Tag: covid-19
RFK Jr. Loses Lawsuit (Again) Over 'Cavorting With Neo-Nazis In Berlin'

RFK Jr. Loses Lawsuit (Again) Over 'Cavorting With Neo-Nazis In Berlin'

Years ago, during the COVID-19 pandemic, current Health and Human Services Secretary Robert F. Kennedy Jr. cavorted with neo-Nazis in Berlin. A Daily Kos community member, whose real name is David (which he himself revealed), summarized a local news article about the event, headlined his write-up “Anti-Vaxxer RFK JR. joins neo-Nazis in massive Berlin ‘Anti-Corona’ Protest,” and moved on with his day.

In 2021, a furious RFK Jr. sued Daily Kos to unmask David’s identity. Four-plus years later, after bouncing between New York and California courts, amicus briefs from The New York Times and 10 other organizations, and endless appeals, our case is still working its way through the courts. Somewhere along the way and after considerable expenses, RFK Jr.’s team figured out David’s identity and sued him directly. Those original suits went nowhere: He filed in New Hampshire—while David lives in Maine—then blew an appeal deadline (his lawyers blamed bad Wi-Fi, no joke).

My most recent comprehensive update on the case is here.

(For the record, I’ve flat-out called RFK Jr. a Nazi. He’s never sued me or Daily Kos for that—just fixated on the lower-profile diarist. It’s been bizarre.)

At this point, two cases remained. The first is ours, still on appeal, aimed at securing a New York precedent to shield media outlets from frivolous suits like this. The second—the case against David—should finally be dead now, after a Maine judge granted summary judgment earlier this month. And the reasoning is hilarious.

Summary judgment means that the facts can’t be in dispute and that the judge can rule as a matter of law. The fatal problem for RFK Jr.? He refused to deny that he cavorted with neo-Nazis.

From the decision, RFK Jr. alleged that David claimed he:

  1. Helped cause the Samoa Measles Outbreak;
  2. Opposed all vaccines;
  3. Expressed “dangerous vaccine conspiracies” that caused the death of 234,000 Americans;
  4. Wanted to cause the death of all black people;
  5. Said Covid19 was designed to save Jewish people; and
  6. Knowingly joined, supported, and associated with a neo-Nazi party in Berlin.

The judge dismantled those claims one by one. Here’s an example, given the outrageousness of the claim: 

iv. Plaintiff “wanted to cause the death of black people”Defendant has never written or said this statement [...] On January 4, 2022, Defendant posted on X, without comment, a link to an article, authored by thegrio.com, titled "Anti-vaxxer Robert F. Kennedy Jr. is harming black people—and his family legacy—with his vaccine misinformation campaign.” [...] Plaintiff does not offer sworn evidence to the contrary.

To make it crystal clear, a reposted tweet from a respected publication on how RFK Jr. is reportedly harming Black people turned into a legal claim that RFK Jr. “wanted to cause the death of all black people.” He really is a piece of shit.

Let’s do another one:

v. Plaintiff “said Covid19 was designed to save Jews”Defendant has never written or said this statement. [...] On July 16, 2023, Defendant posted on X, without comment, a link to an article, authored by the Washington Post, titled “Robert F. Kennedy Jr. suggests covid was designed to spare Jews, Chinese People.” [...] Complaint supports Defendant’s assertion that he repeated the third-party content without embellishment. Plaintiff denies Defendant posted the link without embellishment, but cites no admissible record evidence to support the denial.

Again, RFK Jr.’s lawyers took a simple link to a Washington Post article and created an alternate reality in which David claimed COVID was “designed to save Jews.” RFK Jr.’s lawyers should be disbarred for wasting the court’s time with these egregious lies.

But the kicker is the Nazi-rally bit, the whole reason this fiasco started.

Defendant establishes as true, and Plaintiff admits, that Plaintiff joined the protest rally in Berlin as a speaker. [...] Plaintiff argues that Defendant’s statement [that it was organized by neo-Nazis] supports a defamatory inference that Plaintiff joined a neo-Nazi party or movement as a member. Although a defamatory inference may be actionable, the statement that Plaintiff joined the protest, which is true, does not reasonably give rise to an inference that Plaintiff joined the organizations sponsoring the protest.

In other words, RFK Jr. and his lawyers didn’t argue that the rally wasn’t organized by Nazis, just that he didn’t join the Nazi party as a member. Cool beans, bro. Except David never said RFK Jr. was a Nazi, just that he joined Nazis at their rally—and that turned out to be factually true. RFK Jr. didn’t even bother to dispute that part.

So chalk one up for the First Amendment.

And thank you—to our community and to Public Citizen—for funding this defense, and to David for standing strong throughout it all. He went up against RFK Jr. and emerged victorious. That couldn’t have been easy.

RFK Jr. is a dangerous loon who cavorts with neo-Nazis, and he can go fuck himself.

Reprinted with permission from Daily Kos.

With New Vaccine 'Guidelines,' Kennedy Makes America Sick Again

With New Vaccine 'Guidelines,' Kennedy Makes America Sick Again

Pregnant women and children may be losing access to more vaccines, in addition to COVID-19, due to new recommendations. Health and Human Services Secretary Robert F. Kennedy’s newly beefed-up Advisory Committee on Immunization Practices met Thursday to discuss whether or not they will continue to recommend vaccinations in young children for hepatitis B as well as the measles, mumps, rubella, and varicella, known as the MMRV vaccine.

Former Centers for Disease Control and Prevention veteran Dr. Fiona Havers, who resigned in response to Kennedy’s dismantling of the CDC, saw the meeting as another anti-vaccine spectacle.

“This meeting, with a committee that is stacked with RFK Jr.'s handpicked appointees, many with a well-documented history of anti-vaccine views, was another opportunity for the HHS secretary to falsely stoke fears about vaccine safety,” Havers told Daily Kos.

Havers oversaw critical data-gathering on hospitalizations related to COVID-19 and crafted guidance on handling the Zika virus and other outbreaks during her time at the CDC. But now, she told Daily Kos as she watched the hearing, votes like this are just putting more people at risk.

“Anything that decreases vaccine confidence or access to vaccines will lead to unnecessary infections, more hospitalizations, and more preventable deaths,” she said.

When discussions kicked off Thursday afternoon, it didn’t take long for some to point out the pitfalls of removing or tampering with current vaccine guidelines.

At one point, ACIP member Dr. Joseph Hibbeln, a psychiatrist and neuroscientist, pointed out that the proposed changes to the MMRV vaccine would put families at risk of not being able to afford immunizations for their children even if they did, in fact, want it. Under the proposed changes, the vaccine wouldn’t be covered by the financial assistance program Vaccines for Children. Additionally, insurance companies may drop coverage of the shot as well.

"So that implies that the parents' choice, unless they want to pay for it themselves, the parents' choice is taken away," Hibbeln said, adding that the option would be "basically taken away from them.”

While one ACIP member made a case against altering the MMRV vaccine recommendation, Kennedy made sure to fill the council with people who shared his ideology.

The HHS secretary sacked 17 members of the ACIP in June, and replaced them with his handpicked staff. Many of the people Kennedy selected have already been linked to anti-vaccine rhetoric.

And given the disastrous spread of measles across Texas earlier this year, vaccine availability may be a high concern for some.

However, it wasn’t just the MMRV on the table. The ACIP members also were voting on removing recommendations for hepatitis B immunizations in newborns. Typically, this shot has been administered to children soon after birth to protect them from contracting the virus in case their mother is a carrier.

Kennedy’s team of vaccine skeptics pushed the idea of waiting one to four months before giving the child the shot, should the mother test negative for hepatitis B.

“If there is some benefit or removal of harm from waiting a month, I haven’t seen any data,” one member of the panel shot back said. “But there are a number of potential harms.”

Havers also pointed out the dangers of delaying the shot.

“If the recommendation for a universal hepatitis B birth dose is changed, more infants will be infected with a lifelong, incurable infection that can cause cancer, cirrhosis or death,” she told Daily Kos.

“Administering the birth dose to all infants prevents vulnerable infants from being missed at birth and also protects them throughout childhood from hepatitis B infection. The current vaccine has been used for decades and is extremely safe and effective. If it is changed, we will see children die unnecessarily.”

Kennedy’s anti-vaccine grip on HHS has grown since he’s taken over the position. From firing CDC directors who don’t agree with his agenda to altering vaccine recommendations, many changes are taking place within the groups that manage America’s health and wellness.

Reprinted with permission from Daily Kos.

In Los Angeles, We Don't Need The Marines To Bust A Few Hooligans

In Los Angeles, We Don't Need The Marines To Bust A Few Hooligans

I'm fine. Thanks for asking. Other than the endless and awful worries that come with caring for my daughter with long Covid, and the very real fear that Robert F. Kennedy Jr. and his boss will cut all the research programs that are the best and only hope for the millions (and there will be millions more) suffering from this now incurable disease, I'm OK. To tell the truth, I haven't seen a single protester, or any Immigration and Customs Enforcement agents for that matter. The protests have not taken over the city. I've lived through riots. These aren't riots.

I know. You've seen the pictures of the burning Waymo taxicabs. All three of them. I've seen them too — on TV, literally hundreds of times. What does that prove? That there are hooligans who will take advantage of any situation that will possibly give them cover for wrongdoing? The hooligans should be arrested and punished. The LAPD is fully qualified to do that. We don't need the Marines or the National Guard to round up a handful of hooligans.

The Chief of the LAPD told the City Council on Tuesday that LAPD officers arrested 114 people at protests Monday night — 53 for allegedly failing to disperse and 15 on suspicion of looting. The potential looters were stopped. One person was arrested for alleged assault with a deadly weapon on an officer, and another was arrested on suspicion of attempted murder. They will be punished. The LAPD arrested 27 people at protests on Saturday and 40 on Sunday.

The problem is not the protesters. They have every right to be protesting the wholesale roundup of people with brown skin who have committed no crimes. ICE doesn't like to release the numbers, for obvious reasons, but what's come out so far suggest that half the people ICE has detained were not subject to warrants for their arrests and have committed no crimes.

On Tuesday, the mayor of Los Angeles imposed a curfew on exactly one square mile of downtown LA in an effort to stop the hooligans who were looting. Downtown LA was quiet on Tuesday night. Los Angeles is a city of nearly 500 square miles. One-five hundredth of the city was under a curfew, hardly reason to send in an invading military force, which Trump has done.

And there is certainly no reason to attack the organizers of the peaceful protests, which is what Republican grandstanders are doing. On Wednesday, Missouri Republican Sen. Josh Hawley threatened an investigation of one of our city's most respected immigrant organizations, the Coalition for Humane Immigrant Rights, which he accused of "bankrolling the unrest." Hawley, who chairs the Senate Judiciary Subcommittee of Crime and Counterterrorism, wrote to the leader of the group that they should "cease and desist any further involvement in the organization, funding, or promotion of these unlawful activities."

What he called, but didn't identify, as "credible reporting now suggests that your organization has provided logistical support and financial resources to individuals engaged in these disruptive actions. Let me be clear: bankrolling civil unrest is not protected speech. It is aiding and abetting criminal conduct."

No, it's not. Organizing and supporting peaceful protests against mass, untargeted roundups and the misuse of the military is fully protected by the First Amendment.

Trump wants race riots. He wants people to be terrorized. He wants to exercise absolute authority. The protests will continue, and they will spread. Trump railed against the rapists and murderers he claimed were invading our country. He promised to remove them. Fine. Now that he's president, he can't find enough of them to fulfill his quotas. So instead, he is going after law-abiding neighbors with force and without due process. He has triggered this unrest, and it is his fault. The organizers of the protests in Los Angeles are doing everything they can to ensure that the protests are peaceful and lawful. The same cannot be said of Trump and his minions.

Reprinted with permission from Creators.

Why Trump's Latest FDA Appointee May Imperil Agency's Vital Work

Why Trump's Latest FDA Appointee May Imperil Agency's Vital Work

By appointing Dr. Vinay Prasad to run the Center for Biologics Evaluation and Research, the Trump regime has installed another prominent opponent of Covid-era public health policies to a key position at the Food and Drug Administration.

CBER is responsible for ensuring the safety and efficacy of vaccines, biologic drugs, gene therapies and the blood supply. When FDA Commissioner Martin Makary announced Prasad’s appointment yesterday, he noted the 42-year-old oncologist-epidemiologist has published hundreds of articles in the medical literature. I read their titles this morning. Only a few shed light on how he views the arenas he will soon oversee.

On the other hand, his recent writings on X (formerly Twitter), the substack Sensible Medicine, and his own substack Observations and Thoughts have plenty to say about school closures (“the great domestic policy failure of the last 25 years”); kids wearing masks outdoors (“whoever made the policy is an idiot”); and the annual Covid booster shot (“a public health disaster the likes of which we’ve never seen before”).

On the day after Trump’s election last November, he gave failing grades to the FDA and National Institutes of Health. He called for the elimination of 10,000 jobs at the Centers for Disease Control and Prevention, which he rated as an “abject failure.”

The rhetoric sounds more Trump/Muskian than even-handed or scientific. It is typical of his recent writings, which have taken on an increasingly strident tone since the pandemic. He has repeatedly attacked officials like Anthony Fauci and those at the CDC for ignoring alternative strategies and censoring proponents of herd immunity like Jay Bhattacharya, who now runs NIH.

One of Prasad’s recent posts called for large-scale, randomized clinical trials for the annual booster shots for COVID vaccines. That was in line with Makary’s order late last month that Novavax conduct a new clinical trial to test the annual update of its traditional Covid vaccine, which is the only alternative to the mRNA vaccines sold by Pfizer and Moderna. This new requirement may also be applied to the annual flu vaccines, which will cost the vaccine makers money (who cares?), but more importantly, will take much more time (something we should all care about).

“The FDA is a failure,” Prasad wrote last fall. “It rubber stamps too many useless products. It needs to either remove itself from the picture, or demand randomized trials measuring appropriate endpoints.”

Right turn

This rightward turn in Prasad’s public posture is a relatively recent phenomenon. He began his academic career by studying conflicts of interest in medicine (my own field when working at the Center for Science in the Public Interest). In 2017, he published a study in JAMA Internal Medicine that challenged the ridiculously high sum big drug companies claimed it cost to develop a new drug. (Full disclosure: I was invited to write the accompanying editorial, which was headlined “A Much-Needed Corrective on Drug Development Costs”).

To this day, the insidious role money plays in medicine remains central to how he views the relationship between the drug industry and government. “This is the core rot in American regulation. The revolving door politics. I find this behavior abhorrent, and it should be criminal,” he has written.

He has called for ending all conflicts of interest on FDA advisory committees and wants to set up a “new Phase IV safety detection system” for monitoring adverse vaccine events. “I think vaccine makers should face litigation, as drug makers do,” he has written. He’s also skeptical of using surrogate endpoints and accelerated approvals, which led the FDA to “rubber stamp dozens of drugs with no evidence they help Americans.”

So here we are again. A top Trump regime appointee is championing many positions held by left wing and progressive critics of weak government oversight. Indeed, Prasad has written he once considered himself a progressive Democrat. No wonder biotech stocks temporarily tanked on news of Prasad’s appointment to run CBER.

However, as I’ve said many times in writing about these appointments, let’s watch what they do, not what they say, past or present. Will the Makary/Prasad team slow or even stop vaccine approvals to please their boss, Robert F. Kennedy Jr., the secretary of Health and Human Services? Will Trump order the new team to back off from policies and decisions that tank the stock market (vaccines on their own could never do that; they’re too small a revenue item)?

If I were a gambling man, I’d bet the answer will be ‘yes’ to both those questions.

Reprinted with permission from Gooz News.

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