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Pilots' Corner - Major Thomas L. Rempfer and Lt. Col. Russell E. Dingle
Military Vaccine Resource Directory.

In Memoriam

Lt. Col. Russell E. Dingle (right) of the Connecticut Air National Guard was the leader of "Tiger Team "Alpha," an investigative team formed by his Commander in September of 1998 to convey Servicemembers' concerns about the anthrax vaccine to the chain of command. He and his teammate, Major Thomas L. Rempfer, were "grounded" - forced to resign from their pilot positions - in 1999, after the chain of command was either unable or unwilling to address the safety, efficacy, necessity and legality issues raised by the investigation.

In the years afterward, both men continued their extensive research and activism to halt the anthrax vaccine. The body of their work and the articles which they co-authored are found here.

It is with deep sorrow that we announce the passing of Lt. Col. Dingle on Sept. 4, 2005, after a long, dignified, and courageous battle with cancer. His giant intellect, huge heart, inherent kindness and love of research were gifts to everyone who knew him. His loss to this movement is incalculable. We are planning ways to continue his legacy of being sure the Dept. of Defense is subjected to the greatest possible transparency given its history of forcing experimental drugs and vaccines on unwitting service members.


Formal Analyses of the anthrax vaccine immunization program
The Anthrax Vaccine: A Dilemma for Homeland Security
by Lt. Col. Thomas Rempfer, USAF - The Journal of the Naval Postgraduate School Center for Homeland Defense and Security - Sunday May 31, 2009
Past problems with the Department of Defense anthrax vaccine currently impact Department of Homeland Security and the Department of Health and Human Services policy. Following the 2001 anthrax letter attacks, those departments included the old anthrax vaccine in the Strategic National Stockpile. This article explores the Department of Defenses experience with the vaccine, enumerating past safety, efficacy, regulatory, and legal problems. Public health policy alternative courses of action are suggested, including use of antibiotics and development of a new vaccine.
Operational Risk Management: An Analysis Using the Air Force Operational Risk Management Policies
by LtCol R.E. Dingle & Maj. T.L. Rempfer - Virtual Flight Surgeons Inc. - Saturday May 31, 2003
Includes third anthrax vaccine dilemma chronology developed under the auspices of USAF ORM Hazard or Risk Identification via the Operational analysis or timeline tool. Commentary:
Includes a variety of brainstorming hazard ID methods, such as the "What If" tool, i.e.: "What if the federal courts decide in favor of the plaintiffs, and not the military, in the various pending legal actions? How will this affect the future credibility of the military to implement force health protection initiatives with vaccines and drugs?"
Comments on the Institute of Medicine's 2002 report on the safety of anthrax vaccine
by Schumm WR, Webb FJ, Jurich AP, Bollman SR - National Library of Medicine - Thursday August 01, 2002
In April 2002, the prestigious Institute of Medicine of the National Academy of Sciences issued a final report on the safety and effectiveness of the anthrax vaccine currently in use by the United States military. It concluded that the present vaccine was completely safe and effective, but ignored evidence of several recent research studies from three different nations that have implicated vaccines, often including anthrax vaccine, in the epidemiology of Gulf War illnesses. Omissions and limitations of that report are discussed.
Hypersensitivity Pneumonitis Following Anthrax Vaccination
by LT Suzanne J. Timmer, MD, MC,USNR; CAPT Dennis E. - Chest Online by American College of Chest Physicians - Thursday August 01, 2002
K-STATE RESEARCHERS FIND 'SIGNIFICANT' ASSOCIATION BETWEEN ANTHRAX VACCINATION, MEDICATION AND HEALTH PROBLEMS OF GULF WAR VETERANS
by Walter R. Schumm - Kansas State University - Monday May 06, 2002
"I get angry sometimes because you hear on the news that the Gulf War Syndrome symptoms are psychological; it's all in their heads," Schumm said.
Anthrax Vaccine Immunization Program Process Analysis
by LtCol Dingle and Maj Rempfer - Air and Space Power Chronicles - Wednesday January 23, 2002
"The processes involved in the research and development of the anthrax vaccine, and the implementation of the AVIP, will be reviewed in this paper ... The anthrax vaccine dilemma has clearly been wrought by process problems since its inception. The process problems include regulatory, legal, policy, medical, and ethical breakdowns. An objective analysis of any one of these broken processes should have been sufficient to halt the current anthrax vaccine program implemented within the Defense Department, while pursuit of comprehensive and coherent force health protections programs, utilizing modern and legal medical treatments, were pursued." Commentary:
This analysis was originally published by the USAF in 2002, and was posted online at: www.airpower.maxwell.af.mil/airchronicles/cc.html. DoD censored the article in 2004, after previously having "undergone security and policy content review ... approved for public release IAW AFI 35-101." This paper deemed the anthrax vaccine program illegal two years before a federal court validated this assessment.
An Analysis of the Flawed Process Behind the Development of the Anthrax Vaccine
News Flash - Wednesday October 31, 2001
Editorial Board briefing
Army Times - Friday December 01, 2000
Anthrax Vaccine Timeline for Hearing
House Government Reform Committee - Tuesday October 03, 2000
Second timeline concerning the anthrax vaccine dilemma developed for Congressional hearing titled "Anthrax Vaccine -- What Have We Learned"
http://www.dallasnw.quik.com/cyberella/Anthrax/Chron_Info.html
Monday May 01, 2000
First Chronology of anthrax vaccine dilemma developed for anthrax-no website.
UNPROVEN FORCE PROTECTION
by US Congress Government Reform Committee - House Report 106-556 - Monday April 03, 2000
Findings / Recommendations excerpt: "Efficacy of the vaccine against biological warfare is uncertain. The vaccine was approved for protection against cutaneous (under the skin) infection in an occupational setting, not for use as mass protection against weaponized, aerosolized anthrax. ... While an improved vaccine is being developed, use of the current anthrax vaccine for force protection against biological warfare should be considered experimental and undertaken only pursuant to FDA regulations governing investigational testing for a new indication."
Original Tiger Team Alpha Research
by Major Russell E. Dingle & Captain Thomas Rempfer - Major Russell E. Dingle & Captain Thomas Rempfer - Sunday January 10, 1999
"Our six month search has, however, uncovered many readily available documents that either directly refute the DOD claims of safety and efficacy, or cast serious doubt on these claims. ... If this vaccine were considered an investigational drug with respect to inoculation against aerosolized anthrax, then the DOD would be required by FDA and USC to seek informed consent before administering the vaccine."

Op-Ed Articles
DoD officials abused authority with anthrax vaccine program
by Lt. Col. Russell Dingle (ret.) and Maj. Thomas Rem - Army Times Publishing Co. - Monday November 01, 2004
"Ultimately, the military itself should hold accountable the officers who misled civilian authorities and the armed forces about the anthrax vaccine mandate  enforced at the expense of thousands of punished and ill service members."
DoD and the Anthrax Vaccine Debacle
by Lt. Col. Russell E. Dingle, USAF Reserves, retired - The Power Hour with Joyce Riley - Thursday March 04, 2004
Vaccination program rife with unresolved concerns
by Major T.L. Rempfer & LtCol R.E. Dingle - Air Force Times - Monday December 22, 2003
"Without proper staffing or requisite review, the AVIP became a forcewide mandate. Thus, a known inadequate, highly reactive and experimental vaccine was used in conflict with U.S. law Title 10, Section 1107 specifically written to protect our troops from experimentation. ... Failure to properly investigate and reverse the denial and deceit will ensure the program goes down in the history books with radiation testing, Agent Orange and Gulf War illness. Officials should care for the ill properly and correct records of those punished for refusing the vaccine and hold accountable those responsible for playing loose with the law and our troops' health." Commentary:
The writers are Air Force Reserve officers who were members of a 1998 Connecticut Air National Guard investigative team that helped identify legal and ethical issues regarding the anthrax vaccine.
Don't hold troops accountable for others' mistakes on anthrax vaccine
by Tom Rempfer and Russ Dingle - Army Times, AF Times, Marine Times, Navy Times - Saturday November 02, 2002
Also available at: http://www.armytimes.com/archivepaper.php?f=0-ARMYPAPER-1224275.php#TOP
The Parallel Universe of Professional Military Ethics ...
by Major Thomas L. Rempfer / Major Russell E. Dingle - Federal Observer - Wednesday August 14, 2002
Anthrax immunization program: It's time for a transformation
Special to the Air Force Times - Monday February 11, 2002
Also available at: http://www.airforcetimes.com/archivepaper.php?f=0-AIRPAPER-739819.php
Intellectual honesty in the ranks sets America's military apart
SPECIAL TO THE SUN HERALD - Wednesday June 13, 2001
Anthrax for troops amounts to 'quick fix'
by Tom Rempfer - Letter to USA Today, pg. 18a - Wednesday May 09, 2001
Sticking Point: Why Am I Resisting the Vaccine? The Military Trained Me To
by Tom Rempfer - special to the Washington Post - Sunday January 30, 2000
Military Split Over Anthrax Shots
by Major Thomas L. Rempfer and Major Russell E. Dingl - Baltimore Sun - Sunday January 30, 2000
Point-Counterpoint with the Acting Assistant Secretary of Defense for Reserve Affairs
Op-Ed: Anthrax Vaccine Is A Force Protection Facade
by Thomas L. Rempfer and Russell E. Dingle - Special To The Hartford Courant - Thursday January 20, 2000
Anthrax Opinion Disserves Troops
Letter to the Editor for the Army and Marine Corps Times - Monday August 02, 1999
A fighter pilot questions the effectiveness of the military's immunization program
by Thomas L. Rempfer - Baltimore Sun - Sunday March 21, 1999

Responses and Actions by the Connecticut Attorney General
Guard Veteran Wants Old Job; Major Was Ousted For Opposing Vaccine
by Thomas D. Williams - Hartford Courant, Connecticut - Sunday July 03, 2005
Gov. M. Jodi Rell, commander in chief of the Connecticut National Guard, says she doesn't have the authority to reinstate an Air Force major who was forced to resign six years ago after work he conducted revealed flaws in the anthrax vaccine, then mandated for all service members.

It's the federal authorities who have that power, Rell said through two spokesmen and two lawyers. Maj. Thomas L. Rempfer, a Suffield resident, has asked both the governor and the federal court of claims for Guard reinstatement.

State Attorney General Richard Blumenthal, inspired in part to oppose the vaccine by the efforts of Rempfer, says he is not sure whether the governor without federal sanction can legally reinstate Rempfer. Blumenthal says he is continuing to investigate and believes Rempfer "deserves very strong consideration for reinstatement."

Attorney General Applauds Judge's Ruling
by Attorney General Blumenthal - Attorney General Press Release - Monday December 22, 2003
"This decision vindicates our call to protect the rights of servicemen and women who may be compelled to accept a vaccine of questionable safety and efficacy."
State Attorney General to Challenge Anthrax Vaccine License
by Dennie Williams - Vaccination News - Wednesday August 01, 2001
BLUMENTHAL URGES HALT TO ANTHRAX VACCINE RULE
by THOMAS D. WILLIAMS - Hartford Courant - Friday March 23, 2001
Attorney General Asks Secretary Of Defense, FDA To Drop Military's Anthrax Vaccination Program
Press release from the Office of the Connecticut Attorney General - Thursday March 22, 2001
Attorney General's Letter to Defense Secretary Donald Rumsfeld
by Richard Blumenthal - Thursday March 22, 2001
"Mandatory vaccination of troops with a biologic product not licensed for its current use violates the Federal Food, Drug and Cosmetic Act and 10 U.S.C. ? 1107. I call upon the DoD to cease and desist from its illegal conduct and to abandon its plans for Anthrax Vaccine inoculation of the Armed Forces. Rather, the Department of Defense should make inoculation voluntary as the United Kingdom has done, or properly invoke the Presidents powers as required by statute."
Attorney General's Letter to the Food and Drug Administration
by Richard Blumenthal - Thursday March 22, 2001
"I call upon the FDA to cease and desist from its illegal conduct, renounce Dr. Friedmans March 13, 1997 letter which illegally cleared the way for the DoD to begin the mass inoculations, declare the Anthrax Vaccine Adsorbed (AVA) an Investigational New Drug (IND) and block its manufacture and sale by Bioport and its illegal use by the Department of Defense."
BLUMENTHAL TO OPPOSE USE OF ANTHRAX VACCINE
by THOMAS D. WILLIAMS - Hartford Courant - Thursday December 14, 2000

Qui Tam Lawsuit Against BioPort
Anthrax Vaccine Qui Tam Suit Dismissed On Grounds Allegations Were Public
www.lexisone.com - Thursday July 24, 2003
Commentary:
The lawsuit is currently under appeal in the 6th Circuit Federal Court of Appeals.
U.S. District Court for the Western District of Michigan
Sunday September 29, 2002
Anthrax Vaccine Manufacturer Battles Suit
by Dave Eberhart - NewsMax.com - Thursday July 25, 2002
Press release
Press release - Monday July 22, 2002
Unsealed court judgement
Unsealed court judgement - Wednesday May 01, 2002
Anthrax Vaccine: Changes to the Manufacturing Process
by Nancy Kingsbury, Ph.D., Managing Director - General Accounting Office - Tuesday October 23, 2001
"In the case of the anthrax vaccine, the Michigan facility did not notify FDA of several changes to the manufacturing process in the early 1990s, and no specific studies were done to confirm that vaccine quality was not affected. FDA inspections found several deficiencies, many of which were not corrected in a timely manner."

Freedom of Information Act
NATIONAL GUARD IS FINED
by THOMAS D. WILLIAMS - Hartford Courant - Thursday January 11, 2001
FOIA Decision
by Freedom of Information Commission - State of Connecticut - Wednesday January 10, 2001
"It is found that, during 1998 and 1999, the Connecticut Army National Guard [hereinafter 'the Guard'] was in the process of addressing the controversial issue of an anthrax vaccine program, that the complainant herein was an officer in the Guard during such time, that he was assigned by the Guard to research the vaccine, that he decided not to take the vaccine, and that he ultimately resigned his commission as a Guard officer as a result of the anthrax vaccine controversy, after being ordered to so resign."
Second FOIA Case Decision
by Freedom of Information Commission - State of Connecticut - Wednesday January 10, 2001
"It is found that the respondents do not contend that the requested records that they maintain are exempt from mandatory disclosure. It is also found that they simply ignored the complainant's requests in this matter, and that such inaction resulted in the respondents' violations of the complainant's rights under the FOI Act, both in letter and spirit. It is further found that such violations were without reasonable grounds, within the meaning of ?1-206(b)(2), G.S."

Citizens' Petition
FDA responds to 15 OCT 01 Citizen Petition by finalizing anthrax vaccine rule
by FDA - Federal Register - Monday January 05, 2004
Commentary:
FDA contradicts previous expert review panel findings that: "The vaccine manufactured by the Michigan Department of Public Health has not been employed in a controlled field trial." FDA contradicts previous expert review panel findings that: "inhalation anthrax occurred too infrequently to assess the protective effect of vaccine against this form of the disease" FDA inserted new animal data into the Final Rule without following the law.
Judge Assails Vaccine Plan - Strikes Down Military's Mandatory Anthrax Shots
by THOMAS D. WILLIAMS & PAULINE JELINEK (AP) - AP & Hartford Courant - Tuesday December 23, 2003
Commentary:
Federal Judge finds FDA response to the Citizen Petition non-persuasive -- deems anthrax vaccine program illegal.
Update on FDA Response to the Citizen's Petition
Army Times, AF Times, Marine Times, Navy Times - Thursday October 24, 2002
FDA response to the Citizen Petition, admitting the final rule was not accomplished, available at: http://www.fda.gov/ohrms/dockets/dailys/02/Sep02/091102/80027a9f.pdf
Anthrax: FDA Halts Use of Older Vaccine Doses
Global Security Newswire - Monday October 21, 2002
FDA HALTS USE OF OLD ANTHRAX VACCINE
by THOMAS D. WILLIAMS - Hartford Courant - Saturday October 19, 2002
Citizens' Petition to the FDA
Friday October 12, 2001
Excerpt: "A. Action requested (1) Issue a Final Rule on the drug category placement of anthrax vaccine as Category II (unsafe, ineffective, or misbranded) amending the as yet to be finalized Proposed Rule as published in the Federal Register 13 December 1985."

Congressional Testimony
CT Rep. Shays statement on Judge's decision
by POC -- Sarah Moore, 202/225-5541 - House of Representatives - Monday December 22, 2003
"In view of this decision, DOD should immediately begin a review of all disciplinary actions taken against those who refused the vaccine. Senator Bingaman (D-NM) and I will ask the Secretary to do so administratively. If necessary, we can mandate the review legislatively."
Senate Resolution 278 asks for correction of military records
by SEN. BINGAMAN (NM) - Federal Register - Tuesday November 25, 2003
Asks the Secretary of Defense and Board for Correction of Military Records to "reconsider adverse actions already taken or intended to be taken against servicemembers for refusing to accept the anthrax or smallpox vaccine."
UNPROVEN FORCE PROTECTION
by Committee on Government Reform - Congress - House Report 106-556 - Monday April 03, 2000
"Recommendations in brief ... 5. While an improved vaccine is being developed, use of the current anthrax vaccine for force protection against biological warfare should be considered experimental and undertaken only pursuant to FDA regulations governing investigational testing for a new indication."
Statement by Major Thomas L. Rempfer
Tuesday October 12, 1999
Written Testimony of Maj. Dingle and Capt. Rempfer, CT ANG
Wednesday March 24, 1999

Institute of Medicine Testimony
Testimony to the Institute of Medicine By Major Thomas L. Rempfer
Wednesday April 18, 2001
Written Statement of R.E. Dingle to I.O.M. Committee to Assess the Safety and Efficacy of AVA
by Lt. Col. Russell Dingle - Russ Dingle/www.avip2001.net - Monday January 01, 2001

Dennie
Bill Would Ease Rules On Military Vaccines
by THOMAS D. WILLIAMS - Hartford Courant - Thursday September 30, 2004
"U.S. Rep. Christopher Shays is proposing a bill that would exempt service members from the punishments they received for refusing to take the controversial anthrax vaccine whose legality is under challenge in federal court." Commentary:
Bill provisions: H. R. 5166 -- To prohibit the Department of Defense from requiring members of the Armed Forces to receive the anthrax and smallpox immunizations without their consent, to correct the records of servicemembers previously punished for refusing to take these vaccines, and for other purposes. Bill available at: www.house.gov
OFFICIALS URGE AMNESTY IN ANTHRAX VACCINE REFUSALS
by THOMAS D. WILLIAMS - Hartford Courant - Thursday June 06, 2002
DEPARTING NATIONAL GUARD TROOPS WON'T RECEIVE ANTHRAX VACCINATIONS
by THOMAS D. WILLIAMS - Hartford Courant - Wednesday June 13, 2001
DODD QUESTIONS HANDLING OF ANTHRAX COMPLAINT CHARGES WERE FORWARDED TO MILITARY OFFICE RESPONSIBLE FOR VACCINE
by THOMAS D. WILLIAMS - Hartford Courant - Friday March 09, 2001
ANTHRAX VACCINE INQUIRY SOUGHT
by THOMAS D. WILLIAMS - Hartford Courant - Friday May 19, 2000
FAILED INSPECTION SLOWS MILITARY'S ANTHRAX VACCINE PROGRAM
by THOMAS D. WILLIAMS - Hartford Courant - Wednesday December 15, 1999
Anthrax Vaccine's Safety Questioned
by Dennie Williams - Hartford Courant (Connecticut) - Wednesday July 21, 1999
MILITARY KNEW OF VACCINE'S HAZARDS 1998 MEMO CONTRADICTS ARMY'S ASSURANCES OF ANTHRAX SHOTS' SAFETY
by THOMAS D. WILLIAMS - Hartford Courant - Wednesday June 30, 1999
MILITARY QUERIED ABOUT ANTHRAX VACCINE
by THOMAS D. WILLIAMS - Hartford Courant - Thursday March 25, 1999
Pilots Quit Guard Unit In Anthrax Argument
by Dennie Williams - Hartford Courant (Connecticut) - Friday January 15, 1999

Op-Ed Interviews
Anthrax shots no longer mandatory -- Judge rules Pentagon can not force military to take vaccine
by Lauri Harvey can be reached at lharvey@nwitimes.co - The Associated Press contributed to this report - Tuesday December 23, 2003
The Needle and the Damage Done
by Tim Reid - The London Times - Wednesday November 26, 2003
Interview With Maj. Thomas Rempfer
CNN AMERICAN MORNING - Thursday May 29, 2003
Vexing Vaccine
by William F. Jasper - The New American - Tuesday November 20, 2001
Shots in the Dark: What the Pentagon Doesn't Want You to Know About the Anthrax Vaccine
by Kent Miller, ATPCO - Army Times This was also a cover story in the Air Force Times - Monday April 09, 2001
DoD's medical credibility disputed
American Health Line - Tuesday February 01, 2000
VACCINES - Clinton Orders Human Experiments
by Timothy W. Maier - Insight Magazine - Monday November 15, 1999
There may be times when use of vaccines that have not been fully tested and FDA-approved may be necessary and appropriate during great crisis. But this capability for our president is currently being jeopardized by the reckless mandatory vaccination of all servicemembers against anthrax. The threat is not imminent and the integrity of the military institution is being compromised to implement a strategic or blanket program that is doctrinally unprecedented and unsound. The lack of trust we are breeding in the force today could sacrifice our military's capability to protect our troops on a tactical basis when threatened in the future.
Anthrax: A close look at a vexing vaccine
by Brian Calvert - National Guard Magazine - Monday March 01, 1999

Editorials
Make vaccine voluntary
by Editors - Air Force Times - Monday January 26, 2004
'Five years after the Defense Department began forcing service members to roll up their sleeves for the anthrax vaccine, the battle over whether the shots are safe, effective or even legal still rages. ... The Pentagon doesn't say what the threat is. Rather, officials say, in effect, "Take our word for it." If only the Defense Department had a better track record on such matters of troop health and safety.'
Anthrax Vaccine "No longer a threat"
by Editors of Military Times - Army, Navy, AF, and Marines Times - Monday January 05, 2004
"The Defense Department's mandatory anthrax vaccination program has been snakebit from its inception. ... Memo to Secretary Rumsfeld and his lawyers: The way forward is simple. ... Saddam is in custody. Iraq is under our control. No weapons of mass destruction have been found. Anthrax is not a universal threat. The vaccine no longer is universally necessary."

Legal Rulings
Judge Sees Little Evidence to Support Anthrax Vaccine
by Carol D. Leonnig - Washington Post - Wednesday May 26, 2004
"A federal judge said yesterday he had significant doubts about whether the federal government has enough scientific evidence to show that the anthrax vaccine required for military personnel is either safe or effective." Commentary:
U.S. District Judge Emmet G. Sullivan, who will decide in coming weeks whether to halt the Defense Department's mandatory anthrax inoculations, also criticized the government's review of the vaccine as "one of the most jumbled, confusing" processes he had ever seen.
Judge lifts injunction on "Other than the Named Parties" in suit
by Judge Emmet Sullivan - DC District Federal Court - Wednesday January 07, 2004
Federal judge rules "that the government is entitled to a stay of the Court's injunction pending further order of the Court and further challenges to the government's final rule" Commentary:
In the judge's words: "Although the timing of the issuance of the rule is arguably highly suspicious, nevertheless, the rule has been issued and the principle reason for the issuance of the injunction has been addressed by the government." On January 14, 2004 the judge ordered FDA to produce the "administrative record" supporting their new ruling on anthrax vaccine. He also outlined a timetable for a challenge of the "validity of the FDA Order," as well as arguments addressing whether the court can "grant systemic, nationwide relief" in the absence of class certification.
Federal Judge explains illegality of anthrax vaccine mandate
by Judge Emmet Sullivan - DC Federal Court - Monday December 22, 2003
"... To date the AVA label does not specify which method of anthrax exposure it protects against. The Proposed Rule published in the December 13, 1985, Federal Register has never been finalized. ... the government argued that the Citizen Petition states that the drug is licensed for inhalation anthrax and that is the agency's official position. However, the Court is persuaded by plaintiffs' arguments that the Citizen Petition addressed the licensing issue by merely relying on the 1997 Friedman letter and did not do the in-depth analysis as would be appropriate to make that kind of a determination or to contradict the opinion study in the 1985 Federal Register. ... FDA has failed to provide any formal opinion vis a vis AVA's investigational status ... Given all these factors, the Court would be remiss to conclude that the original license included inhalation anthrax. Having reached that conclusion, the DoD's administration of the inoculation without consent of those vaccinated amounts to arbitrary action. ... The Court is persuaded that the right to bodily integrity and the importance of complying with legal requirements, even in the face of requirements that may potentially be inconvenient or burdensome, are among the highest public policy concerns one could articulate. Moreover, the Court is not convinced that requiring the DoD to obtain informed consent will interfere with the smooth functioning of the military. ... This Court is persuaded that AVA is an investigational drug and a drug being used for an unapproved purpose. As a result of this status, the DoD is in violation of 10 USC 1107, Executive Order 13139, and DoD Directive 6200.2. ... The women and men of our armed forces put their lives on the line every day to preserve and safeguard the freedoms that all Americans cherish and enjoy. Absent an informed consent or presidential waiver, the United States cannot demand that members of the armed forces also serve as guinea pigs for experimental drugs. ... Pursuant to Fed. R. Civ. P. 65 and for the reasons stated by the Court in its Memorandum Opinion docketed this same day, it is this 22 nd day of December, 2003, hereby ORDERED that the Motion for a Preliminary Injunction is GRANTED. In the absence of a presidential waiver, defendants are enjoined from inoculating service members without their consent ..."

Miscellaneous
Student Theses Series, Winter 2010- The Anthrax Vaccine: A Dilemma for Homeland Security
by Lt. Col. Tom Rempfer - Center for Homeland Defense and Security - Tuesday February 09, 2010
The winner of the "Outstanding Thesis Award" for cohort 0803/0804 goes to Lt. Col. Thomas Rempfer for his in-depth study of the events leading to current policies that control the production and distribution of the Anthrax vaccine.
DoD's anthrax vaccine website, aka -- George Orwell & "ignorance is bliss"
by Col. John Grabenstein, Pharmacist - Pentagon - Wednesday January 07, 2004
Delay was the tactic with the Agent Orange controversy. Low level DoD officers orchestrated an information warfare campaign against the Congress, the media and the American people in order to obfuscate the fact that soldiers were exposed to a known toxic substance. Similar tactics are being employed with the anthrax vaccine -- a known "inadequate" and "experimental vaccine" with "unusually hazardous risks." Commentary:
Hundreds of millions of dollars were spent by DoD to confuse Americans and abandon soldiers harmed by Agent Orange. Similarly, hundreds of millions of dollars have been spent by the DoD to confuse Americans and abandon soliders over Gulf War Illness and anthrax vaccine as well. An Army General said it best: "How can DoD say that reported desert storm illnesses were not cause (sic) by the anthrax vaccine when we have no record of who received the shots. If we cannot answer these questions we (DoD & the Administration) are in big time trouble." [Source: May 3, 1999 email from General Eddie Cain]
Phyllis Schlafly Op Eds on Anthrax Vaccine
by Phyllis Schlafly - The Eagle Forum - Wednesday November 06, 2002
Commentary:
Phyllis Schlafly is a national leader of the conservative movement.
New anthrax vaccine license rule adds animal data
by Anna Johnson Winegar - Defenselink.mil - Monday October 01, 2001
Excerpt: "ISSUE: DoD does not have a current approved mechanism for licensure of chemical and biological defense medical products (i.e., drugs and vaccines) because legal and ethical constraints prevent adequate full testing in humans. SOLUTION: The FDA and DoD are working together to amend the Code of Federal Regulations to allow animal efficacy data to be used in lieu of large-scale human clinical efficacy trials. This mechanism of licensure is vital to provide military service personnel with licensed products." Commentary:
DoD entities responsible for the anthrax vaccine knew that animal efficacy data was not allowed under the law. So DoD sponsored a change to the law. This was the same law DoD was violating by mandating the anthrax vaccine for biological warfare based on monkey studies. FDA's new license rule for anthrax vaccine inserted animal data into the regulatory record, but without allowing public comment.


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