The Blue State Conservative

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Navy Sailor: The Department Of Defense’s Vaccine Mandate Is Illegal

I am currently an active duty Navy sailor. On August 24th, 2021 the Secretary of Defense released a memorandum on the subject of “Mandatory Coronavirus Disease 2019 Vaccination of Department of Defense Service Members.”


The memo states:


“Service members are considered fully vaccinated two weeks after completing the second dose of a two-dose COVID-19 vaccine or two weeks after receiving a single dose of a one-dose vaccine. Those with previous COVID-19 infection are not considered fully vaccinated. Mandatory vaccination against COVID-19 will only use COVID-19 vaccines that receive full licensure from the Food and Drug Administration (FDA), in accordance with FDA-approved labeling and guidance. Service members voluntarily immunized with a COVID-19 vaccine under FDA Emergency Use Authorization or World Health Organization Emergency Use Listing in accordance with applicable dose requirements prior to, or after, the establishment of this policy are considered fully vaccinated.”


Medically, I believe we could challenge the fact that they aren’t accepting Naturally Immunity; however, this article is directly focused on the legality of this mandate.


Following this memorandum by the Secretary of Defense, the Navy released its own administrative message titled, “2021-2022 Navy Mandatory COVID-19 Vaccination and Reporting Policy.” This message echoes the same words:


“In accordance with references (a), (b), and this NAVADMIN, Navy service members will be fully vaccinated against COVID-19 through administration of vaccines that have received Food and Drug Administration (FDA) licensure or through the voluntary administration of vaccines under FDA Emergency Use Authorization (EUA) or World Health Organization (WHO) Emergency Use Listing.”


The message continues to say:


“This NAVADMIN constitutes a lawful order. Refusal to be fully vaccinated against COVID-19, absent an approved exemption, will constitute a failure to obey a lawful order and is punishable under the Uniform Code of Military Justice and/or may result in administrative action. Adjudication will be in accordance with paragraph 3.e.(5) below. Prior to receiving the COVID-19 vaccine, Navy service members will have access to healthcare providers to address questions regarding the risks of COVID-19 and the benefits of COVID-19 vaccination.”


The key phrase in both these messages is that members are directed to be “fully vaccinated against COVID-19 through administration of vaccines that have received Food and Drug Administration (FDA) licensure or through the voluntary administration of vaccines under FDA Emergency Use Authorization (EUA).”


My concern is that currently, and to the best of my knowledge, nowhere in the United States does the FDA-approved Pfizer “COMIRNATY” vaccine exist. I understand that the Pfizer EUA vaccine and COMIRNATY have the same ingredients. Legally, though they are different. Dr. Robert Malone voiced a similar concern. It seems the FDA understands this issue because if you read the Fact Sheet For Healthcare Providers Administering Vaccine (Vaccination Providers), Emergency Use Authorization (EUA) Of The Pfizer-BioNTech COVID-19 Vaccine To Prevent Coronavirus Disease 2019 (COVID-19) sheet (Revised 23 August 2021) it states that:


“The FDA-approved COMIRNATY (COVID-19 Vaccine, mRNA) and the EUA-authorized Pfizer-BioNTech COVID-19 Vaccine have the same formulation and can be used interchangeably to provide the COVID-19 vaccination series.”


At the end of this paragraph it refers the reader to footnote 1. Footnote 1 states:

“The licensed vaccine has the same formulation as the EUA-authorized vaccine and the products can be used interchangeably to provide the vaccination series without presenting any safety or effectiveness concerns. The products are legally distinct with certain differences that do not impact safety or effectiveness.”


The important statement is that the FDA is acknowledging that the vaccines are legally distinct.  Currently, the military cannot be forced to take an EUA COVID-19 vaccine. That can only happen if President Biden signs an executive order mandating military members to take an EUA product.


On the first week of the mandate, our entire base did a vaccine drive for all unvaccinated members. I assume this happened, or is happening, everywhere at all bases. We were ordered there by our Commanding Officers. Those of us that refused had to sign a counseling sheet. 


I believe that this order is unlawful because none of the vaccines administered were the COMIRNATY vaccine. Our medical doctors present stated that there was no legal issue because the vaccines have the same formulation. I believe that is false. The FDA even seems to agree. I believe this was an unlawful coercion tactic to force vaccination of military members with existing EUA products. Neither the Navy, nor the Secretary of Defense, can mandate an EUA vaccine. That can only come from the President.


The fact that the FDA sheet even states that the products are legally distinct makes me believe that for this order to be lawful, every member must be given the opportunity to receive a vaccine with the label COMIRNATY.


It is hard to believe everyone is accepting this at face value and not reading into the facts. I don’t think it is too much to ask for clarification, but when high ranking Navy doctors and COs only regurgitate what they are told, the entire premise that the military creates leaders starts to fall apart. Much like Lt Col. Scheller requested (and if you don’t know about that, please look it up), I ask for accountability and honesty. It seems those things fall short on the priority list for the military these days.

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9 thoughts on “Navy Sailor: The Department Of Defense’s Vaccine Mandate Is Illegal

  1. even if Presidunce Biden issues an EO it is still illegal under US and international law to force someone to take an experimental drug. To include threats of monetary or other loss or punishment amounts to clear case of extortion.

  2. Our military used to be so great, so honorable. But now it is rotting from the top, downward. Generals, like that 3 star fool woman who couldn’t even tell the difference between American & UK grunts, who had no idea what she was talking about. They are political appointees, nothing more. I bet she couldn’t even take apart & reassemble a simple rifle. Instead she’d probably throw up her hands & say something like ‘ooooh, I’m not touching that thing, it hurts my feewings to touch it & its racist.’ Are there ANY real military men & women left? Seems less & less sadly. They were our last hope & now are turning into our future oppressors , and worse..

  3. Our military used to be so great, so honorable. But now it is rotting from the top, downward. Generals, like that 3 star fool woman who couldn’t even tell the difference between American & UK grunts, who had no idea what she was talking about. They are political appointees, nothing more. I bet she couldn’t even take apart & reassemble a simple rifle. Instead she’d probably throw up her hands & say something like ‘ooooh, I’m not touching that thing, it hurts my feewings to touch it & its racist.’ Are there ANY real military men & women left? Seems less & less sadly. They were our last hope & now are turning into our future oppressors , and worse..

  4. Really this has already been decided in a forced blood draw case before the supreme court. It was upheld in a 5-4 majority that you cannot stick a needle into someone’s arm, lacking an emergency/exigency government compelled interest or a search warrant based on probable cause. based on the Laws standard of “emergency”, Covid comes no where close.

    MISSOURI v. MCNEELY CERTIORARI TO THE SUPREME COURT OF MISSOURI No. 11–1425. Argued January 9, 2013—Decided April 17, 2013

    “this Court has never retreated from its recognition that any compelled intrusion into the human body implicates significant, constitutionally protected privacy interests”

    “in this case, which involved a compelled physical intrusion beneath McNeely’s skin and into his veins to obtain a sample of his blood for use as evidence in a criminal investigation. Such an invasion of bodily integrity implicates an individual’s “most personal and deep-rooted expectations of privacy.”

    “Noting that “search warrants are ordinarily required for searches of dwellings,” we reasoned that “absent an emergency, no less could be required where intrusions into the human body are concerned,”

    The scotus has defined an exigency to bypass probable cause and the search warrant requirement in the below recent unanimous ruling. It stares that death or injury must be imminent.

    SUPREME COURT OF THE UNITED STATES No. 20–157 EDWARD A. CANIGLIA, PETITIONER v. ROBERT F. STROM, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT [May 17, 2021]
    Emergency to by pass the warrant process is defined as “to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.’”

    The only imminent injury is from the jab.

    Anyways, Ron

  5. Until more people, and I mean the vast majority of Americans, demand accountability and honesty from their government this problem will continue to get worse.

  6. It is educational to note that the doctors in NAZI Germany after the close of hostilities, were prosecuted and found guilty by the Nuremburg Court for forcing German citizens to undergo medical procedures including injections and vaccinations without explicit consent by the aforementioned citizenry. Where are our lawyers who have sworn to uphold international law? MIA every one. This is the face of tyranny. Rise up American patriots and spill the blood of tyrants, as per Thomas Jefferson, whom we hold dear. Traitors deserve death by firing squad.

  7. ‘Why did the medical squadron personnel not care at all that I’d been allowed to deploy without having completed the series?
    The answer: money.

    Bingo. There is the truth of it with one addition, Power. That is the driving force behind all this tyranny coming from the admin of 46, money and power forever is ultimate goal. Hence, the leftist push for federalized elections.

  8. Before I deployed to support Operation Southern Watch in 2000, I was told I needed to receive the Anthrax vaccine – a series of 6 shots over a few months. All deploying service members were ordered to receive the Anthrax vaccine due to rumors that opposing forces might use Anthrax as a bioweapon, even though not a single case of Anthrax being used as a bioweapon in that theater had ever been reported or identified. At the time, there was great opposition to the use of Anthrax vaccines for service members because the vaccines were not proven to be effective against all strains, and up until that time (late 90’s) only veterinarians, and others working around farm animals, had ever received an Anthrax vaccine series. The long term effects of this vaccine – BioThrax – were not well known, and there was no supported justification for tens of thousands of service members to receive it. I explored my legal options, but in the end I was told I had no choice. I received two of the shots before deploying, planning to receive the final four once in theater.

    After arrival, I sought out the vaccine in theater only to be told that they did not have it there, and that I should have received all of my shots within CONUS before leaving. At that point, medical squadron personnel basically told me, “Oh, well.” I never heard anything more about it, and no “UCMJ charges for violating a lawful order” ever followed. Not even a whisper.

    If the threat of Anthrax was so real and so likely to require all deploying service members to get the vaccine, why was there no vaccine located in theater? And if it was so important to get it, why did the medical squadron personnel not care at all that I’d been allowed to deploy without having completed the series?

    The answer: money.

    This wasn’t about any threat of Anthrax being used as a bioweapon. This was all about generating revenue for BioPort, a subsidiary of Emergent BioSolutions, Inc.

    The military’s Anthrax vaccine program was eventually cancelled, but not until June of 2008.

    More details about the BioThrax fiasco can be found at https://en.wikipedia.org/wiki/Anthrax_Vaccine_Immunization_Program.

    The moral of my story: we can’t trust any of them.

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