Legally, for the HHS to declare a State of Emergency they must determine there is a National Security Threat. In order for that threat to be confirmed, there are multiple rules in place that assist in making the declaration. Those rules would dictate that in order for a disease to be considered a viable cause for implementing the Emergency Order, it should be identified as a terrorist attack, a biological warfare attack that justifies it as a Security issue both at home and for American citizens abroad.
In addition, in order for the FDA to authorize unlicensed, unapproved treatment for a disease, there can NOT be any other available treatments.
Public Health Emergency Law: A pre-requisite to determining the use of biological agents to treat a disease via the EUA – There can be no adequate, approved, and available alternative to the product for diagnosing, preventing, or treating the disease or condition.
In addition: Within the emergency authorization, fact sheets providing the potential risks shall be provided to each patient who then has the ‘option’ to accept or refuse the product with no consequences! In addition, the FDA is mandated to provide patients with alternatives whether approved for use or not. State and local officials must comply with the conditions attached to the tests and treatments, ie refusing to comply shall have zero consequences.
NO tests or treatments shall be mandated given the entire purpose is to uphold economic and individual freedom and ALL measures will be deemed ‘GUIDANCE’ and shall not infringe on freedom.
Lockdowns and closures were – illegal. We were not fighting an attack. We were fighting a disease. Diseases are NOT terrorists.
Humor! In the wake of all the rules promoted by various states in converting our freedoms to illegal wakes, 2 democrat senators have determined 2 measures should be made law: 1. Third party delivery apps would have a cap on fees, and 2. Restaurants would be allowed to sell ‘cocktails to go’ for two years. Priorities!
These statements, rules and guidance I am quoting are stipulated within The Homeland Security Act, Public Health Emergency Medical Countermeasures, Public Health Service Act and the FDA.
The authority for treatment is specified as coming from government ‘stockpiles’ or from previously issued but unapproved treatments that meet risk evaluation vs benefit analysis, or from treatments approved for other diseases but not yet approved for this disease. These treatments must continue to undergo rigorous trials and updates made available on a continual basis to the FDA in the form of reports. These reports which must be made public via the FDA must include adverse reactions – as in keeping the public informed. To the best of my knowledge none of these requirements have been met.
March 27, 2020, the Following Federal Declaration was issued by Azar, Secretary for HHS:
“…there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves a novel (new) coronavirus (nCoV) first detected in Wuhan City, Hubei Province, China in 2019 (2019-nCoV). The virus is now named SARS-CoV-2, which causes the illness COVID-19. On the basis of this determination, he (Azar, Sec of Health) also declared that circumstances exist justifying the authorization of emergency use of drugs and biological products during the COVID-19 pandemic, pursuant to section 564 of the FD&C Act, subject to the terms of any authorization issued under that section.”
According to the FD&C Act 564, the FDA must determine that: “If the secretary of the Department of Health and Human Services (HHS) determines that there is a public health emergency under the Public Health Service Act (PHS Act) §31910 that affects, or has significant potential to affect, national security and involves specified CBRN agents (chemical warfare) and diseases… an EUA can be allowed.
In other words, all these authorizations were dependent on the one thing the White House and Fauci continually denied! A Terrorist Attack using chemical agents. As such, they acted outside their authority.
The Heritage Organization issued an essay in 2015 targeting misconceptions on the use of and definition of National Security. Identifying what it is NOT, Heritage issued this statement: “While a pandemic disease could endanger the safety and security of thousands of Americans, unless it is committed as an act of biological terrorism, it should be considered a matter of health and domestic safety, not national security.”
Once again, the distinction is whether an event occurs as a direct result of an attack, or act of biological terrorism, or whether it is a ‘social security’. Further undermining the entire federal, state and local misuse of power. National Security is not climate change, it is not gender identity, it is not human rights. And it is not disease. National Security involves a threat of war wherein the military is involved. That has always been it’s purpose and interpretation.
As such, 1000 lawyers and 10,000 doctors have convened to file a lawsuit claiming the CoVid laws and lockdowns violated the Nürnberg Code against the CDC, WHO and Davos Group for crimes against humanity. Stating:
- The PCR test was never designed to detect pathogens and is 100% inaccurate at 35 cycles. All PCR tests monitored by the CDC are set at 37 to 45 cycles.
- Under Article 32 of the 1949 Geneva Convention, “mutilation and medical or scientific experiments not required for the medical treatment of a protected person” are prohibited.
However, the Nuremberg Code is based on the ‘Consequences of War’ – so the entire lawsuit may be tossed unless the National Security issue is triggered. A very interesting conundrum! Because governments declared a disease was a National Security Threat, they have in fact triggered the very concept of War – which would then trigger the Nuremberg Code. If it is deemed to NOT fall into the category of war, then every aspect of lockdowns was ILLEGAL>