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Aug 182024
Sandra Finley
Aug 182024
. . . The U.S. loophole represents “an incredibly blatant example of how Canada has divested the idea of having its own independent foreign policy, and instead seems to be perfectly happy to rely on the U.S. to make decisions for us about what weaponry made in Canada can be exported anywhere in the world.”. . .
https://www.readthemaple.com/u-s-names-quebec-contractor-in-newly-approved-arms-sale-to-israel/
The Maple
“There’s absolutely no justification for their export simply due to the contracting body being the U.S. government.”
by Alex Cosh
Original graphic assembled by The Maple staff.
The United States government announced this week that a Quebec-based company will be the principal contractor in a “possible” $61-million US sale of high explosive mortar cartridges and related equipment to Israel.
According to a notice published by the U.S. Defense Security Cooperation Agency on Tuesday, “The Government of Israel has requested to buy fifty thousand (50,000) M933A1 120mm High Explosive (HE) mortar cartridges with M783 fuzes.”
“The principal contractor will be General Dynamics Ordnance and Tactical Systems Inc., located in Quebec, Canada.” The value of the potential sale, which has been approved by the U.S. Secretary of State Antony Blinken, is equal to approximately $83 million Canadian.
The goods and related equipment will be added to a previous sale valued at approximately $410,000 US, below the threshold at which the American government is required to notify Congress, according to the notice. Deliveries are expected to begin in 2026.
The potential mortar cartridge sale is part of a total of $20 billion US in weapon exports to Israel that the U.S. government announced it had approved this week.
The news shatters the Trudeau government’s repeated claims that only “non-lethal” Canadian goods have been approved to make their way to Israel since the beginning of that state’s brutal war on Gaza last October, which prompted a genocide case against it at the International Court of Justice (ICJ) back in December.
According to arms-monitoring groups, the potential sale also highlights a major loophole in Canada’s export controls, given the lack of adequate regulations over military goods that flow to other countries via the United States.
The Trudeau government announced in March that it was pausing approvals of new export permits for direct sales of military goods to Israel. However, that measure did not apply to any permits approved before January 8, or military goods that flow to Israel via the U.S.
Last month, Prime Minister Justin Trudeau falsely told a member of the public that “we’ve stopped exports of arms to Israel.”
Kelsey Gallagher, a researcher with Project Ploughshares, told The Maple: “If these transfers were proposed for export directly from Quebec to Israel, they would be denied, and there’s absolutely no justification for their export simply due to the contracting body being the U.S. government.”
“Canada has routinely made the case that it does not export what it describes as ‘lethal’ military goods to Israel. This most recent announcement clearly indicates otherwise.”
Gallagher noted that a major driver in Israel’s “disturbing disregard for human life” during its ongoing operation in Gaza has been its reliance on explosive weapons in populated civilian areas.
“We know when militaries use explosive weapons in populated areas, nine out of 10 casualties usually are civilians,” he explained.
The announcement, Gallagher said, also highlights a need for Canada to honour its obligations under the Arms Trade Treaty (ATT) by universally applying its military export control regime to all destinations, including the U.S. The current loopholes that allow goods to flow to the U.S. with little oversight are, he said, a feature of the system and not a bug.
“When we don’t see the comprehensive introduction of regulations, this is what happens,” said Gallagher.
To date, Israel’s war on Gaza has killed at least 39,965 people, including nearly 16,500 children. However, in July, an article published in the medical journal The Lancet stated that “it is not implausible to estimate that up to 186,000 or even more deaths could be attributable to the current conflict in Gaza.”
Rachel Small, an organizer with World Beyond War (WBW), said the potential mortar cartridge sale highlights an egregious example of what anti-war groups and other civil society organizations have been drawing attention to for months.
“The government is obfuscating the truth at best, or frankly, is lying about the Canada-Israel arms trade,” said Small. “This announcement destroys any notion that the Liberal government’s statements on this issue have been truthful.”
Other Canadian products that could be ending up in the Israeli military’s hands via the U.S. include components found in the American-made F-35 fighter jet, which Israel has used to conduct deadly airstrikes on Gaza.
“What is maybe unique about [the mortar cartridge] case is that we are being shown in advance the end destination for some of these products, and therefore we have an opportunity right now to intervene,” said Small.
The U.S. loophole, Small explained, represents “an incredibly blatant example of how Canada has divested the idea of having its own independent foreign policy, and instead seems to be perfectly happy to rely on the U.S. to make decisions for us about what weaponry made in Canada can be exported anywhere in the world.”
Global Affairs Canada (GAC), which is responsible for Canada’s export control regime, did not respond to a request for comment from The Maple by publication time. This story will be updated if the ministry provides a response.
General Dynamics Ordnance and Tactical Systems Inc. (GD-OTS) describes itself as “a world-class developer and manufacturer of ammunition adapted to the needs of the armed forces and law enforcement agencies.” Its Canadian branch is a subsidiary unit of the U.S.-based arms manufacturing giant, General Dynamics.
According to GD-DOTS’ website, the company is recognized by the Canadian government as “the centre of excellence for the maintenance and further development of an industrial defence capability in production.”
Gallagher explained that the company exports significant quantities of ammunition products to the U.S., and that these sales tend to fluctuate depending on whether or not the U.S. is engaged in conflicts around the world. The company also regularly supplies goods for other countries, including Ukraine, via the U.S.
However, Gallagher said there are major transparency issues around the U.S. Foreign Military Sales program, meaning that arms monitoring groups cannot be certain that all such contract awards are being made public. As well, only those that exceed the congressional disclosure threshold are revealed publicly.
It is therefore unclear whether or not other Canadian companies may be involved in such sales, Gallagher noted.
GD-OTS did not respond to a request for comment from The Maple. This story will be updated if the company provides a response.
Alex Cosh is the news editor of The Maple.
Aug 172024
PREVIOUS was: For Your Selection AUGUST 3rd, 2024.
THE SELECTIONS, AUGUST 20th
1. 2024-08-17 What Joe Rogan said
short – regarding RFK Jr for President of the U.S.
3. 2024-08-21 Our will to break-the-back of Corruption is on trial. Coutts and Ottawa
See APPENDED: the experience of other Canadians – – charges arising from the ArriveCan app. From my postings alone. The outrageous; the dismissal of charges by the Courts. Many people paid the fines, didn’t discover that the charges don’t stand up to court challenge. And that there’s help for fighting “the tickets”. This latest, the assault on the Amish community includes a lien placed on property 2 years ago, without knowledge of the owners, flowing out of the ArriveCan app.
6. 2024-08-08 LAWFARE, what is it?
7. 2024-08-21 Unwarranted criminal prosecution, definition
8. 2024-08-15 U.S. Names Quebec Contractor In Newly Approved Arms Sale To Israel
THE UPCOMING “PANDEMIC” SEASON Items #10 to #15
· Monkeypox re-branded as Mpox. Excellent article from Brownstone.
11. 2024-08-04 Covid: WHO’s Global Power Grab – Part 1
14. 2024-07-19 request to sign Consent for Support form
#14 and #15 are templates of a sort – – comprehensive, pre-emptive use of Charter Rights to NOT Consent to medical tyranny. The onslaught of propaganda has started. There may be ideas in the 2 documents that other people can use.
15. 2024-08-11 re Consent form, Reply to Rebuttal
(Re Implications. The “revealing” was not intentional! But it is very revealing to me. Distressing because these are youngish people doing this. It is as though they are oblivious to WHAT they are doing. They are using their talents to help drive the USA further into fascism. Dragging everyone else along with them.)
21. 2024-07-24 23 Year-Old Killed by Pfizer COVID Vaccine, CHD.
An interview of the parents.
22. 2024-07-24 TDF represents Dr. Hodkinson in misconduct hearing over COVID statements
From the Notice of Hearing . . . will meet virtually via Zoom on November 18, 19, 20 and 21, 2024 at the hour of 9:00 o’clock in the forenoon, . . . to inquire into and ascertain the facts of the matter of a complaint against you referred to the Hearing Tribunal, mainly:
IT IS CHARGED THAT: . . . (go to the link in the posting. It is not difficult to understand.)
(INSERT, S: Dr. Hodkinson might be better off representing himself. It will be hard to find someone as outspoken as himself!)
– – – – –
Dr. Hodkinson devotes an enormous portion of his life to helping educate people on what’s happening. He testified at the NCI Hearings in Regina at the end of March, 2024. See https://nationalcitizensinquiry.ca/witness/dr-roger-hodkinson-may-30-2024-regina-saskatchewan/
23. 2024-05-24 Defend medical privacy in Nova Scotia and all of Canada. JCCF
In case you missed it earlier.
– – – – – – – – – –
NCI (National Citizens Inquiry, Canada)
24. The Regina Hearings
Dr. Roger Hodkinson 2024-05-30: https://nationalcitizensinquiry.ca/witness/dr-roger-hodkinson-may-30-2024-regina-saskatchewan/
I try to include one of the NCI testimonies in each set of Selections. The testimonies are outstanding. (As always, it is very rare for me to agree with EVERYTHING someone says. I expect that you don’t agree with everything I say!) /Sandra
– – – – – – – – – –
APPENDED: ARRIVECAN APP POSTINGS. RELATED TO THE AMISH POSTING, Item #3 above. IN SOLIDARITY.
- Canadians seek Charter damages against Feds for ArriveCAN Enforcement
- Court hearing on if ArriveCAN constitutional challenge can proceed happening today
- 2023-07-21 Federal Court of Appeal dismisses constitutional challenge to ‘contentious’ ArriveCAN app, from Rebel News. Includes details of the $54 million price tag for ArriveCan. Also example case of Joanne Walsh.
- Crown Drops Ticket Against Pregnant Woman Who Refused ArriveCAN and PCR Test
- Justice Centre brings legal challenge against ArriveCAN and quarantine measures
- Justice Centre legal action will continue against ArriveCAN
- Vaccinated senior fined for declining use of ArriveCAN, Joanne Walsh | Stories of Brave Canadians
- 2024-07-11 Democracy Fund Covid: Fight The Fines project results in 109 withdrawn or stayed tickets
- 2024-04-01 Author exposes David Fisman’s data fabrication and ‘hate science’ to justify vaccine mandates
- 2023-11-08 Delay in Covid trial leads to stay of charge by prosecution. With thanks to the JCCF
- 2023-09-10 For your Selection, Updates on Covid Court Challenges. Numerous charges dropped during August. Big in US – an appeals Court finds that Biden Admin did censor free speech
- 2024-07-11 Covid: Ontario court rules PCR test for returning air travellers violated Quarantine Act. By Tamara Ugolini, Rebel News
- 2024-07-06 US courts across the board rule against COVID mandates. By Jen Hodgson, Western Standard
- 2024-06-10 Employees Can Sue L.A. Schools Over COVID Vaccine Mandate Because Shots Don’t Prevent Transmission, Appeals Court Rules. From CHD (the covid shots don’t meet the definition of a vaccine. I think this is a very important court decision. EQUAL TO lawyer Umar Sheikh’s work in Canada: Pharma companies in Canada are not immune to Prosecution for harm done by their products. (Pharma Corps in the USA have immunity from prosecution, but that appears to be changing.)
Aug 172024
TDF lawyers are proceeding to a disciplinary hearing on behalf of Dr. Hodkinson, who is accused of professional misconduct for his statements about the COVID-19 vaccine and lockdowns.
Written by TDF’s Legal Team 
TORONTO: The Democracy Fund (TDF) is defending Dr. Roger Hodkinson in his legal fight with respect to several complaints brought against him by the College of Physicians and Surgeons of Alberta (CPSA).
The CPSA has charged Dr. Hodkinson with professional misconduct, alleging that he wrongly commented on the efficacy of masks and social distancing in preventing the spread of COVID-19, the usefulness of vitamin D in protecting against COVID-19, the necessity and unqualified safety of COVID-19 vaccines, and the COVID-19 testing protocol.
The CPSA’s Amended Notice of Hearing setting out the allegations can be found here.
Dr. Hodkinson’s lawyer, Sarah Miller, said: “The CPSA continues to prosecute Dr. Hodkinson for expressing his opinions on the government’s response to COVID-19. We are proceeding to a five-day hearing in November for the CPSA to hear and determine whether Dr. Hodkinson breached his obligations under the Code of Ethics and Professionalism. The hearing represents a considerable use of resources to exercise authority over Dr. Hodkinson’s public expression of his closely held beliefs.”
To help Dr. Hodkinson in his legal battle, you can make a tax-deductible donation on this page.
About The Democracy Fund:
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education, and relieving poverty. TDF promotes constitutional rights through litigation and public education and supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.
Aug 172024
Please go to the video link:
WHO’s Global Power Grab – Part 1
Can we trust international institutions, like the World Health Organization, to make decisions about public health on our behalf? When it comes to their structure, leadership, formation, agenda and track record, a few questions are important in determining whether we should be giving power to these governing bodies including:
- Who funds them?
- Who runs them?
- Who elects them?
- Who supports them?
- Who holds them accountable?
- Who instituted them?
- Who is under their control?
For something as important as our bodily autonomy, our access to medical treatment, and our allocation of resources, it is critical that we know “WHO” is operating this well-oiled machine and whether they are running on ethics or their own self-interests.
Today, watch a Children’s Health Defense Africa film, “WHO’s Global Power Grab,” on CHD.TV for an in-depth look at this issue of global significance.
Aug 172024
Please go to the video:
The People’s Study
23 Year-Old Killed by Pfizer COVID Vaccine
“Thank you for allowing us to have a voice,” Kimberly tells CHD.TV viewers. She and Andy are Trent’s parents — a young man who passed away from a heart condition after receiving two Pfizer COVID shots. The days and months of pain and suffering that Trent experienced are something they wish for no one to have to undergo. Many families, however, have already been traumatized by sudden, unnecessary death after the rollout of the COVID countermeasures — deceptively claimed to be “safe and effective.” Their stories will be told.
Aug 172024
Tamara Ugolini, Rebel News.
The government of Canada is soliciting bids for the next pandemic vaccine, citing a need for readiness and supply as recommendations for influenza vaccine coverage and avian flu messaging ramp-up.
Please go to the video link:
TEXT:
Filed under drugs and pharmaceutical products, the Public Health Agency of Canada is seeking input for Canada’s pandemic influenza vaccine (PIV) readiness and supply strategy
The description reads:
To inform the development of the next phase of pandemic readiness requirements, Canada is seeking input from suppliers who may have an interest in bidding on potential future Pandemic Influenza Vaccine (PIV) Readiness and Supply contract(s) to address Canada’s short-term and/or long-term PIV readiness and supply needs.
This comes as the government of Canada, namely Health Canada, begins to ramp up seasonal flu messaging – recommending either a quadrivalent (a 4-in-1) or a trivalent (3-in-1) vaccine for those aged six months and up, calling them “clinically safe, and effective.”
As the government also ramps up pandemic potential around “outbreaks of highly pathogenic avian influenza,” they say that “seasonal influenza vaccines do not provide protection against infection with influenza A (the H5N1) viruses” but promote them anyway, citing the non-evidence-based stance that they “may reduce the risk of seasonal human and influenza A (H5N1) virus co-infection,” and “possible viral reassortment leading to a human-transmissible virus with pandemic potential.”
Showcasing the unscientific conduct of Canada’s National Advisory Committee on Immunization (NACI), they say in their full statement recommending influenza vaccines for children that “there are currently no data on the effects of long-term or repeated administration of Adj (adjuvanted) influenza vaccines in children.”
That sentence pertains to the Fluad Pediatric IIV3-Adj, an adjuvanted trivalent inactivated influenza vaccine. Still, no longer-term safety data or studies looking into the repeated administration of the current childhood vaccine schedule exist.
Under the inactivated quadrivalent vaccine (IIV4-SD) section it reads, “One (1) study assessed the efficacy of IIV4-SD in children 3 to 8 years of age,” and it was “estimated to be 59%, in comparison to children who received hepatitis A vaccine.”
It’s important to highlight here that a true saline placebo was used, but rather standard vaccine safety testing where a new vaccine is tested against an existing vaccine, to extrapolate population-level safety and efficacy, for a product that is 59% likely to change the results of a blood test that may lead to a protective immune response. This leaves recipients still gambling with natural infection potential and the inherent reactions possible from both natural infection and vaccination.
This comes as news that the World Health Organization launched a new initiative to advance mRNA vaccine development against human avian influenza (H5N1), in order to “accelerate the development and accessibility of human avian influenza (H5N1) messenger RNA (mRNA) vaccine candidates for manufacturers in low- and middle-income countries.” Utilizing the “Medicines Patent Pool (MPP) mRNA Technology Transfer Programme,” implemented in July 2021, the WHO says it’s a “vital part of… efforts to improve the availability, access, and use of mRNA vaccines for better vaccine equity globally.”
Here in Canada, the CBC state broadcaster has already noted that bird flu candidates exist – such as the GlaxoSmithKline facility in Quebec which “produces seasonal flu shots each year, and one of its subsidiaries also developed one of the country’s two authorized H5N1 shots” that are “approved for use in children six months of age and older.”
The future of modified RNA is certain, as government-funded initiatives accelerate their development such as the brand new Moderna mRNA manufacturing facility in Ontario, which the feds handed 200 million dollars of taxpayer funds to build.
This funding was expanded in 2022 as “a long-term agreement with Moderna for the domestic production of messenger RNA (mRNA) vaccines in Canada,” with the government of Canada.
Another Moderna manufacturing facility in Quebec was “made possible in part by funding from the Government of Quebec.”
Additionally, the American pharmaceutical giant, which had never brought a vaccine to market before their Spikevax COVID-19 mRNA shots in 2020, will receive $176 million in federal funds from the United States government to develop a mRNA-based vaccine against bird flu.
Aug 172024
https://www.rebelnews.com/coutts_trial_sets_precedent_for_police_self_approval_of_warrants
With the publication ban now lifted, Robert Kraychik looks at how the Coutts trial saw the defendants’ legal team successfully challenge the RCMP’s ability to authorize its own digital surveillance without a warrant from a judge.
The publication ban in the trial of Chris Carbert and Anthony Olienick that prohibited reporting on proceedings that took place in the absence of the jury has expired, given the trial’s conclusion. It expired when the jurors retired and were sequestered to begin deliberating their verdicts for the charges against the two men.
Carbert and Olienick were found not guilty of the most severe charge against them: conspiracy to murder. The Crown alleged that the two men conspired to murder police officers during their time at the 2022 Coutts protest and blockade.
Both were found guilty of unlawful possession of a firearm for a dangerous purpose given that both brought guns to Coutts from their homes, with Carbert living in Lethbridge and Olienick’s home being in Claresholm.
The two men were also convicted of mischief over $5,000 for their involvement in the blockade which intermittently obstructed cross-border vehicle traffic at the Coutts-Sweet Grass crossing linking Alberta and Montana.
Olienick was additionally found guilty of unlawful possession of an explosive device.
During pretrial proceedings, prior to the jury’s empanelment, the Crown sought to qualify Barbara Perry — a social science professor from Ontario Tech University in Oshawa, Ont. — as an expert witness to testify in the trial.
Perry’s professional profile describes her as a “global hate crime expert.” She is the director of Ontario Tech University’s Centre for Hate, Bias, and Extremism. The prosecution intended to have her provide expert testimony as evidence of Carbert’s and Olienick’s ideological, philosophical and political points of view.
Titles of Perry’s speeches over recent years include terms such as “trans identified women”, “Islamophobic”, “right-wing extremism”, “white pride”, and “hate crime”.
Justice David Labrenz, the judge overseeing the trial, rejected the prosecution’s attempt to qualify Perry as an expert witness, stating his discomfort with an ostensible expert engaging in mind-reading of the accused and relaying such assessments to jurors under a veil of authority.
During its operations at the Coutts protest, the RCMP authorized its own digital surveillance of mobile phones — phone calls and text messages — without obtaining authorization from a judge. It did so by utilizing a legal procedure allowing such surveillance warrants to be self-authorized via circumvention of the standard requirement to secure a judge’s approval.
This legal procedure requires the claim that the circumstances at play posed a threat of “imminent harm” to life and limb, and that the urgency of the circumstances made standard procurement of a judge’s authorization too time-consuming to undertake given the claimed emergency circumstances.
The RCMP utilized this “imminent harm” justification to digitally intercept communications of mobile phones at Coutts for 72 hours.
The defence teams objected to the introduction of digital communications captured via this surveillance warrant during pretrial proceedings, with Labrenz partially agreeing with them and disallowing the use of interceptions captured during the latter 48 hours of the RCMP’s surveillance.
Labrenz’s approval of the first 24 hours of the RCMP’s surveillance operation allowed for introduction of all digital communications intercepted during that time to be introduced as evidence in the trial.
This set a precedent for Canadian criminal trials, given that no evidence obtained by law enforcement in previous self-authorized “imminent harm” search and surveillance warrants had ever been contested by defence lawyers in Canada.
Aug 172024
After nearly four years of investigation and disciplinary proceedings for refusing to wear a mask due to anxiety and claustrophobia, Dr. Curtis Wall has retained his chiropractic license and can continue treating patients.
Please go to the link. The video is straight forward:
TEXT:
After nearly four years, Alberta chiropractor Curtis Wall has had his misconduct allegations secretly settled by his regulator, the College of Chiropractors of Alberta (CCOA).
“I’m pleased about it,” said Wall’s lawyer James Kitchen from Liberty Coalition Canada, who has been representing the tyrannized chiropractor since December 2020.
He’s still practicing. He likes his practice, he likes his patients. His patients like him. A lot of his new patients come to him because of this. It’s nice because he gets to help like-minded people that are looking for freedom-oriented chiropractors. People deserve to have good chiropractors that are freedom-oriented and love the truth.
Wall’s trials and tribulations began in 2020, after the CCOA implemented a no-exceptions mask mandate through a pandemic practice directive. After attempting to mask for several weeks, but struggling with anxiety and claustrophobia, Wall stopped wearing a mask from June 2020 onward.
The CCOA sought a full suspension of Wall’s license and wanted to fine him tens of thousands of dollars for his noncompliance. Despite mask science getting its day in court, with virologist and vaccinologist Dr. Byram Bridle showing how even five masks with a seal around the mouth do not stop the spread of aerosols, the college found Wall guilty of professional misconduct based on lone expert testimony by public health physician Jia Hu.
Hu is the CEO and CO-FOUNDER of 19 to Zero, a conflict-of-interest-riddled vaccine uptake group that focuses on behaviour change to coerce vaccine confidence while receiving funding from pharmaceutical companies.
In April of this year, Kitchen filed a Section 93 application to vary the charges against Wall, based on the Ingram Decision in Alberta. The decision found that certain pandemic-related public health orders breached the Public Health Act when politicians, instead of the chief medical officer of health, signed off on them.
This application highlighted that Wall was being penalized based on invalidated regulations, and sought to have the penalties placed on Dr. Wall varied or removed altogether, including an order of him to pay $65,000 in fines or risk losing his license.
When inquiring with the CCOA about the decision and requesting a copy, they stated that “Pursuant to a settlement agreement the parties entered into, CCOA will not be providing a copy of the decision. The College of Chiropractors of Alberta and Dr. Curtis Wall have reached an agreement that settles all aspects of the unprofessional conduct matters involving Dr. Wall. Dr. Wall is no longer challenging the findings of unprofessional conduct.”
Although the decision may not be posted publicly due to the settlement agreement, there’s a clear distinction between public posting and providing a copy upon request, especially given that the CCOA is supposed to serve as a public interest body.
The College has since updated the verbiage on their website from what they sent via email, to read:
“The College of Chiropractors of Alberta and Dr. Curtis Wall have reached an agreement that settles all aspects of the unprofessional conduct matters involving Dr. Wall. Dr. Wall is no longer challenging the findings of unprofessional conduct.”
While the public remains in the dark about the decision, this outcome seems favourable for Dr. Wall. However, the lack of transparency from regulatory bodies raises serious concerns about potential abuse of power, regulatory overreach, and the undermining of effective legal precedent.
Aug 172024
Toxic Exposures
A federal appeals court upheld a 2023 lower court ruling in a lawsuit alleging Merck misled the CDC about the potency of its mumps vaccine. Children’s Health Defense CEO Mary Holland, an attorney, called the decision “a very sad day for justice.”
August 6, 2024
A federal appeals court today dismissed a lawsuit against Merck alleging the company misled the Centers for Disease Control and Prevention (CDC) by “omitting, concealing and misrepresenting” information about the potency of its mumps vaccine.
The U.S. Court of Appeals for the 3rd Circuit upheld a July 2023 U.S. District Court decision in United States ex rel. Krahling v. Merck & Co., which found that even though Merck may have made false claims to the CDC, those claims didn’t play a role in the agency’s decision to purchase the vaccine for its Vaccines for Children Program.
“Even if we assume, as the District Court did, that Merck made misrepresentations (i.e., false claims), based on our de novo review of these considerations, no reasonable jury could conclude that the representations were material to the CDC’s purchasing decisions,” the ruling stated.
In other words, the judges said that even if the evidence shows the government knew about Merck’s misrepresentations and data falsification related to its mumps vaccine because the U.S. Food and Drug Administration (FDA) was aware of the behavior and the CDC continued to purchase the vaccine with that knowledge, the company was not in violation of the False Claims Act.
According to the ruling, the alleged fraud — misrepresenting and falsifying data about vaccine testing, potency and shelf life — was “minor or insubstantial.”
‘This is big money winning in court’
Attorney Mary Holland, CEO of Children’s Health Defense (CHD), told The Defender she was “astonished” the court could reach such a conclusion. “It’s a very sad day for justice.”
Holland said:
“The Court remarkably found that Merck’s alleged violations were ‘minor and insubstantial,’ defying logic. A decision like this makes people lose faith in courts as arbiters of justice.
“The plaintiff whistleblowers filed this False Claims Act case against Merck in 2010, over 14 years ago. They detailed outrageous fraud upon fraud by Merck, with apparent collusion by the FDA, to falsify the potency of the mumps component in the measles-mumps-rubella vaccine for which Merck held a patent.”
Brian Hooker, Ph.D., CHD’s chief scientific officer, said the decision makes it clear that Merck defrauded the government and the U.S. public and the company has been selling a defective product that has never has been appropriately tested for safety or efficacy and is known to lead to breakthrough mumps infections.
He added:
“However, in their conclusion, the court detailed how CDC can wave their magic wand and make this whole episode go away. The CDC simply colluded with Merck by buying and then foisting a defective product onto America’s children.
“Evidently, if the government knows it’s being defrauded, then fraud is OK — regardless of the collateral damage.”
Mark Blaxill, co-author of “The Age of Autism: Mercury, Medicine, and a Man-Made Epidemic,” who has covered the case since 2012 told The Defender he expects the CDC, FDA and Merck will argue that the decision vindicates them.
However, he said, all of the information that came out in the discovery process shows “the whistleblowers are the heroes here. They shone a light on the dirty dealmaking that goes on between the FDA and Big Pharma. It’s ugly, it’s unaccountable, and they cut corners and they do everything to keep information private.”
“This is big money winning in court,” he said, “because Merck had more money and more time and just took almost 15 years, spending enormous resources.”
The Defender is 100% reader-supported. No corporate sponsors. No paywalls. Our writers and editors rely on you to fund stories like this that mainstream media won’t write.
The FDA inspected Merck’s lab and confirmed evidence of data falsification.
Krahling and Wlochowski in August 2010 sued Merck as “relators” on behalf of the U.S. government alleging the company engaged in efforts over more than a decade to hide the fact that its mumps vaccine was less effective than the company claims.
When people file cases as relators on behalf of the U.S. government, the government can decide whether it wants to intervene in the case. In 2012, after the government declined to intervene, Krahling and Wlochowski filed an amended complaint alleging the mumps vaccine was “mislabeled, misbranded, adulterated and falsely certified as having an efficacy rate that is significantly higher than it actually is.”
They said the company did this to maintain its monopoly on the mumps vaccine market and continue selling the vaccine to the U.S. government. As a result, Merck made hundreds of millions of dollars for a vaccine that doesn’t provide the immunization against disease that it claims.
“This vaccine has injured tens of thousands of children around the world, both directly in brain and other injuries, and indirectly, by failing to prevent disease and leaving them prey to mumps later in life,” Holland said.
“Again and again, the court repeats that ‘no reasonable jury’ could find for plaintiffs. The case should have been sent back to a jury — and then we would have learned how a ‘reasonable jury’ would decide.”
Dr. Andy Wakefield, director of the film “Protocol 7,” which chronicles the fraud, told The Defender, “First, the FDA and now the courts have decided to protect a demonstrably dishonest industry at the expense of U.S. children. The court’s decision is a disgrace. The award-winning movie ‘Protocol 7’ stands as an indelible record of Merck’s misconduct.”
