Brook Jackson's case dismissed by Judge Truncale.
Judge sides with Pfizer's lawyers and DOJ, as expected
Brook Jackson’s case under False Claims Act was dismissed yesterday, March 31 by Judge Truncale. This is very disappointing but not unexpected. I am not a law expert, and will defer to others to provide a more thorough analysis. It is my understanding from Brook and from her attorney Warner Mendenhall that they are planning to appeal.
The dismissal document is over 100 pages. I am briefly commenting only on a few things here.
Temporary link to document here
As I explained numerous times before, Pfizer’s agreement is an OTA and therefore not subject to FAR or FDA regulations, the judge points it out here, agreeing with the defendants (Pfizer, Icon, Ventavia):
Continued:
He then states that the DOD is free to injure and kill the service members whichever way they please…
This court affirms the power of “dumb military animals” (Kissinger, not me) over other “dumb military animals” (also Kissinger), especially during panicky times of “national emergency”. Because the professional military judgements are “complex and subtle”, and the courts are self-declared incompetent over that high-precision decision making process. In the military state-of-the-art logic it appears to be perfectly reasonable to permanently injure, disable and kill own personnel because of the “threat” of mostly unnoticeable flu, from which 99.9% young healthy people recover in 24-36 hours. Treatable by generic drugs and vitamins. Is it ok to permanently destroy health and careers of fighter pilots who are about $1 million+ each in training costs? This court cannot possibly say if that is a reasonable trade-off. Subtle and complex, my elbow.
Moving on…
As I said numerous times, Pfizer’s clinical trial was excluded from the scope of the DOD contract, and the judge agrees with this assessment, in favor of the defendants:
Since the FDA fake-approved the product and did not withdraw the fake-approval, all is ok, Ms. Jackson!
Also, as your correspondent pointed out repeatedly, there is no condition of regulatory compliance for covid-19 countermeasures! This is for 2 reasons: 1) Countermeasures cannot be investigational drugs; 2) the contracts exclude the compliance from scope. In this case dismissal only the latter is addressed (which is a bummer, IMO):
The judge helpfully explains that if the Government criminals decide to continue committing crimes, all they have to do to protect themselves is keep paying for the crimes:
Further, tf the Government decides to murder the citizens, all the Government needs to do to protect themselves is to keep murdering, paying for murder, and never stop. See, it’s not difficult, Ms. Jackson (and Joe citizen)!
And here is the dismissal:
While I knew this was coming, it is nonetheless heart breaking and infuriating as all of us receive this slap in the face. Brook brought this case on behalf of us, the regular people who are the victims of this crime. The crime is ongoing. All of us, and especially the injured, and the survivors of the murdered continue to be victimized, including by this decision of the court.
The benefit of this trial is that it puts in writing, by a judge, confirmation of everything that Sasha Latypova and Katherine Watt have been saying about these products being counter measures delivered as a DOD prototype, not a standard pharmaceutical product governed by a different set of regulations. Of course, that was never disclosed and seems the thing that should be the focus of the lawsuits: lack of disclosure.
So what I think we are now understanding is that DOD can concoct any prototype and deliver it as a counter measure not just to the military but to all American citizens as it sees fit to any threat it chooses to target. That part still seems an overreach of DOD authority with respect to mandates or coverage of safety, going from military to civilian.
Like you said, Sasha, this was not unexpected. The fact that her case got this far in such a corrupt, captured system is a triumph in and of itself.
Mistakes Were NOT Made (https://margaretannaalice.substack.com/p/mistakes-were-not-made-an-anthem-57a), and the colluders involved in getting this case dismissed will be held culpable.
The fight *will* go on, and we’ve got Brook’s back. Sasha, see the email I sent you a little while ago about the next stage in this battle for justice.