No one can be found in legal violation of a rule they were never required to comply with, nor can anyone be found to have failed to meet an evidentiary standard they were never required to meet.

Katherine Watt

Apr 7

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Two questions from Jessica Hockett:

Theoretically, what would happen if COVID-19 or this description thereof [from the original “Notice of declaration under the PREP Act for medical countermeasures against COVID-19” issued by HHS Secretary Alex Azar, by Federal Register notice published March 17, 2020, retroactive to Feb. 4, 2020, 85 FR 15198] were shown to be false, fraudulent, or misleading?
“COVID-19 is an acute respiratory disease caused by the SARS-CoV-2 betacoronavirus or a virus mutating therefrom. This virus is similar to other betacoronaviruses, such as Middle Eastern Respiratory Syndrome (MERS) and Severe Acute Respiratory Syndrome (SARS). Although the complete clinical picture regarding SARS-CoV-2 or a virus mutating therefrom is not fully understood, the virus has been known to cause severe respiratory illness and death in a subset of those people infected with such virus(es).”
Also, am I right that Azar was able to activate on Jan. 31, 2020 because person to person transmission was determined to have occurred in the US, vis a vis, the Chicago couple?

Nothing would happen, for three main reasons.

No. 1, there is no legal requirement that HHS Secretary produce any physical evidence at all in support of declarations. No one can be found in violation of or out of compliance with a requirement that they were never required to comply with at all, because it was never a requirement.

No. 2, there is no legal requirement that any physical evidence (which need not be presented or adduced at all, see No. 1 above) meet any legal standard of evidence or standard of proof (such as “beyond a reasonable doubt” or “clear and convincing.”) No one can be found to have failed to meet an evidentiary standard which they were never required to meet.

No. 3, there is no venue (geographic region) or forum (court or tribunal) or legislature (Congress or state legislature) or federal or state prosecutor (US-Attorney General or state attorney general or district attorney) with legal authority to review the evidence (which need not be adduced at all, see No. 1 above) or to assess whether it meets or fails to meet any evidentiary standard (which is not required, see No. 2 above).

That’s why the laws are written the way they are: to make sure that no evidence need be produced to back up foundationless and unfoundable claims that a threat to public health exists or may exist in future; and to make sure that no evidentiary review can be conducted, so that the deception programs are legally unstoppable.

In response to the second question, No.

Azar was able to activate because the PREP Act gave him unilateral, unreviewable authority to determine and declare the existence of foundationless public health threats without any legal requirement that he produce physical evidence, and without any legal requirements that any alleged physical evidence he produced (to render the projected illusion more persuasive), be subjected 1) in any fact-finding forum or venue, to 2) any adversarial, fact-finding process, or to 3) any obligation to meet any standard of proof.

The PREP Act was written to block or preempt the authority of fact-finders (courts and legislatures); to block fact-finding processes (criminal prosecution, civil litigation, investigative/oversight hearings); and to preclude legal obligations to present valid evidence and meet standards of proof.

Going a little more deeply into the wording of the PREP Act and the wording of the PREP Act declarations issued by HHS Secretaries under the authority Congress unconstitutionally transferred to the executive branch through the PREP Act, readers will find that the only “factors to be considered” by an HHS Secretary are listed at 42 USC 247d-6d(b)(6).

42 USC 247d-6d(b)(6) Factors to be considered
In deciding whether and under what circumstances or conditions to issue a declaration under paragraph (1) with respect to a covered countermeasure, the Secretary shall consider 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 such countermeasure.

“Desirability” is a non-physical characteristic, and not subject to any standard of evidence or fact-finding process.

“Desirability of encouraging” also begs the questions: desirability for whom, of encouraging the manufacture and use of countermeasures intended to induce which effects?

Congress did not define or identify, in the PREP Act, the people for whom countermeasures should be deemed (by the HHS Secretary by unilateral decree) desirable, nor did Congress define the physical effects, the induction of which (by means of countermeasures) should be deemed desirable for those unidentified people.

In the PREP Act declarations and amendments issued since 2020, HHS Secretaries have simply stated at Section I: “I have determined that the spread of SARS-CoV–2 or a virus mutating therefrom and the resulting disease COVID–19 constitutes a public health emergency” or a “credible risk of a future public health emergency” and at Section II: “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.”

With the hindsight gained over the last five years, it’s now possible to clearly see that the only factors to be considered by the HHS Secretary in issuing determinations and declarations, are the desirability for the HHS Secretary himself, for Congress, for central bankers and for depopulationists, of encouraging development, manufacture, labeling, distribution, promotion, dispensing, administration and use of countermeasures intended to induce heart failure, cancer, miscarriage and other disorders that cause sickness, infertility and premature death of recipients.

Covid-19 PHE, EUA and PREP Act notices, letters of authorization.