Orleck: ‘Approved’ vax still EUA

Former prosecutor would accept self-defense argument for making fake vax cards

by Bob Orleck

In what appears to me to be a knee-jerk reaction by our governor to the news about the three Vermont State Police officers alleged role in producing fake vaccination cards, he has issued an order that all state employees must undergo vaccination by September 15 or be required to mask and be tested as a condition of their employment.

Bob Orleck

Since the only available vaccines are not FDA approved, the test results are unreliable and masks don’t really do anything to protect anyone, can he legally do this?  The vaccines and the PCR test are both being marketed under an Emergency Authorization Utilization (EUA), the mandating of which, since they are experimental, cannot be mandated as a condition of employment. In addition, the EUA for the PCR test, the supposed gold standard in diagnosing COVID-19 but which has resulted in so many “false positives” and flawed data, is being withdrawn from the market as of December 21st by the FDA.  

Many questions come to my mind for our governor.   Where does his authority come from for such an order? Why now?  Does his order have anything to do with the action of the three officers?  Did he order all state employees to be jabbed because of the recent FDA approval of the Pfizer Comirnaty vaccine?  Does he believe the FDA approval converts the EUA of the Pfizer-BioNTech vaccine to an approved product?  Has he planned for the state employees to receive the approved Comirnaty instead of the currently used EUA approved product?  What will happen if the employee refuses?  Is he aware that the currently used EUA approved vaccine does not protect injured users by allowing them to sue the drug company whereas the fully FDA approved Comirnaty vaccine does permit recovery for damages from injuries and death caused by it?  Does the governor believe that the FDA approval of Comirnaty to be approval of the currently used Pfizer/BioNTech product?   Does the governor believe it is legal for him to order a non-FDA approved vaccine as a condition of employment?  Is the Comirnaty vaccine being produced and available for use by September 15?

It has been just a little over two weeks since the U.S. Food and Drug Administration granted FDA approval to Pfizer’s COVID-19 vaccine, to be sold under the brand name, “Comirnaty” and people, including our governor, have been misled by the FDA and the drug companies in believing that there is an approved vaccine on the market, can be used, and since FDA approved, they can order employees to take it or lose their job.  That is not so!  Comirnaty is the approved vaccine and not the currently used Pfizer BioNTech product which, by the FDA’s own words will “continue to be marketed under the EUA, not under the new FDA full approval of Comirnaty.  For that reason, since Comirnaty is and probably will not be available for quite some time, the governor’s actions are illegal.  

It may be that the FDA has said the products can be used interchangeably, but they are wrong.  The law is for them to follow and the Congress to change.   These are two legally distinct products, and the FDA cannot make up the application of the law to allow one to be used as if it were the other.   Robert F. Kennedy Jr. in an article in “The Defender” said it clearly.  

“There is a huge real-world difference between products approved under EUA compared with those the FDA has fully licensed.  EUA products are experimental under U.S. law. Both the Nuremberg Code and federal regulations provide that no one can force a human being to participate in this experiment. Under 21 U.S. Code Sec. 360bbb-3(d)(1)(A)(ii)(III) , “authorization for medical products for use in emergencies,” it is unlawful to deny someone a job or an education because they refuse to be an experimental subject. Instead, potential recipients have an absolute right to refuse EUA vaccines.”

I believe there is little chance that Pfizer will even produce the product unless they are granted indemnity and that would have to come from the Congress and how long will that take?  So, if you are forced to get the shot, ask to see what is on the label on the vial being used.  If it doesn’t say “Comirnaty” then maybe you should be asking some hard questions yourself or see the head of your union or better yet, a lawyer.

Now back to our police officers.  Knowing what we know at this point, as a prosecutor, I believe I would exercise my prosecutorial discretion and not charge them.  If their motive is what I believe it might be, that they were trying to keep their job and protect their health, I might liken that to a “self-defense” approach to their job.  After all, if some criminal tries to kill or hurt them, the officer can use lethal force without liability.  This is so much less than that and I can relate to their concerns since the information coming from many medical people and even the CDC reporting system, VAERS, there are very serious side effects and numerous deaths being associated with these vaccines. 

I would imagine these State Troopers feel the current harassment “vaccination or else” atmosphere is a threat to their health and even their lives. Self-defense?  I say yes! No charges!  Two weeks suspension without pay and then reinstatement.  Now that’s a decision by our governor that fair people could get behind.

Bob Orleck of Randolph is a former prosecutor for the County of Maui in Hawaii, and later served as a Vermont
Assistant Attorney General. He is also a retired pharmacist.

Categories: Commentary

5 replies »

  1. Thank you Bob for consolidating an abundance of valuable and accurate facts. I am amazed at how many people have been misled to believe that the original Phizer vaccine has been approved for anything but emergency authorization use. I had to correct my own relative who believed this to be the case after watching a corporate media news channel. You have to ask yourself why this is occurring and why our leadership is implicitly or explicitly misleading the public. Why are our public health officials not setting the record straight?

  2. They shouldn’t be charged at all since the vaccination cards were for a vaccination that doesn’t exist.

  3. It’s obscene on so many levels. That we have a government that is pretending that the vax being forced on workers is FDA approved is to me, worthy of prosecution. As you pointed out, the Covid vax available now, any of them, are still under EUA only. I suspect that the vast majority of the public doesn’t know this as they get their “news” from MSM.

    While I don’t approve of forging stuff in general, if it’s done to save lives it’s ok in my book. All the same, I wish these troopers had held firm and just refused the vax; let them fire them. Truly I think they’d find better jobs outside of VT. And how many people can be fired for this anyway? We are already short of police and troopers.

  4. I find it interesting that Fauci documents via FOIA prove that he committed crimes. And subsequently the news cycle gets changed to the Biden EAU vaccine mandate. And then that discussion is mute by the news cycle covering the anniversary of 911. The FDA is fallible. We don’t care whether the FDA puts a stamp of “approval” on deadly products of the past ie: swineflu vaccine and others like Vioxx. We are very informed and educated citizens and parents of the USA will not give our consent. Traditional vaccine approval studies take 5 to 10 years of analysis to verify safety in the long term. NO Trump warp speed tactic can change that. Fact: the spike protein is dangerous to the human body per experts in the field at the Salk Institute. The vaccine makes your body produce spike protein and potentially can keep producing the protein for life through a process called gene transcription. Spike protein potentially scars blood vessels, causes capillary blood clots (test D-dime) and interferes with all functions of the body by binding to ACE2 receptors (published peered reviewed paper by Stephanie Seneff). The FDA is negligent in any approval by not addressing these concerns. It became apparent over time that VIOXX was killing people long after approval. I’ll be damned if I let this be administered to my kids given the science that is already known. The vaccine accomplishes one thing. And that is it creates antibodies against the spike protein and in the process the aftermath of the mRNA components destroy internal organs only to kill its host by what is seen to be “natural causes”. We see the vaccine in its present form to be lethal especially long term. As such, any mandate issued by authorities will be looked upon as a bodily lethal threat that requires defending against. I support these State Troopers.

  5. Bob Orleck is just the tip of the iceberg. There are tens of millions of people that have reasonably similar views. This mandate is not the end, it is the beginning. Many will get court injunctions. And when many have the right of judicial discovery in a court of law, many will uncover the false mandate being forced upon us using illusionary “color of law” which is unconstitutional bordering on corruption. Only in a court of law will the unmanipulated raw data collected by the pharmaceutical companies see the light of day. And just like Purdue was found guilty for covering up oxycodone’s addictiveness and Big tobacco covering up the dangers of smoking, this never before, experimental gene therapy concoction will be revealed to be ill conceived. From the independent studies I have read, millions will die and millions will be left with debilitating disease in the years to come and it will burden families and this country for decades to come. Governor Scott has not done his due diligence. Dr. Levine has not done due diligence and more and more people are rallying against these political Lemmings. IMHO President Biden’s mandate is a crime against humanity. As time proves that the vaccinated have been “poisoned” and that the world has been lied to, the public will demand justice and accountability. Resistance is victory. Resistance is pro humanity. Please do protect yourself from this real virus spike protein by procuring therapeutics proven safe for decades that work with your body not against it.

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