The recent Federal Court ruling halting the anthrax vaccine program is an important step in assuring our soldier's legal rights are upheld. But an important item to understand is that at this time only the very narrow investigational new drug (IND) issue has been adjudicated. As you may know this is the tip of the iceberg, with improper non-finalized licensure, Gulf War era illegal adulterating manufacturing changes, and a failure to study the vaccine as a possible cause of GWI being even more grave unresolved issues.

Our DoD has asked the judge only stop the program for the 6 anonymous soldiers named in the suit, which is absurd since they are violating ALL soldier's health rights. As a result, please contact your Congressional members and encourage them to support the judge's decision. We are hopeful that the President will also support the rule of law and not be misled by anyone that lacks the courage to finally do the right thing. The quotes below are an encouraging sign that the top American officials support our troops versus the previous officials who broke the law.

Please also read the attorney's note at the end of mine for further recommended guidance. You can contact your Congressional members and their staff through a toll free number for the Congress -- 800-648-3516 -- your tax dollars at work.

Merry Christmas,

Major Thomas L. Rempfer

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Presidential Candidate George W. Bush

“The Defense Department’s Anthrax Immunization Program has raised numerous health concerns and caused fear among the individuals whose lives it touches. I don’t feel the [Clinton] administration’s anthrax immunization program has taken into account the effect of this program on the soldiers in our military and their families. Under my administration, soldiers and their families will be taken into consideration.” [US Medicine. Sep. 2000.]

Senator Frist, Republican leader in the Congress

"The vaccine is a dated vaccine, it's an old vaccine. There are very real and potentially serious side effects from the vaccine and anyone who elects to receive the vaccine needs to be made aware of that. I do not recommend widespread inoculation for people with the vaccine in the Hart Building … There are too many side effects and if there is limited chance of exposure the side effects would far outweigh any potential advantage." [CNN. Dec. 18, 2001.]

Stephen Hadley, Bush administration Deputy National Security Advisor.

“The vaccination program is a very serious issue. Maintaining the trust and confidence of our men and women in uniform is critical to the future of our armed forces. Some months ago, Governor Bush called for the Commander-in-Chief and our military leaders to be very mindful of the concerns of our men and women in uniform and their families about the vaccine, and called for the government to do more to address their concerns. Hopefully the [Clinton] administration will respond.” [The NewsHour, Sept. 2000.]

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TO: All those interested in ensuring the anthrax vaccination program remains voluntary

FROM: Mark S. Zaid, Esq.

DATE: December 25, 2003

RE: Next Steps

_______________________________________________________________

1. The decision of the Honorable Emmet Sullivan of the US District Court for the District of Columbia agreeing that the anthrax vaccine is experimental for purposes of combating inhalational anthrax was a significant victory. However, this was just a battle. The war continues.

2. I am receiving many e-mails from service members, civilian contractors and their family members. I will try to respond to each as I can. For now, this message will attempt to answer the looming questions.

3. For those who want to know how this ruling will impact their prior disciplinary actions, this question is premature. This will become an issue if we can maintain our current posture but we do not know if the ruling is temporary or will become permanent.

4. The government has already filed a motion to limit the applicability of the court's ruling to only the six plaintiffs. That is, the policy would remain in effect for everyone (i.e., mandatory) except for the six individuals in the lawsuit. Although this is absurd from a policy standpoint, there is legal precedent to support this posture. We will, of course, be opposing this effort. Our response may include seeking to certify the lawsuit as a class action or including every single individual who wishes to join and refuse the vaccine. The government will undoubtedly appeal the decision and we will fight that. Additionally, there is also a concern that the DoD will seek a presidential waiver.

5. THIS IS WHAT EVERYONE NEEDS TO DO IMMEDIATELY:

(a) Contact your Congressional representatives (both House and Senate) immediately, both in the DC and district offices. Provide them with a copy of the judge's decision (you can obtain a copy on numerous news websites such as CNN, CBS or legal websites such as www.findlaw.com). It is best to call and write. E-mail is usually ineffective unless you have a specific e-mail address for a staff member. Do not bother with generic office e-mails. Request that the Congressional member support legislation to stop the mandatory anthrax vaccine program. MOST IMPORTANTLY, given that this 2004 is an election year for most, tell them that you will NOT vote for them unless they help you with this issue. Additionally, ask that they write to President Bush and tell him NOT to issue a waiver.

(b) Send a letter directly to President Bush advising him that you will NOT vote for him in 2004 if he issues a waiver.

(c) Contact the editorial boards of your local and state newspapers and ask them to write an editorial that supports Judge Sullivan's ruling (the LA Times already has).