BIDEN ADMINISTRATION SUED IN FEDERAL COURT TO STOP FORCED VACCINATIONS OF US MILITARY~AFLDS Files TRO Against Department of Defense to Block COVID Vaccine Mandate
America’s Frontline Doctors Claims Strict Legal Tests Have Not been Met to Force Vaccinations on Largely Young, Healthy Americans Using EUA-Only Approved Drugs
republished below in full unedited for informational, educational & research purposes:
DENVER, CO – In an effort to protect the more than 1.8 million members of the United States Armed Forces from being stripped of their legal right to Informed Consent, America’s Frontline Doctors has filed the first lawsuit against the US Department of Defense to stop its planned COVID-19 vaccine mandate. The Declaratory Judgment action was filed by a team of lawyers working with AFLDS on behalf of two named plaintiffs who assert their rights under 10 USC § 1107 are being violated by the Biden Administration over forced vaccinations using an injectable not fully approved by the FDA.
Lawyers for the Plaintiffs filed their Complaint in the Federal District Court of Colorado naming the Department of Defense and the Department of Health and Human Services as defendants in the action.
“The law is clear on this subject. Only upon completion of a rigorous set of prerequisites may the President of the United States alone, waive the Informed Consent requirements under the law and only in very limited and specified instances where a specific mission requires it and consent is otherwise impossible to obtain,” said Todd Callender who is acting as lead legal counsel.
No military or national security circumstance at this time would permit a blanket mandate of military forces. AFLDS notes that the mortality rate for COVID-19 for age groups comprising the vast majority of the military is extremely low.
“There are well documented, primary conclusions drawn from both the medical science and the legal analysis,” states Dale Saran, also a veteran military lawyer who has been successful in a similar case. “It is illegal to skip steps in a lengthy and compulsory process that the President must undertake prior to depriving these individuals of their right to consent.”
Saran says in addition the Administration’s order ignores other safe, approved preventative measures servicemembers can use like Ivermectin and that the mandate entirely ignores natural immunity, for which there is an express exemption from inoculation in the military regulations (see AR 40-562), which has existed for more than a century.
“These are the brave folks our nation counts on to protect us. We need to protect their rights. America’s Frontline Doctors is grateful for the courageous plaintiffs who have traded their anonymity and potentially their careers to stand up for their fellow service members in all branches of the Military,” states Michael Hamilton, AFLDS Legal Director. AFLDS is defending the rights of our military members at no cost to the Plaintiffs or class of plaintiffs.
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AFLDS Files TRO Against Department of Defense to Block COVID Vaccine Mandate - America's Frontline Doctors
republished below in full unedited for informational, educational & research purposes:
America’s Frontline Doctors Files Petition for Temporary Restraining Order to Prevent Harm to U.S. Military from Defense Department COVID Shot Mandate for Those with Existing Immunity
DENVER, CO – With mandates being used to force healthy and COVID-recovered soldiers to accept experimental gene therapies and the threat of court-martials looming over America’s bravest men and women, America’s Frontline Doctors (AFLDS) filed a Temporary Restraining Order (TRO) today as an emergency measure to prevent immediate harm. The filing follows the AFLDS complaint filed on Aug 23 in Colorado Federal District Court against the Department of Defense to protect the COVID-recovered in all branches of the military. Today’s legal action is reminiscent of the successful legal actions that blocked a similarly misguided military order in 2003 to mass vaccinate young healthy soldiers with a very dangerous anthrax vaccine.
AFLDS Legal Director Chris Dunn said: “The Biden administration’s outright disdain of the US Military is on full display. The blood of so many brave American soldiers needlessly killed during the precipitous withdrawal from Afghanistan is on its hands. Now they seek to force on every member of the military an injection from which they will derive zero benefits but that carries real risks of serious harm, including death. Long-term adverse effects are unknown. The three mRNA injections currently ‘approved’ are ineffective against the dominant delta variant. And there is growing evidence that vaccination worsens the infection.”
The original complaint has not yet been heard on the merits, however, the pressure and coercion being applied to military personnel around the country without regard to their individual existing immunity, current medical condition, and related risk factors, has prompted AFLDS to take more urgent action. The TRO is seeking immediate protection for soldiers being put in harm’s way by reckless mandates which fail to recognize elevated risks for those with previous infections and other medical considerations.
“The safety of America’s soldiers and our military readiness is currently under attack” stated AFLDS Legal Counsel Todd Callender. “The DoD is abusing its authority and creating an inappropriate environment of coercion. Targeting soldiers who are COVID-recovered with unscientific policies that ignore both the science and the law in a way that harms these soldiers is a dangerous exercise that must be immediately halted.”
Current military law provides explicit medical exemptions for personnel with existing immunity as shown by documented infection. In a shocking dismissal of the law, Secretary of Defense Lloyd Austin stated “Those with previous COVID-19 infection are not considered fully vaccinated.” He insisted they comply with the mandate. “This is illegal on its face, and an arrogant contradiction of previously codified protections to guard the health and safety of America’s fighting force,” stated Dunn. “Such an ignorant statement about basic immunology by a Cabinet Secretary who is tasked with safeguarding the health of our military is stunning.”
Active military personnel without co-morbidities statistically have a near-100% survival rate for COVID-19, even if left untreated—and there is a large and continually growing body of evidence showing the efficacy of early treatment with medications that have been approved by the FDA for decades, with impeccable safety profiles. There have been 12 COVID deaths and 27 motor vehicle deaths in our military.
AFLDS contends that forcing universal acceptance of new therapeutics which still lack long-term safety data by soldiers with such a low-risk profile is not only senseless but potentially dangerous and entirely impermissible under current law providing for reasonable medical exemptions. The organization believes there is a real and substantial risk of severe harm, most concerning is myocarditis which can lead to death or permanent disability.
Dr. Richard Amerling, Associate Medical Director at AFLDS said: “The experimental shots are associated with a real and substantial risk of severe harm. The most concerning in the healthy young soldier population is myocarditis which can lead to death or permanent disability. The chances of myocarditis or pericarditis is statistically insignificant in the young unless they have been vaccinated.”
AFLDS expects a positive ruling to enforce the TRO as a necessary measure to prevent needless harm to soldiers with relevant risk factors that merit a medical exemption. If this is denied for any reason, however, the initial complaint filed to protect military personnel with medical conditions deserving of an exemption will continue its way through the federal court process, to be fully considered on the merits and given a complete ruling.