The Federal Act That Suspended Your Rights During The COVID Pandemic

The Shadowy Origins of the PREP Act

In 1998 the Pentagon drafted an internal strategy paper that promoted the development of pandemic bioweapons. Apparently traditional armaments were considered passe’, a little too loud and messy. Perhaps something a bit more subtle and potentially untraceable was called for.

A particularly odious component of that strategy would be the ability of the military to hide the very origins of the bioweapon. The author of that paper, Colonel Dr. Robert Kadlec, wrote:

Using biological weapons under the cover of an endemic or natural disease occurrence provides an attacker the potential for plausible denial.  Biological warfare’s potential to create significant economic loss and subsequent political instability, coupled with plausible denial, exceeds the possibilities of any other human weapon.

Maybe cook up some new virus in a foreign lab that happens to escape and then claim it occurred naturally. Then censor social media and pay the press to denounce anyone who challenges the natural origins story.  Genius.

The 1972 Biological Weapons Convention frustrated US defense and spy agencies’ aspirations to legally conduct research and produce bioweapons. Dr. Kadlec and colleagues needed a work-around, a justification for prying open the Convention’s restrictions. They needed a plan.

Dark Winter

During the summer of 2001, just three months before the 9/11 attacks, the Pentagon sponsored a war game, code-named Dark Winter, led by Colonel and Physician Kadlec. Participants simulated a smallpox attack on the US that explored civil and medical countermeasures that would contain a theoretical, rapidly spreading pandemic.

It should be no surprise the exercise concluded that the US lacked vaccines to combat imagined bioweapons attacks, forcible restraints on citizens’ rights may be necessary, and Americans can no longer take basic civil liberties such as freedom of assembly or travel for granted.

Then came the 9/11 attacks.  The political landscape was about to change dramatically.

With remarkable prescience, just seven days after the attacks on 9/11/2001 letters containing anthrax spores were mailed to several news media offices and to Senators Daschle and Leahy, killing five people and infecting 17 others. 

Perhaps not coincidentally, Senators Daschle and Leahy were among the few who initially opposed legislation imposing severe restrictions on personal privacy protections in defense of “freedom” that would become the Patriot Act. The bioweapon threat persuaded them otherwise and they became enthusiastic supporters of the bill, which passed 98-1 in the Senate.

The military and CIA got their wish.  Billions of dollars would flow into bioweapon, gain-of-function research in the ensuing years.  The concept of medical countermeasures would forever become associated with bioweapon-vaccine development and would become a foundational element for PREP Act legislation.

Here’s how it works:

First develop the bioweapon in a lab (say, SARS-CoV-2 in a Chinese lab), then develop a medical countermeasure (say, mRNA COVID-19 vaccine using a completely novel technology), then insulate everyone involved from liability (say, PREP Act) and voila – a bioweapon trifecta!

For a deeper dive into the Current DoD Medical Biowarfare Countermeasures Program and authorities GO HERE.

The PREP Act

The Public Readiness and Emergency Preparedness (PREP) Act was enacted in 2005 to shield vaccine manufacturers from liability in the event of a declared public health emergency. Drug makers are protected from financial risk related to the manufacture, testing, development, distribution, administration, and use of medical countermeasures against bioweapons and other agents of terrorism, epidemics, and pandemics.

Vaccine manufacturers heavily lobbied congress for the legislation, which would override state vaccine safety laws in the event of an emergency declaration by the Secretary of Department of Health and Human Services (DHHS). But didn’t the National Childhood Vaccine Injury Act (NCVIA) of 1986 already insulate Big Pharma from product liability? 

Oh but Big Pharma and Big Government gained so much more than liability protection for manufacturers. 

The PREP Act, combined with the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, effectively strips Americans of rights of assembly, travel, commerce, medical confidentiality, and  expression of medical opinion upon the declaration of a public health emergency by the DHHS Secretary (who as of this printing is a lawyer with no medical background or experience).

Covered Countermeasures

Here are a few provisions in the Acts you may not have heard about. 

Force FDA Action

If the Secretary designates a vaccine, medication or device as a “priority countermeasure” to some perceived national threat (for example, the latest of hundreds of SARS-CoV-2 variants or Monkeypox or Influenza), it can direct FDA to grant fast-track approval of that countermeasure.

In fact, it can approve an unapproved drug, vaccine, device or other countermeasure based on animal experimentation alone (as has been done for mRNA boosters).  No human clinical trials are required.

Surveillance Tools

The PREP Act also directs the Secretary to evaluate new technology to improve the ability of public health officials to conduct surveillance activities related to what they perceive to be public health emergencies.

Without specifying in the Act, these could include surveillance of who publishes contrary medical opinion, who assembles for church during quarantine, who refuses a digital ID, who is unvaccinated, who uses off-label repurposed drugs (think ivermectin) or even who purchases guns.

Detention

And there is this provision in the 2002 Bioterrorism Act under Subtitle D: Emergency Authorities.  During a declared public health emergency the DHHS Secretary in consultation with the Surgeon General can specify communicable diseases that are subject to individual detention orders.

Without specification in the Act, this could include detention of those refusing a priority countermeasure such as vaccination or isolation during a declared public health emergency. China and Australia forced detainment on thousands of their citizens and the 2002 Act provides the authority to impose the same detention on Americans.

Resentment of a Non-Compliant Public

Make no mistake, public health authorities at the national and local levels despised and resented the unvaccinated.  They heaped scorn on those who resisted vaccination or advocated early alternative treatment in public statements, echoed by a compliant media.

Do not doubt for a moment that those same authorities would happily detain citizens who openly opposed their orders if the fear factor and political will were high enough during some future pandemic.

Who Else Has Immunity Under the PREP Act?

It’s not just the vaccine manufacturers who have immunity. 

For starters, you can’t sue the doctor or any other licensed practitioner that injured you. The PREP Act’s liability immunity applies to “covered persons” with respect to administration or use of a “covered countermeasure.” 

Covered persons include, 

A licensed health professional or other individual who is authorized to prescribe, administer, or dispense covered countermeasures under the law of the state in which the countermeasure was prescribed, administered, or dispensed. 

Pursuant to such an emergency declaration, liability protection would extend to doctors and other individuals and organizations involved with countermeasures, which may include any medical product to prevent, treat, mitigate, or diagnose an epidemic.

So liability protection extends to the hospital that held you against your will, excluded your next of kin, forced you to take drugs you didn’t want, as well as the pharmacy that gave you the injection without informed consent, the local clinic that injected or tested you, the testing laboratory that ran PCR tests with a 95% false positivity rate, and of course your providers. 

What if you are injured and want to sue? 

File a malpractice complaint in your local superior court? Not exactly.  According to the Act:

A plaintiff whose claim is subject to PREP Act can sue the defendant only in the United States District Court for the District of Columbia. For such a civil action, PREP Act requires the complaint to be pleaded with particularity, verified under oath by the plaintiff, and accompanied by an affidavit from a non-treating physician to explain how the covered countermeasure injured the plaintiff, as well as relevant medical records.

Yeah, good luck with that. Your provider is defended by the US Department of Justice.

Conclusion

The PREP Act of 2005 and the Bioterrorism Act of 2002 combine to give the administrative state near absolute control over our lives based on a declaration by the DHHS Secretary of a public health emergency.  The COVID-19 pandemic was a trial run that must have succeeded beyond a government bureaucrat’s wildest dreams.

Big Pharma got richer, Government Agencies got stronger, Politicians got more power, and Americans’ constitutional rights got weaker.  The next pandemic will only further test the limits of their power.

These Acts must be repealed and redrafted in a manner that preserves our freedoms.