Representative Mark Green (R-TN) said that if Defense Secretary Lloyd Austin forces American troops to get vaccinated before they are approved by the FDA – remember, all COVID vaccines are still experimental – it would be against the law.
The congressman sent a letter to Austin warning him against taking that action.
“I wrote the letter because of a concern that the executive branch is somehow going to operate outside of the laws written by Congress. And they can’t just decide that they’re going to disregard the law,” said Green, who is himself an Army combat veteran and a physician.
“It’s time for Congress to stand up to the executive branch’s abuse and violation of the law. And so I wrote the letter basically to say this is an illegal act and the courts have supported the law,” he added.
If the Defense Secretary tries to go for a presidential waiver to mandate vaccinations before FDA approval, the Tennessee congressman said he can only do so if the service member’s participation involved a “particular military operation,” noting 10 USC § 1107, which states:
(3)The Secretary of Defense may request the President to waive the prior consent requirement with respect to the administration of an investigational new drug or a drug unapproved for its applied use to a member of the armed forces in connection with the member’s participation in a particular military operation.
“Right now what they’re talking about — a blanket mandate for all of DOD — is not in accordance with the law,” Green said. “If you just excuse the executive branch breaking the law, then what’s next?”
He continued, “That was the whole point of the way our nation built the military and made it second to the civilian control and the laws of the land so that we wouldn’t have the president, through his military, act outside of the laws written by Congress. It just goes to the very foundation of who we are as a country. You can’t break the laws as the secretary of defense. That’s going down a path that we can’t go down as a country.”
Austin is a radical leftist lunatic in my opinion, probably the worst choice for his position. On Wednesday, it was reported by CNN and Fox News that Austin was sending a recommendation to President Biden to make vaccines mandatory for members of the military on top of other mandatory vaccines. The Biden administration could announce this coming week.
Green sent his letter to Austin Friday morning in the hopes of heading off the action. If the reports are correct, it may have actually worked. The congressman said as of Friday afternoon the president did not give an order to military commanders.
Green wrote to Austin in his letter:
The law of the United States is clear. Mandatory vaccination is illegal for military personnel prior to complete approval (Doe v. Rumsfeld, 341 F. Supp. 2d 1 (D.D.C. 2004). This has not occurred and could be another several months away.
As long as the vaccine is authorized under an Emergency Use Authorization, the Department of Defense does not have the authority to implement such an order. Servicemembers who do not wish to receive the vaccine cannot be required until the approval process is completed. Any action to require it is illegal. The Secretary of Defense is not above the law. The courts concurred.
I led 15 Members of Congress in making it clear to @SecDef: The military vaccine mandate he is considering is illegal. No servicemember can be required to take a vaccine that is only authorized under emergency use. https://t.co/XyhgFfGBQi
— Rep. Mark Green (@RepMarkGreen) August 6, 2021
I’d like to add to that Title 21, Section 360bbb-3 says that no employer, including the federal government, can force employees to get a vaccine that is under Emergency Use Authorization.
Title 21, Section 360bbb-3 of the Federal Food, Drug, and Cosmetic Act (the “FD&C Act”) vests the Secretary of Health and Human Services with the permissive authority to grant Emergency Use Authorizations (“EUAs”) providing that appropriate conditions designed to ensure that individuals to whom the product is administered are informed: [emphasis added]
1. that the Secretary has authorized the emergency use of the product;
2. of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and
3. of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks. [emphasis added]
Fifteen Republicans joined Green in signing the letter. I cannot believe it was only 15. Those who have the backbone to sign include Representatives Stephanie Bice (OK), Jack Bergman (MI), Warren Davidson (OH), Barry Moore (AL), Jim Baird (IN), Mariannette Miller-Meeks (IA), Scott DesJarlais (TN), Buddy Carter (GA), Michael Burgess (TX), Claudia Tenney (NY), Brian Babin (TX), Greg Murphy (NC), Randy Weber (TX), Michael Guest (MS), and Dan Bishop (NC). At least five are physicians, including Green.
Folks, we are talking about some sci-fi horror movie stuff. The Biden administration has already broken so many of our laws and the mainstream media won’t ever talk about it because Joe Biden is not Donald Trump.
Speaking as a doctor, Green said that the COVID vaccines are just like any other vaccine out there with benefits and risks. He recommends getting it for his older patients where the risk of getting it is greater than the risk from vaccines. “So, I say people should get the vaccine, but, it’s a risk-benefit analysis that should be made between the patient and the doctor,” he said.
Green said besides him, other members of Congress have been getting phone calls for weeks about the harassment of troops to get vaccinated. He said when word went out that Austin was going to recommend to Biden to make vaccinations mandatory for military personnel, people “all over the military were calling us and emailing us and calling our office.”
He said it is illegal for any harassment to get vaccinated before the vaccines are FDA approved or made legally mandatory.
“No harassment can be happening right now, none at all. And if it is, it’s illegal,” he said.
This is Dr. Mengele-like stuff where not only is the government wanting to force people to have medicine injected into their bodies against their will, but the medicine is experimental. And knowing this lawless administration, they will force the FDA to approve all the COVID vaccines in less than a month’s time and that’s when the order to make it mandatory for all Americans will be given. And I wonder if the leftist Biden supporters at that point will still believe we live in a free country.
The rest of the world is fighting back against their governments. Here are protesters in Italy shouting Liberta! Liberta! Liberta!, meaning Liberty! Liberty! Liberty!
Fully-vaccinated protesters in Italy are burning their vaccine passes in a powerful display of solidarity against the tying of civil liberties to vaccination status.pic.twitter.com/HMeyaeHMUo
— Michael P Senger (@MichaelPSenger) August 7, 2021
Americans need to step it up and start voicing their own concerns. Despite all the hype trashing conservatives over January 6, you still have the right to protest against the government for grievances like forcing vaccines on American citizens who don’t want them. Call your representatives who aren’t listed above and tell them you are against mandatory vaccinations.
Rich is a conservative, syndicated opinion writer and owner of MAGA-Chat.com. He writes about politics, culture, liberty, and faith.
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