Free Lawyer’s “Vaccine Mandate Protest Letter” for Employers: “The Vaccine remains Unapproved by the FDA… Federal Law Forbids Mandating it, in accordance with the Nuremberg Code…”
High-profile trial lawyer Robert Barnes who deals in civil, criminal and constitutional law has written a “Vaccine Mandate Protest Letter” for those of you unfortunate enough to have an apparently lawless mandate employer which you can use free of charge:Robert Barnes@RobertBarnes July 26, 2021Vaccine Mandate Protest Letter
No authorship claim or copyright asserted…this letter just came to me in a bottle, and I have no idea who might have penned it, nor can I possibly vouch for it, and what you fine folks do with it is entirely in your own hands, as the Gentlemen of the Bar remind me I can proffer no general legal advice in the matter, and must officially disclaim proffering any such advice here…edit and excise as you see fit, amend and append as you desire, and claim authorship or anonymity as may best befit you…as always, as you wish…
Compelling any employee to take any current Covid-19 vaccine violates federal and state law, and subjects the employer to substantial liability risk, including liability for any injury the employee may suffer from the vaccine. Many employers have reconsidered issuing such a mandate after more fruitful review with legal counsel, insurance providers, and public opinio n advisors of the desires of employees and the consuming public. Even the Kaiser Foundation warned of the legal risk in this respect. (https://www.kff.org/coronavirus-covid-19/issue-brief/key-questions-about-covid-19-vaccine-mandates/)
Three key concerns: first, while the vaccine remains unapproved by the FDA and authorized only for emergency use, federal law forbids mandating it, in accordance with the Nuremberg Code of 1947; second, the Americans with Disabilities Act proscribes, punishes and penalizes employerswho invasively inquire into their employees’ medical status and then treat those employees differently based on their medical status, as the many AIDS related cases of decades ago fully attest; and third, international law, Constitutional law, specific statutes and the common law of torts all forbid conditioning access to employment upon coerced, invasive medical examinations and treatment, unless the employer can fully provide objective, scientifically validated evidence of the threat from the employee and how no practicable alternative could possible suffice to mitigate such supposed public health threat and still perform the necessary essentials of employment.
At the outset, consider the “problem” being “solved” by vaccination mandates. The previously infected are better protected than the vaccinated, so why aren’t they exempted? Equally, the symptomatic can be self-isolated. Hence, requiring vaccinations only addresses one risk: dangerous or deadly transmission, by the asymptomatic or pre-symptomatic employee, in the employment setting. Yet even government official Mr. Fauci admits, as scientific studies affirm, asymptomatic transmission is exceedingly and “very rare.” Indeed, initial data suggests the vaccinated are just as, or even much more, likely to transmit the virus as the asymptomatic or pre-symptomatic. Hence, the vaccine solves nothing. This evidentiary limitation on any employer’s decision making, aside from the legal and insurance risks of forcing vaccinations as a term of employment without any accommodation or even exception for the previously infected (and thus better protected), is the reason most employers wisely refuse to mandate the vaccine. This doesn’t even address the arbitrary self-limitation of the pool of talent for the employer: why reduce your own talent pool, when many who refuse invasive inquiries or risky treatment may be amongst your most effective, efficient and profitable employees?
First, federal law prohibits any mandate of the Covid-19 vaccines as unlicensed, emergency-use-authorization-only vaccines. Subsection bbb-3(e)(1)(A)(ii)(III) of section 360 of Title 21 of the United States Code, otherwise known as the Emergency Use Authorization section of the Federal Food, Drug, and Cosmetic Act, demands that everyone give employees the “option to accept or refuse administration” of the Covid-19 vaccine. (https://www.law.cornell.edu/uscode/text/21/360bbb-3 ) This right to refuse emergency, experimental vaccines, such as the Covid-19 vaccine, implements the internationally agreed legal requirement of Informed Consent established in the Nuremberg Code of 1947. (http://www.cirp.org/library/ethics/nuremberg/ ). As the Nuremberg Code established, every person must “be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision” for any medical experimental drug, as the Covid-19 vaccine currently is. The Nuremberg Code prohibited even the military from requiring such experimental vaccines. (Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (D.D.C. 2003).
Second, demanding employees divulge their personal medical information invades their protected right to privacy, and discriminates against them based on their perceived medical status, in contravention of the Americans with Disabilities Act. (42 USC §12112(a).) Indeed, the ADA prohibits employers from invasive inquiries about their medical status, and that includes questions about diseases and treatments for those diseases, such as vaccines. As the EEOC makes clear, an employer can only ask medical information if the employer can prove the medical information is both job-related and necessary for the business. (https://www.eeoc.gov/laws/guidance/questions-and-answers-enforcement-guidance-disability-related-inquiries-and-medical). An employer that treats an individual employee differently based on that employer’s belief the employee’s medical condition impairs the employee is discriminating against that employee based on perceived medical status disability, in contravention of the ADA. The employer must have proof that the employer cannot keep the employee, even with reasonable accommodations, before any adverse action can be taken against the employee. If the employer asserts the employee’s medical status (such as being unvaccinated against a particular disease) precludes employment, then the employer must prove that the employee poses a “safety hazard” that cannot be reduced with a reasonable accommodation. The employer must prove, with objective, scientifically validated evidence, that the employee poses a materially enhanced risk of serious harm that no reasonable accommodation could mitigate. This requires the employee’s medical status cause a substantial risk of serious harm, a risk that cannot be reduced by any another means. This is a high, and difficult burden, for employers to meet. Just look at the all prior cases concerning HIV and AIDS, when employers discriminated against employees based on their perceived dangerousness, and ended up paying millions in legal fees, damages and fines.
Third, conditioning continued employment upon participating in a medical experiment and demanding disclosure of private, personal medical information, may also create employer liability under other federal and state laws, including HIPAA, FMLA, and applicable state tort law principles, including torts prohibiting and proscribing invasions of privacy and battery. Indeed, any employer mandating a vaccine is liable to their employee for any adverse event suffered by that employee. The CDC records reports of the adverse events already reported to date concerning the current Covid-19 vaccine.(https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/vaers.html )
Finally, forced vaccines constitute a form of battery, and the Supreme Court long made clear “no right is more sacred than the right of every individual to the control of their own person, free from all restraint or interference of others.” (https://www.law.cornell.edu/supremecourt/text/141/250)
Employee of the Year
Stop for a moment of silence, ask Jesus Christ what He wants you to do now and next. In this silence remember God, Father, Son and Holy Ghost – Three Divine Persons yet One God, has an ordered universe where you can know truth and falsehood as well as never forget that He wants you to have eternal happiness with Him as his son or daughter by grace. Make this a practice. By doing this you are doing more good than reading anything here or anywhere else on the Internet.
– Doctor of the Church St. Francis de Sales totally confirmed beyond any doubt the possibility of a heretical pope and what must be done by the Church in such a situation:
“[T]he Pope… WHEN he is EXPLICITLY a heretic, he falls ipso facto from his dignity and out of the Church, and the Church MUST either deprive him, or, as some say, declare him deprived, of his Apostolic See.”
(The Catholic Controversy, by St. Francis de Sales, Pages 305-306)
Saint Robert Bellarmine, also, said “the Pope heretic is not deposed ipso facto, but must be declared deposed by the Church.”
– “If Francis is a Heretic, What should Canonically happen to him?”: http://www.thecatholicmonitor.com/2020/12/if-francis-is-heretic-what-should.html
– “Could Francis be a Antipope even though the Majority of Cardinals claim he is Pope?”: http://www.thecatholicmonitor.com/2019/03/could-francis-be-antipope-even-though.html
– LifeSiteNews, “Confusion explodes as Pope Francis throws magisterial weight behind communion for adulterers,” December 4, 2017:
The AAS guidelines explicitly allows “sexually active adulterous couples facing ‘complex circumstances’ to ‘access the sacraments of Reconciliation and the Eucharist.'”
– On February 2018, in Rorate Caeli, Catholic theologian Dr. John Lamont:
“The AAS statement… establishes that Pope Francis in Amoris Laetitia has affirmed propositions that are heretical in the strict sense.”
– On December 2, 2017, Bishop Rene Gracida:
“Francis’ heterodoxy is now official. He has published his letter to the Argentina bishops in Acta Apostlica Series making those letters magisterial documents.”
Pray an Our Father now for the restoration of the Church by the bishops by the grace of God.
– Intel Cryptanalyst-Mathematician on Biden Steal: “212Million Registered Voters & 66.2% Voting,140.344 M Voted…Trump got 74 M, that leaves only 66.344 M for Biden” [http://catholicmonitor.blogspot.com/2020/12/intel-cryptanalyst-mathematician-on.html?m=1]
– Will US be Venezuela?: Ex-CIA Official told Epoch Times “Chávez started to Focus on [Smartmatic] Voting Machines to Ensure Victory as early as 2003”: http://catholicmonitor.blogspot.com/2020/12/will-us-be-venezuela-ex-cia-official.html– Tucker Carlson’s Conservatism Inc. Biden Steal Betrayal is explained by “One of the Greatest Columns ever Written” according to Rush: http://catholicmonitor.blogspot.com/2021/01/tucker-carlsons-conservatism-inc-biden.html?m=1 – A Hour which will Live in Infamy: 10:01pm November 3, 2020:
http://www.thecatholicmonitor.com/2021/01/a-hour-which-will-live-in-infamy-1001pm.html?m=1 What is needed right now to save America from those who would destroy our God given rights is to pray at home or in church and if called to even go to outdoor prayer rallies in every town and city across the United States for God to pour out His grace on our country to save us from those who would use a Reichstag Fire-like incident to destroy our civil liberties. [Is the DC Capitol Incident Comparable to the Nazi Reichstag Fire Incident where the German People Lost their Civil Liberties?: http://catholicmonitor.blogspot.com/2021/01/is-dc-capital-incident-comparable-to.html?m=1 and Epoch Times Show Crossroads on Capitol Incident: “Anitfa ‘Agent Provocateurs‘”:
Pray an Our Father now for the grace to know God’s Will and to do it.