CISA Was Behind the Attempt to Control Your Thoughts, Speech, and Life
Brownstone Institute | June 30, 2023
Keeping up with the corruption of the Covid regime feels like drinking from a firehose. The volume of the fraud, the pace of new discoveries, and the breadth of the operations are overwhelming. This makes it imperative for groups like Brownstone Institute to digest the onslaught of information and communicate salient themes and dispositive facts, particularly given the dereliction of mainstream media.
On Monday, the House Judiciary Committee released a report on how the Cybersecurity and Infrastructure Security Agency (CISA) “colluded with Big Tech and ‘disinformation’ partners to censor Americans,” adding to the informational firehose we work to imbibe.
The 36-page report raises three familiar issues: first, government actors worked with third parties to overturn the First Amendment; second, censors prioritized political narratives over truthfulness; and third, an unaccountable bureaucracy hijacked American society.
- CISA’s Collusion to Overturn the First Amendment
The House Report reveals that CISA, a branch of the Department of Homeland Security, worked with social media platforms to censor posts it considered dis-, mis-, or malinformation. Brian Scully, the head of CISA’s censorship team, conceded that this process, known as “switchboarding,” would “trigger content moderation.”
Additionally, CISA funded the nonprofit EI-ISAC in 2020 to bolster its censorship operations. EI-ISAC worked to report and track “misinformation across all channels and platforms.” In launching the nonprofit, the government boasted that it “leverage[d] DHS CISA’s relationship with social media organizations to ensure priority treatment of misinformation reports.”
The switchboard programs directly contradict sworn testimony from CISA Director Jen Easterly. “We don’t censor anything… we don’t flag anything to social media organizations at all,” Esterly told Congress in March. “We don’t do any censorship.” Her statement was more than a lie; it omitted the institutionalization of the practice she denied. The agency’s initiatives relied on a collusive apparatus of private-public partnerships designed to suppress unapproved information.
This should sound familiar.
Alex Berenson gained access to thousands of Twitter communications that uncovered concrete evidence that government actors – including White House Covid Advisor Andy Slavitt – worked to censor him for criticizing Biden’s Covid policies.
White House Director of Digital Strategy Rob Flaherty privately lobbied social media groups to remove a video of Tucker Carlson reporting the link between Johnson & Johnson’s vaccine and blood clots.
Facebook worked with the CDC to censor posts related to the Covid “lab-leak” hypothesis. Company employees later met with the Department of Health and Human Services to de-platform the “disinformation dozen,” a group including Robert F. Kennedy, Jr.
These were not cherry-picked examples – they were part of an institutional collusion to strip Americans of their First Amendment rights. Journalists Michael Shellenberger and Matt Taibbi exposed the “Censorship Industrial Complex,” a collection of the world’s most powerful government agencies, NGOs, and private corporations that worked together to silence dissent.
The Supreme Court has held that it is “axiomatic” that the government cannot “induce, encourage, or promote private persons to accomplish what it is constitutionally forbidden to accomplish.” Yet, CISA has joined the disturbing tendency of public-private partnerships designed to impede Americans’ right to information and freedom of speech.
- Political Operatives
Second, these programs were not idealistic attempts to promote the truth; they were calculated programs designed to quash inconvenient but truthful narratives.
The report outlines how CISA censored “malinformation – truthful information that, according to the government, may carry the potential to mislead.” Journalist Lee Fang later wrote that the malinformation campaign “highlights not only the broad authority that the federal government has to shape the political content available to the public, but also the toolkit that it relies upon to limit scrutiny in the regulation of speech.”
In this system, uncensored information has a tacit government approval, amounting to a system of widespread propaganda.
“State and local election officials used the CISA-funded EI-ISAC in an effort to silence criticism and political dissent,” the report notes. “For example, in August 2022, a Loudon County, Virginia, government official reported a Tweet featuring an unedited video of a county official ‘because it was posted as part of a larger campaign to discredit the word of’ that official. The Loudon County official’s remark that the account she flagged ‘is connected to Parents Against Critical Race Theory’ reveals that her ‘misinformation report’ was nothing more than a politically motivated censorship attempt.”
The officials supporting the operation remained unrepentant in their aim to advance political agendas. Dr. Kate Starbird, a member of CISA’s “Misinformation & Disinformation” subcommittee, lamented that many Americans seem to “accept malinformation as ‘speech’ and within democratic norms.”
Of course, the program explicitly violated the Constitution. The First Amendment does not discriminate based on the veracity of a statement. “Some false statements are inevitable if there is to be an open and vigorous expression of views in public and private conversation,” the Supreme Court’s controlling opinion held in United States v. Alvarez. But CISA – led by zealots like Dr. Starbird – appointed themselves the arbiters of truth and worked with the most powerful information companies in the world to purge dissent.
This was part of a larger political campaign.
Hunter Biden’s laptop, natural immunity, the lab-leak theory, and side effects of the vaccine were all censored at the government’s behest. The truth of the reports were not at issue; instead, they presented inconvenient narratives for Washington’s political class, who then used the Orwellian label of “malinformation” to lend cover to eviscerating the First Amendment.
- The Terror of the Administrative State
Third, the report exposes the increasing power of the administrative state. Federal bureaucrats rely on anonymity and unaccountability. Private industry employees could never oversee a disaster like the Covid response and maintain their jobs. It’d be like if BP’s head of safety for the Gulf of Mexico received a promotion after the oil spill.
But unelected officilals like CISA officials enjoy ever-increasing power over Americans’ lives without having to answer for their calamities. Suzanne Spaulding, a member of the Misinformation & Disinformation Subcommittee, warned that it was “only a matter of time before someone realizes we exist and starts asking about our work.”
Spaulding’s comment reflects the power that CISA wields and the benefit it derives from its lack of public exposure. Most Americans have never heard of CISA despite its overwhelming influence over lockdowns.
In March 2020, CISA divided the American workforce into categories of “essential” and “nonessential.” Within hours, California became the first state to issue a “stay at home” edict. This began a previously unimaginable assault on Americans’ civil liberties.
The House Report indicates that CISA was a central actor in censoring criticism of the Covid regime in the ensuing months and years. The agency is representative of the cabal of censorial and unaccountable officials engaged in public-private partnerships designed to keep us in the dark.
Kennedy Campaign Supporters Sound Like My Kind of People
By Adam Dick | Ron Paul Institute | June 30, 2023
Columnist Michelle Goldberg makes her disdain for presidential candidate Robert F. Kennedy, Jr. clear in her Friday New York Times editorial. She paints Kennedy as a dangerous “crank.” But, when Goldberg wrote in the editorial generally about supporters of Kennedy she encountered at a June campaign event in New Hampshire, her description seems to be closer to objective and is in line with what I have observed from afar.
Goldberg’s general description of the Kennedy supporters is also, in my view, quite positive. For Goldberg and many of her regular readers, though, her description is likely negative. The difference springs from differing views regarding the United States government and its expansive exercise of power.
Describing the people she encountered at a campaign speech by Kennedy in New Hampshire this month, Goldberg wrote:
The people I encountered believe that they are living under a deeply sinister regime that lies to them about almost everything that matters. And they believe that with the Kennedy campaign, we might be on the cusp of redemption.
This description of Kennedy supporters’ assessment of the situation Americans face makes me think they are my kind of people.
Also wrote Goldberg, “the movement around [Kennedy] represents a significant post-Covid social phenomenon: a coalition of the distrustful that cuts across divisions of right and left.”
That sounds like what America needs.
Copyright © 2023 by RonPaul Institute
US, Turkish-backed militias in Syria boost number of child soldiers in their ranks: UN

The Cradle | June 30, 2023
According to a UN report released on 28 June, the US and Turkish-backed armed groups in Syria have been increasingly recruiting minors into their ranks.
The report claims that the number of children recruited by militant groups in the country has risen from around 800 to over 1,200 since 2020.
It adds that among those recruiting children are the US-backed Kurdish militia, the Syrian Democratic Forces (SDF), which oversee control of Syrian oilfields in collaboration with Washington’s occupation forces.
The UN claims that more than 600 of child recruitment cases in Syria are attributed to the SDF and associated Kurdish groups in the country. This is despite the fact that the SDF signed an agreement with the UN in 2019 to end minors’ enlistment.
Over 600 child recruitment cases have also been attributed to the Turkish-backed Syrian National Army (SNA) coalition of militant groups, which has incorporated fighters from several extremist groups, including ISIS, over the years.
Additionally, the UN says that Hayat Tahrir al-Sham (HTS), formerly known as the Al-Qaeda-linked Nusra Front, has recruited over 380 minors into their ranks.
Twenty-five cases among Syrian government forces and allied militias have allegedly been recorded as well.
Bassam al-Ahmad, executive director of Syrians for Truth and Justice, said that in some cases, children are forcibly conscripted into the ranks of armed groups. He added that some join for religious or ideological beliefs, while others join for the salaries much needed by them or their families.
Ahmad claimed that some children are even sent out of the country to participate as mercenaries in foreign wars.
The enlistment of child soldiers has been an issue for much of the Syrian conflict.
During the recruitment efforts of the Nusra Front between 2013 and 2016, led mainly by Saudi cleric Abdullah al-Muhaysni, scores of teenagers were among the thousands enlisted to fight against the Syrian army. Many of these teenagers were sent on suicide missions.
In 2016, members of a US-backed armed group, the Nour al-Din al-Zinki Movement, were filmed beheading a 12-year-old boy named Abdullah Issa, who they claimed was a fighter in the pro-government Liwa al-Quds militia.
Liwa al-Quds released a statement at the time categorically denying that the boy was a fighter, claiming that he had been residing in an area of Aleppo under the control of armed groups.
In 2019, the Nour al-Din al-Zinki Movement was absorbed by the SNA after being defeated by HTS.
RFK Jr. Dismantles Doctor’s Pro-Vaccine Stance in Town Hall Meeting
By Madhava Setty, M.D. | The Defender | June 29, 2023
Epistemology is the theory of knowledge. Epistemologists ask the foundational question, “How do we know what we know?”
Robert F. Kennedy Jr. on Wednesday appeared in a town hall meeting hosted by NewsNation and moderated by journalist Elizabeth Vargas.
The exchanges between Kennedy — chairman on leave from Children’s Health Defense — Vargas and Dr. Tariq Butt, a family medicine doctor in the audience, demonstrated the real quagmire the scientific community finds itself in.
Doctors and journalists cannot see the difference between believing and knowing. If we were in a rational world, there wouldn’t be the need for censorship and shadowbanning.
Nor would many of the vaccines on the childhood immunization schedule, as presently formulated and tested, have found their way into the arms of young human beings.
In 13 short minutes, Kennedy deftly demonstrated to the audience that our problem isn’t just a failure of epidemiology — it’s one of epistemology:
Vargas first framed the topic this way:
“The biggest controversy surrounding your candidacy is your stance on childhood vaccines. Nearly every scientific and medical organization including the CDC [Centers for Disease Control and Prevention], the FDA [U.S. Food and Drug Administration], the AMA [American Medical Association], the American Academy of Pediatrics, all say you’re wrong on this issue.”
Vargas opened the door for Kennedy to not only clarify his position — which he said has been distorted and misrepresented no matter how many times he has tried to set the record straight — but she also revealed how little thought and research she has done into the controversy.
Kennedy pointed out the reality of the situation. These are not organizations that have independently arrived at their conclusions. The AMA, the American Academy of Pediatrics and “nearly all scientific and medical organizations” take information coming from the CDC and FDA as gospel.
In other words, if the CDC and the FDA are wrong, the entire medical establishment is wrong.
There’s a difference between consensus and herd mentality — a fact that never seemed to register with Vargas.
Kennedy is immensely knowledgeable about vaccine science and the regulatory process, as well as its corruption by Pharma interests. Moreover, he is a seasoned litigator and is not careless in his delivery. He correctly asks Vargas for clarification: “On what issue?”
Vargas first alludes to the possibility that vaccines could be the cause of autism and harm.
Kennedy immediately asks the obvious, “So you are saying that these organizations claim that vaccines NEVER damage kids?”
Vargas is forced to backpedal:
“I don’t think anyone is saying they never have. There may be a child here [or there], but overall vaccines have saved millions and millions of lives.”
Vargas is demonstrating the lack of understanding the public has about the issue. How can anyone claim that vaccines have saved millions and millions of lives if proper prospective studies with matched unvaccinated controls have never been conducted?
Kennedy makes this abundantly clear in his response to Dr. Butt, who asks Kennedy this question:
“Eradication of chicken pox and polio in the U.S. and in many parts of the world is a result of regular vaccination. MMR [measles, mumps, rubella] and many diseases are preventable. There is little evidence of these diseases in the vaccinated population. Your vaccine stance is dangerous to the health and well-being of millions. Medical experts are deeply concerned about your message. How can we help you come to the side of science?”
Kennedy admits there is evidence that vaccines have reduced the risk of mortality and morbidity from the diseases they target. However, he argued, without long-term prospective studies around all-cause mortality/morbidity in vaccinated populations nobody — no matter how educated or how big an organization you represent, he said — can claim there is an overall benefit.
Kennedy’s answer to the question dismantles the issue to the very core, catching Dr. Butt off guard. His methodical response should have proven to the audience that the family medicine doctor has very little grasp of all the available evidence.
Dr. Butt clearly wasn’t aware of analyses like this one that concluded that a “Mass varicella vaccination is expected to cause a major epidemic of herpes zoster, affecting more than 50% of those aged 10-44 years at the introduction of vaccination.”
Should studies like this guide public policy in the U.S.? They certainly do in the U.K., where health officials do not recommend universal vaccinations against chickenpox for precisely the reason Kennedy states.
Of all the preventable diseases out there, why would Dr. Butt use chickenpox as an example of how Kennedy’s vaccine stance is dangerous to the health and well-being of millions? Could it be that a doctor with a microphone was unaware of the science?
Was Dr. Butt aware of the enormous tragedy caused by the DTP (diptheria, tetanus, pertussis) vaccine in Africa? After 30 years of observation, it was shown that children vaccinated with the DTP shot were dying of other causes at 10 times the rate of the unvaccinated. We would have never known about this if no one actually looked.
The devastation caused by the DTP vaccine is not limited to the continent of Africa. Kennedy informed the audience that the flurry of lawsuits against manufacturers of this vaccine led to the passing of the National Childhood Vaccine Injury Act of 1986, which has protected vaccine manufacturers from any liability.
As a concession to the public, this law also created the Vaccine Adverse Event Reporting System, or VAERS, to “protect” and warn the public of potential vaccine danger; a system that has been shown to underreport injuries as commonly as it gets ignored.
Though Kennedy did not discuss the MMR and polio vaccines, his point was clear: Unless proper, long-term, prelicensure placebo-controlled safety studies are done we cannot determine if more harm than good is being done.
Dr. Butt’s response to the likely damage caused by the varicella and DTP vaccines was all too predictable: “A person can take a medicine and then get involved in a motor vehicle accident.” In other words, correlation does not prove causation!
Dr. Butt has good intentions. He is also particularly skilled at picking the weakest examples to prove his point.
The issue with the varicella vaccine was the resulting increased risk of herpes zoster infection (shingles). The issue with the DTP vaccine was the increased risk of death from other prevalent diseases that proved to be more deadly for the kids who received the vaccine.
We are not talking about random traumatic injuries that have nothing to do with immune modulation.
Furthermore, was Dr. Butt aware that the “correlation does not equal causation” argument can be used to dismiss vaccine benefits as well?
This double standard is mindlessly applied by vaccine proponents. Trials don’t prove causation, only correlation. That goes for efficacy too. On what grounds can one say that a vaccine caused a decrease in the disease it targets while assuring us that it was only correlated with an increase in side effects?
Trials just measure the incidence of things in two (or more) groups of participants. It’s a mathematical comparison. No causation is ever proven.
Vargas took issue with Kennedy’s claim that not one vaccine on the childhood immunization schedule has been subjected to a prelicensured placebo-controlled trial.
Vargas: “Yes they have.”
Kennedy: “No.”
Vargas: “Yeah, they have!”
And later …
Vargas: “The FDA says, and in fact, on its website, you can clearly see vaccines go through three stages of testing against double-blind placebo. They already DO that testing.”
Kennedy: “Elizabeth, you can say that.”
Vargas: “I’m not saying that. The FDA is saying that.”
Kennedy: “The FDA is not saying that.”
Vargas: “Yes they do! They say that on their website!”
Kennedy: “They will not tell you that there’s a vaccine that has ever undergone a long-term placebo-controlled trial prior to licensing because it’s not true.”
The reason why this embarrassing (and mildly entertaining) spectacle is important to dissect is because of what it reveals about the stubbornness we have about being right. Did Vargas actually scour the FDA website prior to this public exchange?
She couldn’t have for the obvious reason that no such statement from them exists on their website as she maintained.
Why is she so sure that she is right? I would venture to say it is because someone whom she trusts more than Kennedy told her that.
But was she really listening to what Kennedy was saying? Kennedy demanded a citation from Dr. Anthony Fauci in a face-to-face meeting with him in 2016. Fauci couldn’t produce one but promised he would.
He never did — so Kennedy (and attorney Aaron Siri) sued him and the U.S. Department of Health and Human Services (HHS). After a year of litigation, they finally obtained a written statement from the HHS which still does not cite a single study but assures us that inert placebos are not required to demonstrate safety in childhood vaccines.
Of course, there is no reason Vargas should trust Kennedy if she has not visited the Children’s Health Defense website where the letter from the HHS is made available.
But at what point should she have paused and honestly asked herself about what she really knew and not just what she thought she did?
In this case, the spectacle arose not because Vargas was wrong, but because she was so sure she was right.
It’s also worthwhile to consider what was on the line for her, personally. Was she able to face the possibility that the vaccines we have been injecting into our own bodies and our children have never been tested against a placebo?
Her argumentative responses to Kennedy’s views, which he defended with several key citations off the top of his head, reflected the real impediments the public has toward seeing reality for what it is. What would it mean if Kennedy has been right all along?
As a veteran journalist for NewsNation and previously for Fox and A&E Networks, Vargas should have come prepared. Kennedy has previously made himself very clear that he is willing to change his mind. “Show me where I got it wrong.”
Kennedy asks Vargas to cite a single prelicensure, placebo-controlled vaccine study. She couldn’t because no one can. There aren’t any.
Kennedy pointed out the real issue: “We have a corrupt federal agency [FDA] that is lying to the AMA and all those agencies and all those doctors. But those agencies are controlled by Pharma. That is the problem.”
Without any studies to cite or any way to refute Kennedy’s damning allegations, Vargas chose to confront Kennedy with the fact that some of his family members disagree with his stance on vaccines.
Kennedy: “Does your family agree with everything that you say?”
Vargas: “Definitely not. You got me on that one.”
Madhava Setty, M.D. is senior science editor for The Defender.
This article was originally published by The Defender — Children’s Health Defense’s News & Views Website under Creative Commons license CC BY-NC-ND 4.0. Please consider subscribing to The Defender or donating to Children’s Health Defense.
Rogan’s RFK interview is full of vitally-important taboo info
BY BILL RICE, JR. | JUNE 26, 2023
Yesterday, I spent several hours reading the transcript of the 3-hour interview RFK, Jr. recently did with Joe Rogan. The conversation was fascinating. Any U.S. citizen interested in more detailed information on Kennedy’s thoughts can simply watch this interview (a link to the Rogan episode and a transcript are included in this article which summarizes the interview).
I particularly recommend the final paragraphs of the CHD article, where Kennedy talks about the mothers of autistic children who finally convinced him to look into a possible connection between vaccines and autism.
Here are highlights that jumped out to me after reading transcripts of the entire interview:
- Kennedy said (again) that he’s NOT running on the “vaccine issue” and only talks about vaccines when specifically asked a question about them by an interviewer.
- However, he did say he’s not going to dodge a legitimate question when asked. He also said that he didn’t plan on doing any more in-depth interviews like this in the future, suggesting this conversation with Rogan should provide sufficient answers on why and how he got so interested in the vaccine issue … an intellectual quest which later informed his conviction that the entire public health establishment has become brazenly and shockingly corrupt and captured.
- Kennedy said alarms went off when he had a phone conversation with Dr. Paul Offit about mercury in vaccines and caught this extremely-influential vaccine booster in an obvious lie. Kennedy also noted that this man said he would get back to him with specific scientific studies that backed up his vaccine autism point (that there was bad “mercury” and “safe” mercury). Kennedy said this revered scientist never did provide the promised study(ies).
- Kennedy also recounts a similar conversation with Dr. Fauci, who told Kennedy that he would provide germane studies on some topic Kennedy had challenged Fauci on …. and Fauci never followed through.
One of Kennedy’s main points is that whenever he wanted to see the published peer-reviewed scientific studies backing different conclusions of the Science Establishment … the members of the Scientific Establishment couldn’t and didn’t do this.
Kennedy also notes he personally knows and had spoken to many leading authorities in the public health bureaucracies and he always got the impression these leaders had not read any of the scientific studies that Kennedy had read. They weren’t even familiar with these studies.
- Rogan talked a good bit about censorship and how he (Rogan) had been maligned and intentionally discredited for comments he’d made. Almost as an aside, Kennedy noted that he had been censored for “18 years” (!)
- … Kennedy also said that nobody has ever debated him on these topics, and cited examples of “debates” or events that were supposed to happen and never did.
- One such “debate” was supposed to be Kennedy vs. one of these alleged science authorities at a hearing in the Connecticut Senate (if memory serves, on the autism question).
- According to Kennedy, a Connecticut elected official asked Kennedy to participate in a hearing with this other authority. Later, Kennedy was told it would be him vs. two executives, then three, then four.
- Kennedy, as it turns out, would only get six minutes to make his points. Still, Kennedy said (paraphrasing): “This is not fair, but okay. I’ll be there.” The debate/testimony was later cancelled – after Kennedy had flown “on the red-eye” to Connecticut on his own dime to participate. Nobody told him why this hearing with him was cancelled. Kennedy just assumes someone told these people to NOT debate RFK, Jr. This scenario should sound very familiar today. (Think the “Hotez debate.”)
- I found Kennedy’s points about the explosion of autism to be very convincing. His main point is that nobody his age (or my age) grew up with anyone who had the severe autism that is common with many children today.Kennedy does note that observations such as this do NOT equal scientific “causation” or “correlation” … but when so many mothers of autistic children keep reaching the same conclusion, this should be enough anecdotal evidence to launch serious and real scientific studies and genuine scientific investigations, Kennedy argues.
- Kennedy’s points about VAERS picking up only a tiny fraction of vaccine injuries and deaths are very persuasive and important. (This is the topic of one of my next articles, which will highlight the fact Ed Dowd’s work on “all-cause excess” deaths is STILL being ignored by the mainstream media – 18 months after Dowd, among others, began to highlight this.)
- Regarding his book The Real Anthony Fauci, Kennedy notes that the book sold more than one million copies in its “first three months.” Oddly (to me), Kennedy said he doesn’t know how many copies this book sold after this because he hasn’t looked at the numbers.
- I’ve been curious about the book’s cumulative sales figure as every story I can find on the book says only that it “sold more than one million copies.”
- This is certainly a true statement, but I wonder if the book might have sold at least two million copies by now. Kennedy also points out that nobody at mainstream “news” organizations reviewed the book and very few “independent” book-sellers ever stocked the book in their stores (a point I made in a recent column.) Also, for some reason, lists of “best-selling” books often omitted The Real Anthony Fauci from these sales rankings.
- The above anecdotes should tell the public that most owners of book stores (and the “free press”) believe in banning certain books (more specifically, they don’t stock or mention books that question the prevailing orthodoxy).
- Question: How many copies of The Real Anthony Fauci would have been sold if this book had been available in bookstores all over the world (like other big best-sellers)? Would this have made a difference and perhaps saved lives?
Note: Joe Rogan said his entire thinking about vaccines, public health and Kennedy changed dramatically after he did read this book. Question: Think if Rogan had not read this book. He probably would have never had Kennedy on his show and Rogan probably would never have become one of the leading contrarian voices on the “authorized narrative.” This shows the power of the written word or of one book … and why such a book had to be censored.
- According to Kennedy, the vast majority of the book’s sales came from just one source – Amazon. (Authors like Naomi Wolf and many other skeptics of the official narratives have also published “taboo” Covid books. This question also occurs to me: How many additional copies of these books would have been sold if readers interested in these topics had seen them and been able to buy them if they had been available in local bookstore? (I guess this is another “unknown unknowable.”)
* Rogan made interesting points about how other podcasters are seemingly being bullied with the threat of “de-platforming” or “de-monetization” if the hosts of these shows invite contrarian Covid speakers onto their shows as guests (including Rogan himself).
* Rogan mentioned that he knows several comedian friends who think like he does, which he suggests helped him maintain his sanity in these New Normal Covid times. Kennedy later asked Rogan (paraphrasing), “Who are these people? I haven’t heard any stand-up comedians doing gigs where they poke fun of this Covid madness.” The Kimmels and Colberts of the world were (and still are) all singing from the same “authorized narrative” hymnal.
- Kennedy provides a good bit of detail about his life as an environmental lawyer and how he and his allies in his cause helped clean up the Hudson River waterways. It was his belief that mercury was getting into fish that later led him to believe that the same toxic mercury (far more dangerous than lead, according to Kennedy) was being injected into children with their mandatory vaccines.
- According to Kennedy, this was a point that mothers kept making to him at Kennedy’s speaking engagements. Finally, one of these mothers showed up at his house, dropped an 18-inch pile of documents on his door step and told Kennedy she wasn’t leaving until he read these documents.
- Kennedy read them … and the rest is … history … History that also explains why Robert Kennedy, Jr. is now the No. 1 threat to the Big Pharma/Medicine/Science establishment. It also explains how a once popular liberal environmental lawyer almost instantly became a pariah to the Establishment and a conspiracy-spreading, wacko kook.
- Kennedy notes that he has filed “hundreds” of lawsuits and every one of them deal with “science.” Regarding the narrative that everyone should “trust the science and the experts,” Kennedy makes a great point in his conversation with Rogan:
- Every lawsuit he has ever been a part of includes “experts” … from both sides. Kennedy gives an example of one big environmental lawsuit where the defendants called experts from prestigious academic institutions like Harvard, Stanford and Yale as witnesses. But the plaintiffs also called “expert” witnesses who were professors at the same colleges. So the obvious question is: What “experts” are more credible? This, Kennedy says, is for a jury to decide (and plenty of juries sided with Kennedy’s experts).
Kennedy also pointed out that almost all of the “new” vaccines since the late ’80s allegedly “protect” children from diseases that do not pose a real health risk to them. He gave the example of the Hepatitis B vaccine newborns get at the hospital. Kennedy pointed out this is a “vaccine” to allegedly provide “protection” against a disease that might affect only a few of these children 16 to 30 years later – if they became a prostitute or a needle drug user.
I thought Kennedy was also very persuasive, making his point that advancements in nutrition, sanitation and “engineering” almost completely explain the disappearance of most childhood or adult diseases in the last century or so (for example, refrigeration.)
This leads people like me to conclude that the Mother of All medical scams might be the one that tells us that “vaccines” are the wonder-drug of our times and have saved millions of lives. This is almost certainly a “false” or at least “dubious” narrative. (But a profitable one for Big Pharma).
Yet another fascinating segment was when Kennedy explains the “95 percent effective” canard. He points out that the best metric flowing from Pfizer’s limited safety trials should have been the conclusion that it takes 22,000 doses of Covid vaccine to (maybe) prevent one “Covid” death.
If this is the case (and it apparently is), “You better be sure that vaccine isn’t causing any deaths,” Kennedy states. As Kennedy points out, in the Pfizer trials only three people died from Covid in the ensuing six months – one person in the “vaccinated” group, and two in the “unvaccinated” group.
However, four or five more people in the “vaccinated” group later died from “all causes.” But identifying deaths from “any cause” was not a goal of the study. (It took a Freedom of Information request and a judge’s ruling to release this key information to the public … something Pfizer didn’t want to do for 75 years).
So trial participants had a much greater chance of dying (from any cause) if they’d received the Covid vaccine than if they had not been vaccinated. Question asked by Kennedy: Shouldn’t this data point/finding have been the big headline and enough to stop the vaccines?
Regarding the “vaccines-cause autism” theory, Kennedy does not definitively or categorically blame just vaccines. He seems to be saying many factors probably explain this – including vaccines.
Kennedy notes that when he was a child he received three childhood vaccines. Today, children MUST get 72 shots (from 16 vaccines). Kennedy also noted that five of his children suffer from food allergies, something that also was almost unheard of when Kennedy was growing up.
Kennedy also did a great job explaining how Big Pharma got immunity from vaccine lawsuits, per hugely-significant legislation passed in the Reagan administration in 1986. This gave Big Pharma a license to make “billions of dollars,” Kennedy argues.
All Pharma companies had to do was come up with a new “vaccine” and make sure this vaccine got placed on the childhood immunization schedule (which apparently was a sure-thing).
I also found it interesting that RFK, Jr. acknowledges that his own uncle, Sen. Ted Kennedy – who was chairman of an important Senate Health Committee at the time – helped pass this world-changing legislation. That is, it wasn’t just President Reagan who made this possible; it was the Democrats in Congress too – including his own uncle.
Kennedy also debunks the accepted wisdom that vaccines are “safe” by pointing out the whole reason this legislation was passed into law was because vaccines are obviously not (always) safe. Vaccines are inherently unsafe – this is why the industry needed legal immunity from lawsuits to keep producing them, says Kennedy.
My main-take away from this in-depth interview is how well Kennedy knows this material. During this 3-hour interview, Kennedy didn’t refer to any notes. He cited study after study from memory. He had read these studies – critically – and quickly identified the holes and likely cover-ups in them.
I’m convinced this is the real reason no expert or authority will debate someone like Kennedy (or, for example, Steve Kirsch). They all know Kennedy knows this material better than they do. And they all know that they can’t answer Kennedy’s key questions.
Hopefully, more people will take the time to watch this 3-hour interview or read the transcripts. If they do, they’ll see that Kennedy is not some crazy “kook.” I also commend Joe Rogan for giving RFK, Jr. this 3-hour platform to express his views and more fully discuss these life-and-death public health issues.
Religious Exemption Form for Parents of School-Age Kids in D.C. ‘Intentionally Misleading and Unlawful’
The Defender | June 27, 2023
A form provided by the District of Columbia Department of Health for parents seeking a religious exemption for mandated vaccines on behalf of their minor children is “intentionally misleading and unlawful,” according to Children’s Health Defense (CHD) Senior Staff Attorney Rolf Hazlehurst.
A letter from Hazlehurst and CHD Acting President Laura Bono to D.C. Mayor Muriel Bowser and school and health department officials states there is “no legal basis or requirement” for parents to use the newly revised “2023 Religious Exemption Request Process for Families” posted on the DC Health website.
According to the health department, “In consideration of the COVID-19 vaccine mandate for eligible students, and the need to ensure all students in the District remain up to date with all necessary or required vaccinations to attend school,” health officials revised the religious exemption form “to include a section to document a strongly held religious belief opposing vaccination.”
Parents and guardians are instructed to request the form and return it directly to DC Health/Immunization Division after carefully reading and completing it in its entirety. “incomplete or non-compliant forms will be returned before being sent for review, the department said.
But the updated form contains at least two subsections that are “unlawful as written and applied,” Hazlehurst said.
In the first part of Section 2, parents and guardians are required to initial to acknowledge that “by not vaccinating their child for one or more of the listed vaccinations, they are placing their child at ‘increased risk,’ thus implying that they are unfit parents or guardians.”
And, according to the letter, the second part of Section 2 requires each parent or guardian to:
“Please provide a written statement on a) why you do not get vaccinations based on your sincerely held religious beliefs, b) the religious principles that guide your decision not to get vaccinated, and c) whether you are opposed to all vaccinations, and if not, d) the religious beliefs you follow that will not allow you to get the COVID-19 vaccination.”
In their letter, Bono and Hazlehurst said this language “intentionally misleads those parents or guardians seeking religious exemptions into believing they must comply with these instructions or their request will be denied.”
“Nothing could be further from the truth,” they wrote, adding that according to the law, Code of the District of Columbia §38-506, entitled “Exemption from Certification” states:
No certification of immunization shall be required for the admission to a school of a student:
(1) For whom the responsible person objects in good faith and in writing, to the chief official of the school, that immunization would violate his or her religious beliefs.
In other words, parents and guardians are not required to complete the updated form — they can simply write a letter to the chief official of the child’s school certifying that in accordance with the Code of the District of Columbia §38-506, they object in good faith that immunization(s) violate their sincerely held religious beliefs.
If DC Health officials wanted to create a new process in which parents and guardians must comply to receive a religious exemption, the agency is required by law to promulgate the new rule by complying with the administration process and allowing the public the opportunity to respond — neither of which were done, Hazlehurst and Bono wrote.
D.C. Council weighs bill to remove COVID vaccine mandate for schools
Hazlehurst and Dr. Elizabeth Mumper last week submitted written testimony to D.C. Council members in support of Bill 25-0278, the School Student Vaccination Amendment Act of 2023, which would remove the COVID-19 vaccine mandate for students attending D.C. schools.
Both commended the council members for introducing the amendment. In his written statement, Hazlehurst called on the council to expedite passage of the bill “to avoid parents unnecessarily getting their children the COVID-19 vaccine in order to attend school.”
He also outlined his legal objections to the health department’s newly revised religious exemption form.
Mumper, a pediatrician, also showed support for the bill. In a lengthy written statement, she said:
“As a pediatrician with 43 years of experience in pediatrics and 24 years of experience identifying and treating children with vaccine injuries, I oppose giving COVID-19 vaccines to infants and children.
“Having carefully studied the risks and benefits, I conclude unequivocally that the risk of harm outweighs any potential benefit. Multiple sources of scientifically sound data support my position.”
In July 2022, The Washington Post said the district’s COVID-19 vaccine mandate for schoolchildren was “among the strictest in the nation.”
CHD last year represented a group of parents challenging the D.C. Minor Consent for Vaccination Act, which would have allowed children as young as 11 to consent to vaccination without parental knowledge or consent.
CHD fought, and the court issued a preliminary injunction prohibiting enforcement of the law and the district was forced to repeal it.
In his ruling, Judge Trevor N. McFadden said:
“States and the District are free to encourage individuals, including children, to get vaccines. But they cannot transgress on the Program Congress created. And they cannot trample the Constitution.”
This article was originally published by The Defender — Children’s Health Defense’s News & Views Website under Creative Commons license CC BY-NC-ND 4.0. Please consider subscribing to The Defender or donating to Children’s Health Defense.
House Weaponization Committee Concludes DHS Agency Colluded With Big Tech To Facilitate Censorship
By Dan Frieth | Reclaim The Net | June 28, 2023
With the publishing of a new report, a House Judiciary subcommittee disclosed that the Cybersecurity and Infrastructure Security Agency (CISA), a division within the Department of Homeland Security (DHS), has been engaging in censoring online content and conducting domestic surveillance in conjunction with Big Tech companies and other private groups.
This report, released on Monday, is titled “The Weaponization of CISA: How a ‘Cybersecurity’ Agency Colluded With Big Tech and ‘Disinformation’ Partners to Censor Americans.”
CISA, founded in just 2018, was originally envisioned as an auxiliary agency focused on safeguarding critical infrastructure and fending off cybersecurity threats.
The report asserts that CISA morphed into “the nerve center of the federal government’s domestic surveillance and censorship operations on social media” by 2020. It accuses CISA of systematically reporting social media posts that it believed disseminated “disinformation.”
Adding to the alarming developments, the report unveils that by 2021, CISA established a formal “Mis-, Dis-, and Malinformation” (MDM) team. In the ensuing years, the agency faced escalating criticism from both public and private quarters, which led it to clandestinely downplay its activities by portraying itself as solely informational in nature.
The report particularly highlights an instance in which, following lawsuits from Missouri and Louisiana contesting CISA’s censorship tactics, the agency allegedly sidestepped the allegations by transferring its censorship undertakings to a non-profit organization, the Center for Internet Security (CIS), which it financially supported.
Further, the report divulges an email from a CISA advisory board member and former assistant general counsel for the CIA, Suzanne Spaulding, to her colleague, revealing concerns about the potential public discovery and scrutiny of their activities.
CISA has been accused of attempting to obscure its activities in response to growing scrutiny, such as erasing mentions of its domestic surveillance and censorship operations from its website.
The report argues that CISA’s focus on “malinformation” is worrisome. The agency defines malinformation as factual information used out of context to mislead or manipulate, but the subcommittee report challenges whose context is being used, and questions the government’s role in deciding this context.
Despite these allegations, CISA denies any involvement in censoring or facilitating censorship.
With the unveiling of this report, questions surrounding the extent of CISA’s involvement in domestic surveillance and online censorship have become central in a broader debate on the role of government agencies in relation to civil liberties and constitutional rights.
EU to renew Iran sanctions under defunct nuclear deal: Report
The Cradle | June 29, 2023
European officials recently informed Iran that they plan to renew EU ballistic missile sanctions set to expire in October, according to sources in the know that spoke with Reuters.
The renewal will be conducted under the parameters of the defunct Joint Comprehensive Plan of Action (JCPOA), which officials say Iran “violated” by moving forward with developing its nuclear energy program after the US unilaterally exited the deal in 2018 and reimposed crushing sanctions.
Other reasons the EU is giving for renewing the sanctions are Russia’s use of Iranian drones in Ukraine and “the possibility of Iran transferring ballistic missiles to Moscow.”
“The Iranians have been told quite clearly [of plans to keep the sanctions], and now the question is what, if any, retaliatory steps the Iranians might take and [how] to anticipate that,” a western diplomat told Reuters on condition of anonymity.
The decision to uphold the sanctions would be the first significant instance of the E3 group of nations — France, Germany, and the UK — not abiding by the terms of the nuclear deal.
EU mediator Enrique Mora, who co-ordinates talks to restore the 2015 deal, raised the issue of keeping the sanctions when he met Iranian nuclear negotiator Ali Bagheri Kani in Doha on 21 June, but the latter reportedly refused to discuss the matter, according to an unnamed Iranian official who spoke with Reuters.
“Maintaining sanctions, in any capacity and form, will not hinder Iran’s ongoing advancements,” the Iranian official is quoted as saying. “It serves as a reminder that the west cannot be relied upon and trusted.”
Since 2017, the Islamic Republic has significantly advanced with its ballistic missile and satellite launch programs. The country last month made waves by revealing a hypersonic missile with a potential 2,000-km range.
This progress, on top of Tehran’s enrichment of uranium at 60 percent purity and a China-brokered détente with Saudi Arabia, set off alarms in the west and pushed Washington to begin ‘de-escalation talks‘ with Iran.
Merck Knew Its Popular Asthma Drug Could Lead Kids to Commit Suicide, Lawsuits Allege
By Michael Nevradakis, Ph.D. | The Defender | June 27, 2023
Dozens of patients, including many children, died by suicide or suffered from neuropsychiatric problems after taking Singulair, Merck’s allergy and asthma medication, according to lawsuits that are finally proceeding, after decades of delays and legal challenges, Reuters reported.
Merck is accused of downplaying early evidence of Singulair’s impact on the brain. These claims “later faced intense scrutiny,” leading to “a raft of lawsuits alleging [Merck] knew … that the drug could impact the brain and that it minimized the potential for psychiatric problems in statements to regulators.”
Singulair, also known as montelukast, is available to adults and children as a medication for severe allergies and asthma. The drug “blocks chemicals, called leukotrienes, in the body,” according to Dr. Michelle Perro, a pediatrician. Leukotrienes “can be involved in the precipitation of asthma and can cause respiratory symptoms, as well as inflammation of the airways,” Perro told The Defender.
Numerous public comments about Singulair’s side effects were submitted in 2019, prior to the Sept. 27, 2019, joint meeting of the U.S. Food and Drug Administration’s (FDA) Pediatric and Drug Safety and Risk Management Advisory Committees charged with reviewing the drug’s safety.
Many of the comments were submitted by “vocal parents” of children adversely affected by Singulair.
Rolf Hazlehurst, senior staff attorney with Children’s Health Defense (CHD), told The Defender he “worked closely” with several of these parents.
The public comments, along with thousands of reports submitted over several years to the FDA Adverse Event Reporting System (FAERS) plus a 2015 research study finding that a “substantial amount” of Singulair entered the brain, forced the FDA to take action.
On March 4, 2020, the FDA required Singulair to carry a “black box” label — the FDA’s most serious warning, for “serious mental health side effects,” according to Drugwatch.
Black box warnings list “important side effect information surrounded by a thick black border and bold lettering to warn of permanent, serious or fatal side effects.”
In the case of Singulair, the label links the drug to “suicide, depression, aggression, agitation, suicidal thoughts and sleep disturbances.”
The black box label was at least two decades in coming, according to Hazlehurst, who said it “took over a decade’s worth of work by persistent parents, armed with overwhelming evidence of the serious neuropsychiatric side effects, urging the FDA to take action.”
According to Drugwatch, lawsuits now pending against Merck claim the drugmaker “knew or should have known before it started selling Singulair in 1998 that the drug could cause neuropsychiatric injuries during treatment and even after stopping.”
Dr. Liz Mumper, a pediatrician, said she has been “aware of the potential neuropsychiatric side effects of montelukast for many years,” adding that her patients “are instructed to stop the medicine if they notice a change in their mental health.”
“Over the years, parents have reported personality changes in their children, rapid changes in mood and irritability,” Mumper told The Defender. “Typically, these symptoms resolve once off montelukast.”
Since March 2020, when the FDA applied the black box warning to Singulair, numerous lawsuits have been filed against Merck. The lawsuits allege Merck designed “a defective drug,” in addition to claiming “negligence and failure to warn about the risk of mental problems,” according to Drugwatch.
A Reuters investigative report revealed the lawsuits also allege “that the company’s own early research indicated the drug could impact the brain but that Merck downplayed any risks in statements to regulators.”
The Reuters investigation states that plaintiffs faced a legal hurdle commonly used by Big Pharma — known as a “preemption defense” — based on a legal argument that federal law and federal regulations supersede state laws, including state product liability laws that traditionally served as the basis for lawsuits like those against Merck.
As a result, “companies increasingly argue that federally regulated products or services should be immune from lawsuits alleging state-law violations,” and plaintiffs “must often demonstrate that a company failed to disclose safety information to federal regulators — and that the information could have spurred new government restrictions or warnings before the alleged harm occurred.”
This has made it particularly difficult to sue manufacturers of generic versions of Singulair and other drugs, because generic drugmakers simply follow the primary manufacturer’s FDA-approved labeling, while the primary drugmaker can’t be sued by claimants if they or their family members took the generic version.
Perro told The Defender that a combination of an abrogation on the part of federal regulators, a lack of integrity on the part of drugmakers and complex legal maneuvering makes it difficult for doctors to prescribe safe treatments to their patients.
She said:
“A medical practitioner now needs to understand their patient, the illness, any prescribed medications, what Pharma reports about their drug, the real science behind the drug, and unfortunately, the legal doctrine of preemption, which is the principle based on federal law trumping state law.
“It is a dark time in medicine when the physician must question the integrity of what is written on the prescription pad.”
The FDA claims it has “diligently monitored reports of side effects possibly associated with montelukast, as well as communicated findings and taken regulatory action, when appropriate,” and that it “continues to monitor and investigate this important issue.”
Merck’s patent on Singulair expired in 2012, allowing generic drugmakers to begin producing and marketing the drug. Still, according to Reuters, Singulair “has provided Merck with about $50 billion in revenue.”
However, once Merck’s patent expired, “The number of patients prescribed the medicine climbed from about 7 million annually to more than 9 million” — with up to half of recipients age 16 or younger.
At least 82 suicides connected to Singular before FDA added black box warning
The Reuters investigation noted that “in the case of Singulair’s potentially deadly side effects, the FDA waited years, despite thousands of reported psychiatric problems, to require its most serious warning on the drug’s label.”
During this time, dozens of individuals taking Singulair committed suicide or faced other neuropsychiatric problems.
For instance, in 2017, 22-year-old Nicholas England, a Virginia resident, shot himself in the head less than two weeks after starting a generic version of the medication. He had no history of mental health problems — and his family had no legal recourse against Merck due to the preemption defense.
In 2007, a 15-year-old boy in New York committed suicide, 17 days after first taking Singulair. According to Reuters, this incident led Merck to propose — and the FDA to accept — an amendment to the drug’s label to add suicidal thinking and behavior to the product’s listed adverse events.
However, this adverse event “appeared in the middle of a list of more than three dozen side effects,” the Reuters investigation found. “Parent advocates argue the new label was grossly inadequate to warn of such a grave risk.”
“Neuropsychiatric side effects are listed in the documentation of potential side effects, but not always prominently,” Mumper told The Defender. And despite the new label, she said, parents searching for its package insert online will find older versions “without a prominent black box warning.”
According to Drugwatch, the change to Singulair’s label was made in August 2009, when the label was updated to also include other neuropsychiatric events including “postmarket cases of agitation, aggression, anxiousness, dream abnormalities and hallucinations, depression, insomnia, irritability, restlessness … and tremor.”
In 2008, the FDA said it was investigating “a possible association between the use of Singulair and behavior/mood changes, suicidality … and suicide,” Drugwatch reported.
In another example, the 3-year-old son of Jan Gilpin was prescribed Singulair for asthma in 2003. He “soon seemed withdrawn and sullen” and “started talking about death,” according to Reuters.
Gilpin initially did not suspect Singulair — until she discovered online posts by parents stating that their children were exhibiting similar behavior while on this medication. She pulled her son off Singular and soon “noticed he began to skip and laugh,” while his “obsessive thoughts about death disappeared after he quit the medicine.”
Indeed, “reports of related neuropsychiatric episodes piled up on internet forums and in the FDA’s early-warning detection system” starting in 1998, Reuters reported. Yet, by the time of England’s suicide in 2017, the FDA was still “reviewing” this data.
According to Reuters, in 2011, the FDA “rejected a petition from Gilpin and other parents seeking a black box warning, citing what it called insufficient evidence that the drug caused suicidal behavior.”
“Parents who argue Singulair endangered their children view the FDA’s 2020 decision to add a black box warning as vindication, but many still want to sue Merck for not acting sooner,” Reuters also reported.
In 2014, an FDA panel acknowledged that neuropsychiatric side effects among Singulair users were a “known safety issue,” but cited this reason and “feasibility concerns” in its decision not to order new studies, according to Reuters.
Yet, as reports of suicides continued to be filed — with 82 suicides linked to Singulair and its generic versions, including at least 31 involving people age 19 and younger, a new FDA advisory panel was convened in 2019.
According to Reuters, “agency staffers again said there was not enough evidence” to merit this. However, with Merck’s patent having expired, an FDA official told the advisory committee that the company may opt to pull Singulair from the market rather than fund expensive new studies to investigate the product’s safety.
This resulted in the March 2020 decision to add the black box label to Singulair.
‘Substantial amount’ of Singulair enters human brain
In its 2020 decision, the FDA cited independent research conducted in 2015 by cell biologist Julia Marschallinger and other researchers at Austria’s Institute of Molecular Regenerative Medicine.
They found that Singulair’s distribution into the brain was more significant than what was stated on the product label, which described its brain distribution as “minimal.”
Merck had claimed, in documents it submitted to FDA for the drug’s approval in 1998, that “only a trace amount” of the drug could be found in the brain and that its presence “declined over time.” Merck’s public marketing of the product later described side effects as “generally mild” and “similar to a sugar pill.”
However, Marschallinger’s team found that while Singulair’s presence decreased almost everywhere in the body within 24 hours after administration, the opposite was true in the brain, where “a substantial amount” of the drug was identified.
In its 1996 patent application for Singulair, Merck also claimed the drug could be used as a treatment for “cerebral spasms” — indicating “knowledge of the drug’s potential brain impacts.” Lawyers for plaintiffs filing Singulair lawsuits against Merck have cited this argument, as well as Marschallinger’s study.
The FDA has confirmed the study’s findings, acknowledging that claims regarding the declining presence of Singulair in all tissues “did not fully reflect the data.”
However, according to Reuters, the FDA also characterized findings of “a substantial amount” of the drug in the brain “a subjective characterization that is not necessarily incompatible with the ‘minimal’ descriptor in other contexts.”
“The FDA could have asked Merck to repeat the experiment or do it for an even longer period of time,” Marschallinger told Reuters. “It’s not hard to do.”
Perro said, “For those children who have been harmed by this drug,” due to the FDA’s 22-year delay in adding a black box warning, “there will not be any compensation because of pharmaceutical protection by our own government and liability shields.”
The FDA’s inaction has resulted in many deaths, Sue Peters, Ph.D., a CHD science fellow, told The Defender :
“The FDA has placed pharmaceutical profits over the safety and mental health of our children. It’s a never-ending cycle, with increased rates of chronic illness, like asthma, leading to pharmaceutical treatments which have not been properly safety-tested.
“These drugs put young people, with critical brain myelination continuing past 25 years of age, at risk of developing mental health disorders, leading to polypharmacy with psychiatric medications, and contributing to iatrogenic deaths as a leading cause of death in the U.S.”
Perro called for an overhaul of the FDA, telling The Defender :
“It is clear who our government — including the judicial system — is protecting. A solution to the lack of action by regulatory agencies? Overhaul.
“In the meantime, there are safer pharmaceutical alternatives for asthma in children. Not to mention, this is yet another reason to examine the root causes as to why so many children now have asthma, and address the real culprits, such as air pollution.”
For Mumper, a new approach to treating ailments such as asthma is needed. “Although montelukast is a valuable medication in my toolbox for treating allergies, the prescription should come after other measures, including working on gut health,” she said.
Similarly, Peters called for a “careful analysis” of the role of drugs in the treatment of common disorders and their role in precipitating mental health disorders and even deaths. She told The Defender :
“The tragic increase in the rate of mental health disorders in children in the United States, requires careful analysis of the role of iatrogenic death.
“Failing to consider the role of pharmaceutical drugs and medical treatments in the development of mental health disorders in children, has led to the loss of valuable research time, wasted research dollars, and ultimately the loss of life. Clearly, our current system is broken.”
Preemption defense lets Big Pharma avoid directly addressing safety claims
According to the Reuters investigative report, most of the Singulair lawsuits pending against Merck are still in their early stages.
Drugwatch reported that, as of May 16, “there have been no scheduled trials or court-approved global settlement in Singulair litigation.” Many of the suits against Merck were filed in New Jersey, where in January 2022, they were consolidated into multicounty litigation in the Superior Court of New Jersey Law Division: Atlantic County.
And in April, U.S. District Judge Timothy S. Hillman in Massachusetts denied Merck’s motion to dismiss a Singulair lawsuit “for lack of personal jurisdiction,” Drugwatch reported. Judge Hillman argued Merck manufactured, marketed and sold the drug in the state and allowed the case to continue.
Two U.S. Supreme Court rulings in 2011 and 2013 strengthened the preemption defense.
In Pliva, Inc. v. Mensing (2011), the Supreme Court held that state law requiring “generic drug manufacturers to provide adequate warning labels was preempted where federal law required manufacturers to use the same labels as their brand-name counterparts.”
And in Mutual Pharmaceutical Co. v. Bartlett (2013), the Supreme Court held that design-defect claims questioning the adequacy of a drug’s warnings under state law are preempted by the Federal Food, Drug, and Cosmetic Act and the Pliva v. Mensing ruling.
According to Reuters, the preemption doctrine rests on the U.S. Constitution’s Supremacy Clause, which states that the Constitution and federal law take precedence over state laws and state constitutions.
As a result, “Preemption defenses often deliver companies a swift procedural win, allowing them to avoid addressing the substance of plaintiffs’ allegations.”
While the defense has been used across multiple industries, it “has had a particularly profound impact in the pharmaceutical industry,” particularly as FDA data cited by Reuters indicates that generic drugs account for 91% of U.S. prescriptions.
Reuters, in its review of 257 U.S. Supreme Court and federal appeals court rulings since 2001, found that “judges ruled two-thirds of the time to weaken or kill lawsuits alleging deaths or injuries caused by corporate negligence or defective products.”
Moreover, “The number of potential lawsuits that were never filed” serves as “Another industry benefit” that “can’t be quantified,” according to Reuters.
Preemption defenses became a centerpiece of the George W. Bush administration — and FDA policy under his presidency, Reuters reports. This was part of the Bush campaign’s promise to address what it described as “frivolous” lawsuits.
Daniel Troy, the FDA’s chief counsel under the Bush administration, “interpreted preemption to mean that courts can’t undermine federal regulators based on alleged state-law violations,” Reuters reported, adding that he “aimed to make that argument in high-profile lawsuits” and briefed drug industry lawyers on the strategy in 2003.
Troy — who is now a pharmaceutical industry lawyer — told Reuters, “If you believe in a strong FDA, we can’t have state courts, especially juries, second-guessing and undercutting the FDA’s judgments.”
Hazlehurst told The Defender Troy’s argument is the same one used by Wyeth (Pfizer) before the Supreme Court in Bruesewitz v. Wyeth (2011). The Supreme Court’s decision in this case prohibited design defect lawsuits against vaccine manufacturers.
The U.S. Department of Health and Human Services, the parent agency of the FDA and the Centers for Disease Control and Prevention, supported Wyeth’s 2011 argument.
Similarly, Mumper told The Defender that pharmaceutical companies “have a history of avoiding liability through various legislative protection,” including the preemption defense and the National Childhood Vaccine Injury Act of 1986.
And in 2006, “The FDA formally changed its view of preemption in a 2006 regulation, stating the agency now believed that FDA labeling approval ‘preempts conflicting or contrary State law,’” Reuters reported.
Hazlehurst told The Defender, “CHD is proud to have played a role in advocating and assisting these parents on the journey to hold Merck accountable,” but “one thing rings loud and clear: the FDA is a captured agency, and this is a fundamental problem.”
Some parents have questioned whether the black box warning for Singulair was enough to save lives, citing the damage already done, continued legal obstacles, and Merck’s strong marketing campaign for the drug.
“Due to tremendous financial conflicts of interest, the pharmaceutical industry has tremendous influence over the FDA,” Hazlehurst said. “As a result, the FDA protects the pharmaceutical industry first and people second — this story is just one example.”
He added: “One must wonder, how many lives could have been spared if the FDA had timely done its job of properly investigating and regulating the pharmaceutical industry?”
Michael Nevradakis, Ph.D., based in Athens, Greece, is a senior reporter for The Defender and part of the rotation of hosts for CHD.TV’s “Good Morning CHD.”
This article was originally published by The Defender — Children’s Health Defense’s News & Views Website under Creative Commons license CC BY-NC-ND 4.0. Please consider subscribing to The Defender or donating to Children’s Health Defense.

