Major Victory for a Military Covid-19 Vaccine Objector

The following is from my interview with military defense attorney Davis Younts, who successfully represented Lt. Bill Moseley in his case of Covid-19 vaccine mandate objections. 

For more information on the side of the government and vaccine industry, you can read the latest at CDC.gov.

Navy Lt. Bill Moseley recently won his case of vaccine objection before an administrative separation board. The board is comprised of three senior Navy personnel who function as a jury but are also allowed to ask questions. Those who have served more than six years in the military are entitled to a hearing before such a board prior to a recommended involuntary discharge.

Listen to the podcast on this topic and read more below.

Moseley enlisted in the Navy as a sailor after high school around 2000 and served to 2014 as an enlisted sailor, then became a commissioned officer who volunteered for multiple deployments, embedded with Navy SEAL teams and had “not a scrap of bad paper in his entire career” until the vaccine mandate rolled out.

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'There is no FDA-approved Covid vaccine available'

When the vaccine mandate came down, Moseley was preparing his application for a religious exemption and started realizing the mandate was “not a lawful order” for two reasons: 

1. There is no actual FDA-approved product available for the military, and so they cannot require military members to take an experimental or emergency use authorization. 

2. Given the potential for adverse effects, especially on young, healthy military-age people, the mandate isn’t reasonably necessary.

“Pfizer produced a Covid vaccine under the Pfizer label that has a specific formulation, and that’s what was authorized for emergency use,” says Younts, the attorney for Lt. Bill Moseley, and himself a former service member. “[But] what they presented to the FDA [that received official approval] is a different product, a legally distinct product with, similar, but some distinct differences in ingredients…just because the FDA approved that formula does not mean that the FDA-approved product was produced or ever will be produced. It's a different product…Two products… legally, they are distinct. And under federal law, a military member cannot be forced to take an experimental product unless the president of the United States signs a very specific waiver and for whatever reason, political or otherwise, the president has not done that.”

Nonetheless, the requirement exists. Those in the military who do not get approved exemptions from Covid-19 vaccine, which is vritually everyone, are typically given written orders to get the vaccine or are pushed to disciplinary proceedings or separation.

Over 150,000 military troops initially notified the military that they wished to seek an exemption and/or refuse Covid-19 vaccination due to health concerns, religious concerns, or the fact that they already had immunity thru Covid infection. It’s estimated up to 50,000 military members have already been kicked out or are still in but refusing the vaccine. Many have complied, under pressure, and gotten the vaccine over their objections.

'Political Overtones'

“What's driving, it feels very highly political,” says Younts. “That's the best answer that I can give— it's coming from the highest levels of the Pentagon. It's not being driven by mid-level management in the military, if you will. Many commanders and many positions throughout that my clients are dealing with don't wanna enforce it, don't agree with the enforcement of it, don't agree with the denials, but they feel like if they're going to keep their job and not get fired, they have to comply with what's coming down from the highest level. So this is absolutely top down driven, and it doesn't have much to do with military necessity or the military mission. The vast majority of my clients, particularly the ones that deploy repeatedly — Navy SEALS and others fighter pilots — they had Covid early on during the pandemic. They're young, healthy folks and they were sick for a couple of days, and then they moved on. And I have others that…had been exposed multiple times and either never got it, or were never symptomatic and were deploying all over the world, Afghanistan and otherwise during the pandemic, doing their job with no issues. So other than political and this being top down driven, I wish I knew, but I can't explain why the military's doing this. 

Christian objections related to abortion

In the case of Moseley, Younts says it’s Christian faith that’s driving his objection.

“The science is pretty clear with regard to the, the three vaccines that were pushed out. Johnson and Johnson— the company that produced it would admit— that fetal cell derived tissue is contained within the vaccine. That's injected into the human body…The Moderna and the Pfizer products were tested and developed, and the mRNA technology was tested and developed, using fetal cell lines. So those are cell lines that come from an aborted child. And they clone those cells. But each one of those cell lines has a shelf life, meaning you can only clone it so many times. You can only use it so many times where before it's utility is gone, right? The copy of the copy is isn't as good anymore. And you have to start with a new fetal cell line. So when it comes to these vaccines, other medical products as well, but these vaccines in particular, there's a clear line to be drawn to, to an abortion.”

'Arbitrary like Afghanistan withdrawal'

“A lot of my clients do see a connection between this and things like the withdrawal from Afghanistan. And what I mean by that is when this vaccination was rolled out, the way it continues to be enforced, feels arbitrary to my clients. It feels like these are arbitrary deadlines. They're not connected to science. They don't make sense. It's not connected to the mission-- accomplishing the mission. In fact, we're losing a tremendous amount of highly, highly skilled, valuable people that are difficult to replace. So fighter pilot in the Navy takes seven years to train, to be fully operational, to deploy.

“And we're losing lots of those people over this. Just like we withdrew from Afghanistan because of a deadline. There wasn't a military reason to justify what occurred on the ground. And it seemed like there was an arbitrary date and, and that's where we're gonna go pull out. So a lot of my clients just see a clear parallel to that. And anyone that's spoken out against these vaccine mandates or criticized the administration or military leadership over our withdrawal from Afghanistan is done there. There's no place for you in the military anymore. If you ask those questions-- right or wrong.”