The Never Ending Emergency (USA): Part One
Understanding EUA Laws and the Need for a Public Health Emergency
I am about two weeks early with this article but it’s a point that needs to be made. On January 11th, 2023, Health and Human Services Secretary (HHS) Xavier Becerra will renew the National Emergency Declaration for COVID-19. This will be the 12th renewal since the initial January 31, 2020 declaration. It’ll also be nearly three years that the HHS Secretary has been abusing the authority to declare an emergency. Surprisingly, in my experience, the general public isn’t even aware an emergency still exists.
I do not have a magic crystal ball or an inside source. Rather, I have been witnessing the trends as they emerge, watching the patterns of unlawful behavior, and aiming to share my observations. You can watch for the 12th renewal here: List of Public Health Emergency Declarations
As a military officer, I have a vested personal interest in understanding this particular set of laws (which govern our military regulations as well) considering that over 8,100 service members have been discharged due to the unlawful mandate. My own discharge being an eventuality at this point.
The Department of Defense is adamant that they executed a lawful order. That the mandate is, and always was, legal. I am adamant that this is a lie, a perpetrated fraud, and a manipulation of the law. The institution, which I devoted 12 years of my life to, and I are at an impasse.
What’s worse is that the lie, fraud, and manipulation of the law was upscaled beyond just the military. The majority in the United States believe they received a fully-licensed product by the FDA. The unfortunate reality is that no such product exists.
Authority to Declare an Emergency, Who’s in Charge?
In October 2022, nearly a month after President Biden declared the Pandemic is over on national television, the Health and Human Services (HHS) Secretary renewed the Emergency Declaration for the 11th time. If you’re familiar with the Chain of Command, I hope you’re wondering the same thing I am: Why in the world is a subordinate officer contradicting his superior? For those unfamiliar I’ll explain.
The President is the Chief Executive. It’s the President’s responsibility to lead and manage the members of the Cabinet. The Secretaries of the cabinet are subordinate officers in the Chain of Command. You can learn more here. The HHS Secretary is a subordinate officer and answers to the President. His renewal effectively undermines the President’s declaration that the pandemic is over.
It would be like if my commander told our unit to rest up over the holidays and I turned around and told my unit we were going to run 15 miles every morning at 0500…for morale.
Here’s the timeline:
18 September 2022 – President’s “Pandemic is over” declaration on 60 Minutes
13 October 2022 – Emergency Declaration renewed for 11th time.
11 January 2023 – The predicted 12th renewal
It’s easy to predict the renewal date. By law the declarations expire after 90 days. Biden’s Administration needs these declarations. They are the legal basis that HHS Secretary Beccera, in consultation with the Assistant Secretary for Preparedness and Response, the Director of the National Institutes of Health, and the Director of the Centers for Disease Control and Prevention, needs to issue an “Emergency Use Authorization” of a product.
It makes sense when you think about it. In order to authorize an emergency use of a product, you must first have an emergency. But how long does an emergency last? And when does it end?
Here’s the specific legal language from Title 42 U.S. Code § 247d:
Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination.
In short:
An emergency ends when the Secretary says so or within 90 days of a declaration. If the 90 days expire, the Secretary simply notifies Congress within 48 hours after a renewal declaration.
That’s how it ends, now how does it start?
If the Secretary determines, after consultation with such public health officials as may be necessary, that- (1) a disease or disorder presents a public health emergency; or (2) a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists, the Secretary may take such action as may be appropriate to respond to the public health emergency
My 0500 “morale” run example just got thrown out the window. Remember when I was wondering how the Secretary can contradict and undermine the President? Turns out Congress gave the Secretary that authority. The HHS Secretary only needs to consult with public health officials to declare an emergency… and even then it’s “as necessary.” In sum, an unelected official, unbeknownst to the American public, has sole authority above the President of the United States, to declare a national emergency.
In fact, that’s exactly how it played out at the genesis of the pandemic back in early 2020. The President issued an Emergency Declaration after the HHS Secretary.
January 31, 2020: Initial HHS Secretary Declaration
March 13, 2020: (~1.5 months later) Presidential Emergency Declaration.
At the time of the President’s Declaration there were 1,645 cases. Here’s the quote:
“As of March 12, 2020, 1,645 people from 47 States have been infected with the virus that causes COVID-19.”
That seems a little early to declare an emergency don’t you think? And it begs the question, if there were only 1645 cases in March 2020, how many cases were there on Jan 31, 2020?
According to the CDC: Seven. There were seven cases as of January 30, 2020.
That’s what it took for one unelected individual to declare a national emergency for the entirety of our country.
Mind you, nowhere in the law does it require any kind of oversight or approval. The Secretary is the sole authority to Start, End, and Renew Emergency Declarations as permitted by Title 42 U.S. Code §247d.
Great first post, looking forward to reading many more! As much as I know about this stuff I learned a couple new things. Have a Happy New Year!
Here's an article David:
COVID-19: A Global Financial Operation
The COVID phenomenon cannot be understood without understanding the un-televised 2019-2020 unprecedented financial collapse threatening the entire global financial system.
The Covid-19 Pandemic story makes little sense when viewed through the lens of health, safety and science. Viewed through the lens of money, power, control, and wealth transfer, however, then all of it makes perfect sense.
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https://unbekoming.substack.com/p/repocalypse