Bob Orleck: Can Gov. Scott legally mandate vaccination for state employees?

This commentary is by Bob Orleck, a retired pharmacist and former Vermont assistant attorney general under Vermont Attorney General Jerome Diamond.

In what appears to me to be a knee-jerk reaction by our governor to the news about the three Vermont State Police officers alleged role in producing fake vaccination cards, he has issued an order that all state employees must undergo vaccination by Sept. 15 or be required to mask and be tested as a condition of their employment.

Since the only available vaccines are not FDA approved, the test results are unreliable, and masks don’t really do anything to protect anyone, can he legally do this? The vaccines and the PCR test are both being marketed under an Emergency Authorization Utilization (EUA), the mandating of which, since they are experimental, cannot be mandated as a condition of employment. In addition, the EUA for the PCR test, the supposed gold standard in diagnosing COVID-19 but which has resulted in so many “false positives” and flawed data, is being withdrawn from the market as of December 21st by the FDA.

state of Vermont

Orleck: “I would imagine these state troopers feel the current harassment “vaccination or else” atmosphere is a threat to their health and even their lives. Self-defense? I say yes! No charges! Two weeks suspension without pay and then reinstatement.”

Many questions come to my mind for our governor. Where does his authority come from for such an order? Why now? Does his order have anything to do with the action of the three officers? Did he order all state employees to be jabbed because of the recent FDA approval of the Pfizer Comirnaty vaccine? Does he believe the FDA approval converts the EUA of the Pfizer-BioNTech vaccine to an approved product? Has he planned for the state employees to receive the approved Comirnaty instead of the currently used EUA approved product? What will happen if the employee refuses? Is he aware that the currently used EUA approved vaccine does not protect injured users by allowing them to sue the drug company whereas the fully FDA approved Comirnaty vaccine does permit recovery for damages from injuries and death caused by it? Does the governor believe that the FDA approval of Comirnaty to be approval of the currently used Pfizer/BioNTech product? Does the governor believe it is legal for him to order a non-FDA approved vaccine as a condition of employment? Is the Comirnaty vaccine being produced and available for use by Sept. 15?

It has been just a little over two weeks since the U.S. Food and Drug Administration granted FDA approval to Pfizer’s COVID-19 vaccine, to be sold under the brand name “Comirnaty,” and people, including our governor, have been misled by the FDA and the drug companies in believing that there is an approved vaccine on the market, can be used, and since FDA approved, they can order employees to take it or lose their job. That is not so! Comirnaty is the approved vaccine and not the currently used Pfizer BioNTech product which, by the FDA’s own words will “continue to be marketed under the EUA, not under the new FDA full approval of Comirnaty. For that reason, since Comirnaty is and probably will not be available for quite some time, the governor’s actions are illegal.

It may be that the FDA has said the products can be used interchangeably, but they are wrong. The law is for them to follow and the Congress to change. These are two legally distinct products, and the FDA cannot make up the application of the law to allow one to be used as if it were the other. Robert F. Kennedy Jr. in an article in “The Defender” said it clearly:

There is a huge real-world difference between products approved under EUA compared with those the FDA has fully licensed. EUA products are experimental under U.S. law. Both the Nuremberg Code and federal regulations provide that no one can force a human being to participate in this experiment. Under 21 U.S. Code Sec. 360bbb-3(d)(1)(A)(ii)(III), “authorization for medical products for use in emergencies,” it is unlawful to deny someone a job or an education because they refuse to be an experimental subject. Instead, potential recipients have an absolute right to refuse EUA vaccines.

I believe there is little chance that Pfizer will even produce the product unless they are granted indemnity and that would have to come from the Congress and how long will that take? So, if you are forced to get the shot, ask to see what is on the label on the vial being used. If it doesn’t say “Comirnaty” then maybe you should be asking some hard questions yourself or see the head of your union or better yet, a lawyer.

Now back to our police officers. Knowing what we know at this point, as a prosecutor, I believe I would exercise my prosecutorial discretion and not charge them. If their motive is what I believe it might be, that they were trying to keep their job and protect their health, I might liken that to a “self-defense” approach to their job. After all, if some criminal tries to kill or hurt them, the officer can use lethal force without liability. This is so much less than that and I can relate to their concerns since the information coming from many medical people and even the CDC reporting system, VAERS, there are very serious side effects and numerous deaths being associated with these vaccines.

I would imagine these state troopers feel the current harassment “vaccination or else” atmosphere is a threat to their health and even their lives. Self-defense? I say yes! No charges! Two weeks suspension without pay and then reinstatement. Now that’s a decision by our governor that fair people could get behind.

Image courtesy of state of Vermont

31 thoughts on “Bob Orleck: Can Gov. Scott legally mandate vaccination for state employees?

  1. Additionally, the EUA is illegal when there is a safer alternative. Ivermectin has been proven through 60 plus trials, 30 of which are double blind. The coverup and attack on Ivermectin is fraudulent given its proven track record. We do not need Vaxes, the ivermectin is safer and more applicable and cheaper. The Governor has broken the public trust not to bring it forward, and the EUA is illegitimate. Thank you for pointing the difference in this article too Bob!

  2. Thanks Bob! In all of this we need to look for consistency and we are not finding that in any health respect. It is about control. Phil Scott is a useful idiot in this effort to take down our nation. He is not part of them, but just has no clue what is really going on.

    I am not qualified to know if the vaccines are good or bad, even with their essentially not being tested. But what I do know is the difference between liberty and tyranny and so I am thinking the best thing I can do is battle against tyranny by resisting every tyrannical mandate I can, whether it is in my best interests or not, because the bigger issue than my health is to stop this move toward tyranny for my children. There is a long line of Americans that have sacrificed their well-being to fight against tyranny, starting in the latter 1700s.

  3. Thanks Brian and I only am replying because so many people have been deceived by the way the full FDA approval of Comirnaty has been rolled out and so, emphasis is needed.

    The Pfizer-BioNTech product being used today is NOT fully FDA approved and is still being marketed as an experimental drug under the Emergency Utilization Authorization (EUA) provisions of the FDA. Actions to force employees to take the jab as a condition of their employment is illegal.

  4. From the Adirondack Daily Enterprise:
    https://www.adirondackdailyenterprise.com/news/local-news/2021/09/after-two-deadly-breakthrough-cases-health-officials-underscore-vaccine-importance/

    “Two of the three people who died from COVID-19 in Franklin and Essex counties this week were vaccinated. These were the first local people known to have died from COVID-19 after getting immunized.

    Public health officials say older adults, even those who are immunized, remain at higher risk of serious illness or death from COVID-19. The two vaccinated people who died this week were both elderly.”

    So the Vax’ed people out there are dying at double the rate of unVax’ed.. The jab didn’t protect them or make the symptoms less serious..

    And it’s a pretty well known fact only 10 percent of cases are entered into the Vaers Report a more concise report can be found at AmericasFrontlineDoctors.

  5. Bob, He does what ever the United Nations tell him to do. They don’t care about countries independence, peoples freedoms or laws either. Doesn’t matter that your natural immunity may be 20x better than some “vaccine” that’s not a vaccine and apparently isn’t doing people much good. Science, laws can’t stay in the way of propaganda and the NWO……they want everyone to fall in line.

    Of course they won’t talk about how a normal flu takes out 88 people a year in Vermont, nor that all the covid infections folllow a perfect graph of the vaccinations…..what???? Yeah, they won’t talk about that.

    All you can eat propaganda.

    Look how long it’s finally taken to expose Shumlin covering up for EB5!!! Have they gotten past the statutes of limitations? Our state is so corrupt…are we ahead or behind Washington D.C? Are we Sodom or Gommorah?

    Not all is as it seems in our lovely Green Mountain State….

  6. Political needs, as of today have overcome individual rights. The United States of America is at least temporarily, no longer a Constitutional Republic. biden’s action today instituting these mandates have crushed the Constitution and Bill of Rights in a mere 7 months.
    Scott’s action, while deplorable pales in comparison. If allowed to stand, biden’s action will force this nation on a path similar to Australia, New Zealand and Canada culminating In anarchy. Things we once thought required a tin-foil hat to believe are now Executive orders.
    Because of a virus we paid to have created. God Help Us, for we seem unable to help ourselves.

    • “Needs”? Like politics are a living thing?
      Politics by its very nature is one big LIE – it doesn’t actually exist. Built on assumptions made up by those who profit from making us believe they are real – which we then finance, support, and actually sacrifice our energy on. Slurp, slurp, slurp… those suckers love that gift.
      People acting as if politics are real is what got us.
      Compliance – what we accepted – is what we are getting.
      And we deserve it. We are living in diapers still, and have a LONG way to go to grow into the magnificent Spiritual Beings we always have been.
      Politics based on lie is evil.
      LIVING with one another, and finding living solutions WITH one another and not giving away our power to Daddy who knows best is the only way to not just survive this b.s., but how we build a new world in spite of them, and without them.
      They only exist at all because we pay attention to them.
      Put your energy towards what you actually want and stop compromising.
      Walk in your Truth.
      You’re among good and real and authentic people.
      We’re out here.

  7. Our illegitimately elected administration says her Phil, hold my beer:

    https://www.documentcloud.org/documents/21060150-embargoed-path-out-of-the-pandemic-potus-covid-19-action-plan-1

    All federal employees are mandated and now OSHA is going to mandate for any employer over a hundred employees. I’d say I didn’t see that coming but I’ve been saying that’s going to happen since about June or July (minus the hundred plus employees I didn’t expect that)

    • Wait… ‘protection for the vaccinated’? Aren’t they protected because they are vaccinated? Now they need protection?
      I hadn’t read the whole thing.
      What a gaslighting word salad piece of bureaucratic fascism this document is.
      Make copies for Nuremberg 2.0.

  8. Hey flip flop Phil, I see you’ve been listening to Illegitimate Joe and his propaganda
    over the vaccine, just let me say I made my own decision to ” Get ” the vaccine, my
    choice, that’s being a free man !!

    But you and your mandates, I know Biden is senile, but it looks like you have the early
    stages also, I state this because of your ” Mandates,” I thought we lived in a free country
    and ” we ” as Americans can make up our own minds.

    What about all the non vaccinated crossing the southern border daily, or the thousands of
    non vaccinated that were brought from Afghanistan there shouldn’t be a problem with any
    increase of cases of the Wuhan Virus from these folks……….yeah !!

    How about holding the real culprits accountable for affecting the world with this Wuhan
    Virus……. the CCP and not Vermonter’s

    The Circus is in town and the Big Top is in Montpelier……… Clowns abound !!

  9. I love it when a writer uses a reference without the actual numbers to insinuate his/her stance as this author did in this article “… CDC reporting system, VAERS, there are very serious side effects and numerous deaths being associated with these vaccines.” there have been millions of shots. What is the number of deaths directly related to the vaccines. What is the number of “serious” side effects.
    And then excusing the officers as you did, really…apparently being an attorney the author has learned to be morally “flexible” depending on what is wanting to be accomplished.

    • We don’t actually know what those are because the reporting has serious issues (icd 10 codes are withheld) if you can report it at all the hospitals are telling people not to report it (in fear of their job) and the CDC themselves has had their hand in the cookie jar changing entries.

      Suffice to say they’ve screwed up the data so bad there is no knowledge of how much damage these are actually doing. Just know that it is in no way safe or effective.

      • How do I “know” it’s not safe and effective? I know one thing (which is damning as hell to you “no fax” people and that is that this new surge is PRIMARILY hitting you no vaccinated folks by the thousands. But you probably have some stylized explanation for that as well.

        • Actually, it’s not hitting those you detest so much. The only ones with any immunity are the manufacturers.

          Hope you’re as happy next year, playing your part in these human trials.

          • That is so true. With the current vaccines, the manufacturer have complete immunity against being sued for damages caused by their product. It is such a shame that the products they produce don’t produce immunity from the disease they supposedly developed it for.

          • The Motive: As Mr. Orleck referenced above, the FDA approved of Comirnaty vaccine is not yet available.. and won’t be until all of the doses of the Emergency Utilization Authorization (EUA) vaccines are used up. Why? Because once the FDA approves a vaccine, the manufacturer’s immunity from liable damages ends.

            How can anyone blame anyone else for being skeptical when it always comes down to the money?

        • What surge is that Gary?
          The surge your government is telling you there is?
          When is the last time you looked at your own state dashboard?
          I see that there are 30 people hospitalized in the entire state of Vermont and only 9 in ICU.
          How old are they? what were their pre-existing illnesses?
          I don’t call 9 people in the entire state that are sick enough to need the ICU “A Surge”.
          When we are stacking up bodies of young healthy people like cordwood, then that is the time to worry.
          People get sick incase you forgot.
          It’s normal for humans to get sick… and they’ll be fine..SAYS THE DASHBOARD>!!

        • You’re right I haven’t been an advocate of fax transmissions for a while now….

          As for what you really meant (if I’m deciphering your ‘English’ correctly) I’m not an anti vax person. I am becoming one because of what these industries have done but that’s a whole different story.

          You’re statement saying that no vaccinated (you mean unvaccinated here I assume) folks are the ones getting covid, this is a false narrative still being told by the media. I have heard many nurses and doctors tell me that the people in the US that are dying and getting sick are all vaccinated. In Australia they are putting those who are unvaccinated on a respirator and if you are vaccinated they’re getting ivermectin. Attempting to prop up the narrative you are being fed.

          Turn off the TV and stop reading lame stream media. They are lying to you.

    • I suggest you do your research. I have attached the link for VAERS and it will tell you all the adverse reactions to the vaccine along with 7218 people have died. You may say that is nothing compared to those that have received the vaccine however NEVER in the history of the FDA have they proceeded with this number of adverse reaction and 2 people have quit due to the push. Doctors who study virus (not Fauci) will tell you this is a leaky vaccine and will continue to develop variance which will not respond to a vaccine and cause many deaths as well in children.
      I am so disappointed that many more people are not asking questions and are acting like sheep! Note: I would not be surprised to find they are only reporting part of the actual amounts.
      https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/adverse-events.html

      • How about you doing thinking clearly- the VAERS report clearly stated that while that number has been reported the number are those that died at some point after they received the vaccination, not that the shot was the responsible mechanism. In fact, the report was explicit in reporting only that a person died, but not the cause. Also, the VAERS report did not say if what other health issues were attendant in those that died after the shot.
        So you and so many other nonvaxxers take as this gospel to push your agenda.

        • Re: “Also, the VAERS report did not say if what other health issues were attendant in those that died after the shot.”

          This is precisely the point. The Covid death data never includes ‘what other health issues were attendant in those that’ ostensibly died of Covid either.

          Keep in mind that healthcare providers receive financial incentives to report all health issues as being Covid related. There are no financial incentives for reporting otherwise. Again, it’s difficult not to be skeptical when it always comes down to the money.

          • Jay, I agree with you that the death rate from Covid maybe skewed because of people that may contract Covid may actually die from a pre-existing condition. Or, it just may be that Covid was the straw that broke the camels back.
            But, it is real hard to dismiss the fact that over the last 1 1/2 years the whole world has experienced millions of deaths above the “normal” expected mortality at the same time Covid has coursed through it.
            So, what would you and your ilk have the world do? Accept millions more deaths until somehow the virus burns itself out? Or, perhaps try to mitigate the effects, put the best brains together, get some kind of way to do that.
            You do not want masking, you do not want vaccinations. What do you want?

  10. 2018 nurses guide says that giving a shot to someone who dosnt want a shot is assult… the government is another beast they cannot deprive you of rights or privilege’s without due process of law… your medical information is private information and they cannot make you give that up.
    the vaccine is experimental it has not passed its 3 years phase studies
    here is how to fight back https://twitter.com/Wethecom/status/1436066227756097537

      • It’s worse than that Brian.
        People are being forced to choose between being injected with experimental drugs OR WORKING. There are people leaving our Military after long careers over this.
        There are *MANY* very important people in vital jobs leaving the labor force because they refuse to be jabbed over a job. Many people have pre-existing medical conditions and simply don’t want to take another medication, as is their God-Given Right.
        And has everyone forgotten our Natural Rights? We have the Natural Right to Maximize Our Own Existence said Thomas Hobbes.
        What about our “Right To Work” Laws?
        And where on earth are we going to be when very important places such as food producers and hospitals have critical worker shortages?
        Is there anyone alive at the wheel driving this ship???
        One really wonders!!

  11. The Pfizer vaccine is now FDA approved and that has opened the door to forcing it on people. But if the government can force people to take a covid vaccine what else can they force? Flu vaccine? The dangerous anthrax vaccine? What if an AIDS vaccine is developed? Should that be forced on people?

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