Judge Smacks Down FDA’s Attempted 75 YEAR Slow-Walk Release Of Pfizer Vaccine Documents

Written by K. Walker on January 7, 2022

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This is a great win for transparency. It means that Americans will be able to see the information this calendar year rather than wait until 2097.

In November, a group of over 200 doctors, scientists, and public health professionals — a group called Public Health and Medical Professionals for Transparency — sent a Freedom Of Information Act (FOIA) request to the Food and Drug Administration (FDA) to provide material related to the approval of the COVID vaccine developed by Pfizer, including the safety data. This would mean an estimated 450,000 pages of data would have to be examined and redacted.

How could that be such a big deal if they were able to review the material in a timely manner in order to approve the Pfizer vaccine in the first place, right?

While not disputing that the information needs to be made public, the FDA whined that they only have a handful of employees handling FOIA requests, and it would take them approximately 75 years to provide the documents. The FDA argued that it takes time to comb through each page and they would be able to release the data at a rate of 500 pages per month.

By the time all of the FOIA documents requested were released, the vast majority of people who first took the jabs — including the group of plaintiffs, the individuals who made the decisions to approve the vaccine, and the authoritarians who are mandating it for employment — would be dead.

On Thursday, U.S. District Judge Mark Pittman wrote in his order that the court “concludes that this FOIA request is of paramount public importance” and rejected the FDA’s plodding timeline.

Judge Pittman ordered the FDA to produce “more than 12,000 pages” that they said that they could produce in their proposal “on or before January 31, 2022” and then produce all remaining data at a rate of 55,000 pages per month while acknowledging that his order would be “unduly burdensome” for the agency. The order also states that a Joint Status Report is to be provided to the Court “detailing the progress of the rolling production by April 1, 2022, and every 90 days thereafter.”

Jenna Greene opened an article in Reuters with, “Score one for transparency.”

She wrote, “Even if the FDA may not see it this way, I think Pittman did the agency — and the country — a big favor by expediting the document production.”

Greene also noted in her article that lawyers for plaintiffs pointed out in court papers that the FDA as of 2020 had 18,062 employees, some of whom could be redirected to help with the FOIA request.

“I’ve been chronicling this fight since November and have heard from dozens of readers who said they felt something was suspicious, even nefarious, in the FDA’s proposed slo-mo timeline,” wrote Greene. “Making the information public as soon as possible may help assuage the concerns of vaccine skeptics and convince them the product is safe.”

“Pittman in his order nodded to this as well, including a quote from the late senator John McCain, who said that excessive administrative secrecy ‘feeds conspiracy theories and reduces the public’s confidence in the government.'” she continued.

Aaron Siri, an attorney for Public Health and Medical Professionals for Transparency, announced the good news on Twitter.

He wrote on Substack:

This is a great win for transparency and removes one of the strangleholds federal “health” authorities have had on the data needed for independent scientists to offer solutions and address serious issues with the current vaccine program – issues which include waning immunity, variants evading vaccine immunity, and, as the CDC has confirmed, that the vaccines do not prevent transmission.

No person should ever be coerced to engage in an unwanted medical procedure. And while it is bad enough the government violated this basic liberty right by mandating the Covid-19 vaccine, the government also wanted to hide the data by waiting to fully produce what it relied upon to license this product until almost every American alive today is dead. That form of governance is destructive to liberty and antithetical to the openness required in a democratic society.

In ordering the release of the documents in a timely manner, the Judge recognized that the release of this data is of paramount public importance and should be one of the FDA’s highest priorities.
Source: Injecting Freedom (Aaron Siri’s Substack)

U.S. District Judge Mark Pittman in Fort Worth, Texas, was appointed to the bench in 2019 by former President Donald Trump.

In his order, Judge Pittman smacked down the FDA and their ridiculous timeline using the above-mentioned McCain quote as well as others from James Madison and JFK, as well as previous cases to back up his decision.

Here it is in full and it’s quite a read:

UNITED STATES DISTRICT COURT

PHMPT, Plaintiff v. FDA, Defendant, No. 4:21-cv-1058-P

ORDER

This case involves the Freedom of Information Act (“FOIA”). Specifically, at issue is Plaintiff’s FOIA request seeking “[a]ll data and information for the Pfizer Vaccine enumerated in 21 C.F.R. § 601.51(e) with the exception of publicly available reports on the Vaccine Adverse Events Reporting System” from the Food and Drug Administration (“FDA”). See ECF No. 1. As has become standard, the Parties failed to agree to a mutually acceptable production schedule; instead, they submitted dueling production schedules for this Court’s consideration. Accordingly, the Court held a conference with the Parties to determine an appropriate production schedule.[1] See ECF Nos. 21, 34.

“Open government is fundamentally an American issue” – it is neither a Republican nor a Democrat issue.[2] As James Madison wrote, “[a] popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps, both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”[3] John F. Kennedy likewise recognized that “a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.”[4] And, particularly appropriate in this case, John McCain (correctly) noted that “[e]xcessive administrative secrecy . . . feeds conspiracy theories and reduces the public’s confidence in the government.”[5]

Echoing these sentiments, “[t]he basic purpose of FOIA is to ensure an informed citizenry, [which is] vital to the functioning of a democratic society.” NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214, 242 (1977). “FOIA was [therefore] enacted to ‘pierce the veil of administrative secrecy and to open agency action to the light of public scrutiny.’” Batton v. Evers, 598 F.3d 169, 175 (5th Cir. 2010) (quoting Dep’t of the Air Force v. Rose, 425 U.S. 352, 361 (1976)). And “Congress has long recognized that ‘information is often useful only if it is timely’ and that, therefore ‘excessive delay by the agency in its response is often tantamount to denial.’” Open Soc’y Just. Initiative v. CIA, 399 F. Supp. 3d 161, 165 (S.D.N.Y. 2019) (quoting H.R. REP. NO. 93-876, at 6271 (1974)). When needed, a court “may use its equitable powers to require an agency to process documents according to a court-imposed timeline.” Clemente v. FBI, 71 F. Supp. 3d 262, 269 (D.D.C. 2014).

Here, the Court recognizes the “unduly burdensome” challenges that this FOIA request may present to the FDA. See generally ECF Nos. 23, 30, 34. But, as expressed at the scheduling conference, there may not be a “more important issue at the Food and Drug Administration . . . than the pandemic, the Pfizer vaccine, getting every American vaccinated, [and] making sure that the American public is assured that this was not [] rush[ed] on behalf of the United States . . . .” ECF No. 34 at 46. Accordingly, the Court concludes that this FOIA request is of paramount public importance.

“[S]tale information is of little value.” Payne Enters., Inc. v. United States, 837 F.2d 486, 494 (D.C. Cir. 1988). The Court, agreeing with this truism, therefore concludes that the expeditious completion of Plaintiff’s request is not only practicable, but necessary. See Bloomberg, L.P. v. FDA, 500 F. Supp. 2d 371, 378 (S.D.N.Y. Aug. 15, 2007) (“[I]t is the compelling need for such public understanding that drives the urgency of the request.”). To that end, the Court further concludes that the production rate, as detailed below, appropriately balances the need for unprecedented urgency in processing this request with the FDA’s concerns regarding the burdens of production. See Halpern v. FBI, 181 F.3d 279, 284–85 (2nd Cir. 1991) (“[FOIA] emphasizes a preference for the fullest possible agency disclosure of such information consistent with a responsible balancing of competing concerns . . . .”).

Accordingly, having considered the Parties’ arguments, filings in support, and the applicable law, the Court ORDERS that:

1. The FDA shall produce the “more than 12,000 pages” articulated in its own proposal, see ECF No. 29 at 24, on or before January 31, 2022.

2. The FDA shall produce the remaining documents at a rate of 55,000 pages every 30 days, with the first production being due on or before March 1, 2022, until production is complete.

3. To the extent the FDA asserts any privilege, exemption, or exclusion as to any responsive record or portion thereof, FDA shall, concurrent with each production required by this Order, produce a redacted version of the record, redacting only those portions as to which privilege, exemption, or exclusion is asserted.

4. The Parties shall submit a Joint Status Report detailing the progress of the rolling production by April 1, 2022, and every 90 days thereafter.[6]

SO ORDERED on this 6th day of January, 2022.

[1] Surprisingly, the FDA did not send an agency representative to the scheduling conference.

[2] 151 CONG. REC. S1521 (daily ed. Feb. 16, 2005) (statement of Sen. John Cornyn).

[3] Letter from James Madison to W.T. Barry (August 4, 1822), in 9 WRITINGS OF JAMES MADISON 103 (S. Hunt ed., 1910).

[4] John F. Kennedy, Remarks on the 20th Anniversary of the Voice of America (Feb. 26, 1962).

[5] America After 9/11: Freedom Preserved or Freedom Lost?: Hearing Before the S. Comm. on the Judiciary, 108th Cong. 302 (2003).

[6] Although the Court does not decide whether the FDA correctly denied Plaintiff’s request for expedited processing, the issue is not moot. Should the Parties seek to file motions for summary judgment, the Court will take up the issue then.

It looks like by the end of the year we can see what the Pfizer safety data actually looks like ourselves instead of relying on the constantly shifting information meted out by public health “experts.”

That’s a win for “We The People” and a loss for the public health authoritarians.

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ClashDaily's Associate Editor since August 2016. Self-described political junkie, anti-Third Wave Feminist, and a nightmare to the 'intersectional' crowd. Mrs. Walker has taken a stand against 'white privilege' education in public schools. She's also an amateur Playwright, former Drama teacher, and staunch defender of the Oxford comma. Follow her humble musings on Twitter: @TheMrsKnowItAll and on Gettr @KarenWalker