Breaking: The lawsuit v Pfizer by TX Attorney General, Ken Paxton is dismissed

PREP Act and EUA law pre-empt civil lawsuits. These suits are theater/political campaigning. AGs serious about prosecution should bring criminal charges, not civil complaints.

Happy almost New Year to all my readers and your families!

I hate to do this on the New Year’s eve - bring you disappointing news, and yet another “I told you so”, but I feel this is important information which may be overlooked during the holiday time. The AG Paxton’s (TX) case against Pfizer for deceptive marketing practices under TX law has been dismissed. The judge cited PREP Act as the reason for dismissal as it pre-empts state law and regulatory authority.

Link to court filing.

The AG of Kansas filed a very similar lawsuit in the summer of 2024, which I am certain will be dismissed, too.

Both

Katherine Watt

and I have written extensively about Prep Act and EUA law, describing them as the wall of the legal kill box that must be dismantled before any justice and accountability can begin for the covid crimes. As HHS Scy, RFK Jr can terminate the PREP Act declarations for covid and other fake “pandemic” emergencies (now active until end of 2029), but the PREP Act itself must be nullified by legislators. States can nullify the federal law, and the US Congress can act, too. AGs of states have authority to bring criminal charges, instead of filing pointless civil complaints.

Here are key materials from Katherine every attorney and plaintiff should know by heart now:

Orientation for new readers; American Domestic Bioterrorism Program; Tools for dismantling kill box anti-law

Here I am re-posting previous articles with mine and Katherine Wat’s analyses of the lawsuits by AGs of TX and KS, published in 2023-2024.

AG of Kansas suing Pfizer! Justice almost here... It's happening...

I was asked by many readers to comment on the recent lawsuit by the Attorney General of Kansas against Pfizer for violating state’s deceptive marketing laws and injuring consumers.

Just a reminder, friends, I told you so many months ago:

For the brief answer to the current case by AG of KS, I am going to quote Katherine here, because I completely agree with her.

KS AG lawsuit v Pfizer:

In my view, it’s another nothingburger/distraction from public health emergency kill box laws and contracts (federal, state, local, international) and the criminal cabal comprised of DoD, HHS, FDA and pharma manufacturers, jointly engaged (with many other government agencies, and NGOs) in intentional worldwide poisoning campaigns.

Like Texas/AG Paxton v. Pfizer, the Kansas case is being brought under state consumer product/consumer protection laws.

Covid vaccines are not consumer products.

They’re not subject to consumer protection or deceptive marketing laws.

Pfizer is not a private company.

In the PREP/EUA/DPA context, under PREP Act and Defense Production Act, Pfizer is a branch of the US government, and therefore immune from suit.

Pfizer never had any legal obligation to conduct valid clinical trials or report valid, truthful safety and efficacy data to FDA or to the public.

FDA is not a regulatory agency.

FDA is a regulatory-simulation agency, with a mission to deceive the public into believing the lies that regulation of unregulated and unregulatable, undefined and undefinable biological products has occurred in the past, is occurring in the present and will occur in the future.

FDA has never had any legal obligation to supervise valid clinical trials for biological products, vaccines or EUA products, ensure the validity of safety and efficacy claims, or apply or enforce cGMP manufacturing rules to ensure safety, efficacy and purity of products to be distributed and used.

Prior reporting on TX v Pfizer lawsuit:

AG of Texas, Ken Paxton files a complaint against Pfizer's deceptive marketing

Pfizer moves in TX v Pfizer

Here is a more detailed analysis of this lawsuit, and the spin narratives around it being hastily proposed on social media for lazy audiences.

Responding to journalists’ questions on why he is suing Pfizer and not other covid vax manufacturers, AG Kobach produced this spin narrative (he actually lied, because he cannot claim incompetence in this). AG Kobach said he is suing Pfizer and not other pharmas because, according to him, Pfizer wasn’t part of the Operation Warp Speed, and did not have enough government supervision! Therefore, they were able to lie and hide the adverse events data from the government.

You can view the video of AG Kobach in this post, where Karen Kingston promotes the same false narrative:

Why Are 5 STATES SUING PFIZER and NOT Moderna?

These statements by the AG are not true. That’s a shame. Let’s review. He is lying when he says Pfizer wasn’t part of the Operation Warp Speed:

1. Pfizer was working for the DOD/”whole of government” Operation Warp Speed from the very beginning:

OWS powerpoint slide from an FDA meeting in October 2020:

2. Pfizer was contracted by the DOD and OWS using Other Transactions Authority and Defense Production Authority (both used for secretive weapons purchasing) in contracts totaling up to $10B. The DOD contract with Pfizer clearly states that it is part of the Operation Warp Speed. It also famously orders a “prototype”, i.e. fraud to be delivered from Pfizer:

   

   This method of contracting during declared national emergency (i.e. state of war), and under DPA also makes Pfizer acting not as a private pharma company but as a subsidiary of the US Government. By this legal mechanism, the USG extended sovereign immunity to Pfizer. Pfizer has already invoked this in their legal defense, claiming “derivative sovereign immunity” in Brook Jackson’s case. The US Government, via DOJ also sided with Pfizer, submitting a motion asking the court to dismiss Brook Jackson’s case.

Analysis of the DOD-Pfizer contracts:

You cannot contract for a crime, but you CAN write a contract for it! Ask me how.

Part 2 of "Contracts for Crimes" - Pfizer's ATI-MCDC Technical Direction Letter

Responding to Criticism Regarding My Statements on Pfizer's DOD Contract

3. Federal courts agree that Pfizer was part of the Operation Warp Speed. Here is Judge Truncale’s decision to dismiss Brook Jackson’s case on March 31, 2023:

Brook Jackson's case dismissed by Judge Truncale.

4. President Trump was super jazzed at the prospect of spending billions from taxpayers on OWS making hi-tech poison shots that nobody needed with Pfizer and other Big Pharmas. Pfizer execs present in this meeting were likewise thrilled to be part of this corporate feeding frenzy and mass murdering exercise masquerading as “public health”:

"President Trump and Members of the Coronavirus Task Force Meet with Pharmaceutical Executives" - 3 March 2020

At 25:00 min:

Mr. President, Mr. Vice President, I'm chief scientist for Pfizer. We are very pleased to be here and for us it's been always important when our major public health threats to come together across the industry with biotechs and federal agencies. So we were highly appreciative of the initiative that you've taken in this powerful way to have all of us around this table.....

5. Pfizer to date insists (correctly) they were, indeed, part of the Operation Warp Speed, here is an article from CNN:

In response, Pfizer spokesperson Sharon Castillo provided a statement that said the company is indeed part of Operation Warp Speed.

6. Numerous press events from Operation Warp Speed/Pentagon mention Pfizer as a key participant of OWS, and often praise Pfizer for providing data early. Nobody EVER accuses Pfizer of hiding any data from the government in these press events.

So, what does AG Kobach mean when he says Pfizer wasn’t part of OWS?

He is excusing his selective prosecution by misrepresenting the fact that Pfizer had their own data safety monitoring board (DSMB) during OWS clinical trials, while the rest of the OWS participants went with the government-run DSMB. This had been, of course, agreed upon with OWS, the US Government and the DOD! Pfizer, as is normal for pharma companies, wanted to be able to access their own data during a clinical trial. The rest of OWS participants agreed to go through the government-run board. Janssen ended up having to file a FOIA to get their own safety data! (I strongly suspect this was the result of Dr. Mike Yeadon pestering Mathai Mammen, at the time head of Janssen vaccine, about adverse events). I met Mathai many years ago when he worked at Theravance, IMO he is not an evil guy, and he quit Janssen leaving potentially millions on the table shortly after this incident. Thereafter, Janssen was punished for their attempt at gaining control of their own data by the FDA suddenly finding some manufacturing problems and associating a few serious adverse events/deaths with their product.

AG Kobach says that the government-operated DSMB would have been a “good” oversight mechanism (and that’s why he is not suing Moderna).

Let’s look at the OWS DSMB that AG Kobach claims would have protected the consumers in Kansas from Pfizer’s lies:

Operation Warp Speed established a single Data Safety Monitoring Board, controlled by the NIH and BARDA.  This is unusual for clinical development where each pharmaceutical sponsor is responsible for establishing their own safety monitoring board and represents a highly significant degree of control as well as a potential for undue influence over the process. As noted above, it is the norm for each pharma clinical trial to establish their own separate DSMB. That is also a more transparent practice, as it is much harder for several DSMBs to collude and hide adverse events. Yet, OWS wanted to control all trials with one secret group of people, and this is “good supervision” in the eyes of AG Kobach.

The NIH/BARDA safety board was overseeing trials in the U.S. from Moderna, Johnson & Johnson and AstraZeneca, but not Pfizer, which was fully funding its clinical trial work and established its own five-member safety panel.  The identities of the 10-15 experts on the OWS safety monitoring board were kept secret. 

This is illustrated by the NIH presentation at the Vaccines and Related Biologicals Advisory Committee Meeting, October 22, 2020:

See the footnote - that’s where Pfizer was “separate”:

This tightly controlled single structure also meant that one board had an outsize influence to dictate which coronavirus vaccines eventually succeeded or came to a halt, all while most of their identities remained secret. The NIH declined to name them, saying they were "confidential" and could be identified only once a study was complete. That has not happened yet. Maybe time for some journalists to ask who these people were?

The identity of the DSMB chair Dr. Richard Whitley, an expert in pediatric infectious diseases at the University of Alabama-Birmingham was the only one publicly disclosed, press article. Do you know how he got that job?

He was appointed as the chair of OWS DSMB by the illustrious Dr. Anthony Fauci!

Govern me harder, daddy, says AG Kobach. If only Pfizer trial had been governed by a secret group headed by a Fauci protégé, there would have been no need for his lawsuit. Pfizer would have been properly supervised!

For the sake of completeness, I reviewed the Moderna - DOD contracts, too. There were some differences in how the DOD/USG contracted with Moderna vs how Pfizer contract was structured, but let’s remember, the DOD agreed with Pfizer about the terms and were happy to award $10B based on those terms. Moderna had 2 types of contracts with the DOD: an R&D contract and a manufacturing supply agreement (the latter very analogous to Pfizer contract). I reviewed Moderna contracts here:

The scope can be summarized as a “contract R&D services for the US Government”. The Government is ordering and paying for pre-clinical, Phase 2 and 3 clinical studies and related CMC (Chemistry, Manufacturing and Controls) development. This is different from Pfizer contract which specifically excluded preclinical, clinical trials and CMC part from the scope of the DOD contract. Some of the studies in Moderna contract - most of the animal experiments as well as the human Phase 1 trial, were to be performed by the Vaccine Research Center at the NIH. Why? I suppose, because the government is nice and routinely performs work for private corporations. That’s a joke, of course, the NIH co-own the product, get payouts from Moderna ($400M recently, split with Dartmouth), and then the government buys the product at inflated prices and forces it on all of us.

Yes you read this correctly - Moderna product is a shared property with NIH! The same NIH that set up the data safety monitoring board for the OWS fake clinical trials. Nothing to see here! No conflict! The government properly supervised their own product from which government employees make personal profit! Move along…

You can read more here:

Part 2 Moderna Contracts

And, lest you think that the US Government ordering and paying for pharmaceutical studies amounts to “good supervision” - Moderna’s animal studies demonstrated fetal deaths and malformations, which Moderna reported to the US Government. The US Government then lied on behalf of Modernal to consumers, pushing shots on young people and especially pregnant women. The FDA label to date states that there are no vaccine-related fetal abnormalities. To date, I am the only person in the world who has read Moderna preclinical package in full and reported on this.

My Affidavit on Moderna's Nonclinical Studies: Fetal Malformations in Vaccinated Pregnant Mothers

Robert Kennedy Jr thought it was newsworthy at the time. But then he started running to be the head of the executive branch of the US Government…

Next, let’s see whether Pfizer actually hid any data from the US Government, as asserted by AG Kobach.

Turns out no. The US Government agencies have always had access to nearly real-time data from Pfizer trials and all adverse events and deaths data immediately after the mass injections started in December 2020. The US Government has had access to over 11+ various databases that we, mere mortals do not have access to. The US government has always had access to Pfizer clinical trial data. It’s the public and independent researchers like me that got access to it only after a lengthy FOIA and lawsuits. For example, here is a well-publicized “Postmarketing Experience” report that Pfizer provided to HHS/FDA in February 2021, showing over 1200 deaths after vaccination and a sheer mountain of adverse events (this is just a couple of months of the vax rollout).

Was DOD/HHS/FDA/CDC concerned about this awful death and injury toll? Nope! The HHS (CDC, FDA) continued “safe and effective” propaganda, and prosecuted any hint of “vaccine hesitancy” with zeal. Yours truly was cancelled everywhere by the US Government contractors squashing dissent from the official narrative. These were not Pfizer people. Numerous “cybersecurity consultants” and “internet researchers” were hired by government agencies (in this case NYC health department), not Pfizer:

Verified on a government watchlist, at last!

They continue to do so to this day.

Pfizer disclosed data to the regulators and the government. It’s the government that wanted you dead, hired Pfizer for the job, and they continue to lie about these products together with Pfizer, of course. AG Kobach wants to pretend it’s not the case, he wants you to think the government is the good guys, and there should have been more government supervision…

Now, let’s assume AG Kobach is not misrepresenting the rationale behind his selective prosecution. In fact, I agree Pfizer lied. I just vehemently disagree with AG Kobach in regard to whom Pfizer lied to! Let’s go with the narrative that they lied and hid awful things, their vaccine is super deadly and they all deserve to be in jail (true!) However, it appears that Kobach is excusing other participants of OWS (and mRNA tech in general) and says he doesn’t have evidence of harm to the consumers in Kansas in case of those other entities. Does this lame excuse stand up to known vaccine death and injury data scrutiny?

Kansas VAERS data:

Pfizer deaths = 42;

Moderna deaths = 42! But you see, those are GOOD deaths, from the product that was properly supervised by the government! By a Fauci’s appointee. We have no evidence that they are bad deaths…

US VAERS data:

Doses administered:

Given the administered doses, Pfizer is actually relatively safer than Moderna and Janssen.

I hope you can see the AG of Kansas case for what it is - a political stunt, and a fundraising exercise, whitewashing the crimes of the Operation Warp Speed and aiming to preserve the government’s ability to repeat this crime over and over again.

And finally, in case you didn’t know: PREP Act preempts civil lawsuits like this one, but does not in theory preempt criminal prosecution. We, the citizens, cannot bring a criminal case. An Attorney General can. So, given this power, why is AG Kobach brining an empty civil complaint that he cannot win?

In case anyone wants to accuse me of not seeing some clever strategic plan, please don’t bother. It is not possible to arrive at the truth or justice by lying. This toothless case is going nowhere except protecting the US Government, the government company Moderna, the poisonous mRNA tech, OWS and Trump (who endorsed Kobach when he ran for the office of AG of Kansas).

Please do not fall for this.

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