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Fauci’s Top Advisor May Have Illegally Evaded Records Requests, Experts Say

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From the Daily Caller News Foundation

By ROBERT SCHMAD

 

“These revelations are startling,” Judicial Watch senior attorney Michael Bekesha told the DCNF. ” It appears as though Dr. Morens and maybe others at NIH sought to circumvent, if not violate, the law by using personal email accounts and deleting emails.”

A top advisor for former National Institute of Allergy and Infectious Diseases (NIAID) Director Anthony Fauci may have illegally taken actions to avoid records requests, experts told the Daily Caller News Foundation.

David Morens, a former senior adviser to Fauci, both deleted emails to evade Freedom of Information Act (FOIA) requests and told people multiple times to contact him at his personal email address to get around such requests, according to emails released by the House Oversight Committee on Wednesday. Morens, in his emails, also suggested that Fauci used his private email address to conduct government business.

“This is very illegal,” Matthew Hardin, a lawyer specializing in issues related to FOIA, told the DCNF.

“The Federal Records Act has strict requirements for preserving agency records in the agency’s custody for various reasons, including for purposes of facilitating the agency’s compliance with the Freedom of Information Act,” he continued. “This means that anybody conducting agency business through a ‘secret’ back channel or through Gmail is still creating a federal record, even if they are wrongfully concealing that record on a personal account instead of the government’s custody.”

In addition to using his private email address to communicate with others with the express purpose of getting around FOIA requests, Morens instructed others to reach Fauci at a private address for similar reasons.

In an April 2021 email to Peter Daszak, the president of EcoHealth Alliance, Morens said that there is “no worry about FOIAs” as he can “either send stuff to Tony [Fauci] on his private email, or hand it to him at work or at his house.”

“He is too smart to let his colleagues send him stuff that could cause trouble,” Morens continued.

“These revelations are startling,” Judicial Watch senior attorney Michael Bekesha told the DCNF. ” It appears as though Dr. Morens and maybe others at NIH sought to circumvent, if not violate, the law by using personal email accounts and deleting emails.”

Bekesha said Morens’ conduct could run afoul of the Federal Records Act, the Freedom of Information Act and the Privacy Act.

Daszak’s EcoHealth has received scrutiny for working with the Wuhan Institute of Virology, which some have posited was where the COVID-19 pandemic originated. The Federal Bureau of Investigation and the Department of Energy now both believe that COVID-19 likely emerged from a Chinese lab. EcoHealth was cut off from federal funding on May 15 in part due to issues with its monitoring of work done at the Wuhan Institute of Virology.

 

Beyond using personal emails to evade possible FOIA requests, Morens also said that he worked with his agency’s FOIA office to delete records of his communications.

“[I] learned from our foia [sic] lady here how to make emails disappear after I am foia’d [sic] but before the search starts, so [I] think we are all safe,” Morens wrote in a February 2021 email. “Plus [I] deleted most of those earlier after sending them to gmail [sic],” he continued.

Morens sent multiple emails between June 2020 and October 2021 suggesting that he’d deleted his government communications. “We are all smart enough to know to never have smoking guns, and if we did we wouldn’t put them in emails and if we found them we’d delete them,” he said in one email.

“The right of citizen access and the transparency of public records is constitutional and enshrined in Article I, Section 9, Clause 7 of the U.S. Constitution—within the powerful Appropriations clause,” Open The Books CEO Adam Andrzejewski told the DCNF. “Such an important and significant admission of the destruction of public records begs a non-partisan, criminal investigation,” he continued.

“The question now is how often are the feds working to hide or destroy information that belongs in the public record? Is it limited to the public health complex, or is it happening all over the government?”

If Morens deleted his emails to evade FOIA, Hardin says that could constitute “destroy[ing] government property.”

Michael Chamberlin, director of Protect the Public’s Trust, told the DCNF that “federal employees are obligated to preserve federal records” and that “destroying records for the express purpose of evading FOIA is a blatant and egregious violation of this obligation and should be treated as such.”

Morens also claimed to have a “‘secret’ back channel” to Fauci, a statement he walked back during congressional testimony on Wednesday by saying that he was only joking. Morens said during his testimony he did not recall sending information related to COVID-19 to Fauci’s personal email address, but that it’s possible he did so at some point.

The Department of Health and Human Services (HHS), which the NIAID operates within, declined to comment on the specifics of Morens’ emails.

“HHS doesn’t comment on personnel matters,” a spokesperson for the department said. “HHS is committed to the letter and spirit of the Freedom of Information Act and adherence to Federal records management requirements. It is HHS policy that all personnel conducting business for, and on behalf of, HHS refrain from using personal email accounts to conduct HHS business,” they continued.

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Brownstone Institute

How Did a Small Group Do This?

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From the Brownstone Institute

By JEFFREY A. TUCKER

“You know, it’s kind of our own science experiment that we’re doing in real time.”

A very interesting study appeared last week by two researchers looking into the pandemic policy response around the world. They are Drs. Eran Bendavid and Chirag Patel of Stanford and Harvard, respectively. Their ambition was straightforward. They wanted to examine the effects of government policy on the virus.

In this ambition, after all, researchers have access to an unprecedented amount of information. We have global data on strategies and stringencies. We have global data on infections and mortality. We can look at it all according to the timeline. We have precise dating of stay-at-home orders, business closures, meeting bans, masking, and every other physical intervention you can imagine.

The researchers merely wanted to track what worked and what did not, as a way of informing future responses to viral outbreaks so that public health can learn lessons and do better next time. They presumed from the outset they would discover that at least some mitigation tactics achieved the aim.

It is hardly the first such study. I’ve seen dozens of such efforts, and there are probably hundreds or thousands of these. The data is like catnip to anyone in this field who is empirically minded. So far, not even one empirical examination has shown any effect of anything but that seems like a hard conclusion to swallow. So these two decided to take a look for themselves.

They even went to the next step. They assembled and reassembled all existing data in every conceivable way, running fully 100,000 possible combinations of tests that all future researchers could run. They found some correlations in some policies but the problem is that every time they found one, they found another instance in which the reverse seemed to be true.

You cannot infer causation if the effects are not stable.

After vast data manipulation and looking at every conceivable policy and outcome, the researchers reluctantly come to an incredible conclusion. They conclude that nothing that governments did had any effect. There was only cost, no benefit. Everywhere in the world.

Please just let that sink in.

The policy response destroyed countless millions of small businesses, ruined a generation in learning losses, spread ill health with substance abuse, wrecked churches that could not hold holiday services, decimated arts and cultural institutions, broke trade, unleashed inflation that is nowhere near done with us yet, provoked new forms of online censorship, built government power in a way without precedent, led to new levels of surveillance, spread vaccine injury and death, and otherwise shattered liberties and laws the world over, not to mention leading to frightening levels of political instability.

And for what?

Apparently, it was all for nought.

Nor has there been any sort of serious reckoning. The European Commission elections are perhaps a start, and heavily influenced by public opposition to Covid controls, in addition to other policies that are robbing nations of their histories and identities. The major media can call the victors “far right” all they want but this is really about common people simply wanting their lives back.

It’s interesting to speculate about precisely how many people were involved in setting the world on fire. We know the paradigm was tried first in Wuhan, then blessed by the World Health Organization. As regards the rest of the world, we know some names, and there were many cohorts in public health and gain-of-function research.

Let’s say there are 300 of them, plus many national security and intelligence officials plus their sister agencies around the world. Let’s just add a zero plus multiply that by the large countries, presuming that so many others were copycats.

What are we talking about here? Maybe 3,000 to 5,000 people total in a decision-making capacity? That might be far too high. Regardless, compared with the sheer number of people around the world affected, we are talking about a tiny number, a mico-percent of the world’s population or less making new rules for the whole of humanity.

The experiment was without precedent on this scale. Even Deborah Birx admitted it. “You know, it’s kind of our own science experiment that we’re doing in real time.” The experiment was on whole societies.

How in the world did this come to be? There are explanations that rely on mass psychology, the influence of pharma, the role of the intelligence services, and other theories of cabals and conspiracies. Even with every explanation, the whole thing seems wildly implausible. Surely it would have been impossible without global communications and media, which amplified the entire agenda in every respect.

Because of this, kids could not go to school. People in public parks had to stay within circles. Businesses could not open at full capacity. We developed insane rituals like masking when walking and unmasking when sitting. Oceans of sanitizer would be dumped on all people and things. People were made to be afraid of leaving their homes and clicked buttons to make groceries arrive on their doorsteps.

It was a global science experiment without any foundation in evidence. And the experience utterly transformed our legal systems and lives, introducing uncertainties and anxieties as never before and unleashing a level of crime in major cities that provoked residential, business, and capital flight.

This is a scandal for the ages. And yet hardly anyone in major media seems to be interested in getting to the bottom of it. That’s because, for bizarre reasons, looking too carefully at the culprits and policies here is regarded as being for Trump. And the hate and fear of Trump is so beyond reason at this point that whole institutions have decided to sit back and watch the world burn rather than be curious about what provoked this in the first place.

Instead of an honest accounting of the global upheaval, we are getting the truth in dribs and drabs. Anthony Fauci continues to testify for Congressional hearings and this extremely clever man threw his longtime collaborator under the bus, acting like David Morens was a rogue employee. That action seemed to provoke ex-CDC director Robert Redfield to go public, saying that it was a lab leak from a US-funded lab doing “dual purpose” research into vaccines and viruses, and strongly suggesting that Fauci himself was involved in the cover-up.

Among this group, we are quickly approaching the point of “Every man for himself.” It is fascinating to watch, for those of us who are deeply interested in this question. But for the mainstream media, none of this gets any coverage at all. They act like we should just accept what happened and not think anything about it.

This great game of pretend is not sustainable. To be sure, maybe the world is more broken than we know but something about cosmic justice suggests that when a global policy this egregious, this damaging, this preposterously wrongheaded, does all harm and no good, there are going to be consequences.

Not immediately but eventually.

When will the whole truth emerge? It could be decades from now but we already know this much for sure. Nothing we were promised about the great mitigation efforts by governments turned out to achieve anything remotely what they promised. And yet even now, the World Health Organization continues to uphold such interventions as the only way forward.

Meanwhile, the paradigm of bad science backed by force pervades nearly everything these days, from climate change to medical services to information controls.

When will evidence matter again?


Published under a Creative Commons Attribution 4.0 International License
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  • Jeffrey A. Tucker

    Jeffrey Tucker is Founder, Author, and President at Brownstone Institute. He is also Senior Economics Columnist for Epoch Times, author of 10 books, including Life After Lockdown, and many thousands of articles in the scholarly and popular press. He speaks widely on topics of economics, technology, social philosophy, and culture.

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COVID-19

Civil liberties group demands Fauci preserve records with Big Tech for COVID collusion lawsuit

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Dr. Anthony Fauci, testifies during a Senate Committee on Health, Education, Labor and Pensions hearing about the federal response to monkeypox, on Capitol Hill September 14, 2022, in Washington, D.C.           Photo by Drew Angerer/Getty Images

From LifeSiteNews

By Didi Rankovic for Reclaim The Net.

The records in question are relevant to a major First Amendment case alleging collusion between the government and tech companies, Murthy v. Missouri (formerly Missouri v. Biden), which is currently in the U.S. Supreme Court.

The New Civil Liberties Alliance (NCLA) non-profit has sent a letter to Dr. Anthony Fauci and several medical and other U.S. officials, as well as to Google, making sure they are formally notified of their obligations to preserve communications records.

The records in question are relevant to a major First Amendment case alleging collusion between the government and tech companies, Murthy v. Missouri (formerly Missouri v. Biden), which is currently in the U.S. Supreme Court.

We obtained a copy of the letter for you here.

The NCLA letter specified that the request pertains to all documents and electronically stored information, under Federal Rule of Civil Procedure 34.

Those named in the letter are former chief medical adviser to President Biden Dr. Anthony Fauci, his colleague from the National Institute of Allergy and Infectious Diseases (that Fauci headed during the pandemic) Dr. David Morens, Adam Kirschner of the U.S. State Department, and Google General Counsel Halimah DeLaine Prado, among others.

The letter recalled that Fauci is a defendant in the landmark First Amendment case, alleging that he and other government officials named in Murthy v. Missouri – including the president himself – engaged in unconstitutional censorship of social media around Covid issues such as lockdowns, mask mandates, and vaccines.

NCLA has joined the plaintiffs in Murthy v. Missouri and is now in that capacity requesting that Fauci, Morens, and others preserve all documents, including drafts and copies, and paper files maintained by their staff that are relevant to the case.

The letter lists examples of the sort of communications that, if deleted to further the interests of the defendants, would in effect unfairly influence the outcome of this pivotal case.

Additionally, the letter warns that Fauci and Morens were using private emails unlawfully, but that an act or attempt of deleting those messages would in itself be illegal.

In line with that, the letter says the request to preserve documents applies not only to communications made through official but also unofficial channels – including third-party messaging and social media apps.

NCLA’s own, direct “skin in the game” is spelled out in a statement that says, “Our clients, who include top doctors and scientists, were censored for social media posts that turned out to be factually accurate, depriving the public of valuable perspectives during a public health crisis.”

This refers to epidemiologists and co-authors of the Great Barrington Declaration, Jayanta Bhattacharya and Martin Kulldorff, Aaron Kheriaty, and Jill Hines. The statement added:

We’re optimistic that the majority will look at the record and recognize that this was a sprawling government censorship enterprise without precedent in this country, and that this cannot be permitted to continue if the First Amendment is to survive.

Reprinted with permission from Reclaim The Net.

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