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Disciplined Police Officer Asks Court To Reverse Violation Of His Privacy And Freedom Of Expression

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News release from the Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that Constable Michael Brisco has asked the Ontario Divisional Court in Toronto to review a charge of discreditable conduct for donating $50 to the peaceful Freedom Convoy protest in Ottawa in 2022.

Constable Brisco was on unpaid leave due to the Windsor Police Service’s (WPS) vaccine mandate when, on February 8, 2022, he exercised his freedoms of expression and association by donating $50 to the 2022 Freedom Convoy protest via GiveSendGo. He did so privately and without mentioning his capacity as police officer.

Before the donation had reached Freedom Convoy recipients, a court order froze the GiveSendGo account. Shortly after the freeze, GiveSendGo’s website was hacked. Donor information was leaked to the public. On February 16, the Ontario Provincial Police obtained the leaked information and, despite knowing that the information had been illegally hacked, relayed that information to various police services around the province. Nothing in the leaked information identified Constable Brisco as a police officer. However, his name surfaced when the stolen database was cross-referenced with a police members database. He was called in for an interview with a WPS investigator and was required to answer the investigator’s questions about the donation pursuant to the Police Services Act.

The WPS charged Constable Brisco with discreditable conduct and eventually summoned him to a Discipline Hearing. The case against him was motivated by the assumption that he had contributed to an illegal protest. In support of the claim that the protest had been illegal, however, the WPS presented nothing more than the contents of newspaper reports, citing the opinions of the Prime Minister, the Premier of Ontario, and the (then) Ottawa Police Chief.

The prosecution made submissions about the Ambassador Bridge protest, trying to tie it to the Freedom Convoy protest in Ottawa. Trucks had parked on the bridge between Windsor and Detroit in a separate protest against Covid restrictions. The implication was that Constable Brisco’s donation supported the bridge blockade in Windsor. But there was no financial or even organizational connection between the Freedom Convoy in Ottawa and the Ambassador Bridge protest. Furthermore, Constable Brisco stated his donation was intended for the protest in Ottawa, not for the protest in Windsor. Nevertheless, on March 24, 2023, after a six-day hearing before a Hearing Officer, Brisco was found guilty of discreditable conduct. On May 18, 2023, he was fined the equivalent of two-weeks’ pay.

That decision was appealed on June 14, 2023, but it was upheld by the Ontario Civilian Police Commission in February 2024. In response to this decision, lawyers provided by the Justice Centre have assisted Constable Brisco in applying for a judicial review – a process by which courts make sure that the decisions of administrative bodies (e.g., the Windsor Police Service) are fair, reasonable, and lawful.

With assistance from the Justice Centre, Constable Brisco continues to stand up for his Charter-protected freedom of expression. He made a private political donation and did not identify himself as a police officer. Like other Canadians, police officers enjoy Charter freedoms and can express themselves within reason. Canadians should not be punished for expressing their political views, especially when evidence against them is obtained by unlawful means.

Darren Leung, one of the lawyers for Constable Brisco, stated, “It was unfortunate that private donor information was unlawfully accessed. It is outrageous that the Ontario Provincial Police obtained this information to assist in persecuting police officers who were exercising their right to free expression. The evidence used to convict Constable Brisco amounted to nothing more than opinions from people who did not like the message. We are hopeful that the Divisional Court will see that the entire conviction was unreasonable.”

Constable Brisco, a highly trained and respected police officer of 15 years, is now back on active duty.

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NIH Quietly Altered Definition For Gain-Of-Function Research On Its Website, Former Fauci Aide Confirms

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From the Daily Caller News Foundation

By JASON COHEN

 

National Institutes of Health (NIH) Principal Deputy Director Lawrence Tabak confirmed on Thursday that his agency’s communications department altered NIH’s definition for gain-of-function research, with the change being “vetted” by “experts.”

The NIH until Oct. 20, 2021 defined this research as “modif[ying] a biological agent so that it confers new or enhanced activity to that agent,” while “some scientists use the term broadly to refer to any such modification,” according to the House Oversight Committee. Republican Rep. Nicole Malliotakis of New York questioned Tabak, a former aide to Dr. Anthony Fauci, about the agency changing its definition of the research on its website, asking him who authorized the alteration.

WATCH:

The current website does not define gain-of-function research, but asserts this research is usually uninvolved with enhanced potential pandemic pathogens.

“The change was made by our communications department because of the confusion that people have about the generic term of gain-of-function and the specific term gain-of-function,” Tabak testified.

Malliotakis responded by suggesting the communications department would not be qualified to make a change like this and must have had other input.

“The content was vetted,” Tabak testified. “By individuals who are subject-matter experts.”

Fauci firmly denied that the National Institute of Allergy and Infectious Diseases (NIAID) funded gain-of-function research on bat-based coronaviruses at the Wuhan Institute of Virology (WIV) before the COVID-19 pandemic during a Senate hearing in May 2021.

“The NIH has not ever and does not now fund gain of function research in the Wuhan Institute of Virology,” Fauci said.

Tabak testified on Thursday that the NIH did fund this research at the Wuhan Institute of Virology, but it “depends on [the] definition.”

The NIAID, which Fauci previously led, funded the nonprofit group EcoHealth Alliance to study bat-based coronaviruses in China that consisted of the transfer of $600,000 to the WIV, the Daily Caller News Foundation previously reported.

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COVID Lab Leak: Over four later, EcoHealth Alliance funding is finally suspended

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From Heartland Daily News

Thursday, May 16, 2024

Federal Funding Stripped From Nonprofit at Center of COVID Lab Leak Controversy

Today, the Biden administration suspended federal funding to the scientific nonprofit whose research is at the center of credible theories that the COVID-19 pandemic was started via a lab leak at the Wuhan Institute of Virology.

This morning, the U.S. Department of Health and Human Services (HHS) announced that it was immediately suspending three grants provided to the New York-based nonprofit EcoHealth Alliance (EHA) as it starts the process of debarring the organization from receiving any federal funds.

“The immediate suspension of [EcoHealth Alliance] is necessary to protect the public interest and due to a cause of so serious or compelling a nature that it affects EHA’s present responsibility,” wrote HHS Deputy Secretary for Acquisitions Henrietta Brisbon in a memorandum signed this morning.

For years now, EcoHealth has generated immense controversy for its use of federal grant money to support gain-of-function research on bat coronaviruses at the Wuhan lab.

In a memo justifying its funding suspension, HHS said that EcoHealth had failed to properly monitor the work it was supporting at Wuhan. It also failed to properly report on the results of experiments showing that the hybrid viruses it was creating there had an improved ability to infect human cells.

Congressional Republicans leading an investigation into EcoHealth’s research in Wuhan, and the role it may have played in starting the pandemic via a lab leak, cheered HHS’s decision.

“EcoHealth facilitated gain-of-function research in Wuhan, China without proper oversight, willingly violated multiple requirements of its multimillion-dollar National Institutes of Health [NIH] grant, and apparently made false statements to the NIH,” said Rep. Brad Wenstrup (R–Ohio), chair of the House’s Select Subcommittee on the Coronavirus Pandemic in a statement. “These actions are wholly abhorrent, indefensible, and must be addressed with swift action.”

Beginning in 2014, EcoHealth received a grant from NIH’s National Institute of Allergies and Infectious Diseases (NIAID) to study bat coronavirus in China. Its initial scope of work involved collecting and cataloging viruses in the wild and studying them in the lab to spot which ones might be primed to “spillover” into humans and cause a pandemic.

Soon enough, EcoHealth used some of the viruses they’d collected to create “chimeric” or hybrid viruses that might be better able to infect human lung cells in genetically engineered (humanized) mice.

This so-called “gain-of-function” research has long been controversial for its potential to create deadly pandemic pathogens. In 2014, the Obama administration paused federal funding of gain-of-function research that might turn SARS, MERS, or flu viruses into more transmissible respiratory diseases in mammals.

In 2016, NIH flagged EcoHealth’s work as likely violating the 2014 pause.

EcoHealth President Peter Daszak argued to NIH at the time that the viruses his outfit was creating had not been proven to infect human cells and were genetically different enough from past pandemic viruses that they didn’t fall under the Obama administration pause.

Wuhan Institute of Virology and Peter Daszak of EcoHealth Alliance

NIH accepted this argument under the condition that EcoHealth immediately stop its work and notify the agency if any of its hybrid viruses did show increased viral growth in humanized mice.

But when these hybrid viruses did show increased viral growth in mice, EcoHealth did not immediately stop work or notify NIH. It instead waited until it submitted an annual progress report in 2018 to disclose the results of its experiments.

A second progress report that EcoHealth submitted in 2021, two years after its due date, also showed its hybrid viruses were demonstrating increased viral growth and enhanced lethality in humanized mice.

In testimony to the House’s coronavirus subcommittee earlier this month, Daszak claimed that EcoHealth attempted to report the results of its gain-of-function experiments on time in 2019, but was frozen out of NIH’s reporting system.

The HHS memo released today says a forensic investigation found no evidence that EcoHealth was locked out of NIH’s reporting system. The department also said that EcoHealth had failed to produce requested lab notes and other materials from the Wuhan lab detailing the work being done there and the lab’s biosafety conditions.

These all amount to violations of EcoHealth’s grant agreement and NIH grant policy, thus warranting debarment from future federal funds, reads the HHS memo.

That EcoHealth would be stripped of its federal funding shouldn’t come as too great a shock to anyone who watched Daszak’s congressional testimony from earlier this month. Even Democrats on the committee openly accused Daszak of being misleading about EcoHealth’s work and manipulating facts.

Rep. Raul Ruiz (D–Calif.), the ranking Democrat on the House’s coronavirus subcommittee, welcomed EcoHealth’s suspension, saying in a press release that the nonprofit failed its “obligation to meet the utmost standards of transparency and accountability to the American public.”

An HHS Office of the Inspector General report from last year had already found that EcoHealth had failed to submit progress reports on time or effectively monitor its subgrantee, the Wuhan Institute of Virology.

When grilling Daszak, Democrats on the Coronavirus Subcommittee went to great lengths to not criticize NIH’s oversight of EcoHealth’s work. The HHS debarment memo likewise focuses only on EcoHealth’s failures to abide by NIH policy and its grant conditions.

Nevertheless, it seems pretty obvious that NIH was failing to abide by the 2014 pause on gain-of-function funding when it allowed EcoHealth to go ahead with creating hybrid coronaviruses under the condition that they stop if the viruses did prove more virulent.

NIH compounded that oversight failure by not stopping EcoHealth’s funding when the nonprofit did, in fact, create more virulent viruses, and not following up on a never-submitted progress report detailing more gain-of-function research until two years later.

The House Subcommittee’s investigation into NIH’s role in gain-of-function research at the Wuhan lab is ongoing. Tomorrow it will interview NIH Principal Deputy Director Lawerence Tabak. In June, it will interview former NIAID Director Anthony Fauci.

Originally published by Reason Foundation. Republished with permission.

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