DeSantis Accuses CDC, FDA, Moderna and Pfizer of Criminal Fraud to Get Covid Vaccine Grand Jury

Florida Supreme Court Impanels Grand Jury on DeSantis Allegations of Crime

Governor Ron DeSantis, seeking to bolster his standing with the anti-vaccination crowd in anticipation of his run for the Republican presidential nomination, filed a Petition with the Florida Supreme Court seeking to Impanel a State Wide Grand Jury to investigate and prosecute supposed alleged criminal fraud by the CDC, FDA, Moderna, Pfizer and advocates of mRNA Covid Vaccines. The Florida Supreme Court granted his Petition on December 22, 2022 and did impanel a Grand Jury to look into what DeSantis alleged was massive criminal fraud in the promotion of the efficacy of Covid Vaccines.

Now this comes after DeSantis had earlier been a staunch advocate for the mRNA Covid Vaccines manufactured by Pfizer and Moderna. What changed? His desire to appeal to the anti-vaccination crowd and the MAGA warriors in order to get support for his still undeclared presidential nomination effort. DeSantis must have calculated that were votes to be had among these groups, and despite any negative effects on public health, DeSantis thought this would be a good campaign platform for him to enhance his standing with the MAGA right wing and the anti-vaxers.

The current Florida Supreme Court is composed largely of Republicans, having changed from the days when it had a politically divided composition. So, the Justices took little time to consider and grant DeSantis Petition.

I filed a Response to the DeSantis Petition, but the Clerk of the Florida Supreme Court refused to docket (file) my Response, and he called me on January 3, 2023 saying he apologized for not sending me a letter earlier announcing his position that no one and no citizen of Florida could file any response to the DeSantis Petition as the Florida Statute on appointment of Grand Juries did not allow or provide for any opportunity for citizens to object.

I sent the Clerk a Second Response to the DeSantis Petition (after the Justices had already granted his Petition and Impaneled a Grand Jury), saying that DeSantis’ Petition did not satisfy the Florida Statute requirements for a Grand Jury. I also sent a letter to the Clerk of Court, John Tomasino, that said:

In Governor DeSantis’ Petition, he misstated the applicable jurisdictional provision by omitting a crucial sentence of Section 905.33(1), Florida Statutes. That Section provides:

 Whenever the Governor, for good and sufficient reason, deems it to be in the public interest to impanel a statewide grand jury, she or he may petition in writing to the Supreme Court for an order impaneling a statewide grand jury. The petition shall state the general crimes or wrongs to be inquired into and shall state that said crimes or wrongs are of a multicircuit nature. The Supreme Court may order the impaneling of a statewide grand jury, in accordance with the petition, for a term of 12 calendar months. Upon petition by a majority of the statewide grand jury or by the legal adviser to the statewide grand jury, the Supreme Court, by order, may extend the term of the statewide grand jury for a period of up to 6 months.

          In the Governor’s Petition, the emphasized sentence was omitted.  This is a jurisdictional requirement.

So, what did Governor DeSantis say in his Petition to the Florida Supreme Court that caused them to grant his Petition and impanel a Grand Jury? The following are excerpts from DeSantis’ Petition:

    The widespread belief that the COVID-19 vaccines prevented the disease from spreading became so pervasive that the President of the United States himself believed it to be true. He sought to impose a variety of vaccine mandates on the American people, including healthcare workers and members of the military, which were premised on the notion that "unvaccinated people spread the virus" and "the best way to slow the spread of COVID-19 and to prevent infection by the Delta variant or other variants is to be vaccinated." He even stated that "[y]ou're not going to get Covid if you have these vaccinations."

    Florida's prohibitions on vaccine requirements could not prevent all federal vaccine requirements, such as those for military members. Many Floridians serving in Florida and abroad were forced to submit to COVID-19 vaccination as a condition of employment. These mandates were imposed even as evidence surfaced of increased cases of myocarditis and pericarditis in those vaccinated.

    Various state and federal health authorities, including the Centers for Disease Control and Prevention (CDC), held the belief that the vaccines prevented transmission, and in turn issued guidance recommending the vaccines as effective at "limiting the spread of the virus that causes it." The CDC's website stated the vaccines were "safe and effective as determined by data from the manufacturers," but that statement was later removed.  The CDC also advised that "COVID-19 vaccination can reduce the spread of disease overall, helping protect people around you." Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases, unequivocally asserted that the vaccines prevented transmission. And the White House issued a press briefing just last year, only days before Christmas, threatening "the unvaccinated" with "a winter of severe illness and death."

        It is impossible to imagine that so many influential individuals came to this view on their own. Rather, it is likely that individuals and companies with an incentive to do so created these perceptions for financial gain.

         For example, on November 30, 2020, the Chief Executive Officer of Moderna told the public that a study "confirms the ability of our vaccine to prevent COVID-19 disease with 94.1% efficacy."

         Pfizer similarly stated that its vaccine was "highly effective with 91.3% vaccine efficacy observed against COVID-19 ... through up to six months after the second dose." Pfizer's CEO, Albert Bourla, stated that its "COVID-19 vaccine was 100% effective" in preventing cases in South Africa.

        Moderna promoted an article on its Twitter page titled "10 Common Vaccine Myths Busted," which stated that "[g]etting vaccinated is like wearing a mask-it isn't just about protecting you, but also your community" and "[t]he more people who are vaccinated, the fewer chances a disease has to spread."

        Both Pfizer and Moderna use their websites to promote the theory that their COVID-19 vaccines help develop "herd immunity." According to Moderna, herd immunity is the "indirect group protection from an infectious disease that happens when a population is immune through either vaccination or previous infection." Moderna's website states that "[t]o safely achieve herd immunity against COVID-19, a large amount of a population needs to be vaccinated" and that this "help[s] protect those who cannot get vaccinated." Moderna recommends COVID-19 vaccination "even if you are healthy" because a vaccine may "[a]dd to the number of people in the community who are protected from getting COVID-19, contributing to herd immunity."

         Pfizer's website asserts that "[w]hen enough people are vaccinated, everyone-including those who are too young or too sick to  be  immunized-receives some  protection  from  the  spread  of diseases."18 Pfizer's Twitter page states that "[t]he ability to vaccinate at speed to gain herd immunity and stop transmission is our highest priority" and that "[v]accination remains the best tool we have to help protect lives and achieve herd immunity."

         Some representations by the pharmaceutical manufacturers even suggested that the vaccines would help end the pandemic.

        On December 29, 2020, the World Health Organization's chief scientist, Dr. Soumya Swaminathan, stated that there was a lack of evidence "to be confident that it's going to prevent people from actually getting the infection and therefore being able to pass it on." Nearly a year later, World Health Organization officials admitted that the vaccines did "not fully prevent transmission." Indeed, various studies have seriously undermined the narrative that vaccination prevents the transmission of COVID-19, especially the delta and omicron variants. This calls into question the accuracy of pharmaceutical manufacturers' representations that their vaccines would stop transmission, develop herd immunity, and help end the pandemic.

       The Florida Department of Health conducted its own analysis through a self-controlled case series to study mortality risk following mRNA COVID-19 vaccination and found an increase in the relative incidence of cardiac-related deaths among males 18-39 years old within 28 days following mRNA vaccination.

         Reports from other countries also indicate that there is a connection between COVID-19 vaccines and cardiovascular events, even death. French and Canadian studies recognize an increase in rates of myocarditis or pericarditis following receipt of COVID-19 mRNA vaccines. A recent Swiss report recognized that only serious cases of myocarditis requiring hospitalization are generally reported, suggesting the true incidence of myocardial damage would therefore "likely be much higher" in the general population. A German study of autopsies performed on people who died unexpectedly at home within 20 days of receiving an mRNA COVID-19 vaccine indicated that myocarditis "can be a potentially lethal complication" following mRNA  vaccination. Furthermore,  excess  mortality  from  heart attacks rose significantly during the COVID-19 pandemic, especially among individuals ages 25 to 44. These reports raise questions regarding whether the representations made by the pharmaceutical industry with respect to the safety and risks of their COVID-19 vaccines have been true.

       Florida law prohibits fraudulent practices, including the dissemination of false or misleading advertisements of a drug and the use of any representation or suggestion in any advertisement relating to a drug that an application of a drug is effective when it is not. § 499.0051(11), Fla. Stat. The pharmaceutical industry has a notorious history of misleading the public for financial gain. Questions have been raised regarding the veracity of the representations made by the pharmaceutical manufacturers of COVID-19  vaccines,  particularly  with  respect  to  transmission, prevention, efficacy, and safety. An investigation is warranted to determine whether the pharmaceutical industry has engaged 1n fraudulent practices. The people of Florida deserve to know the truth.

So, what did Governor DeSantis tell the Florida Supreme Court they should do about these representations which DeSantis wants to call into question and even claim they are fraudulent?

Nature and Scope of the Investigation

1.          In light of the foregoing information, Petitioner has determined that there are good and sufficient reasons to deem it to be in the public interest to impanel a statewide grand jury to investigate criminal or wrongful activity in Florida relating to the development, promotion, and distribution of vaccines purported to prevent COVID- 19 infection, symptoms, and transmission.

2.             Specifically, such investigation should consider any crime or wrong listed or described in section 905.34 that relates to the following:

(a)     Individuals, persons, and entities, including, but not limited to, pharmaceutical manufacturers (and their executive officers) and other medical associations or organizations involved in the design, development, clinical testing or investigation, manufacture, marketing, representation, advertising, promotion, labeling,  distribution,  formulation,  packing,  sale,  purchase, donation, dispensing, prescribing, administration, or use of vaccines purported to prevent COVID-19 infection, symptoms, and transmission;

(b)    other criminal activity or wrongdoing that the statewide grand jury uncovers during the course of the investigation if it determines that pursuing the criminal activity or wrongdoing is in the best interests of the investigation.

Then DeSantis tells the Supreme Court what he plans the Covid Vaccine Grand Jury to do:

1.                Pursuant to sections 905.33 and 905.34, the jurisdiction of the statewide grand jury will extend throughout the state to investigate crimes, return indictments, make presentments or direct issuance of reports, and otherwise perform all functions of a statewide grand jury with regard to any offense enumerated in section 905.34, including but not limited to:

(a)              Any crime involving, or resulting in, fraud or deceit upon any person [e.g., Chapter 817 (false pretenses and frauds, generally)];

(b)             Chapter 499 (crimes under Part I of the Florida Drug and Cosmetic Act);

(c)              Chapter 895 (violations of the provisions of the Florida Racketeer Influenced and Corrupt Organization Act (RICO), including offenses listed under section 895.02); and

(d)                Any attempt, solicitation, or conspiracy to commit any violation of the crimes specifically enumerated above.

So, Governor DeSantis, having touted the importance of people taking the Covid vaccines, then had a reawakening, based on the advice of his new Health Commissioner, and did a 180 degree turn as he decided it would be politically expedient for him to not only question the efficacy of the mRNA Covid Vaccines but also to threaten criminal prosecution for fraud against the manufacturers, distributors, testers, pharmacists, medical societies and anyone else who disagrees with Dr. DeSantis that he has deemed the mRNA Covid Vaccines very harmful to people’s health.

I thought that DeSantis had hardly made his case warranting criminal investigations, and I attempted to file a Response to the Governor’s Petition as well as a Second Response and a letter to the Clerk of the Supreme Court questioning DeSantis’ allegations of a large criminal conspiracy to defraud citizens and suggesting the Supreme Court should reconsider and withdraw their Order impaneling the Grand Jury. But the Clerk of the Florida Supreme Court refused to file-docket my Response, Second Response and Letter so that the Justices could consider the points I raised questioning DeSantis’ actions and reasons for filing his Petition. The Clerk of the Supreme Court said no Florida citizen could oppose or comment on Governor DeSantis’ Petition.

So, welcome to Ron DeSantis’ New Authoritarian Florida. The Governor has spoken, the Supreme Court has obeyed, and no citizen can question the propriety of this political criminal investigation.

Evidence of a crime?

But Governor DeSantis, a Harvard Law honors graduate, should know that alleging pharmaceutical manufacturers, the CDC and FDA and even your own doctor who promotes the efficacy of the Covid Vaccines are all committing criminal fraud could result in litigation against him for defamation. Allegations of criminal fraud are considered to be defamation per se, as Rudy Giuliani found out.

Of course there is the question whether DeSantis will actually do anything to bring “evidence” to this Grand Jury, and perhaps the whole exercise is just another DeSantis political stunt.