Top Gun Pandemic AAR

2003 Enactment Takes Center Stage in Continuing Post COVID-19 Pandemic Litigation

WASHINGTON (August 10, 2025)—While Republicans in Alexandria, Virginia have once again located no challenger against Commonwealth’s Attorney Bryan Porter, seeking re-election for his fourth time, while electing a right to remain silent on a pending decision before the Court of Appeals in Richmond for his failure even to publish a nolle prosequi to justify his refusal to convene a grand jury investigation into a felinious bribe offer to a congressional candidate, and, at least ironically a former biological warfare planner in 2016, implicating at least two incumbent Democrat legislators in Washington, one jurist, designated by the Chief Justice for the State Supreme Court has handed down a suspicious ruling, now being challenged on appeal, also in connection to the COVID-19 pandemic to which one departing school board member in Arlington was convinced he and his colleagues would be remembered. However, related court actions brought in Richmond and Norfolk may help to explain why a court would refuse to enforce a FOIA request to compel the second best public schools in Virginia to produce a copy of its safe school reopening plan, as had been ordered by the State Health Commissioner in June 2020.

Ignorance of the law is no excuse, and, implementing a provision of the Food, Drug & Cosmetics Act passed in 2003, the former HHS Secretary had authorized, under an emergency use authorization that VA8 incumbent Don Beyer, Jr. had demanded in the press, formerly unapproved measures that over 1.1 billion Americans have been administered. Only nine percent of the persons tested had tested positive during a pandemic emergency had persisted for more than three years, even though pandemics, without pharmacological intervention, historically, have lasted only between 18 and 24 months. More concerning, when these measures had been released they were supposed to be limited to members of the military and citizens residing abroad, under Section 564. And, if it could get worse, Section 564 is limited to application for addressing terrorist attacks involving a chemical, biological, radiological or nuclear (CBRN) agent or agents. Major Mike Webb, a notorious litigation hobbyist, has submitted a second FOIA request to HHS to obtain the justification for just determination, since no citizens residing abroad or military forces would be infected until almost a month after the Secretary had made this determination, a discrepancy somehow not reported even by the watchful eyes of the press.

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