From: ZaidMS@aol.com
The James Madison Project
1501 M Street, N.W.
Suite 1175
Washington, D.C. 20005
(202) 785-3801 E-Mail:
JaMadPro@Aol.com
(202) 223-4826 fax
FOR IMMEDIATE RELEASE
June 17, 1999
FOR FURTHER INFORMATION CONTACT
Mark S. Zaid, Esq.
Executive Director
(760) 830-5261,5263
(202) 785-3801
ZaidMS@aol.com
1stLt Vincent Bosquez
Public Affairs Office, Twenty-Nine Palms
(760) 830-5471.
FIRST ANTHRAX COURT-MARTIAL PROCEEDING BEGINS TODAY IN TWENTY-NINE
PALMS, CALIFORNIA
Military Judge Rules Doctor's Theory That The Anthrax Vaccine May Have Been
Illegally Modified Is Not Necessary To Proceedings
TWENTY-NINE PALMS, CA --
The court-martial proceeding of Lance Corporal Jared Schwartz (Henderson, Kentucky), for
his refusing the anthrax vaccine is scheduled to begin Thursday, June 16, 1999, at 0900
PST at the Twenty-Nine Palms Marine Air Ground Combat Center. This will be the first
contested court-martial proceeding in the Armed Services in direct challenge to the
Pentagon's Anthrax Vaccine Immunization Program (AVIP). Yesterday, the Military Judge,
Lieutenant Colonel Ken Martin, caused another serious blow to the defendant's defense by
excluding evidence that the anthrax vaccine has been illegally modified.
The Court ruled that Dr. Robert Garry, Jr., a professor of Immunology at Tulane Medical
School, was not necessary to testify as a defense witness at the court-martial
proceedings. Dr. Garry is the co-author of a study that found the presence of squalene
antibodies in the blood of those military personnel who have received the anthrax vaccine.
Squalene is a highly toxic adjuvant that does not have FDA approval. The presence of
squalene in the anthrax vaccine would be in violation of U.S. domestic law and
international laws that arose from the ashes of Nazi Germany at the Nuremberg trials.
"The defendants are shocked that scientific evidence that could prove the Defense
Department has illegally modified the anthrax vaccine in violation of the Nuremberg Code
cannot be presented at this time," said Mark S. Zaid, the Executive Director for The
James Madison Project and lead civilian defense counsel. Zaid added that if the Government
has nothing to hide, then it should not have so aggressively fought the defense's attempt
to place the theory under legal scrutiny.
The Defense Department is forcibly inoculating all 2.5 million active duty personnel,
regardless of duty station or responsibilities, against anthrax at an estimated cost of
$130 million. The immunization series calls for six injections of the vaccine over a
period of 18 months, followed by annual booster shots. Vaccinations began in March 1998.
The FDA approved the vaccine in 1970. However, concerns have been raised about the
vaccine's effectiveness against massive doses of weaponized anthrax anticipated in an
intentional biological warfare attack. In addition, the only FDA-approved manufacturer,
the Michigan Biologic Products Institute (now BioPort), has been repeatedly cited for
quality control problems.
The Pentagon's Anthrax Vaccination Immunization Program has been the subject of intense
public criticism, particularly for the issuance of misleading and false statements
concerning the vaccine. Hundreds of service-members have refused to accept the vaccine,
and many have been dissuaded from filing reports with the FDA concerning possible adverse
reactions. More importantly, dozens of reserve fighter and supply pilots are quitting
rather than take the vaccine, thereby jeopardizing the Air Force's capabilities to conduct
an air war. Several Congressional members have requested Secretary Cohen to cease the
program or make it voluntary.
"Today's trial is only the beginning of the battle the Department of Defense's
anthrax vaccination program. The deficiencies in the program will be brought to the
attention of the American people so that all can see the hypocrisy that underlies the
policy," said Zaid. He added that it is imperative that more members of the U.S.
Congress challenge the Pentagon's implementation of the AVIP.
In April 1998, Zaid was the first attorney to represent military personnel refusing the
vaccine when several sailors onboard the U.S.S. Independence refused to submit to the
vaccination. In March 1999, JMP represented the first anthrax refuser at Travis Air Force
Base in his court-martial. In addition to the Marines at Twenty-Nine Palms, JMP represents
Marines facing court-martial proceedings at Camp Pendleton and Miramar Marine bases, both
of which are located in California. Zaid testified at the first oversight hearing on the
anthrax vaccine held by the Subcommittee on National Security, Veterans Affairs, and
International Relations of the Committee on Government Reform in the U.S. House of
Representatives on March 24, 1999.
The other Marines at Twenty-Nine Palms who have refused the vaccine are: Lance Corporal
Jason Austin (Borger, Texas), Lance Corporal Michael McIntyre (Mt. Vernon, Washington),
Lance Corporal Jared Johnston (Henrietta, Oklahoma), and Lance Corporal Michael Metzig.
JMP is a Washington, D.C.-based non-profit organization with the primary purpose of
educating the public on issues relating to intelligence gathering and operations, secrecy
policies, national security and government wrongdoing. JMP also handles litigation under
the Freedom of Information and Privacy Acts, including representation of news
organizations, journalists, authors, intelligence officers, whistleblowers or others who
allege harm at the hand of a government, foreign or domestic, in matters involving
intelligence, national security and government accountability issues.
The Court-Martial Proceeding is open to the public and the media. Questions should be
directed to the Public Affairs Office.
Our Anthrax information web site: http://www.dallasnw.quik.com/cyberella/
To unsubscribe from this mailing list, or to change your
subscription to digest, go to the ONElist web site, at
http://www.onelist.com and select the User
Center link from
the menu bar on the left.