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(READ) FDA forced to produce public documents at more reasonable rate

Dated: January 7, 2022 by Sharyl Attkisson 3 Comments

      

As reported in these podcasts, attorney Aaron Siri has been trying to force the federal government to turn over public health documents that we own at a more reasonable rate than the agency proposed.

Now, a court has sided with Siri.

You can read the information from Siri and the court order below.

PODCAST 1 with Aaron Siri: https://art19.com/shows/the-sharyl-attkisson-podcast/episodes/5828eeaa-d7fb-4894-91bb-f4a2153b9628

PODCAST 2 with Aaron Siri: https://anchor.fm/sharylattkisson/episodes/After-Hours-Covid-19-Vaccine-Mandates-in-Court-e1bvrinp

By Aaron Siri:

On behalf of a client, my firm requested that the FDA produce all the data submitted by Pfizer to license its Covid-19 vaccine.  The FDA asked the Court for permission to only be required to produce at a rate of 500 pages per month, which would have taken over 75 years to produce all the documents. 

I am pleased to report that a federal judge soundly rejected the FDAโ€™s request and ordered the FDA to produce all the data at a clip of 55,000 pages per month!

This is a great win for transparency and removes one of the strangleholds federal โ€œhealthโ€ authorities have had on the data needed for independent scientists to offer solutions and address serious issues with the current vaccine program โ€“ issues which includeย waningย immunity, variantsย evadingย vaccine immunity, and, as the CDC has confirmed, that the vaccines do notย preventย transmission.

  • Covid-19 Natural Immunity: The Definitive Summary
  • Covid-19 Vaccine: 80 of the Most Common Adverse Events
  • Covid-19 Vaccine Concerns Summary
  • Covid-19 Vaccine Analysis: Common Adverse Events
  • Covid-19 Origins: Separating Rumor from Fact (WATCH)
  • Report a Possible Vaccine Adverse Event

No person should ever be coerced to engage in an unwanted medical procedure.  And while it is bad enough the government violated this basic liberty right by mandating the Covid-19 vaccine, the government also wanted to hide the data by waiting to fully produce what it relied upon to license this product until almost every American alive today is dead.  That form of governance is destructive to liberty and antithetical to the openness required in a democratic society. 

In ordering the release of the documents in a timely manner, the Judge recognized that the release of this data is of paramount public importance and should be one of the FDAโ€™s highest priorities.  He then aptly quoted James Madison as saying a โ€œpopular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedyโ€ and John F. Kennedy as explaining that a โ€œnation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.โ€ 

The following is the full text of the Judgeโ€™s order, a copy of which is also available here.

UNITED STATES DISTRICT COURT

PHMPT, Plaintiff v. FDA, Defendant, No. 4:21-cv-1058-P

ORDER

This case involves the Freedom of Information Act (โ€œFOIAโ€). Specifically, at issue is Plaintiffโ€™s FOIA request seeking โ€œ[a]ll data and information for the Pfizer Vaccine enumerated in 21 C.F.R. ยง 601.51(e) with the exception of publicly available reports on the Vaccine Adverse Events Reporting Systemโ€ from the Food and Drug Administration (โ€œFDAโ€). See ECF No. 1. As has become standard, the Parties failed to agree to a mutually acceptable production schedule; instead, they submitted dueling production schedules for this Courtโ€™s consideration. Accordingly, the Court held a conference with the Parties to determine an appropriate production schedule.[1] See ECF Nos. 21, 34.

โ€œOpen government is fundamentally an American issueโ€ โ€“ it is neither a Republican nor a Democrat issue.[2] As James Madison wrote, โ€œ[a] popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps, both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.โ€[3] John F. Kennedy likewise recognized that โ€œa nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.โ€[4] And, particularly appropriate in this case, John McCain (correctly) noted that โ€œ[e]xcessive administrative secrecy . . . feeds conspiracy theories and reduces the publicโ€™s confidence in the government.โ€[5]

Echoing these sentiments, โ€œ[t]he basic purpose of FOIA is to ensure an informed citizenry, [which is] vital to the functioning of a democratic society.โ€ NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214, 242 (1977). โ€œFOIA was [therefore] enacted to โ€˜pierce the veil of administrative secrecy and to open agency action to the light of public scrutiny.โ€™โ€ Batton v. Evers, 598 F.3d 169, 175 (5th Cir. 2010) (quoting Depโ€™t of the Air Force v. Rose, 425 U.S. 352, 361 (1976)). And โ€œCongress has long recognized that โ€˜information is often useful only if it is timelyโ€™ and that, therefore โ€˜excessive delay by the agency in its response is often tantamount to denial.โ€™โ€ Open Socโ€™y Just. Initiative v. CIA, 399 F. Supp. 3d 161, 165 (S.D.N.Y. 2019) (quoting H.R. REP. NO. 93-876, at 6271 (1974)). When needed, a court โ€œmay use its equitable powers to require an agency to process documents according to a court-imposed timeline.โ€ Clemente v. FBI, 71 F. Supp. 3d 262, 269 (D.D.C. 2014).

Here, the Court recognizes the โ€œunduly burdensomeโ€ challenges that this FOIA request may present to the FDA. See generally ECF Nos. 23, 30, 34. But, as expressed at the scheduling conference, there may not be a โ€œmore important issue at the Food and Drug Administration . . . than the pandemic, the Pfizer vaccine, getting every American vaccinated, [and] making sure that the American public is assured that this was not [] rush[ed] on behalf of the United States . . . .โ€ ECF No. 34 at 46. Accordingly, the Court concludes that this FOIA request is of paramount public importance.

โ€œ[S]tale information is of little value.โ€ Payne Enters., Inc. v. United States, 837 F.2d 486, 494 (D.C. Cir. 1988). The Court, agreeing with this truism, therefore concludes that the expeditious completion of Plaintiffโ€™s request is not only practicable, but necessary. See Bloomberg, L.P. v. FDA, 500 F. Supp. 2d 371, 378 (S.D.N.Y. Aug. 15, 2007) (โ€œ[I]t is the compelling need for such public understanding that drives the urgency of the request.โ€). To that end, the Court further concludes that the production rate, as detailed below, appropriately balances the need for unprecedented urgency in processing this request with the FDAโ€™s concerns regarding the burdens of production. See Halpern v. FBI, 181 F.3d 279, 284โ€“85 (2nd Cir. 1991) (โ€œ[FOIA] emphasizes a preference for the fullest possible agency disclosure of such information consistent with a responsible balancing of competing concerns . . . .โ€).

Accordingly, having considered the Partiesโ€™ arguments, filings in support, and the applicable law, the Court ORDERS that:

1. The FDA shall produce the โ€œmore than 12,000 pagesโ€ articulated in its own proposal, see ECF No. 29 at 24, on or before January 31, 2022.

2. The FDA shall produce the remaining documents at a rate of 55,000 pages every 30 days, with the first production being due on or before March 1, 2022, until production is complete.

3. To the extent the FDA asserts any privilege, exemption, or exclusion as to any responsive record or portion thereof, FDA shall, concurrent with each production required by this Order, produce a redacted version of the record, redacting only those portions as to which privilege, exemption, or exclusion is asserted.

4. The Parties shall submit a Joint Status Report detailing the progress of the rolling production by April 1, 2022, and every 90 days thereafter.[6]

SO ORDERED on this 6th day of January, 2022.


[1] Surprisingly, the FDA did not send an agency representative to the scheduling conference.

[2] 151 CONG. REC. S1521 (daily ed. Feb. 16, 2005) (statement of Sen. John Cornyn).

[3] Letter from James Madison to W.T. Barry (August 4, 1822), in 9 WRITINGS OF JAMES MADISON 103 (S. Hunt ed., 1910).

[4] John F. Kennedy, Remarks on the 20th Anniversary of the Voice of America (Feb. 26, 1962).

[5] America After 9/11: Freedom Preserved or Freedom Lost?: Hearing Before the S. Comm. on the Judiciary, 108th Cong. 302 (2003).

[6] Although the Court does not decide whether the FDA correctly denied Plaintiffโ€™s request for expedited processing, the issue is not moot. Should the Parties seek to file motions for summary judgment, the Court will take up the issue then.


      
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About Sharyl Attkisson

Emmy-Award Winning Investigative Journalist, New York Times Best Selling Author, Host of Sinclair's Full Measure

Reader Interactions

Comments

  1. Richard Sinnott says

    January 8, 2022 at 11:15 am

    It's nice to see a federal judge come down on the right side of an issue.

    As these documents trickle out, my bet is that Alex Berenson, David Martin and the rest of the honest analysts will be proved right. Despite its previous two guilty pleas in 2004 and 2009 to criminal medical fraud, Pfizer is still a criminal organization.

    Reply
  2. Stephen Triesch says

    January 8, 2022 at 5:44 pm

    One wonders why they are stonewalling on this. I can't think of any reason other than that they are trying to hide things which may prove embarrassing and/or undermine confidence in the vaccines, perhaps even showing a wanton recklessness in ignoring potential risks.

    Reply

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