No Way Out

Remaining COVID-19 Pandemic Litigations Approach Critical Point

WASHINGTON (September 7, 2025)—In 1993, one soldier, assigned to the 75th Ranger Regiment had been ordered to attend Officer Candidate School for accession into the Military Intelligence Corps, on orders to proceed immediately after the Officer Basic Course for assignment with U,S. Forces Korea, 8th Army, in Pusan, but the situation had changed, his orders were amended, and as just a tactical analyst (35D), he was diverted for assignment to echelon above corps (EAC), strategic counterintelligence on Fort Meade. At that time, butter bar lieutenants were not assigned to strategic counterintelligence, especially without completion of “The Echo Course” for qualification as a Counterintelligence Officer (35D), awarded with badges and credentials (Bs & Cs). Perhaps someone at higher just required an able analyst. But that lieutenant, who in 2016 would be offered an unsolicited job offer from DIA, only one of three persons deemed fully qualified, for an officially “expired”, or disvowed, mission, in a Top Secret billet as an analyst has become the “vexatious by any definition” “whistleblower” in state and federal courts since March 2020, docketing as many as a dozen cases for certiorari at the U.S. Supreme Court.

And, while all eyes are on off-year elections in New Jersey and Virginia, this “litigation hobbyist” is reaching defining points in litigations pending in state and federal courts from Norfolk to D.C. The focus is turning now to key decisions made at the highest levels on distinct dates in the COVID-19 response, which had been authorized by a proactive Congress in the Bush Administration, amending the Food, Drug & Cosmetics Act, to address a Section 564 Public Health Emergency. While most are not acquainted with this amendment passed by Congress in 2003, any one of the volunteers for 1.1 billion PCR tests that had been administered by December 2022, or the 81% of Americans who had recieved at least one dose, should be at least familiar with the emergency use authorizations, which had been issued pursuant to Section 564 of the FD&C Act. The conditions precedent for that legislation become most critical, because they are only authorized for an emergency involving a chemical, biological, radiological or nuclear (CBRN) agent, or, in layman’s terms, a weapon, which had not just escaped but was being deployed.

Probably most Americans were wholly unaware of the law, but how much did leaders know? Did they just lie to develop the vaccines at warp speed? In off the radar litigations, government officials and the press are evolving science to develop answers to those uncomfortable questions.

Visit Major Mike Webb for APS Board

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