Tell Every Service Member You Know: Military Cannot Legally Force the Vaccine Yet

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Troops are being fooled into thinking they can be forced into taking a COVID-19 vaccine. Not so fast.

In a memorandum to senior Pentagon Leadership marked August 24th, the entire United States Armed Forces is to “begin full vaccination of all members of the Armed Forces under DoD authority on active duty or in the Ready Reserve, including the National Guard, who are not fully vaccinated against COVID-19.”

According to the memo, “Mandatory vaccination against COVID-19 will only use COVID-19 vaccines that receive full licensure from the Food and Drug Administration (FDA), in accordance with FDA-approved labeling and guidance.”

This means that the military cannot require vaccination using the existing vaccine supply, which is entirely manufactured and distributed under the recently renewed emergency use authorization. Yet the “FDA approved” headline pushed by the media will likely fool troops and commanders into thinking they should simply administer whatever vaccine they have handy. The problem – Pfizer is entirely off the legal hook for any side effects or consequences to troops as a result of being administered an investigational vaccine, and Pfizer knows itCurrently, the politicians have the “FDA approved” headline they need to coerce vaccine compliance, and Pfizer still enjoys EUA legal immunity for every vaccine currently in circulation.

In reality, Pfizer has yet to manufacture the BLA-approved vaccine (COMIRNATY), which is (likely) physically identical to the current EUA investigational vaccine (Pfizer-BioNTech COVID‑19 Vaccine) but legally distinct. It’s confusing because the new COMIRNATY vaccine is also approved under the August 23rd renewed Emergency Use Authorization (it received both EUA authorization and full BLA approval, but EUA vaccines come with legal immunity for the manufacturer). The relevant letters are available on the FDA website.

Data indicates that young men (the dominant demographic in the military) are much more likely to suffer heart complications like myocarditis or pericarditis, and studies are ongoing concerning the potential effects of COVID-19 vaccines on male fertility. The currently known side effects are uniquely dangerous to the military.


Soldiers need to know whether or not they are receiving the FDA-approved vaccine (which holds Pfizer legally accountable for injury) or the currently available EUA investigational vaccine (which exempts Pfizer from liability) which gives the soldier the right of informed consent (as required by Army Regulation 40–562 chapter 7-2). The requirement for informed consent can be waived by a Presidential order (according to 10 USC 1107), but as of this email, no such order has been given.

The labeling on the individual vaccines is required to say “Emergency Use Authorization,” so troops should know which is being used. For the time being, all soldiers should have the option to refuse since there is no available COMIRNATY. Certainly, no other vaccine (Moderna, J&J) can be mandated as they all remain under EUA and are by definition investigational.


To make matters even more precarious for the Army, current and future administrations of a COVID-19 vaccine (or any other) are subject to AR 40-652, which states in chapter 1-4 section c4 that “Medical commanders, commanding officers, and command surgeons will (part 4) ensure patients are evaluated for preexisting immunity, screened for administrative and medical exemptions, and/or evaluated for the need for medical exemptions to immunizations or chemoprophylaxis medications. Exemptions are granted per paragraph 2–6; document any exemptions,” and in Chapter 2-6 a1b that “General examples of medical exemptions include…Evidence of immunity based on serologic tests, documented infection, or similar circumstances.

Considering the mounting evidence that prior infection and recovery from COVID-19 provides significantly superior protection from COVID-19 than vaccination, Army units have a responsibility to follow the requirements of AR 40-652 and screen soldiers serologically prior to mandating even a BLA-approved vaccine. This would mean potentially verifying prior infection or conducting antibody tests, although the federal government’s pathological silence on the protection provided by COVID-19 recovery may be enough to persuade the Army to similarly forget that natural immunity is a scientific reality.

In any case, there is a high likelihood that military units will unquestioningly begin force vaccinating troops with investigational, experimental COVID-19 vaccines that have no manufacturer liability protection in cases of injury. It will be up to individual troops to insist on exercising their right to informed consent when they see “Emergency Use Authorization” printed on the vaccine label.

This article originally appeared at Mile High Evening News and is republished here with permission in its entirety.




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