Newsletters, What’s New July 21, 2022
AAPS Foundation Sues Medical Dictators – AAPS News August 2022
Share:
Volume 78, no. 8
The AAPS Educational Foundation has filed suit against the American Board of Internal Medicine (ABIM), the American Board of Obstetrics & Gynecology (ABOG), the American Board of Family Medicine (ABFM), and Alejandro Mayorkas, in his official capacity as the Secretary of the U.S. Department of Homeland Security (DHS). The lawsuit concerns defendants’ “unprecedented campaigns to censor speech that they falsely disparage as ‘misinformation’ or ‘disinformation’”
“Defendants wrongly misuse their authority in a politically partisan manner to chill speech…. Defendants have acted in an apparently coordinated manner, using similar timing and terminology, to censor those who exercise their First Amendment rights on issues of public concern,” the complaint states.
It notes that the Board Defendants have certification monopolies. “Although only official state medical boards have the proper authority to regulate the practice of medicine, certifications by the Board Defendants constitute a de facto essential credential for practicing in most hospitals or participating in most networks.” Threats to revoke certification improperly chill speech, and Defendants, unlike licensure boards, have no political accountability.
ABIM and ABFM have already sent letters to physicians threatening them with revocation of their earned board certifications based on their statements on issues of public concern. Board Defendants are apparently retaliating against physicians who were praised by Robert F. Kennedy, Jr., in his bestselling book The Real Anthony Fauci, in some cases expressly because of criticizing Dr. Fauci, who as a government official may be freely criticized.
ABOG has publicly warned physicians against making public statements against abortion and contraception. ABOG stridently supports universal access to abortion, with taxpayer funding, and ABOG sharply criticized the Supreme Court decision in Dobbs.
ABOG also threatens physicians for warning pregnant women against receiving the COVID vaccine, even though the World Health Organization (WHO) issued a similar warning in 2021.
The Board Defendants’ threatening letters and the creation of the Orwellian Disinformation Governance Board (“DGB”) by DHS Secretary Mayorkas closely followed on the directive by President Joe Biden, which states: “I make a special appeal to social media companies and media outlets: Please deal with the misinformation and disinformation that’s on your shows.”
Attorneys general from 20 states, led by Virginia and joined by Texas, released a letter to Defendant Mayorkas, dated May 5, 2022, which protested the unconstitutionality of the DGB. The letter repeated what Justice Brandeis explained in 1927 in Whitney v. California that the remedy for error is “more speech, not enforced silence.”
“The mere existence of DGB has the effect of chilling speech by Plaintiff,” the complaint argues. Public remarks by Dr. Fauci appear “to call implicitly for censorship of speech based on content that one political party disfavors.”
The complaint notes that the Homeland Security Advisory Council (HSAC), tasked to “most effectively and appropriately address disinformation that poses a threat to the homeland, while protecting free speech and other fundamental rights,” is subject to the requirements of the Federal Advisory Committee Act (FACA), but is violating them with respect to the DGB.
Plaintiff asks that Defendant Boards be prohibited from retaliating against physicians for speaking out on matters of public concern and that Defendant Mayorkas be required to comply fully with FACA or to abolish DGB altogether.
Information on Harm
Threatened physicians are the ones who are countering the official disinformation narrative and telling the public about the harm of denying early treatment, of lockdowns, and of COVID-19 vaccine adverse effects.
Board threats are in themselves harmful. As dozens of physicians write in an open letter to the American Board of Medical Specialties (ABMS) and the Federation of State Medical Boards (FSMB), “actions against the leading medical doctors, that have pioneered the development and deployment of treatment protocols against COVID-19, and who are now making similar efforts towards the treatment of patients that have been injured by the COVID-19 vaccines, threatens the right to life and the well-being of the American public” (https://tinyurl.com/ynpvkcc8).
Most of the “public health” narratives about COVID-19 have been false—i.e., misinformation, argues former Pfizer vice-president Dr. Michael Yeadon (https://tinyurl.com/mfjeu983).
Adverse events do follow COVID-19 injections: more than 1.3 million have been reported to the Vaccine Adverse Event Reporting System (VAERS), including nearly 30,000 deaths, as of July 1 (tinyurl.com/2xtfe8wx), but certified physicians dare not mention them because that might promote “vaccine hesitancy.” For the newly described Sudden Adult Death Syndrome (SADS), the proposed explanations include: sleeping position, drinking tea, eating eggs, cold weather, solar storms, climate change, and too much or too little exercise (tinyurl.com/yc6uyudh).
Upon hearing of ABIM’s threat to remove Dr. Peter McCullough’s certification, Sen. Ron Johnson (R-Wis.) offered to have an open expert panel on the scientific issues. ABIM declined. “What constitutes ‘misinformation’ shall be exclusively determined by a board of doctors THEY appoint” (tinyurl.com/msunp6yj).
Prescience or Planning?
James Gruhl, Ph.D., summarizes the series of globalist-run pandemic simulations described in Robert F. Kennedy’s book The Real Doctor Fauci. The series started with Topoff 2000. Dark Winter 2001 added vaccines, the CDC, the U.S. Air Force, Big Pharma, and the CIA. Project Bioshield 2004 added the Departments of Homeland Security and Defense, the FDA, and ATF. Atlantic Storm added WHO. Global Mercury coordinated all Western nations and added the Department of State. SLC Simulation 2005 added the Rockefeller Foundation and massive Orwellian surveillance. MARS 2017 added the World Bank and the Koch Institute and planned how to blame busy wet markets in Wuhan. SPARS 2017 was run by Bill Gates and planned strategies for squashing therapeutics and keeping up interest in the vaccine through social media death counts. CLADE X 2018 included a healthcare collapse, stock market crash, FDA/CIA/CDC, total military control, and a vaccine in which Gates and Fauci had already invested enormous resources. Crimson Contagion 2019 specifically avoided off-label therapeutic possibilities. Event 201 practiced removal/canceling of vaccine critics from all social media platforms and coordinated all parts of government, media, corporations, foundations, and academies. This is a partial list (https://tinyurl.com/49baxd9k).
All aspects of the COVID-19 pandemic, including a shortage of masks and number of deaths, were predicted.
Unnatural Origin?
A 2015 book, The Unnatural Origins of SARS and Man-Made Genetic Weapons of New Human Viruses, edited by Dezhong Xu and Feng Li, published by the Military Medical Science Press (Beijing), provides extensive historical and scientific background regarding the SARS-CoV-1 virus.
According to the translators’ 2021 foreword, “This book serves as a framework and protocol to guide the PLA [People’s Liberation Army] to create SARS-CoV-2, or COVID-19, which is a ‘contemporary genetic bioweapon.’” They also state that another purpose is to “cover up its earlier publication in Nature back in 2013 revealing the true origin of SARS-CoV and…to shift the blame to other countries, like the United States.”
The translators ask, but do not answer, whether the COVID vaccine is also a genetic weapon (ibid.).
Nominating Committee Report
The slate to be presented at the Springfield meeting is:
President-elect: Jane Hughes, M.D., San Antonio, TX
Secretary: Lawrence Huntoon, M.D., Ph.D., Lake Eden, NY
Treasurer: Tamzin Rosenwasser, M.D., Venice, FL
Directors: Richard Amerling, M.D., St. Augustine, FL; Janis Chester, M.D., Dover, DE; Phil Eskew, D.O., J.D., M.B.A., Jonesborough, TN; Albert Fisher, M.D., Oshkosh, WI; David Levine, M.D., Columbus, GA; Vicki Wooll, M.D., Boise, ID.
[pdf-embedder url=”https://www.usacitizensnetwork.com/wp-content/uploads/2022/07/aapsedfnd-v-abim-abog-abfm-dhs-7-12-2022.pdf”]
“The first panacea for a mismanaged nation is inflation of the currency; the second is war. Both bring a temporary prosperity; both bring a permanent ruin. But both are the refuge of political and economic opportunists.”
Ernest Hemingway
GAO Reports Political Interference on COVID
A 37-page report by the U.S. General Accounting Office warned that American federal agencies that have managed the pandemic public policy response (including vaccine and drug development) have no mechanism to stop political interference in scientific decision-making and no mechanisms for receiving whistleblower reports. These agencies include the CDC, the FDA, the NIH, and the Office of the Assistant Secretary for Preparedness and Response (ASPR). A GAO investigation, involving semi-structured interviews and a confidential hotline, found many instances of such interference. Employees said they did not report because they feared retaliation, were unsure about how to report issues, or believed agency leaders were already aware (https://tinyurl.com/2d46emjn).
COVID: Crisis of the Administrative State
The administrative overreach, dishonesty, mismanagement, and ethical breaches throughout the crisis result from a perverted bureaucratic system of governance, which is completely insulated from functional oversight by elected officials, writes Dr. Robert Malone. “The arc of the history of the COVID crisis encompasses collusive planning between a wide range of corporate interests, globalists, and the administrative state (Event 201); subsequent efforts to cover up administrative state culpability in creating the crisis; followed by gross mismanagement of public health policies, decision making, and communication all acting in lockstep with the preceding planning sessions” [see above].
Within the agencies, he explains, “In a Machiavellian sense, these senior administrators function as The Prince, each federal health institute functions as a semi-autonomous city-state, and the administrators and their respective courtiers act accordingly. To complete this analogy, congress functions [like] the Vatican during the 16th century, with each Prince vying for funding and power by currying favor with influential archbishops.”
Dr. Malone examines the legal underpinnings and the history of these developments. Since the 2001 anthrax spore incidents, “HHS has increasingly been horizontally integrated with the intelligence community as well as with the Department of Homeland Security to form a health security state with enormous ability to shape and enforce ‘consensus’ through widespread propaganda, censorship, ‘nudge’ technology and intentional manipulation of the ‘Mass Formation’ hypnosis.”
Dr. Malone warns of “inverted totalitarianism” and the fusion of mega-corporations with the administrative “deep state,” of which HHS is the leading branch (tinyurl.com/4wasm2u9).
Not just our profession, but the American system of government is at stake.
AAPS Calendar
October 13–15. 79th annual meeting, Springfield, MO. https://aapsonline.org/2022am
ACTION OF THE MONTH
The AAPS Educational Foundation offers scholarships to medical students and residents to attend our annual meeting. Have interested persons contact us at aaps@aapsonline.org.
FDA Crusade against Ivermectin Illegal
The Food and Drug Administration’s relentless effort to cause doctors to shun ivermectin appeared to be a misinformation campaign instituted at the top of the agency. Dr. Ben Carson and attorney C. Boyden Gray write that this violated “both fundamental ethics and the law.” Congress was explicit in its intentions in the Food, Drug, and Cosmetic Act that the FDA was not to “interfere in the practice of medicine, which includes prescribing drugs off-label.” The FDA also pressured umbrella boards and licensing organizations to, in turn, pressure their members on a state-by-state basis to avoid the drug.
The agency displayed “insatiable arrogance,” refusing “to be satisfied with its authority over market entry and labeling, and instead tried to commandeer the role of doctors in treating their patients as well” (https://tinyurl.com/4rj6tnjn).
FDA Empowers Pharmacists, Bans Doctors
“In 2021, we witnessed one of the most remarkable dynamics unfold in the history of American medicine,” writes Daniel Horowitz. “An order came down through the corporate pharmacy cartel to start illegally practicing medicine by denying prescriptions written by doctors to treat COVID patients…. It wasn’t just ivermectin and hydroxychloroquine, but doctors had prescriptions for antibiotics, steroids, and nebulizer treatments denied because ‘there are no treatments for COVID’” (tinyurl.com/yrhysks5).
Then, in July 2022, the FDA approved any pharmacist to “prescribe” Pfizer’s Paxlovid on the spot without a prescription!
AMA president, Jack Resneck, Jr., M.D., writes: “Paxlovid is an important treatment and critical tool in the fight against COVID-19.” But, “whenever possible, prescribing decisions should be made by a physician” (https://tinyurl.com/ymyh2dvj).
Horowitz notes that there are no long-term safety studies on Paxlovid, and it contains an AIDS drug, ritonavir, which has an FDA black-box warning for potential death when prescribed with several fairly common drugs that seniors might be taking.
He concludes that “if a certain product becomes part of the ‘spirit of the age,’ all laws, prudence, science, and medical norms are thrown out the window in order to promote the new idol.” Pharmacists admitted to him that they gave shots to patients in age cohorts not yet authorized. However, if a product might challenge the idol of the age, then no law or social, scientific, or medical norm will stop them from banning the drug.
Doctors Sue Twitter over Censorship
Dr. Robert Malone, Dr. Peter McCullough, and Dr. Bryan Tyson have filed a lawsuit against Twitter, alleging that the social media giant silenced them for posting truthful information about COVID-19. While admitting that as a private company Twitter is not bound by the First Amendment, it is bound to follow its own policies. Truthful tweets do not violate those policies (https://tinyurl.com/ywrch2sk). A letter from the doctors’ attorney states: “Twitter received express and implied threats from government officials to censor certain viewpoints and speakers, lest Twitter face the amendment or revocation of Section 230, or antitrust enforcement. This was a financial decision for Twitter” (https://tinyurl.com/2jhbzb82).
Tip of the Month: If you receive a letter from a specialty board threatening to discipline your board certification, which many who have publicly criticized the Covid vaccine have received, then compel the specialty board to follow its own procedures. It should provide you with all of the documentation that it has to show that any statements against the vaccine were false. So far specialty boards have failed to provide such documentation, even though their procedures require it. Contact AAPS for our templates of responses. Consider citing statements against Anthony Fauci by Sen. Rand Paul, M.D. All physicians have a First Amendment right to speak about matters of public policy, including criticizing government officials, and we are defending against this unfair retaliation by specialty boards.
Court Rules: Canadians Can’t Have Private Care
British Columbia’s highest court has dismissed Dr. Brian Day’s appeal of the decision that denied the right of Canadians to pay for private care when waits for public care became too long (AAPS News, August 2021). The B.C. Court of Appeal ruled that the long waiting times in the public system did violate the patient plaintiffs’ fundamental rights under the Canadian Charter of Rights and Freedoms: “The risk of death has increased for an unknown number of individuals suffering from life‑threatening conditions who wait beyond the benchmark for certain procedures and who, but for the impugned provisions, would otherwise have been able to access private care and mitigate the wait.” But the breach of their rights is justified to protect those who can’t afford private care, the justices found.
Dr. Day opened the Cambie Surgery Center in 1996, and the legal saga began in 2009. He is expected to appeal to the Supreme Court of Canada (https://tinyurl.com/29h4e839).
COVID-19 Rulings
Punishment of USAF Members Blocked. U.S. District Court Judge Matthew McFarland issued a temporary restraining order preventing the Biden administration from taking any action for at least 14 days against any Air Force member who submitted a verified request for religious exemption from the COVID-19 vaccine since September 2021. The ruling also grants “class status” to all the 12,000 airmen whose requests for religious exemption were denied or not yet acted upon. Only 104 applications have been approved (https://tinyurl.com/485dwkbt).
New York Quarantine Rules Unconstitutional. Acting Justice of the Supreme Court of Cattaraugus County (N.Y.) Ronald D. Ploetz struck down the COVID-19 Isolation and Quarantine procedures, known as Rule 2.13, enacted by the Hochul administration with no debate or authorization from the legislature. Persons could be involuntarily detained at home, or in residential or temporary housing, subject to what the public health authority determined to be “appropriate” conditions.
Judge Ploetz stated that the rule merely gives “lip service” to constitutional due process: “Involuntary detention is a severe deprivation of individual liberty…. [It] may have far-reaching consequences such as loss of income (or employment) and isolation from family.” He added that there was “no scientific data or expert testimony” to back up the rule (tinyurl.com/49uamhty).
The Hochul administration has appealed the ruling.
Correspondence
“Flipping” Healthcare. Like people who “flip” houses to make a big profit, some of private equity firms “flip” entities that control the practice of medicine for profit. According to NBC News, more than 40% of the country’s hospital emergency departments—the biggest net generator and a huge profit center for most hospitals—are overseen by for-profit care staffing companies owned by private equity firms (tinyurl.com/4e9akwnd). These companies decide how many patients a doctor must see, can direct some of the testing protocols, and can determine what kind of “provider” will see a patient. To circumvent laws in 33 states that require medical care to be provided by entities owned by licensed practitioners, the firms simply pay a physician to put his name on ownership documents. If a physician dares to complain that patients are being harmed, he is summarily fired and told: “There is a responsibility as the corporate representative to support the corporation’s objectives.”
Lawrence R. Huntoon, M.D., Ph.D., Lake View, NY
Canadian Doctors Are Sorry, but…. they do not know what to do as they will be cancelled and fired, and lose income and their careers. Many met with me and said they feared for their safety. They “had to go along.” Many doctors in Ontario use early treatment themselves or for their families and have fake vaccine cards—perhaps at least two on the College of Physicians and Surgeons Ontario board, who took medical doctors’ licenses away for using early treatment and giving medical exemptions.
Paul Elias Alexander, Ph.D., https://tinyurl.com/mrxb9rzk
Vaccine Skepticism Grows. Through the course of my career, I never questioned vaccines. I assumed they were safe and effective; it wasn’t my area of research. When I was asked to support a vaccine, like the 13-valent pneumococcal vaccine in adult medicine, I did so. But with what has happened with COVID, I have begun to question other vaccines. I found that the efficacy for that pneumococcal vaccine for protection against hospitalization and death is 9%! Standard acceptance criteria would be at least 50% vaccine efficacy, and it should last at least a year. Even the generally uncontroversial pneumococcal and influenza vaccine are nowhere close to being acceptable. I’m dropping them (https://tinyurl.com/4367tfrv).
Peter A. McCullough, M.D.
Progress. Medical care became insurance care became healthcare became government care, and then there was no care.
Craig M. Wax, D.O., Mullica Hill, NJ
Accessories by Silence. How many lives were lost because of bureaucratic medical and health system malfeasance? James Stansbury’s compelling analysis (tinyurl.com/4wz874fk) mirrors the points made by Dr. Peter McCullough. Not only the actively malignant CDC and NIH but also organized medicine and corporate medicine were complicit. Consider the remarkable benefits of early treatment in India. Despite poverty, an ethical medical profession serves patients better than an affluent but corrupt system that censors and harasses dissenters. At what point does the system’s conduct become criminal?
John Dale Dunn, M.D., J.D., Brownwood, TX
All Your Data. The Left’s latest strategy to bring Marxism into medicine is via Social Determinants of Health (SDOH). I learned from congressional staff that SDOH, which is advanced by the American Recovery Act, is “popping up everywhere” in legislation. Every detail of your life (education, housing, food, transportation, etc.) is deemed part of SDOH and thus a target for government intervention and intrusion.
Twila Brase, R.N., cchfreedom.org
Harmful Use of Data. The CIA has a secret bulk data collection program, authorized under Executive Order 12333, without any of the oversight that comes with Foreign Intelligence Surveillance Act (FISA) data collection, write Sen. Ron Wyden (D-Ore.) and Sen. Martin Heinrich (D-N.M.). The COVID crisis has been used to usher in new surveillance measures, as well as new definitions as to what is a domestic terrorist (such as being critical of the public health response). And data—such as was collected when I obtained a security clearance—has leaked and could be used by state-sponsored media, hackers, and foreign governments for nefarious purposes (tinyurl.com/2p893h5x).
Robert W. Malone, M.D.
Access to Energy Saved—for Now. On Dec 31, 2021, the UN Security Council moved to vote on a climate-change resolution that would have significantly expanded the criteria for UN intervention in armed conflicts. It is claimed that 100 countries support it. Members who failed to take “drastic” measures recommended by “experts” to “green” their economies immediately would have been considered aggressors against global governance. Russia vetoed the measure. India and China abstained. These three countries, with one-fifth of the world’s land surface and almost half its population saved hydrocarbon fuels. I am not sure who or what is going to save a weakened America from its Marxist regime in control in Washington, D.C.
Ileana Johnson, Ed.D., https://tinyurl.com/ycux3dmc
