After this afternoon’s article by a naval officer challenging the COVID-19 vaccine mandate in the military, a US Navy officer sent us the information he had gathered on the matter.
This afternoon we reported information from a Navy officer showing the COVID-19 vaccine mandate is not legal.
Here’s what our marine friend shared.
I believe that the Navy / Marine Corps leadership and our senior Navy health professionals have failed to fulfill their responsibility to properly read and follow applicable statutory law, the Department of Defense, and service specific orders and instructions. As a result, you may have issued an order that results in personal harm, harm or injury to a member of the subordinate Service; and it is a violation of the law or regulation; not allowed; arbitrary, capricious or abuse of discretion; or unfair by virtue of the circumstances and the way the vaccines were administered.
He bases his analysis on similar documents prepared by the naval officer in the article above. It claims that the Pfizer-BioNTech COVID-19 vaccine is an EUA product, not an FDA approved product, and has not received full license from the FDA.
The naval officer argues that any order requiring the administration of the Pfizer-BioNTech COVID-19 vaccine and vaccines labeled as being the legal equivalents of the FDA-approved COMIRNATY or as being themselves an authorized vaccine is an illegal order based on fraud and in violation of USC 21, Chapter 9, Subchapter V, Part E, Section 360bbb-3 (e) (1) (A) requirements.
In addition, a lawyer who represents three active-duty marines with the same problem contacted us.
He said we may want to consider a October 29, 2021 revision of the FDA’s EUA letter (and Pfizer’s updated EUA vaccine fact sheet) which states that Pfizer-BioNTech COVID-19 and COMIRNATY vaccines are NOT formulated identically , but instead contain several ingredients. They revised the language to claim that they are “analytically comparable”.
This recent development means that the factual “basis” invoked by the DOD and the US Navy is no longer valid. He will appeal our denied religious housing requests at the end of the week, due to the blatant disregard for Marine Corps and Department of Defense policies in reviewing and adjudicating these requests.