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An American Affidavit

Wednesday, August 30, 2023

March 15, 2023 and May 11, 2023 HHS Dictator-Secretary determinations and declarations.

 


March 15, 2023 and May 11, 2023 HHS Dictator-Secretary determinations and declarations.

Orientation for new readers.


Reader comment:

I am trying to track the actual cite that shows that through HHS Secretary continuing authority, the CV emergency has not truly been lifted. Any help would be appreciated.


Key premises:

The US Health and Human Services Secretary (first Alex Azar, now Xavier Becerra), by Congressional authorization under Congressionally-repealable statutes (42 USC 247d/Public Health Service Act Section 319, 21 USC 360bbb/Food Drug and Cosmetics Act Section 564 and related) has been the de facto administrative dictator of America, directing a covert mass murder campaign, since January 2020.

Azar and Becerra’s lethal power has been consolidated under the many mutually-reinforcing Covid-19 “public health emergency” lies, deceptions and illusions promulgated by government and government media outlets.

From time to time, the HHS Secretary issues new unilateral, unreviewable administrative decrees to reinforce and expand his covert ongoing dictatorship.

The most recent (that I’m aware of, I haven’t checked recently for updates) — are these two, issued by unindicted war criminal Xavier Becerra effective March 15, 2023 and May 11, 2023:

There is a lot more information in those two administrative decrees, and their many precursors, than the parts I’ve excerpted below.

New dictator offices and immune-system-destroying biochemical weapons development and deployment programs have been created and funded in the last few months:


Excerpts from the March 15, 2023 determination and declaration decrees:

Section II: Determination by the Secretary of Health and Human Services

On February 4, 2020, pursuant to his authority under section 564 of the FD&C Act, [21 USC 360bbb] the Secretary of HHS determined that the circumstances in section 564(b)(1) exist because ‘‘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).’’ 85 FR 7316…


KW note: The following paragraph promulgated as decree by the HHS Secretary is a series of false statements, commonly known as lies.

Because of the legal structures established and not yet repealed by Congress, there is currently no process for Congress to hold meaningful hearings to review evidence that would establish the truth or falsity of the HHS Secretary claims and legislatively override his decrees [42 USC 247d-6d(b)(9)] and there is currently no access to federal courts to review evidence that would establish the truth or falsity of the HHS Secretary claims and judicially nullify or void his decrees. [42 USC 247d-6d(b)(7).]

The only move available to Congress is repeal of the enabling laws, to strip the HHS Secretary of the power he currently holds, with which he can and is lying to Congress, and lying to, torturing and killing the American people, with legal impunity.


…It is now well established that SARS– CoV–2 is constantly evolving and continues to be an ongoing challenge. As of January 30, 2023, SARS–CoV–2 has led to over 753 million cases of COVID–19, including 6.8 million deaths worldwide. This is due, in part, to variations in the virus that may allow it to spread more easily or make it resistant to treatments or decreased vaccine effectiveness. There is also a risk that eventually a variant will emerge that will escape the protection provided by the current generation of vaccines against severe disease. For example, the SARS–CoV–2 Omicron variant has continued to evolve into sublineages with additional mutations in the spike glycoprotein and the receptor binding domain. Evolution of the virus also raises similar concerns about the continued efficacy of certain categories of therapeutics, such as monoclonal antibodies. The distribution of Omicron sublineages varies at different points in time in different regions of the world. The large number of mutations in the Omicron variant sublineages and the ongoing evolution of the virus remain a concern for potential evasion of vaccine immunity.

In light of this, I have now amended the February 4, 2020 determination to recognize the fact that there is ‘‘a public health emergency, or a significant potential for a public health emergency, that affects, or has a significant potential to affect, national security or the health and security of United States citizens living abroad’’ and that involves a biological agent, namely the novel (new) coronavirus (nCoV) first detected in Wuhan City, Hubei Province, China in 2019 (2019–nCoV, or SARS–CoV–2).

If the current conditions change such that there is no longer a ‘‘public health emergency’’ within the meaning of section 564, the section 564(b)(1)(C) determination would remain in place because I have determined that there is also a ‘‘significant potential for a public health emergency’’ under that section.

This avoids the need to issue a new determination under section 564 when there is no longer a ‘‘public health emergency,’’ but there is still a ‘‘significant potential for a public health emergency’’ involving SARS–CoV–2.

The four previously-issued section 564 declarations that refer to the February 4, 2020 determination have not been terminated by the Secretary because, among other things, the circumstances described in section 564(b)(1) continue to exist—i.e., COVID–19, a disease attributable to SARS–CoV–2, continues to present a public health emergency, or a significant potential for a public health emergency, that affects, or has a significant potential to affect, national security or the health and security of United States citizens living abroad. Consistent with section 564(f), the currently-in-effect Emergency Use Authorizations (EUAs) issued under those section 564 declarations remain in effect until the earlier of the termination of relevant section 564 declarations under section 564(b), or revocation the EUAs. Therefore, these EUAs continue in effect…”

Section III. Declarations of the Secretary of Health and Human Services; EUAs Issued Under the Declarations

Based on the February 4, 2020 determination, in February and March 2020, the Secretary of HHS, pursuant to section 564 of the FD&C Act and subject to the terms of any authorization issued under that section, declared that circumstances exist justifying the authorization of emergency use of: (1) in vitro diagnostics for detection and/or diagnosis of this novel coronavirus, 85 FR 7316; (2) personal respiratory protective devices, 85 FR 13907; (3) other medical devices including alternative products used as medical devices, 85 FR 17335; and (4) drugs and biological products, 85 FR 18250.

These section 564 declarations continue in effect. Specifically, under section 564(b)(2)(A), a declaration made under section 564 will not terminate unless the Secretary determines that ‘‘the circumstances described in [section 564(b)(1)] have ceased to exist,’’ or there is ‘‘a change in the approval status of the [authorized] product such that the circumstances described in subsection (a)(2) have ceased to exist.’’ Section 564(b)(2)(A) of the FD&C Act.

The first basis for termination is not met because the circumstances described in section 564(b)(1) have not ceased to exist; to the contrary, as described above, I have determined that the circumstances described in section 564(b)(1)(C) continue to exist.

The second basis for termination is not met because each declaration covers many products, or emergency uses of products, at least some of which remain ‘‘unapproved’’ within the meaning of section 564(a)(2).

Consistent with section 564(f), the EUAs issued under these declarations remain in effect until the earlier of the termination of relevant section 564 declarations or revocation of the EUAs. Accordingly, the currently-in-effect EUAs issued under the section 564 determination/declarations for COVID– 19 also continue in effect…


Excerpts from the May 11, 2023 Eleventh Amendment to Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID–19 decrees:

Summary:

The Secretary issues this amendment pursuant to section 319F–3 of the Public Health Service Act [42 USC 247d] to update the determination of a public health emergency and clarify the disease threat…

Declaration, as Amended, for Public Readiness and Emergency Preparedness Act Coverage for Medical Countermeasures Against COVID–19

To the extent any term previously in the Declaration, including its amendments, is inconsistent with any provision of this Republished Declaration, the terms of this Republished Declaration are controlling. This Declaration must be construed in accordance with the Advisory Opinions of the Office of the General Counsel (Advisory Opinions). I incorporate those Advisory Opinions as part of this Declaration. This Declaration is a ‘‘requirement’’ under the PREP Act.

Section I. Determination of Public Health Emergency

42 U.S.C. 247d–6d(b)(1)

I have determined that the spread of SARS–CoV–2 or a virus mutating therefrom and the resulting disease COVID–19 constitutes a credible risk of a future public health emergency.

I further determine that use of any respiratory protective device approved by NIOSH under 42 CFR part 84, or any successor regulations, is a priority for use during the public health emergency that former Secretary Azar declared on January 31, 2020 under section 319 of the PHS Act for the entire United States to aid in the response of the nation’s healthcare community to the COVID-19 outbreak.

Section II. Factors Considered

42 U.S.C. 247d–6d(b)(6)

I have considered the desirability of encouraging the design, development, clinical testing, or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, and use of the Covered Countermeasures…

Section VIII. Category of Disease, Health Condition, or Threat

42 U.S.C. 247d–6d(b)(2)(A)

The category of disease, health condition, or threat for which I recommend the administration or use of the Covered Countermeasures is not only COVID–19 caused by SARS–CoV– 2, or a virus mutating therefrom, but also other diseases, health conditions, or threats that may have been caused by COVID–19, SARS–CoV–2, or a virus mutating therefrom, including the threat of increased burden on the healthcare system due to seasonal influenza infections occurring at the same time as COVID–19 infections, which will lead to an increase in the rate of infectious diseases…”


Related Bailiwick reporting and analysis:




Saint Augustine in His Study. Painting by Sandro Botticelli

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