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Court puts Freedom Convoy leaders’ trial on hold after resuming for just one day in the new year

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6 minute read

From LifeSiteNews

By Anthony Murdoch

Because the trial has lasted far longer than expected, new dates for the proceedings are being determined.

The trial for Freedom Convoy leaders Tamara Lich and Chris Barber resumed but only for one day. Because the trial has taken months longer than expected, the court now must determine future dates.

The Democracy Fund (TDF), which is crowdfunding Lich’s legal costs, noted in a Day 34 trial update that the sole court date on the books for 2024, which was last Thursday, saw Crown and defense submissions “regarding the admissibility of the February 2022 injunction hearing transcripts.”

The injunction hearing transcripts concern a horn-honking injunction placed on Freedom Convoy protesters in February 2022 after local citizens launched a complaint about the noise.

According to the TDF, the defense counsel is asking to have the transcripts admitted to the court record. The Crown is contesting this.

Barber’s lawyer, Diane Magas, presented to the court excerpts from both injunction hearings and emphasized the importance of “understanding the context behind the injunction judge’s comments” by “explaining his acceptance or rejection of specific terms.”

Magas asserted how the transcripts discuss the consequences of “breaching the injunction, highlighting the judge’s clarification that a breach would result in civil contempt, not criminal charges.”

“Additionally, she noted the injunction judge’s statement permitting individuals in Ottawa to continue protesting post-injunction,” the TDF said.

Lich’s lawyer, Lawrence Greenspon, spoke to the submissions that were made by then-Freedom Convoy leader lawyer Keith Wilson during the injunction hearing in 2022, “underscoring that it strictly pertained to honking and noise,” as noted by the TDF.

“Greenspon highlighted the injunction judge’s remark that there was ‘no evidence of any breach,’ emphasizing the credibility of a superior court judge who heard experienced counsel’s submissions,” the TDF said.

“They emphasized the injunction judge’s statement that the sole issue before him was honking horns, providing context to Greenspon’s ‘no evidence of breach’ quote,” the TDF stated.

The Crown had suggested that the injunction judge “referred only to a lack of evidence regarding honking horns, not a lack of evidence of any wrongdoing.”

Counsel is soon set to meet to determine the next days for when Day 35 will be scheduled.

Trial that began in September was supposed to last only 16 days

The trial, which began September 5, 2023, was expected to last only a few weeks.

In 2022, lawyers for both sides agreed that 16 days would be a reasonable amount of time for a fair trial. The Crown, however, took a long time going through its witness list.

Just before Christmas, the Freedom Convoy leaders’ lawyers said a $290 million class-action lawsuit filed by disgruntled Ottawa residents against the leaders is designed to “silence” the leaders’ right to free “expression.” The Freedom Convoy leaders’ lawyers have applied to have the case dismissed.

The trial until last Thursday was on hiatus since December 7.

On the last day of the trial for 2023, TDF observed that the court will resume in 2024 with a “voir dire,” or trial within a trial, to be “held over how comments made by the judge presiding over the Ottawa injunction order of February 2022 should be treated.”

“In the days following, there should be a decision on the defense motion to dismiss the Carter application,” TDF said.

Thus far, per TDF, the Crown has asserted “that the absence of violence or peaceful nature of the protest didn’t make it lawful, emphasizing that the onus was on the Crown to prove the protest’s unlawfulness.”

The Crown has been holding steadfast to the notion in trying to prove that Lich and Barber had somehow influenced the protesters’ actions through their words as part of a co-conspiracy. This claim has been rejected by the defense as weak.

The reality is that Lich and Barber collaborated with police on many occasions so that the protests were within the law.

Lich and Barber are facing multiple charges from the 2022 protests, including mischief, counseling mischief, counseling intimidation and obstructing police for taking part in and organizing the anti-mandate Freedom Convoy. As reported by LifeSiteNews at the time, despite the non-violent nature of the protest and the charges, Lich was jailed for weeks before she was granted bail.

In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the Emergencies Act on February 14.

During the clear-out of protesters after the EA was put in place, one protester, an elderly lady, was trampled by a police horse, and one conservative female reporter was beaten by police and shot with a tear gas canister.

LifeSiteNews has been covering the trial extensively.

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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-19

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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