The most important revelation I had when finding a way through this defense was that previous to Section 564’s insertion into the 2004 National Defense Authorization Act it was illegal to distribute a “Medical Counter-Measure” (mcm) to the general public. Previous to Section 564 the only “tool” the military had to react to the release of a pathogen/disease of public health threat were drugs designated as “investigational”. Section 564 essentially created a carve-out for Emergency Use Authorization by legally designating mcm’s as “non-investigational”. By derivation, any non-investigational product released to counter a public health threat is being released beyond the requirement to research it.

If a non-investigational product is being released without any requirement to research it, then human research statutes regarding informed consent are outside the scope of Section564’s requirements. The only thing Section564 requires are industry provided “facts sheets”, and the extent to which benefits and risks are known and Unknown. With this being the current state of affairs what recourse is there to receive notice the spike protein is a biologic toxin?

Sovereign Immunity & Administrative Process

“The Commonwealth and its agencies are immune from liability in the absence of an express constitutional or statutory waiver of sovereign immunity,” and such a waiver “will not be implied from general statutory language but must be explicitly and expressly stated in the statute.” Gray v. Va. Sec’y of Transp., 276 Va. 93, 102 (2008)

Sovereign Immunity is a near impossible hurdle to overcome when suing the government. However, while preparing for oral arguments the words “must be explicitly and expressly stated in the statute” really stuck out as the ruling points to the existence of statute. In this case, the Virginia Administrative Process Act, and specifically Va Code 2.2-4002, Exemptions from chapter generally, #22 states:

The Board of Health in promulgating the list of diseases that shall be reported to the Department of Health pursuant to § 32.1-35 …

All states have an administrative process or procedure law in which aspects of sovereign immunity are specifically waived. You may search your own states statutes in order to determine what the government must do if presented with a request to do so… The Virginia Department of Health does NOT have sovereign immunity for claims made under § 32.1-35.

The title of § 32.1-35 is “List and reports of diseases and dangerous microbes and pathogens.”

”The Board shall promulgate from time to time a list of diseases, including diseases caused by exposure to any toxic substance as defined in § 32.1-239 and including diseases that may be caused by exposure to an agent or substance that has the potential for use as a weapon, that shall be required to be reported. The Board shall also promulgate from time to time a list of dangerous microbes and pathogens that shall be required to be reported by laboratories. The Board may classify such diseases, microbes and pathogens and prescribe the manner and time of such reporting.”

The statutes referenced here were directly communicated to the Virginia Department of health related to an “unusual occurrence of public health threat” as defined by the very “list of diseases” § 32.1-35 required the board to define as per 12VAC5-90-10, which was the administrative code I cited in my initial email, and completely ignored in the judge’s final ruling…

While galivanting along the meadows of “legal land” it appears I may have found the foundation to move forward, as well as a distillation of how others may present this information to local councils, boards of health, private doctors and pharmacies, hospitals, public school boards, etc. in order to place them in a position where compulsory reporting is required of them by law, and which may NOT be demurred/dismissed on the grounds of “Sovereign Immunity”.

The Checklist Explained

How do you forward information on the biologic toxicity of the spike protein in order to have it legally recognized as a toxin, and therefore anything making it in the body a toxic substance? It all starts with Long Covid.

Long Covid is the direct sequelae of a disease of public health threat. Being a direct sequelae of a disease of public health threat means compulsory reporting related to the disease of public health threat also apply to its sequelae.

Legal disabilities afford them special protections under EEOC, Human Rights, and anti-discrimination statutes. Long Covid is defined as a disability by the US Department of Health and Human Services. Link https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html#footnote10_0ac8mdc

The causative agent for Long Covid is also the causative agent of a disability. Dr. Bruce Patterson has outlined the diagnostic criterion for Long Covid, as well as a treatment that has proven successful for over 30,000 patients. He presented his findings Georgetown University on Diagnosis and Treatment of Long COVID and may be viewed by clicking here.

He found the S1 subunit for the spike protein to be the causative agent for Long Covid.

The S1 subunit being the causative agent for Long Covid means the S1 subunit causes disabilities.

Resia Pretorius has discovered the S1 subunit of the spike protein for SARS-CoV-2 may induce a pathogenic “fibrinogenic” response sui generis. Structural changes to β and γ fibrin(ogen), complement 3, and prothrombin caused these proteins to be substantially resistant to trypsinization, in the presence of spike protein S1. Trypsinization is the process a cell uses to breaks down proteins and dissociate adherent cells from the vessel in which they are being cultured. Essentially it is a biologic glue causing the formation of syncytial clots that cannot be dissolved, in case you were wondering what they are pulling out of the people that die suddenly…

In addition to Dr. Bruce Patterson, Resia Pretorius’ work, the American Foundation for Informed Consent’s report titled S1-Spike Protein Causes PASC, Cytokine Storm, & Long COVID provides a step by step cascade of pathologies associated with the S1 subunit of the spike protein. The biologic report is currently in 4 parts and may be viewed by clicking here.

There are a number of sections of the spike protein able to cause its own set of pathologies. However, the specific section all literature points when they say the pathology of the spike protein becomes “activated”; the Furin Cleavage Site, where the S1 and S2 subunits are separated. The reason this area is of such interest is because it is the reverse compliment for a human codon optimized MSH3 class oncology gene matching Hermansky-Pudlak Syndrome.

Hermansky-Pudlak syndrome (HPS) is a rare, hereditary disorder that consists of two characteristics: decreased pigmentation (albinism) with visual impairment, and blood platelet dysfunction with prolonged bleeding. Some patients have lung fibrosis, colitis, or an abnormal storage of a fatty-like substance (ceroid lipofuscin) in various tissues of the body. With the revelation this gene is the reverse compliment of an oncology gene it would be impossible to say anything creating it in the body isn’t carcinogenic.

With these three citations anyone may be armed with all they need in order to present information the S1 subunit for the spike protein causes disabilities, is a direct sequelae of disease of public health threat, and a biologic pathogenic toxin by definition. This information will eventually be more effective when those compelled to act upon sequelae to those they feel would be compelled to act upon it. Health Departments, Disease Control Centers, Departments of Epidemiology, Hospitals, Private Family Doctors & Pharmacies, laboratories, and others involved in the healthcare field

The Checklist

1. Compulsory Reporting – unusual occurrence of disease of public health threat
2. Departments duty in Detecting, investigating, and preventing the spread of disease
3. Informed Consent on the local level as applied to medical procedures
   • Long Covid – is direct sequelae of disease of public health threat
   • Disability – Long Covid is Defined by HHS as a disability –
   • Biologic Toxin – Spike protein is causative agent of Long Covid/disability
     1. Bruce Patterson – https://pubmed.ncbi.nlm.nih.gov/33186704/ – https:// youtu.be/h2xyWiMS2Q0
     2. Resia Pretorius – https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8380922/ – https:// youtu.be/fflt95jPUYM
     3. American Foundation for Informed Consent – https://fwdquestionshere.com/
        • Health Departments – Disease Control/Epidemiology
        • Hospitals
        • Private Doctors & Pharmacies

How to Target Distribution of materials in order to effect legal designation of the spike protein as a biologic toxin.

Please consider becoming a member to my Substack or donating to the GiveSendGo for the American Foundation for Informed Consent so I may continue this work and arming others with actions they may take to effect change on a local level.

https://www.givesendgo.com/AmericanFoundationforInformedConsent

Many Blessings, Antony Pena aka @DocKek