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Opposing the Emergency Health Powers Act

by Carol Brouillet
KPFA will air program on the Emergency Health Powers Act 1pm-2pm, Wednesday, April 3rd. This article gives some background on California Bill 1763 and an update on the larger picture with links to recent developments.
Opposing the Emergency Health Powers Act (California Bill 1763)

On March 21, 2002 a small group of activists rallied in Sacramento to draw attention to the Emergency Health Powers Act and voice their concerns to legislators.

The California Bill (Number 1763) based upon Model Emergency Health Powers Act, gives the Governor authority to declare a state of public health emergency without consulting anyone and without any accountability, not even to the Legislature. It gives power to the State or an unelected Public Health Director to-

*Require any individual to be vaccinated (contrary to the Nuremberg Code.) Refusal constitutes a crime and will result in quarantine. Quarantine or isolation may be imposed without prior informed consent; without consideration of personal beliefs, prior medical conditions or contraindications; and without any provision to keep families together, including keeping children with their parents or legal guardians during quarantine or isolation.

*Require any individual to undergo specific medical treatment. Refusal constitutes a crime and will result in quarantine.

*Seize any property, including real estate, food, medicine, fuel or clothing, an official thinks necessary to handle the emergency.

*Seize and destroy any property alleged to be hazardous. There will be no compensation or recourse.

*Draft you or your business into state service.

*Impose rationing, price controls, quotas and transportation controls.

*Suspend any state law, regulation or rule that is thought to interfere with handling the declared emergency.

*It also requires pharmacists to report data on over-the-counter sales, and customer information that pharmacists are not required to obtain under current law (proposed Section 130380, 130382, & 130384).

*Calls for mandatory immunizations.

*Gives police powers over medical professionals, medical facilities, and ordinary citizens to the Department of Health Services, to local government agencies responsible for protecting the public's health, and to any person designated by them

*Ignores the California Emergency Services Act and all other existing laws, including provisions in the Health and Safety Code, which are in place and have been proven effective to address potential and actual emergencies that could affect public health.

Mike Ruppert originally drew our attention to the Model Emergency Health Powers Act when he gave a talk on “Truth and Lies about 9-11.” The attacks on the World Trade Center and the Pentagon, permitted the Bush Administration to wage a “War on Terrorism and Afghanistan” to the benefit of multinational oil corporations and the Defense Industries.

Unbeknownst to many Americans, the Patriot Act, the Anti-Terrorism Act, the Homeland Security Act passed in the wake of the attack, destroyed many of our civil liberties, institutionalized racial profiling, criminalized dissent, shredded the Constitution and Due Process, turning over civilian protections granted by the Magna Carta in 1297.

The Model Emergency Health Powers Act was written by the Center for Law and the Public Health which was convened for that purpose on Oct. 5th 2001. (The Center for Law and Public Health is run jointly by Georgetown University Law School and Johns Hopkins Medical School, and was founded under the auspices of the Center for Disease Control (CDC). CLPH was formed one month prior to the 2000 Presidential election.) A revised version was released on Dec. 21 containing more specific definitions of "public health emergency" as it pertains to bioterrorism and biologic agents, and includes language for those states that want to use the act for chemical, nuclear or natural disasters.

Health and Human Services Secretary Tommy Thompson is urging all State legislatures to adopt the Act and to tie billions of dollars in federal funding to its’ passage: the usual method of bribery/coercion to get States to pass legislation that would otherwise never be considered. New Mexico, Utah and South Dakota have already passed versions of MEHPA, and legislation has been introduced in half of the states; Wisconsin, Washington, Idaho and Wyoming have managed to defeat or stall the legislation.

Two of the key positions regarding our nation’s health have been filled recently. Bush has chosen Dr. Richard Carmona to be Surgeon General. (According to UCSF News Today (http://pub.ucsf.edu/today/news.php?news_id=200203261), Carmona was raised in Harlem, at age 17, he enlisted in the Army Special Forces (Green Berets). He was trained as a medical specialist, wounded twice in Vietnam, moved to California where he used his medical specialist background to qualify for a RN's license, he moonlighted as a nurse while finishing a biology major at Long Beach State, and into the School of Medicine… In 1985, he moved to Tucson and started the first trauma care system in Southern Arizona. A year later, he joined the Pima County Sheriff's Department as a SWAT team member and has served for the past 16 years as team leader and training officer.. He is also the chairman of the state of Arizona Southern Regional Emergency Medical System. Before chosen to be Surgeon General, he was thinking of running for Congress.

Bush has picked Dr. Elias Zerhouni as the new director of the U.S. National Institutes of Health. Dr. Zerhouni was also on the board of Trustees of John Hopkins Healthcare 2000-2001 and, according to http://www.nomorefakenews.com, Zerhouni was a member of the Institute of Medicine, the group that whitewashed all the dangers of the anthrax vaccine. NIH's budget is slated to balloon from $13.5 billion (1998) to $27 billion (2003). NIH is now doing extensive work on "bioterrorism research."

The Center for Disease Control is considering changing its vaccination policy according to a March 29, 2002 article which appeared in the Atlanta Journal-Constitution (http://www.accessatlanta.com/ajc/news/0302/0329smallpox.html).

Fauci, director of the National Institute of Allergy and Infectious Diseases, the division of the National Institutes of Health that is preparing to conduct $1.5 billion of research into bioterrorism, stated in an article "An open and public dialogue on the advantages and disadvantages of universal voluntary vaccination . . . should be initiated before any attack occurs.” Smallpox was eradicated in 1979. The virus is known to exist in only two places: a lab at the Centers for Disease Control and Prevention in Atlanta, and one in Russia. After eradication, the U.S. government retained 15.4 million doses of the vaccine.

The vaccine can cause severe reactions not only in those who get it, but in adults and especially children in close proximity to recipients. Experts fear the vaccine also could threaten people such as AIDS patients and transplant recipients, who are living with fragile immune systems.(See “U.S. Officials Want a Dose for Every Person in the Country by the End of 2002 “ at http://www.mercola.com/2001/oct/31/smallpox_vaccine.htm)

NIH-funded researchers said that the vaccine can be diluted at least five times and still provide protection. That means the stockpile could protect 77 million people
.
If an additional 70 million doses recently discovered by its manufacturer are bought by the government and diluted, there would be more than enough vaccine on the shelf to inoculate the entire U.S. population -- even before the delivery of an additional 155 million doses ordered by the Department of Health and Human Services to be manufactured by next year.

Alarm over the additional 70 million “discovered’ is understandable, looking at the history of the company that found them, Avantis, and their parent company- Bayer, formerly I.G. Farben (from http://www.corporatewatch.org.uk/newsletter/issue6/nl6_bayer_hazzard.html )

Bayer's history

In 1898 Bayer trademarked Heroin and in 1900 marketed it world-wide as a cough medicine.

In 1925 Bayer was one of the companies that merged to form IG Farben. During WWII IG Farben used forced labour in many of its factories. IG Farben subsidiary Degesch manufactured and sold Zyklon B, the poison gas used in the gas chambers. Bayer AG was one of 4 companies to be formed out of the assets of IG Farben in 1952.

Bayer has been implicated in the development of nerve agents including VX.

Bayer was one of the pharmaceutical companies who took the South African government to court for allowing the production of cheap generic versions of HIV drugs (I was arrested for the first time protesting this suit at Bayer’s Berkeley plant).

In the wake of the recent anthrax attacks, Bayer has raked in millions of dollars as the sole US manufacturer of Cipro, the antibiotic used to treat the disease. (Although Cipro is certainly not the only nor the best antibiotic available to treat anthrax.)

Earlier this year Bayer was forced to withdraw one of its leading pharmaceutical products - the anti cholesterol drug Baycol or Lipobay, which was linked to 31 deaths in the US.

In the early 1990's Bayer placed hundreds of UK patients at risk of potentially fatal infections by failing to disclose crucial safety information during a trial of the antibiotic Ciproxin. Up to 650 people underwent surgery using Ciproxin without doctors being informed that studies (as early as 1989) showed Ciproxin reacted badly with other drugs, seriously impairing its ability to kill bacteria.

In addition, according to http://www.tetrahedron.org/news/NR011112.html the smallpox vaccine's newly formed producers are Acambis (previously OraVax), partnered with Baxter and Aventis-created in 1999 by parent companies Hoechst and Rhone-Poulenc. All have jaded histories.

The "Big Three"-Bayer, Baxter, and Rhone-Poulenc are infamously known for having infected more than 7,000 American hemophiliacs with the AIDS virus during the early 1980s. They admitted foreknowledge in selling HIV-tainted blood clotting products and settled the class action case for $100,000 per claimant.

Bayer and Hoechst were formed following World War II from the "decartelization" of Germany's leading industrial organization and Nazi economic engine- I.G. Farben. The CIA immediately took over their vacated corporate headquarters which had curiously escaped allied bombings.

Historians explain that the Farben complex had been protected by officials of John D. Rockefeller's Standard Oil Company-half owner of the Farben cartel. Many believe that Rockefeller lawyer and Standard Oil business manager, Allen Dulles, the CIA's first director, military-command-protected Farben headquarters from allied bombings.

Soon after the CIA formed, Bayer and Hoechst were reorganized in 1951 under the direction of the Allied High Commission, largely influenced by U.S. High Commissioner John J. McCloy-a lawyer and banker from Philadelphia, with intimate ties to Rockefeller banking and oil interests.

Hermann Schmitz, president of Bayer A.G and I.G. Farben during WWII, who also largely directed the Deutsche Bank, "held as much stock in Standard Oil of New Jersey as did the Rockefellers," according to former CBS News war correspondent Paul Manning. Acknowledging CIA director Dulles for his information, Manning reported that on August 10, 1944, the Rockefeller-Farben partners moved their "flight capital" through affiliated German/French, American, British and Swiss banks "for the new Germany." This secured "the sophisticated distribution of national and corporate assets to safe havens" thoughout the world, and assured the continuation and further development of the "Neuordnung" (new order) for both the global petrochemical pharmaceutical industry and banking cartels.

From http://194.247.116.119/ :

The first Nuremberg tribunal in 1947 failed to punish the Organizers of the Holocaust.

The Second World War was not an accident of history, but a conquest war particularly of Eastern Europe organized by giant German corporations like IG Farben and others. Hitler was their political and military puppet. Telford Taylor, US-Chief Prosecutor at the 1947 Nuremberg War Tribunal against the managers of BAYER, BASF and HOECHST (IG Farben) stated:"These companies, not the lunatic Nazi fanatics, are the main war criminals. If the guilt of these criminals is not brought to daylight and if they are not punished, they will pose a much greater threat to the future peace of the world than Hitler if he were still alive."

These three companies were the 100% owners of IG Auschwitz, the largest industrial complex outside Germany. The concentration camp Auschwitz was nothing else than a forced labour camp for this company. Only 15 years after their conviction at the Nuremberg trials, these same companies were the architects of the next violation of human rights: the founding of the Codex Alimentarius commission in 1962. This awful phase of German history is inextricably bound up with one person: Fritz ter Meer, Board member of IG Farben from its foundation to its destruction, responsible for IG Auschwitz. During the Nuremberg trials Ter Meer testified that

"There was no harm done to the prisoners, because they were to be killed anyway."

In 1948 Ter Meer was sentenced to 7 years imprisonment charged with slavery and looting. He was released in 1952, from 1956-1964 he was chairman of the board of Bayer AG. In 1962 Ter Meer was one of the architects of the Codex Alimentarius commission, and thus, one of the main organizers of the next mass killing in the interest of profits.

The Codex Alimentarius Commission is determining what food may be produced and transported throughout the world. At the moment it is beginning to challenge the vitamin, herb and “alternative treatment” information which challenge the profits of the pharmaceutical industry.

Companies seem more interested in profits than the health and well being of people. When people and companies that specialize in warfare are given extraordinary powers to “treat” people during “emergencies.” One has to be concerned over the “stated and actual” purposes of the directing government.

Decades ago people were concerned over F.E.M.A. and the suspicious “concentration camps” built in the U.S. to harbour “dissidents. Under the new umbrella of “Homeland Defense” new laws are being created to provide for the “evacuation” of civilians to these “detention centers” in other states. Jim Rarey (at http://www.onlinejournal.com/Special_Reports/Rarey032002/rarey032002.html) explains how the new laws require other states to join into “compacts” however-

The U.S. Constitution, in Article I, states, "No State shall; without the Consent of the Congress. . . . enter into any Agreement or Compact with another State . . ."

Oops! Enter Hillary Clinton.

Senator Clinton, on November 28, 2001, introduced a bill (S.1737) to provide for homeland security block grants. Section 12 states, "The consent of the Congress is hereby given to any two or more States to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative effort and mutual assistance in support of homeland security planning and programs carried out under this Act as they pertain to interstate areas and to localities within such States, and to establish such agencies, joint or otherwise, as they may deem desirable for making such agreements and compacts effective."

Senator Clinton doesn't seem to be concerned about any conflict with the U.S. Constitution, only "laws of the United States." The cosponsors of the bill: Senators Dayton, Feinstein, Mikulkski, Stabenow, Durbin, Kerry and Schumer.

As of March 18 was still in the Judiciary Committee..

All kinds of unconstitutional laws are being rushed through the Congress and state legislatures in the name of fighting terrorism. However, it should be obvious that the advance planning in putting all these pieces together took place long before September 11 of last year. Suspicions rise even more when confronted with details about the strange, syncrhonicty of untimely deaths of the world’s top microbiologists, specializing in infectious disease.

Microbiologists around the world have been dying under suspicious circumstances in the past several months. Is there a correlation between these deaths and the possibility of a “bioterrorist attack,” potentially made in the USA, like tha last Anthrax scare? On November 12, 2001 DynCorp announced that its subsidiary, DynPort Vaccine, had been awarded a $322 million contract to develop, produce, test, and store FDA licensed vaccines for use by the Defense Department. DynCorp has been involved in criminal activities and its former chairman was until recently, Herbert Pug Winokur, who was the recent Chairman of the Enron Finance Committee. (Details on this subject can be found at Mike Ruppert’s website, in his article “A Career in Microbiology Can be Hazardous to Your Health” at http://www.copvcia.com/free/ww3/02_14_02_microbio.html).

Paranoid California? Can civil liberties survive a public health risk? By Tara Treasurefield (full article at http://www.metroactive.com/sonoma/health-0213.html)…

“Assembly Bill 1763's handling of those who refuse both quarantine and vaccination is also drastic. "They'll throw you in jail," says Dan Pellissier, Richman's chief of staff, and AB 1763 leaves it up to the Public Health Emergency Planning Commission to decide for how long.

“Addressing fears of vaccination, quarantine, and incarceration, Maddux-Gonzalez says, "The response to bioterrorism will be very specific to the infectious agent." Vaccinations and quarantines aren't always appropriate and, she says, "in some situations, we may be asking people to stay home."

“But for those who are seriously paranoid about the Emergency Health Powers Act, Howard Urnovitz, Ph.D., of Chronix Biomedical in Berkeley has an idea. "I am in Europe now," he writes, "trying to get citizenship here because of such nonsense."

The Assembly Health Services and Government Organization Committees will consider AB 1763 in April.”

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