Thank you for reading and sharing Bailiwick News by email and social media. To support Bailiwick with a paid subscription: Exchange with Jessica Hockett. Hockett responding to Edwin Chemerinsky letter to Senate, Dec. 20, 2005, on unconstitutional PREP Act
KW
JH
KW Very briefly, my understanding is that the legality is based in the absence of any legal requirement to demonstrate, with material evidence, the existence of anything. The wording of the PHE laws is such that simple statements, by the HHS Secretary, that a threat “exists,” or might exist in future, made without any testable factual claims, are legally sufficient. There is no evidence required. It’s just emergency-by-unilateral-declarations and determinations. And that’s also why the laws are specifically written to preclude evidentiary testing by courts or Congress, and to make it so that the only way that a threat can stop existing, is if the HHS secretary says it doesn’t exist anymore. There’s no legal requirement to produce any evidence to support the declaration that something exists, so there’s no evidentiary standard that an HHS secretary can be challenged for not having met. HHS secretary could say that unicorns exist, and pose a threat, and that would be enough. It’s very difficult to convey that the non-presence of provisions in the laws and the presence of provisions blocking judicial review and Congressional oversight, are more important than the provisions that are in the laws. It’s a shell game con or illusion in which there’s nothing under the cups at all, and no requirement that there be anything under the cups, and no opportunity for anyone to lift up the cups and see that there’s nothing under them. Sept. 27, 2022 - On why Biden’s comment that ‘the pandemic is over’ doesn’t lift the bioterrorist police state jackboot off our necks. March 22, 2023 - On the utility, for inducing peaceful compliance with violent globalist control-and-kill programs, of presenting fake threats as real. Plus war criminal Xavier Becerra extends the public health emergency, effective March 15, 2023, using slightly-different wording. April 11, 2023 - Biden rescinding Trump-Biden Proclamation 9994 under 1976 National Emergencies Act does not terminate Azar-Becerra’s Public Health Emergency authorities under 1983 PHE amendment to the 1944 PHSA. Becerra and his successors will extend the PHE until they no longer need it to kill people with pseudo-legal impunity. Or until Congress, federal judges or states repeal or nullify the enabling acts. Aug. 28, 2023 - March 15, 2023 and May 11, 2023 HHS Dictator-Secretary determinations and declarations. All content is free to all readers. All support — reading, sharing and financial — is deeply appreciated. |
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