this and we want the Department of Health to make it clear that the religious exemption is not being abrogated.

By "religious" we mean to include all sincerely held conscientious objections to vaccination that hold in an individual's belief system the same place that specific church teachings may hold in the beliefs of a member of such church. Discriminating against people based on non-church conscientious objections has never been permitted by the courts.

Additionally by providing that the mandate shall apply to all flu vaccines "recommended" by the CDC, the un-safety tested "Swine Flu" vaccines that were licensed by the FDA last week will also be mandatory. This regulatory provision surrenders the state's obligations to a federal agency and is beyond the authority of the Department.

Our message we would like the Deputy Secretary to take to the Governor is that the public outcry against this mandate is such that the Governor needs to rethink his position and needs to meet with and accommodate the sincerely held objections of the healthcare workers.

In 1905 the Supreme Court, prior to the era of Federal preemption of vaccine licensing and recommending, deferred to the states in decisions about vaccine mandates. This was the case of Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905).

But that court clearly understood that there was a point beyond which no government could go in exercising the police power to mandate vaccinations. It held:

"We are not to be understood as holding that the … judiciary would not be competent to interfere and protect the health and life of the individual … "All laws," this court has said, "should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression or absurd consequence. … we are not inclined to hold that the statute establishes the absolute rule that an adult must be vaccinated if it be apparent or can be shown with reasonable certainty that he is not at the time a fit subject of vaccination or that vaccination, by reason of his then condition, would seriously impair his health or probably cause his death."

Tuesday, September 15, 2009

FDA licensed the "Swine Flu" vaccine today

HHS Secretary Sebelius appeared today before House Energy and Commerce Committee where she announced that the so-called "Swine Flu" was licensed today. No mention was made whether an Emergency Use Authorization under the Project Bioshield Act of 2005 was involved. She told Congress that will full details.

Rep deGette asked about adjuvants and the Secretary said "no adjuvants are currently anticipated" to which she added, "the scientists don't want to head down that path."*

[By the way, the quotes and notes are from our Eyes in DC, Maury Silverman. Maury attends hours of government hearings and plies the Halls of Congress for health and freedom.]

According to his notes, Sebelius said, "5 facilities are currently to be licensed" and "FDA has approved vaccine applications." This announcement was made about 2 PM today.

Secretary Sebelius also opined, "The influenza is going to be unpredictable..."

Rep Markey of Massachusetts questioned "Swine Flu" vaccines safety compared to the 1976 "Swine Flu" vaccine. Sebelius said the government gathered the experts from 1976 to consult and is not concerned about safety questions.

[Note: the position of the Secretary is consistent with comments by FDA figures, for example:

“Norman Baylor, PhD, director of FDA's Office of Vaccines Research and Review, explained the FDA's probable decision to go ahead with the simplified approval process, rather than a lengthy new drug application process. "We have decades of experience with H1N1, that's why we feel we can do this with a strain-change," said Dr. Baylor.”

The only time the government previously approved a "Swine Flu" vaccination was during the 1976 fiasco, resulting in hundreds of deaths and thousands maimed for life, all for a pandemic that never happened. That's the government's experience that gives rise to their claim not to need comprehensive safety testing.]

Contnuing, the HHS Secretary outlined a central distribution system of the vaccines from the 5 approved facilities to 90,000 predetermined sites. The distibution system will be run by a single contractor. The Agency has allocated $1.44 billion allocated to the States to operate the vaccine program. She further claimed there will be enough vaccine to all who "need it" and people should consult their physicians.

This vaccine has the dubious distinction of being approved for what the government has claimed was a "novel" flu virus under a "change of strain" review that is never used for novel diseases. Thus the FDA has violated the requirement of Title 21 of the US Code that new drugs must be show, with significant scientific agreement, to be both safe and effective, with the benefits outweighing the risks. Without comprehensive safety testing, how can that standard be met?

See the Citizens Petition which sought to stop approval of the vaccines and which will now form the basis of a Court appeal to reverse their licensing.


* Note: While we don’t particularly trust the Secretary’s intent to avoid adjuvants and know that the US purchased nearly a half billion dollars worth of squalene, according to an HHS press release of July 13, 2009, we do agree, this time, with their scientists! Push Back Works!

Friday, September 11, 2009

Vitamin Lawyer Published on

My Summer Reading: Hyper-Inflation in Wiemar Germany

Mises Daily by | Posted on 9/2/2009

"Such financial difficulties as may occur will almost certainly arise from political rather than economic sources." – Frank D. Graham

Earlier this year, in a flea market, I found an interesting book: Exchange, Prices and Production in Hyper-Inflation: Germany, 1920 – 1923, by Frank D. Graham (Princeton University Press, 1930)... Read the rest of the article at:

Friday, September 4, 2009

Funding the “Stop the Shot” TRO

Natural Solutions Foundation

Funding the “Stop the Shot” TRO

As we’ve announced elsewhere — — FDA accepted our Citizens Petition to stay any approval of the “Swine Flu” H1N1 vaccine, but then rejected it as an “emergency” — so we are preparing to go to Federal Court for the redress of grievances we cannot get from the Agency.

I’ve just responded to an email I received criticizing the efforts of various pro-se people to go to court to try to stop any threatened forced vaccinations. I’d thought I’d share that response with you all, asking you to join our Natural Solutions “Going to the Sixes” law suit funding campaign… more about that later…


Dear D…

Thank you for your comments. I think that T… and others who are pursuing legal remedies are to be congratulated for their efforts. “Push-back” works! Just a couple days ago CNN announced that the federal authorities were scaling back their vaccine purchases due to growing public opposition* to the “Swine Flu” vaccine — and the President announced that all vaccines will be voluntary. We don’t believe that, and cite the bill pending in Massachusetts that would criminalize vaccine resistance.

However, we’ve been taking another tack on the issue of stopping the uninsurable, untested, unproven “Swine Flu” vaccine. Led by Gary Null PhD, Dr. Koren and Dr Laibow, we filed a Citizens Petition under 21 CFR 10.30 and 35 seeking an emergency stay from FDA of the vaccine approval process. After review by FDA’s chief counsel, the agency finally filed the petition… and decided not to treat it as an emergency… so we’ve exhausted our administrative remedies and are getting ready to go to the Federal Circuit Court of Appeals in DC for a TRO against approval of the vaccine. [TRO = Temporary Restraining Order; the first step in getting a permanent Injunction against the vaccine approval without safety testing.]

No approval; no jabs. The “mandatory” vaccination issue doesn’t even come up.

We’ve prepared a 22 document package for our DC lawyers to bring to court, and it is nearly ready.

What we need to do now is raise the funds necessary to fund this case.

If you want to donate for this purpose, we’ve set up our “Taking it to the Sixes” donation program: just use our regular donation page, but end your donation with a “6″ – $16, $56, $106 etc… and we’ll put that money aside for this case.

Gary Null is raising funds for the case; Dr. Koren’s Foundation for Health Choices is doing so, and so are we, through:

"Just remember to make your donation in an amount that ends in “6″ (hence, “Taking it to the Sixes”) and you’ll be supporting the case; so donate: $6 or $16 or $56 or $106 or $1,006 or $10,006 or....."

Of all the proposed legal actions against the vaccine, our action may have the best chance of success.

We’ve started correctly by “exhausting our administrative remedies” — we’ve gone to the federal authorities since their approval of the vaccine is a prerequisite for any mandates — and we’ve focused on the main issue: federal law requires that only “safe and effective” drugs (including vaccines) be approved by FDA where the “benefits” outweigh the “risks.”

However, in this matter, FDA threatens to approve the vaccines without adequate or any safety testing (current tests are dosage tests only of version of the vaccine without all the adjuvants… without the squalene adjuvant which has never been approved for use in a drug in the US). How can the FDA certify that the vaccines are “safe and effective” or that the benefits outweigh the risks without safety testing of the vaccines with all the proposed adjuvants?

In 2004 a similar issue came up with regard to the “emergency” anthrax vaccine that included unapproved squalene that was forced on the military. The Federal Judge handling that case stopped involuntary use of the untested vaccine. Over 60,000 soldiers were hospitalized for adverse reactions before it was stopped and many consider that vaccine the prime cause of Gulf War Syndrome. The 1976 “:Swine Flu” vaccine was a disaster; the squalene-contaminated anthrax vaccine was a nightmare. This madness must end here. And we need your help to make that possible.

So, we have the right procedure and strong law backing us; now all we need is continued public support to fund the case…

Ralph Fucetola, JD
Natural Solutions Foundation Trustee
The Vitamin Consultancy
All Rights Reserved . . .

PS – as soon as the papers are finalized, we will be publishing the Petition for Review and supporting documents at

—— Original Message ——
Received: Fri, 04 Sep 2009 09:57:45 AM EDT
From: “D…”
Subject: RE: Injunctions filed to stop flu vaccinations?



* Do you think the over 1,800,000 emails you’ve all sent to your national legislators and decision makers, and your state legislators, has had an impact? We do! Push Back Works and we need you to continue to push back! Continue to take action here:

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