According to a year-long investigation by the House Energy and Commerce Committee Republicans, former National Institute for Allergies and Infectious Disease (NAIAD) Director Dr. Anthony Fauci and a dozen other NIH directors do not appear to have been legitimately appointed to their positions.
According to GOP committee aides speaking on background, Mr. Fauci and the others were supposed to serve five-year terms beginning no later than December 13, 2021, but repeated requests to Secretary of Health and Human Services Xavier Becerra for documents confirming the appointments have been ignored or delayed since March 2022.
Every choice made by the directors, most importantly the recipients of over $26 billion in research awards, might be the subject of protracted litigation or be completely thrown out due to doubts about their legal standing.
“We are being cautious about the implications here because this is unprecedented,” one of the GOP aides told journalists. It is not clear, the aides said, if, for example, the entire award process would have to be repeated, a process that could cause chaos among researchers and additional costs to taxpayers.
The most recent grant to Eco-Health Alliance, a non-profit organization based in New York through which the NIH donated at least $1.7 million to the Wuhan Institute of Virology in China, is one of the $26 billion in grants that are currently under scrutiny. Many intelligence and biological professionals concur that the COVID-19 coronavirus, which has killed more than 1 million Americans, originated at the Wuhan lab. Federal authorities declared a national pandemic in response to the illness, which caused significant social, political, and economic harm and persisted for more than a year.
A spokesman for the Department of Health and Human Services (HHS) defended the appointments, reportedly saying that “the committee’s allegations are clearly politically motivated and lack merit. As their own report shows, the prior administration appointed at least five NIH IC officials under the process they now attack. The Department stands by the legitimacy of these NIH IC Directors’ reappointments.”
In a July 7, 2023, letter to Mr. Becerra, Rep. Cathy McMorris Rodgers (R-Wash.), the energy and commerce chairman, said his “failure to follow the law and ensure accountability of billions of dollars in taxpayer funding at [NIH] … could have grave implications for the validity of actions taken by 14 NIH Institute and Center (IC) Directors during their unlawful tenure, including former National Institute of Allergy and Infectious Disease (NIAID) Director Dr. Anthony Fauci.”
Rep. Morgan Griffith (R-VA), leader of the panel’s oversight and investigations subcommittee, and Rep. Brett Guthrie (R-KY), chairman of the health subcommittee, also joined Ms. McMorris Rodgers in signing the letter to Mr. Becerra.
The 21st Century Cures Act, which was adopted by Congress and signed into law by former President Barack Obama, required Mr. Becerra to appoint the 14 to fresh five-year terms by December 13, 2021. According to the signers, this was the root of the issue. Additionally, the Cures Act stipulates that the HHS secretary, not the NIH director, must make the appointments.
“It has become increasingly clear that you never appointed or reappointed the 14 NIH IC Directors in December of 2021. HHS and the NIH repeatedly assured the committee that the NIH IC Directors were validly reappointed but did not produce proper supporting documentation,” the signers told Mr. Becerra.
“For example, in its first response to the committee on April 5, 2022, the NIH claimed ‘[a]ll current IC Directors who were serving as of December 13, 2016, have undergone review and have been reappointed to new 5-year term appointments,’ and submitted a chart showing that the NIH Director was the official who made the reappointments of the NIH IC Directors, which even if true, is contrary to what the law requires,” they said.
The signers informed Mr. Becerra that despite repeated inquiries from the committee to HHS for documentation relating to the 14 nominations, they had not received any firm responses up until a few weeks ago.
“On June 19, 2023, HHS finally produced documents, titled ‘Ratification of Prior Selection and Prospective Appointment: Appointment Affidavit’ (hereinafter ‘Appointment Affidavit’), and signed by you, purporting to show that some of the NIH IC Directors at issue were reappointed,” the signers wrote.
“However, the Appointment Affidavits were signed on June 8, 2023, and June 15, 2023—not December 13, 2021. Critically, no appointment affidavits were produced for two NIH IC Directors, Dr. Fauci and Dr. Roger Glass, who were serving in December 2016, but retired before June 2023,” they continued.
The signers said the June 2023 appointment affidavits “purport to ratify the prior selection of the NIH IC Directors and to prospectively reappoint them. Here selection refers to actions taken by the NIH Director to identify candidates to recommend to [Becerra] for appointment.”
But the affidavits describe the reappointments as prospective, which means, according to the signers, that “the June 2023 reappointments do not retroactively ratify the decisions that NIH IC Directors made while not lawfully appointed—those decisions occurring between December 14, 2021, and the June 2023 reappointments affidavits. A recent U.S. Court of Appeals decision also suggests that actions taken by NIH IC Directors while they were not lawfully appointed are legally invalid.”
The signers added that Mr. Becerra’s “failure to follow the 21st Century Cures Act and reappoint 14 of the 27 IC Directors, which represents just over 50 percent of NIH IC Directors, is unacceptable. You have not complied with your oath to faithfully discharge the duties of your office.”
The House Republicans also accused HHS and NIH officials of spending “15 months obstructing the committee to cover up your failure only makes matters worse. HHS and the NIH should have known within days of receiving the committee’s March 14, 2022, letter that the reappointments as legally required had not occurred.”
The impact on the NIH will be nearly incalculable if the signers are right that every decision made by the IC officials after December 14, 2021, was unlawful. This is because, in addition to putting nearly $26 billion in research grants in jeopardy for what could be years of expensive litigation, contracts that have already been signed, personnel actions, including hiring and firing, and policy decisions, will also be in tumult.
Biden Administration’s Nicotine Ban: A Move Toward Regulation or a Boost for Cartels?
In a controversial move during its final days, the Biden administration is advancing a proposal to drastically lower nicotine levels in cigarettes, effectively banning traditional products on the market. While the administration frames the measure as a step toward reducing smoking addiction, critics argue it will backfire, fueling black markets and empowering criminal cartels.
Regulatory Shift with Broad Implications
The Food and Drug Administration (FDA) confirmed that its proposed rule to establish maximum nicotine levels in cigarettes has completed regulatory review. The measure is part of a broader effort to make cigarettes less addictive, potentially shaping one of the most impactful tobacco policies in U.S. history.
FDA Commissioner Robert Califf previously stated that the initiative aims to “decrease the likelihood that future generations of young people become addicted to cigarettes and help more currently addicted smokers to quit.” However, opponents warn that this policy could create new public safety and economic challenges.
A “Gift” to Organized Crime
Critics of the proposed regulation, including former ATF official Rich Marianos, are sounding the alarm. Marianos described the plan as a “gift with a bow and balloons to organized crime cartels,” arguing that it would open the floodgates for illegal tobacco trafficking.
Mexican cartels, Chinese counterfeiters, and Russian mafias are well-positioned to exploit the demand for high-nicotine cigarettes. These groups, already entrenched in smuggling operations, would likely ramp up efforts to meet consumer demand. This shift would not only enrich organized crime but also compromise public health by introducing unregulated, potentially more harmful products into the market.
Unintended Consequences for Public Health
While the FDA’s goal is to reduce smoking rates, experts suggest the policy may have the opposite effect. Smokers could resort to “compensatory smoking,” consuming more cigarettes to achieve their desired nicotine levels. This behavior increases exposure to harmful chemicals like tar, negating the intended health benefits.
Additionally, the regulation could discourage smokers from transitioning to safer alternatives, such as vaping or nicotine replacement therapies. By removing higher-nicotine products from the legal market, the government risks alienating individuals who might otherwise seek healthier pathways to quitting smoking.
National Security and Economic Concerns
Beyond health implications, the nicotine ban raises significant national security issues. A 2015 State Department report highlighted the role of tobacco trafficking in funding terrorist organizations and criminal networks. Reducing nicotine levels in cigarettes could expand this illicit market, providing criminal groups with a lucrative new revenue stream.
Moreover, law enforcement agencies could face increased pressure as they work to combat tobacco smuggling alongside ongoing efforts to address opioid and fentanyl trafficking. This strain on resources could compromise broader public safety initiatives.
Balancing Public Health and Freedom
The proposed nicotine reduction also ignites debates over personal freedom. While reducing addiction is a laudable goal, critics argue that adults should retain the right to make their own choices regarding tobacco use. For many, the measure feels like government overreach, imposing a paternalistic approach to health regulation.
As the Biden administration pushes forward with its nicotine reduction proposal, the policy’s broader implications remain uncertain. While intended to curb addiction and promote public health, critics warn of significant risks, including empowering organized crime, increasing smoking rates, and straining law enforcement resources.
A more balanced approach—focused on education, harm reduction, and access to cessation resources—may better address smoking-related challenges without creating new societal harms.
As President-elect Donald Trump prepares to assume office, the Department of Justice (DOJ) is considering charges against approximately 200 additional individuals for their roles in the January 6, 2021, attack on the U.S. Capitol. This includes about 60 suspects accused of assaulting or impeding police officers during the riot that disrupted the certification of the 2020 presidential election results.
To date, around 1,583 people have faced federal charges related to the events of January 6, with over 600 charged with felonies involving assaults on law enforcement. The DOJ’s recent disclosure marks the first time prosecutors have provided an estimate of uncharged cases, signaling the potential scope of ongoing investigations. Notably, prosecutors have exercised discretion by declining to charge approximately 400 cases presented by the FBI, focusing instead on individuals who committed multiple federal offenses.
The impending inauguration of President-elect Trump, who has indicated plans to pardon individuals involved in the Capitol attack, adds complexity to these proceedings. His statements have led some defendants to seek delays in their trials, anticipating potential clemency. Judges have expressed concerns about the implications of such pardons, emphasizing the importance of accountability for actions that threatened democratic processes.
As the DOJ continues its efforts, over 200 cases remain pending, underscoring the enduring legal and political challenges stemming from the January 6 events. The situation remains dynamic, with the potential for significant developments as the new administration takes office.
A newly released report alleges that the Biden administration withheld information that pointed to a lab leak in China as the origin of the COVID-19 pandemic from U.S. intelligence agencies, while working with social media platforms to suppress dissenting voices challenging the official narrative. According to the Wall Street Journal, the report claims that the suppression of alternative viewpoints was part of a broader effort to control the narrative surrounding the origins of the virus, particularly the zoonotic theory that COVID-19 jumped from animals to humans.
The debate over the origins of COVID-19 has become a focal point for concerns over censorship and government influence. While some agencies, such as the Centers for Disease Control and Prevention (CDC), supported the zoonotic theory, the FBI stood apart, asserting with “moderate confidence” that a lab leak was the most plausible origin. However, despite this assessment, the FBI was excluded from an intelligence briefing for President Biden in August 2021, leading to concerns from officials within the agency about the omission of their perspective.
The Wall Street Journal’s report highlights the role of social media platforms in silencing opposing views. Public health officials and government agencies allegedly collaborated with platforms like Facebook to remove or flag content that questioned the zoonotic-origin theory. Rep. Jim Jordan, a member of the House Judiciary Committee, revealed that the White House had pressured Facebook to censor narratives contrary to the official stance.
The report also raises concerns about potential conflicts of interest. Adrienne Keen, a former State Department official, was involved in advocating for the World Health Organization’s (WHO) zoonotic findings despite criticism of the WHO’s reliance on data from China. This involvement has led to questions about her impartiality, with some critics suggesting that her work may have discredited the lab leak hypothesis to protect Chinese interests.
Domestic efforts to suppress the lab leak theory were also widespread. Public health officials dismissed the theory as a baseless conspiracy, and social media platforms removed content that raised doubts about the official narrative. The National Institutes of Health (NIH) later acknowledged funding gain-of-function research at the Wuhan Institute of Virology, which could have played a role in the virus’s development, but questions about the research were often dismissed as unscientific or even racist.
Internally, the suppression of information extended to government agencies. The Defense Intelligence Agency (DIA) and the National Center for Medical Intelligence (NCMI) reportedly concluded that the virus was genetically engineered in a Chinese lab, but up to 90% of their findings were excluded from official reports. The DIA’s Inspector General has launched an investigation into the suppression of these critical contributions.
As more evidence supporting the lab leak theory has emerged, support for this explanation has grown. In 2023, the Department of Energy joined the FBI in concluding that a lab leak was the most likely origin of the virus. Former Director of National Intelligence John Ratcliffe has also supported this view, citing the intelligence community’s access to the most information on the matter.
The growing consensus around the lab leak theory raises questions about why it was suppressed for so long. Critics argue that the censorship and control of narratives not only delayed crucial inquiry into the origins of COVID-19 but also undermined public trust in the institutions tasked with managing the pandemic.
This case highlights broader concerns about government-directed censorship and its impact on free speech. The suppression of alternative viewpoints, especially when it comes to critical issues like the origins of a global pandemic, has far-reaching implications for public discourse and democratic principles.
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