The following is excerpted from this article by William Bernard Butler titled “Putting a nail in the covid coffin:”
THE WAY OUT
The good news for employers is that the vax mandate, unlike the Obamacare mandate, comes with a built-in escape hatch. Employees have a legal and moral right to claim exemption from the Shot mandate. Employers have the legal and moral right to grant every one of them. This battle, therefore, is much easier to win than Obamacare and will not require a change in law or federal policy. The “grant every exemption request” strategy shifts an unbearable enforcement burden onto the federal agencies that are attempting to coerce private employers into doing the pharmaceutical industry’s dirty work. OSHA and CMS do not have the resources to determine if 80 million employees have legitimate exemption requests.
EXEMPTION LETTER 3.0
Below is Vax Exemption Letter 3.0, hopefully an improvement on “No Thank You,” and “Yes, and...” Perhaps the final nail in the Covid coffin. It has a dual and unifying purpose: (1) to obtain an exemption for the employee; and (2) to gently awaken employers to the outrageous legal and moral risk that federal government agencies are attempting to foist upon them.
Dear Sir or Madam:
Thank you for your suggestion that I get vaccinated. I very much appreciate that you are concerned about my health and the health of my coworkers. I write this letter in the spirit of cooperation and in order to minimize the health risk to me and my coworkers.
And I would like to keep my job.
As detailed below, there are currently many unknowns surrounding the vaccination (“Shot”)[1]. As together we determine the right and lowest risk course of action, I would appreciate any accurate information you have that contradicts what is detailed in this letter. For your convenience, at the bottom I have provided footnotes with specific authority for all of the propositions contained herein.
If we cannot agree on the facts and cannot come to an agreement on how best to protect me and my family if I am harmed by the Shot, then please consider this my request for an accommodation and exemption from your request.
BACKGROUND
On September 19, 2019, President Donald Trump signed an Executive Order declaring, for the first time in history that the seasonal flu was synonymous with a “pandemic,” [2] and also declaring, for the first time in history, that “[v]accination is the most effective defense against influenza.” This Executive Order directed multiple federal agencies and private companies to develop a comprehensive plan to combat the seasonal flu/pandemic within “120 days” of the Order. Exactly 124 days after this Executive Order, the first case of Covid was diagnosed in the U.S. [3]. Because Donald Trump’s September 19, 2019 Executive Order appears to have significantly influenced government treatment and public perception of the 2020 seasonal flu, in the remainder of this letter I will refer to Covid-19 as what it would have been called prior to the 2019 Executive Order–the “Seasonal Flu” [4].
According to Dr. Robert Malone, the inventor of the m-RNA technology used in the Shot, m-RNA Shot technology is not a vaccine and it is not an appropriate vehicle for treating Covid or any other Seasonal Flu. See note [1]. Dr. Malone believes that the federal goverment, particularly the FDA, is wrong in mandating the Shot and that it has not done a careful and accurate risk-benefit analysis. It is Dr. Malone’s view that that the federal goverment is nevertheless mandating the Shot because of economic bias and regulatory capture. According to Dr. Malone, because of a 1992 change in federal law requiring pharmaceutical companies to pay for FDA drug approval, the FDA is no longer independent and is unduly financially influenced by the pharmaceutical companies that it regulates.
Although I find this background information very credible, I do not expect you to accept it. I provide this background because it is relevant to me as I evaluate the risk and uncertainty involved in receiving the Shot and because I believe you, as my employer, should be aware of the man-made origins of the “pandemic.” You should also be aware that the federal agencies that are ordering you to mandate the Shot may not be serving you and their motive may not be to serve public health.
INFORMED CONSENT AND RISK
There seem to be many laws and regulations implicated by the Shot mandates. The most relevant to me and my family, however, is the international Nuremberg Code[5], codified in U.S. federal law at 45 C.F.R. 46.116. The Nuremberg Code is relevant because it requires knowing assent to medical risk. The Nuremberg Code requires that anyone being subjected to drug or medical experiments be fully informed of all the known risks. If all risks are not disclosed prior to the experiment, then informed consent is not possible and the party compelling the experimental treatment is potentially responsible for violating the principles of informed consent.
Because of the very short timeline between the outbreak of the “pandemic” in January, 2020, the “vaccination” campaigns in 2021, and the present date, it is very difficult to assess the total risk associated with the Seasonal Flu as compared to the risk posed by the Shot.
Seasonal Flu Risk
Stanford professor, M.D., and statistician John Ioannidis,[6] has performed a credible analysis of the known risk associated with the 202o Seasonal Flu. By his account, employing statistically relevant samples and using serum antibody tests rather than PCR [7] tests, the 2020 Seasonal Flu was a statistically normal flu season [8] for the vast majority (>99 percent) of people. According to Dr. Ioannidis:
Across all countries (Figure 3), the median IFR was 0.0027%, 0.014%, 0.031%, 0.082%, 0.27%, and 0.59%, at 0-19, 20-29, 30-39, 40-49, 50-59, and 60-69 years, using data from 9, 9, 10, 9, 11, and 6 countries, respectively.
This equates to a 99.83 percent survival rate for all people under age 70 and in relatively good health. I have found no data that would refute Dr. Ioannidis’ risk analysis and IFR conclusions for the 2020 Seasonal Flu, now known as Covid-19.
Shot Risk
The actual risk of receiving the Shot is, on the other hand, presently unknown. There is an abundance of still-anecdotal evidence showing that the Shots have caused death, heart attacks, myocarditis (heart injury), Guillain Barre Syndrome (paralysis) and miscarriage. [9] It is impossible to fully assess the accurate risk or probability of these outcomes because there has not been enough time to gather all the facts and perform a meaningful statistical analysis. The Shots are being implemented under an expedited “Emergency Use Authorization” leaving little time to fully and accurately assess the risk.
The compressed timeline has meant that risks are being discovered in the process of delivering the Shot. These known risks are not being disclosed or communicated to Shot recipients because of the EUA orders. Moreover, in addition to knowable and calculable risk related to the Shots, there is also incalculable uncertainty. Some reputable doctors credibly claim that the m-RNA technology in the Shot causes a systemic degradation of the immune system that will ultimately result in immune system collapse. [10] Whether this is an actual risk cannot be known for years and so is properly identified as uncertain risk.
Finally, because the pharmaceutical companies selling the Shots have no liability for adverse outcomes,[11] and because the federal government is also immune from suit for adverse outcomes,[12] there is very little incentive for those mandating the Shots or selling the Shots to communicate the known risks or in gathering information about the unknown and uncertain future risk.
If I, like you, were in the position of employing hundreds of people and I was being compelled by immune-from-liability government and pharmaceutical companies to force the Shot on my employees, these facts would concern me, particularly in light of the Nuremberg Code and 45 C.F.R. 46.116. I write this because I am concerned about the risk to you as my employer and I don’t want this letter to be Exhibit A in a future Nuremberg Code lawsuit against you. “Just following orders” is not a valid defense when one knowingly puts other people’s lives and health at risk. [13]
CRISIS OF AUTHORITY
I have searched and found no clear legal, moral, or other authority that any Shot mandate can be legally effective beyond a very limited and subset of federal goverment employees. The existing mandates do not include the Post Office, members of Congress, their staffs, or members of the judicial branch. [14]
Executive Orders; Agency Rules; and Federal Court Decisions
My research indicates that President Joe Biden signed two Executive Orders on September 9, 2021 relating specifically to federal executive branch employees [15] and federal contractors (“Contractor Mandate“) [16]. On November 4, 2021, OSHA, via an admininstrative “emergency temporary standard” (“OSHA ETS“) [17] announced that private employers of more than 100 employees would need to order their employees to receive the Shot in order to comply with the OSHA ETS. And on November 5, 2021, the Centers for Medicaid and Medicare Services, another federal agency, issued an administrative rule mandating that employees of Medicaid and Medicare certified providers receive Shots (“CMS Mandate“) [18].
On November 6, the U.S. Fifth Circuit Court of Appeals [19] unanimously held that OSHA did not have jurisdiction to mandate the Shots and that the OSHA ETS was not likely to surive futher court review. On November 30, 2021, a Louisiana federal judge [20] held that the CMS Mandate was illegal as to employees of certified Medicaid and Medicare health care providers. On December 7, 2021, a Georgia federal judge [21] voided the Federal Contractor Mandate that the the federal govenment does not have jurisdiction over private, federal contractors. On December 22, 2021, a Florida federal judge also voided the Federal Contractor Mandate. [22]
On December 17, 2021, the Sixth Circuit Court of Appeals overruled the Fifth Circuit decision above and held that OSHA had the legal authority to mandate compulsory Shots [23]. On December 22, 2021, the United States Supreme Court agreed to review the Sixth Circuit’s decision and also agreed to review the CMS stay decisions.
I have included this history because, regardless of what the United States Supreme Court ultimately decides, it appears that many capable judges firmly believe that the Shot mandates exceeds the federal government’s power and authority. The serious disagreement, confusion, and lack of clear guidance among the federal judiciary adds to the view that full informed consent is not possible in these circumstances. If a large percentage of federal judges does not believe that goverment has the authority to mandate the Shots, then it seems that agreeing to submit to the Shot, with known medical risks, would be accepting legal risk that many federal judges do not feel is legitimate. Because informed consent and the Nuremberg Code require full awareness of risk, discord among federal judges only highlights the risk and uncertainly involved in submitting to the Shots. Given these facts, I personally will not feel safer or more secure if five, or even nine, United States Supreme Court Justices say that a potentially corrupted federal agency has the power to compel you to compel me to receive an experimental Shot.
As one of the over 80 million employees who could be harmed or killed if the Supreme Court affirms the federal Shot mandate, I want you to be aware of all the facts, including this dispute among federal judges, that is adding to the risk and uncertainty.
Informed consent, under these conditions, is impossible.
SINCERELY HELD BELIEFS
I am very grateful for the Shot mandates and your vaccine request because they have caused me to reflect, do the work contained in this letter, and ask myself what I believe in and what I do not believe in. I am left with the conclusion that I am better off putting my fate in the hand of my Sovereign Triune God and my Lord Jesus Christ than I am to putting it in the hands of potentially corrupted federal agencies.
Please trust that I believe what is contained in this letter. Indeed, I view it more as perception of reality than a “belief.” My position relative to the Shot mandate is based on an epistemolgical worldview: God is in charge here. I am just doing my part by using the brain and critical thinking skills that He gave me. If there are additional laws that accord with my worldview and you believe that such laws require that you cooperate with me, then please follow such laws. This will benefit both of us.
Again, I thank you for your vaccine request and look forward to working together in avoiding all unnecessary risk and uncertainty associated with the Shot mandates.
Please grant this exemption request.
Sincerely,
Your Loyal Employee.
NOTES:
[1] According to the inventor of the m-RNA technology, Dr. Robert Malone, an m-RNA shot is not a “vaccination” and is not an appropriate prophylactic treatment for Covid or any other seasonal flu. Dr. Malone states that because of 1992 changes to federal law requiring pharmaceutical companies to pay for FDA approval, the FDA is no longer an independent federal agency. In Dr. Malone’s view, the FDA has been subjected to regulatory capture and its decisions are biased by the pharmaceutical companies that fund it. See Dr. Malone’s interview here: https://evidencenotfear.com/tag/regulatory-capture/.
President Donald Trump also accepted a $1 million inauguration day donation from the Pfizer pharmaceutical company. https://www.spectrumnews.org/news/health-companies-gave-generously-president-trumps-inauguration/
[2] First case of Covid in the U.S. was January 21, 2020: https://www.history.com/this-day-in-history/first-confirmed-case-of-coronavirus-found-in-us-washington-state
[3] Trump Executive Order 13887, (September 19, 2019): https://www.federalregister.gov/documents/2019/09/24/2019-20804/modernizing-influenza-vaccines-in-the-united-states-to-promote-national-security-and-public-health
[4] CDC data show that the seasonal flu virtually disappeared in 2020, despite increased testing: https://www.cdc.gov/flu/season/faq-flu-season-2020-2021.htm See also, Chart showing that data showing deaths from flu and pneumonia dropped vertically immediately after the first reported case of “covid” in the U.S.: https://rightwirereport.com/wp-content/uploads/2020/05/Pneumonia-Chart.jpg
[5] nuremberg.pdf
[6] https://profiles.stanford.edu/john-ioannidis
[7] The inventor of PCR testing, Nobel Laureate Kary Mullis, indicated on tape that PCR testing can “tell you anything you want it to tell you,” and said that it is an inappropriate tool for identifying viruses. https://www.youtube.com/watch?v=QPs86XB1OjE
[8] http://biomechanics.stanford.edu/me233_20/reading/ioannidis20.pdf. See also, https://patriotdailypress.org/2021/09/02/new-stanford-studies-on-covid-19-infection-fatality-rates-should-end-covidstan-forever/
[9] https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/adverse-events.html
[11] In 1986, Congress passed the National Childhood Vaccination Injury Act, absolving vaccine manufacturers from liability and setting up a federal fund and system that allowed for recovery for victims of known harms, 42 U.S.C. 300aa-22. Under the Covid regime, the Covid Shot sellers were given complete immunity under the PREP Act, 42 U.S.C. 247d-6e.
[12] https://en.wikipedia.org/wiki/Sovereign_immunity_in_the_United_States
[13] The United States of America v. Karl Brandt et al., http://werle.rewi.hu-berlin.de/MedicalCase.pdf
[14] https://www.newsweek.com/members-congress-staff-exempt-biden-covid-vaccine-mandate-1627859. Postal employees are exempt from federal employee vaccine mandate: https://www.msn.com/en-us/news/us/postal-workers-exempt-from-new-vaccine-requirements-report/ar-AAOhiV0
[15] Executive Order 14043, (September 9, 2021): https://www.federalregister.gov/documents/2021/09/14/2021-19927/requiring-coronavirus-disease-2019-vaccination-for-federal-employees
[16] Executive Order 14042, (September 9, 2021): https://www.federalregister.gov/documents/2021/09/14/2021-19924/ensuring-adequate-covid-safety-protocols-for-federal-contractors
[17] https://www.osha.gov/coronavirus/ets2
[18] CMS Mandate (November 5, 2021): https://www.federalregister.gov/documents/2021/11/05/2021-23831/medicare-and-medicaid-programs-omnibus-covid-19-health-care-staff-vaccination
[19] BST Holdings, LLC v. OSHA, No. 21-60845 (5th Cir. November 6, 2021): https://www.ca5.uscourts.gov/opinions/pub/21/21-60845-CV0.pdf
OSHA itself concedes that it does not have juridiction over state, county, or municipal governments. https://www.osha.gov/laws-regs/standardinterpretations/2006-10-11-1. The CDC’s jurisdiction over “disease” is limited, by statute, and excludes everthing that happens exclusively within a state (does not cross state lines). 42 U.S.C. 264(c).
[20] Louisiana v. Becarra, No. 21-CV-0397 TAD/KDM (W.D. La. November 30, 2021): https://www.alabamaag.gov/Documents/news/CMS Nationwide Injunction.pdf
[21] Georgia v. Biden, No. 21-CV-00163 RSB/BKE (S.D. Ga.. December 7, 2021): https://www.scag.gov/media/1pfaybfp/federal-contractor-order.pdf
[22] Florida v. Nelson, No. 21-CV–254 SDM/TGW (M.D. Fla. December 22, 2021): https://storage.courtlistener.com/recap/gov.uscourts.flmd.395435/gov.uscourts.flmd.395435.37.0.pdf
[23] In re: MCP No. 165, OSHA Interim Final Rule: Covid Vaccination and Testing, No. 21-7000 (December 17, 2021): https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf
[24] https://www.supremecourt.gov/orders/courtorders/122221zr2_f20h.pdf
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