Active Duty Military Members Sue Biden’s Defense Secretary For Prior Immunity Freedom From The Vaccine

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Active duty U.S. military members are suing Joe Biden’s Defense Secretary Lloyd Austin and the Department of Defense and Biden administration officials Xavier Becerra and Janet Woodcock and the agencies they lead in the United States District Court for the District of Colorado.

Here is the lawsuit: “Plaintiffs SSG Dan Robert, U.S. Army, and SSgt Hollie Mulvihill, USMC, are both active-duty service members currently serving the United States Armed Forces. The Plaintiffs represent the class of at least 220,000 thousand currently-serving U.S. servicemen and women who can document that they have already been infected with COVID-19, recovered from it, and thereby acquired natural immunity from the virus. Plaintiffs filed suit with this court on August 17, 2021, to vindicate their rights, including their right to be free from unwanted physical intrusion, to reserve their guaranteed, codified and fundamental rights of informed consent; and to be free from involuntary inoculation against a virus that poses statistically zero threat to them. Forcibly inoculating the Plaintiffs class will provide no benefit to them and will cause significant and irreparable physical harm and or death. Worst of all, existing laws and regulations unequivocally provide the exemption Plaintiffs seek, yet the Defendant DoD by and through its Secretary Austin, has issued a mandate ignoring the DoD’s own regulations and creating an entirely new definition of “full immunity” that can only be achieved by this forced vaccination. In so doing, the Defendants are acting ultra vires in derogation of Plaintiffs’ rights, in violation of existing laws, regulations, medical ethics, and the overwhelming weight of scientific evidence.”

The U.S. Navy is forcing non-vaccinated sailors to sign “Page 13” forms authorizing their commanders to ban them from recreational public activity including non-essential shopping, restaurants, concerts, gyms, and movie theaters. The Joe Biden regime has mandated vaccination for all military members and some sailors are now under “HPCON Charlie” health protocol at their base. Some sailors are desperately trying to get their religious exemptions approved to save themselves from the Coronavirus injection, which is clouded with controversy due to widespread reports of health problems, deaths and depleted immune systems for vaccine recipients. However, the Biden regime is offering no guidance to commanding officers on the religious exemption process and Navy chaplains are actively blocking religious exemption requests. Additionally, the Biden regime is not informing military servicemembers about a regulation that affords them the right to get tested for prior immunity to avoid the vaccine. (RELATED: Biden’s Military Puts West Point Cadets In Solitary Confinement If They Refuse COVID Vaccine).

“All un-vaccinated sailors are having to sign Page 13’s. What this page 13 states is that the un-vaccinated cannot go to restaurants, concerts, amusement parks, non-essential shopping, gyms, movie theaters. Basically telling us we have no right to liberty and we are required to stay home,” a U.S. Navy servicemember tells NATIONAL FILE. While Joe Biden set a September 15 deadline for military members to get vaccinated, the Navy now apparently is expecting to finish their mass-vaccination program by November 28.

NATIONAL FILE is in contact with numerous active duty servicemembers as they fight for freedom, and we have learned some hopeful information. The United States military allows servicemembers the option to take a test to determine if they have “pre-existing immunity” in order to “eliminate unnecessary immunizations,” according to the regulation “Immunizations and Chemoprophylaxis for the Prevention of Infectious Diseases” issued by the headquarters of the Army, Navy, Air Force and Coast Guard to govern military vaccine policy. That full document is presented in the article below. But the Biden administration is clearly ignoring this fact in their guidance to the troops. The Biden regime is also withholding all guidance on vaccine religious exemptions to key officials as military chaplains try to block the religious exemption requests that come in.

A high-ranking active duty military officer discussed with us a document presented below, which the officer says “is followed by all of the military for immunizations. In chapter 2, 2-1(which is pdf page 9) it states the the option for personnel to complete a serologic antibody test or proof of prior infection is allowed in lieu of unnecessary vax! This is documented in the medical record IAW appendix C, table C-1 as MI (medically immune)! The SECDEFs (Secretary of Defense’s) memo DOES NOT allow for prior infection to count as immunity, CONTRARY TO our military instruction!! Also there is no allowance for antibody testing!” The military document states: “Screening for immunity: For some vaccine-preventable diseases, serologic or other tests can be used to identify pre-existing immunity from prior infections or immunizations that may eliminate unnecessary immunizations.”

READ THE FULL DOCUMENT HERE: Immunizations and Chemoprophylaxis for the Prevention of Infectious Diseases_2

On the subject of religious exemptions to the vaccine, the Biden regime and military leadership are conspicuously putting a wrench in the gears of the approval process. “Because my husband’s CO is an 05 it requires an O6 to endorse, my husband’s CO spoke with the 06 about my husband’s request. They both stated none of them have been given guidance on religious exemptions and haven’t heard anything from top brass on how to handle these requests according to what my husband’s CO told him face to face on Friday,” a wife of a Naval senior enlisted servicemember who confirmed this fact to NATIONAL FILE.

NATIONAL FILE spoke to another active duty high-ranking Naval officer who revealed that U.S. Navy chaplains in the leftist Navy chaplain program are actively blocking sailors’ religious exemption requests for the controversial COVID-19 vaccines. Chaplains are supposed to serve as military religious ministers, but the chaplain system has become increasingly left-wing. The Joe Biden regime has inflicted a vaccine mandate upon the U.S. military, and the clock is ticking for America’s active duty servicemembers to try to get exemptions from the vaccine mandate.

But U.S. Navy documents obtained by NATIONAL FILE show that chaplains must sign off on the religious exemption requests which can be revoked during times of alleged disease, alternative counseling is provided to discourage sailors from going through with the process, and court martial and other disciplinary action is threatened against sailors whose religious exemption requests are denied. The high-ranking officer described the Navy’s religious exemption option as “lip service” to constitutionalists.

The Naval officer told NATIONAL FILE: “I am actively pursuing a religious exemption from the COVID jab…The Navy is essentially saying they have the ability to give a religious exemption as lip service to placate constitutional believers and followers! How ridiculous! There really is no intention of allowing COVID exemptions! They are merely broadcasting an illusion that exemptions exist! Sort of like the illusion that the vaccines will cure the pandemic” He added, “FYI, my command is pushing the shot HARD right now. They are talking about disobeying direct orders and NJP (non judicial punishment) if not done in the next 2 weeks! Why the rush?”

NAVY DOCUMENT 1 from August 15, 2020 is entitled “IMMUNIZATION EXEMPTIONS FOR RELIGIOUS BELIEFS.” The document states that a commander can suspend a religious exemption “if necessary due to an imminent threat to health or safety.”

The chaplains have to approve religious exemption requests: “Content of Commander’s Endorsement. In line with reference (b), COs must endorse every request for religious accommodation through waiver of immunization requirements. The content of the endorsement must include: a. An endorsement from a military chaplain in line with reference (d), b. A recommendation to approve or disapprove the request, c. Relevant information concerning the applicable operational or regional policies, d. Negative effect (if any) on mission accomplishment (i.e., military readiness, unit cohesion, good order, discipline, health, and safety), e. The number of Service members in the command that have been granted a similar exemption for non-religious purposes…”

Sailors who want the religious exemptions have to undergo “Applicant Counseling” which coaches them on “The additional risk to health on exposure to disease against which the applicant will not be protected by a military physician who informs Service member of disease concerned, and benefits and risks of vaccine;” and “The possibility that the applicant may be detained during travel across international borders due to international health regulations” and “The possibility that individuals granted such exemptions may have their waivers revoked if they are at imminent risk of disease (e.g., exposure to anthrax, measles, cholera, etc.) or due to international health regulations.”

The Navy also makes it clear that “COs may, without prior approval, revoke a Service member’s authorized immunization waiver in the event of imminent risk of disease due to exposure or as a result of international health regulations incident to foreign travel.”

Of course, the Navy threatens severe punishment including court martial against vaccine resisters who get their applications denied.

Here is the Format that religious exemption applicants must use: “I request a waiver of the (state the type) immunization. I hereby state that my request is based upon (religious objection to immunization or other reasons specifically described). I acknowledge having received the following counseling: 1. Failure to obtain immunization poses additional risk to my health upon exposure to disease. 2. In the event of foreign travel, I may be detained during travel across foreign borders due to international health regulations. 3. If granted, a waiver may be revoked by my commanding officer if I am at imminent risk of disease or due to international health regulations. 4. If my job duties change, I may need to route a new request. 5. If I am at my permanent change of station while my waiver is in effect, I may need to route a new request if my job duties change, my geographic region exposes me to the aforementioned disease, or other factors exist that could put me at imminent risk of disease.”

NAVY DOCUMENT 2 comes from Department of the Navy, Chief of Naval Personnel in Arlington, Virginia, and is dated March 16, 2020. The subject line is “STANDARDS AND PROCEDURES GOVERNING THE ACCOMODATION OF RELIGIOUS PRACTICES”

The document states: “Deputy Chief of Naval Operations (Manpower, Personnel, Training and Education) (CNO N1). CNO N1 is responsible for overseeing this religious accommodation policy and will review and act on religious accommodation requests that require waiver of Department of Navy (DON) policy and are routed to CNO N1 for approval as indicated in Tables 1 and 2”

The Navy makes sure to say “Many religious practices do not require an exception to Navy policy and can be accommodated at the command level.”

“Administrative and Disciplinary Actions a. In line with reference (a), Service members submitting requests for religious accommodations will comply with the policy, practice, or duty from which they are requesting accommodation, unless or until the request is approved. b. Service members whose waivers have been disapproved, or those who refuse to take immunizations without approved waivers, may be subject to administrative and or disciplinary actions, as deemed appropriate by COs, for violation of a lawful order. c. Actions include: (1) Formal counseling and warning recorded on NAVPERS 1070/613, (2) Nonjudicial punishment, (3) Court-martial, or (4) Processing for administrative separation. d. See MILPERSMAN 1910-120, 1910-142, 1910 164, and 1910- 402 for guidance on enlisted separations. See reference (d) for officer separations”

 

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