A. Plaintiffs, known as AA, BB and CC, #1 through #X, bring this action on behalf of themselves and all other similarly situated individuals, against the Defendants President Barack Obama, President of the United States, David Nabarro, UN System Coordinator for Influenza, Margaret Chan, Director-General of World Health Organisation, Kathleen Sibelius, Secretary of Department of Health and Human Services (HHS), Secretary Janet Napolitano, the Department of Homeland Security, and Dr. Margaret Hamburg, newly confirmed Commissioner, Food and Drug Administration, seeking temporary and permanent injunctive relief from the government, UN?s, WHO?s, DHS's and HHS?s swine flu and other pandemic flu vaccination or other medication programs, as well as a declaratory judgment that those provisions of The Model State Emergency Health Powers Act, the National Emergency Act, NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51 and HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-20, International Partnership on Avian and Pandemic Influenza, or any other presidential waiver or directive or international law or act that abolishes or modifies the primacy of the US Preamble, Constitution and Bill of Rights, and restricts the civic rights assigned to citizens thereby, including military personnel, to refuse a vaccination, classified as a bioweapon by the government?s own definition, and is being administered to United States federal employees is in violation of federal law. Plaintiffs seek this relief pursuant to the Administrative Procedures Act, 5 U.S.C. ? 551, et seq., the Federal Declaratory Judgment Act, 28 U.S.C. ? 2201 and the All Writs Act, 28 U.S.C. ? 1651.
1. Plaintiffs are citizens of the United States of America, and will be imminently ordered to submit to untested ?swine flu? and other similar pandemic vaccines including ?bird flu?, which are classified by the US government as bioweapons, without their consent pursuant to the Model State Emergency Health Powers Act, National Emergency Act, NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51 and HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-20, and the International Partnership on Avian and Pandemic Influenza after the World Health Organisation declared a pandemic level 6 on June 11th. Plaintiffs expect President Obama to impose martial law and deploy FEMA and the Department of Homeland Security "Pandemic Task Forces" any hour now that WHO has declared an official pandemic level 6. They expect their State Governor to be imminently notified that the provisions of the Model State Emergency Health Powers Act (MSEHPA) will be implemented in their state. Provisions therein mean that Americans must consent to mass vaccinations or forced relocation to a prepared ?quarantine compound?, or be guilty of a felony crime. Similarly situated individuals including everyone whose current residence is the United States of America, who have been ordered, or will imminently be ordered, to take the vaccinations, classified by the US government as bioweapons, in the event of a pandemic level 6 being declared by the World Health Organisation in Geneva or on another government declaration.
2. Defendant President Barack Obama, who as part of his Office, will oversee the implementation of the International Partnership on Avian and Pandemic Influenza, which would give primacy to the World Health Organisation (WHO) and United Nations over US law and government agencies in the event of a pandemic being declared. President Obama has also requested a $1.5 billion emergency appropriation to deal with swine flu, including development of a vaccine.
3. Defandant David Nabarro, who as Senior U.N. system influenza coordinator will implement an emergency response plan in the event of a declared pandemic on US territoriy operating through authorities under the WTO, North American Free Trade Agreement and the U.N. Food and Agriculture Organization, and taking precedence over US government agencies and law.
4. Defandant WHO, the organisation responsible for coordinating the global response, including the US response, to the ?swine flu? and other pandemics.
5. Defendant HHS is in the process of working with vaccine manufacturers to facilitate production of pilot vaccine lots for both H5N1 and H9N2 strains as well as contracting for the manufacturing of H5N1 vaccine. The HHS recently awarded contracts to Novartis AG worth $289 million; Sanofi Aventis SA for $191 million, and GlaxoSmithKline PLC for $181 million to produce H1N1 vaccine ingredients. HHS said it is also talking to additional manufacturers to find more capacity.
6. Defendant DHS has prepared pandemic flu guidelines, including the National Strategy To Safeguard Against The Danger Of Pandemic Influenza (White House) and will coordinate between government officials and the public health, medical, veterinary, and law enforcement communities, as well as the private sector in the event of a declared pandemic.
7. Defendant Department of Health and Human Services (?HHS?) through its agent, Defendant Food and Drug Administration (?FDA?), is the federal agency responsible for licensing and quality control of drugs and biologic products, such as ?swine flu? and other pandemic vaccines.
8. The FDA is responsible for promulgating federal regulations that describe what makes a drug or vaccine an ?IND? and how a drug is placed in IND status.
JURISDICTION AND VENUE
9. There is a legitimate matter in controversy between the named parties because Plaintiffs claim that any pandemic flu vaccine is a) classed as a ?bioweapon? according to the US government?s own documents (see Attachment 1), b) the vaccine companies tasked with producing the vaccine have been involved in the activities of the type typical of bioweapons, including developing weapnized viruses, releasing them into the general public (Baxter, Austria), deliberate contamination of vaccines resulting in death and injury and designing trials of vaccine to cause death and injury (Novartis) and there is a high probability the vaccines will be cause injury or death, and c) the government is acting unconstituutionally and illegally in compelling them to take an injection of a substance classified as bioweapon d) in criminalising a refusal, and e) in waiving their right to claim compensation in the event of injury or damage, and f) by misusing them as ?vectors? to spread the pandemic because the act of mass vaccination, that is to say, forced injections of of toxins under guise of offering prophylactic treatment into the population is the process, which will itself allow the virus to mutate and release a fully weaponized virus.
10. Plaintiffs will suffer substantial and irreparable injury if they are forced to take the unproven vaccine, classified as a bioweapon by the government?s own definition, and cite the fact that the government has introduced legislation to bar from financial compensation or legal redress in violation of Constitutional law as evidence of the government?s intent.
11. In the event of a pandemic level 6 being declared, the Plaintiffs will also loose their civic rights guaranteeed by the Preamble, Constitution and Bill of Rights and will find themselves under a ?foreign? government with the UN and WHO in control.
12. Plaintiffs note a court case brought in the 1970's against vaccination by Ida Honorof and Eleanor McBean was dismised by the judge on the grounds that they would only have standing if they ?took a shot and dropped dead?. Plaintiffs contend that if they are killed as a result of a vaccination injection, they will not be alive to claim standing, so making their right to standing de facto null and void, and any such judgement illegal.
13. Jurisdiction is proper in this Court under the Administrative Procedures Act, 5 U.S.C.
? 702, and under 28 U.S.C. ? 2201, which states that actions involving controversies with federal agencies may be pursued in any United States District Court, and under 28 U.S.C. ?? 1331 and
14. Jurisdiction on infectious diseases is proper to this Court.
15. Jurisdiction on the development, production, and stockpiling of biological and toxin weapons is proper to this court.
A Factual Background
I. Timeline; outline of events and relevant facts
A. The Model State Emergency Health Powers Act, the NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51 and HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-20 and other laws.
1. The Model State Emergency Health Powers Act adopted in 38 States makes it a misdemeanor to a felony to refuse to take a vaccine mandated by the federal government and/or other affiliated bodies if the government officially declares a pandemic. Law enforcement officers are allowed to use deadly force against felony suspects.
For the specific versions of that Act enacted in each individual state.
2. The "Model State Emergency Heath Powers Act" allows the Government to seize and/or quarantine a town and all the people within it.
3. Once a town is quarantined, the government is allowed to seize all property and seize the rights of the people to resist government i.e. confiscating all civilian owned firearms.
4. People who suffer death or injury as a result of a government-mandated vaccine will be barred from seeking compensation under provisions of the laws and acts.
5. Section 63, Vaccination and Treatment of The Model State Emergency Health Powers Act, A Checklist of Issues, indicates those unwilling to submit to a vaccine will be subject to isolation or quarantine. http://www.ncsl.org/programs/health/modelact.pdf
8. Under the National Emergency Act, the President "may seize property, organize and control the means of production, seize commodities, assign military forces abroad, institute martial law, seize and control all transportation and communication, regulate the operation of private enterprise, restrict travel, and, in a variety of ways, control the lives of United States citizens."
9. NSPD-51/ HSPD-20 have created the position of National Continuity Coordinator without any specific act of Congress authorizing the position.
10. NSPD-51/ HSPD-20 appears to negate any a requirement that the President submit to Congress a determination that a national emergency exists, suggesting instead that the powers of the executive order can be implemented without any congressional approval or oversight. http://www.dhs.gov/xabout/laws/gc_1219263961449.shtm#1
11. NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51 and HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-20 allows the governors in each state to suspend the government and law and, among other things, confiscate and destroy facilities and resources in the interest of the public health without compensation to the owners, per Article IV Section 402(a). The State Legislatures are barred from intervening for a period of 60 days.
12. Any physician or other health care provider who refuses to perform medical examination or vaccinations as directed shall be liable for delicensure and the inability to continue to practice in the State.
13. the Act criminalizes refusal of medical treatment, making citizens liable for a misdemeanor if they refuse mandatory vaccines, per Article V Section 504(b). The Act gives the public health authority the right to isolate or quarantine a person on an ex parte court order, with no hearing for at least 72 hours. If the public health authority decides that an unvaccinated person is a risk to others, even if uninfected, he could be quarantined, per Article V Section 503(e).
14. The Act removes the States accountability for harm or deaths resulting from mandatory vaccines citing the state immunity clause: "Neither the State, its political subdivisions, nor, except in cases of gross negligence or willful misconduct, the Governor, the public health authority, or any other State official referenced in this Act, is liable for the death of or any injury to persons, or damage to property, as a result of complying with or attempting to comply with this Act or any rule or regulations promulgated pursuant to this Act," per Article VIII Section 804.
15. President Bush announced a new International Partnership on Avian and Pandemic Influenza to a High-Level Plenary Meeting of the U.N. General Assembly, in New York on Sept. 14, 2005. The 2005 plan, operative until Bush announced the International Partnership on Avian and Pandemic Influenza, directed the State Department to work with the WHO and U.N.
16. The Security and Prosperity Partnership of North America Summit in Canada released a plan that establishes U.N. law along with regulations by the World Trade Organization and World Health Organization as supreme over U.S. law during a pandemic and sets the stage for militarizing the management of continental health emergencies.
17. the SPP plan gives primacy for avian and pandemic influenza management to plans developed by the WHO, WTO, U.N. and NAFTA directives ? not to decisions made by U.S. agencies.
18. the U.S. Northern Command, or NORTHCOM, has created a web page dedicated to avian flu and has been running exercises in preparation for the possible use of U.S. military forces in a continental domestic emergency involving avian flu or pandemic influenza.
19. All 194 nation-states (members of U.N.) had until June 2007 to implement the WHO revised International Health Regulations (IHR) -- revised in 2005, which included passage of legislation empowering state surveillance and monitoring of their citizens under the guise of a potential worldwide pandemic (smallpox, polio, SARS or human cases of new strains of influenza). Stockpiling specific vaccines and anti-viral medications are part of compliance with IHR.
20. The U.N.-WHO-WTO-NAFTA plan advanced by SPP features a prominent role for the U.N. system influenza coordinator as a central international director in the case of a North American avian flu or pandemic influenza outbreak.
21. in Sept. 2005, Dr. David Nabarro was appointed the first U.N. system influenza coordinator, a position which also places him as a senior policy adviser to the U.N. director-general. Nabarro joined the WHO in 1999 and was appointed WHO executive director of sustainable development and health environments in July 2002.
22. In a Sept. 29, 2005, press conference at the U.N., Nabarro made clear that his job was to prepare for the H5N1 virus, known as the avian flu.
He quantified the deaths he expected as follows: "I'm not, at the moment at liberty to give you a prediction on numbers, but I just want to stress, that, let's say, the range of deaths could be anything from 5 to 150 million."
23. The National Security and Homeland Security Presidential Directive, signed on May 9, 2007 declares that in the event of a ?catastrophic event?, George W. Bush can become what is best described as "a dictator":
"The President shall lead the activities of the Federal Government for ensuring constitutional government."
This directive gives the White House unprecedented dictatorial power over the government and the country, bypassing the US Congress and obliterating the separation of powers. The directive also placed the Secretary of Homeland Security in charge of domestic ?security?.
?(1) this directive establishes a comprehensive national policy on the continuity of Federal Government structures and operations and a single National Continuity Coordinator responsible for coordinating the development and implementation of Federal continuity policies. This policy establishes "National Essential Functions," prescribes continuity requirements for all executive departments and agencies, and provides guidance for State, local, territorial, and tribal governments, and private sector organizations in order to ensure a comprehensive and integrated national continuity program that will enhance the credibility of our national security posture and enable a more rapid and effective response to and recovery from a national emergency.
24.(b) "Catastrophic Emergency" means any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions.?
B. World Health Organization (WHO) and U.N.
25. The World Health Organization (WHO) is a specialized agency of the United Nations (UN) that acts as a coordinating authority on international public health. Established on 7 April 1948, and headquartered in Geneva, Switzerland, the agency inherited the mandate and resources of its predecessor, the Health Organization, which had been an agency of the League of Nations.
26. The WHO's constitution states that its objective "is the attainment by all peoples of the highest possible level of health."
27. The WHO and UN will become the controlling agencies in the US in the event of a declared pandemic level 6.
28. The World Health Organization (WHO) has developed a global influenza preparedness plan, which defines the stages of a pandemic, outlines WHO's role and makes recommendations for national measures before and during a pandemic. http://www.scribd.com/doc/16855944/Injunction-Mass-Vaccinations1