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COVID vaccine fraud prosecution could force feds to share correlated deaths data: targeted doc

Advised by vaccine-skeptic philanthropist Steve Kirsch, Utah's Kirk Moore plans to use legal discovery to get records government has refused to make public.

Published: April 11, 2023 11:27pm

A plastic surgeon indicted for COVID-19 vaccine fraud believes his prosecution could blow the lid off the alleged connection between the therapeutics and deaths — if a judge agrees to expose the government records believed to document the connection.

Utah's Kirk Moore is soliciting and receiving advice from Vaccine Safety Research Foundation Executive Director Steve Kirsch, a philanthropist once courted by Democratic presidential hopefuls, on what documents to request in legal discovery in a bid to pursue "jury nullification."

The January grand jury indictment alleges Moore, his Plastic Surgery Institute of Utah and codefendants accepted "direct cash payments" or purported charitable donations in exchange for "fraudulently completed vaccination record cards" for more than 1,900 doses that were never administered, according to a Justice Department press release

The alleged scheme destroyed more than $28,000 worth of government-provided vaccines, including those meant for children who actually received saline shots "at the request of their parents," according to DOJ.

Moore left a comment on Kirsch's newsletter last week about his prosecution and plan to "get as much data as possible" held by the feds to buttress his defense, asking what data he should request. "This could be monumental for all of us."

He invoked the so-called Brady rule, which requires prosecutors to disclose "material, exculpatory information" to the defense by default, without prior request, even if it only has the potential to reduce a sentence, according to Cornell Law School's Legal Information Institute.

His interest was piqued by Kirsch's April 5 newsletter post on authorities' refusal to release granular data that could show the inherent risk of COVID vaccination. "Every state has both death and vax status databases" and a "simple merge of the two tables" would show how many days elapsed from each vaccine dose for each person who died, Kirsch wrote. 

Moore's lawyer Kathryn Nester told Just the News she couldn't confirm what his defenses will be "at this time" but expects to file public "motions in the near future concerning discovery matters."

Kirsch believes federal prosecutors have given "the anti-vax movement in America the greatest gift ever" by charging Moore, potentially giving his defense "the secret public health records of every state" allegedly showing the neat overlap between COVID vaccination and deaths. 

He "cannot be denied discovery to show that the vaccines are deadly," perhaps leading jurors to conclude his alleged actions may have saved lives, according to Kirsch. 

The philanthropist pointed to historic and contemporary uses of jury nullification — an option defendants typically can't suggest to juries — such as in low-level drug prosecutions. A former federal prosecutor argued in The Washington Post in 2016 that jurors should use the tool to reduce racial disparities in prosecution.

Kirsch asked readers to contribute to Moore's defense fund and for lawyers to reach out with legal help, but didn't answer Just the News queries about what exact role Kirsch is playing and the basis for his confidence that the courts will approve discovery for records perhaps only distantly related to Moore's fraud charges.

"The issue is that all civil cases to date have not survived motions to dismiss," Moore told Just the News. "If I am permitted to put up any semblance of a defense, I should be entitled to all data regarding the Covid shots. Fraud vitiates fraud."

He mentioned the "necessity defense" Kirsch had floated in his post, under which unlawful activity "cannot be avoided" in order to "prevent the occurrence of a harm that is more serious," but said they haven't made a decision on it yet. If Moore isn't allowed to present such a defense, that will "make the decision ripe for appeal," he said.

Obtaining the mother lode of correlated vaccine-death data could be a boon to a movement that has thus far relied on global research documenting higher-than-expected associations between COVID vaccines and severe adverse events (SAEs) in certain demographics. 

Perhaps best known is heart inflammation for predominantly young males, who face little risk from SARS-CoV-2 itself. In briefing materials for its outside advisers in January, the FDA didn't mention Pfizer's promised study on "subclinical myocarditis" in boosted young adults or the "stroke signal" in boosted elderly the feds initially detected then waved off.

The U.S. and its one-size-fits-all vaccination strategy is increasingly an international outlier. The World Health Organization recently stopped recommending jabs entirely for "healthy children and adolescents," prompting the CDC to imply the guidance was directed toward poorer countries.

Scandinavian countries were early to either ban or recommend against Moderna's vaccine in young adults due to more frequent SAEs, and the U.K. in January pulled back both primary-series and booster jabs across age ranges without elevated risk from the virus.

Switzerland stopped recommending vaccination for even high-risk groups this week, citing near-total levels of vaccine-induced immunity or prior infection in the population.

University of California San Francisco epidemiologist Tracy Beth Hoeg flagged a March 20 case report in Elsevier's Legal Medicine of a healthy 14-year-old Japanese female athlete who died of "multi-organ inflammation" two days after her Pfizer booster.

Robert Malone, the mRNA vaccine pioneer-turned-critic, last month shared a translation of a column in the Portuguese media organization Pagina Um. It purported to find more than 3,600 miscarriages and fetal deaths among vaccinated pregnant women from 2021 through the first week of February in Europe's EudraVigilance adverse-event database, mostly reported by health professionals and pharmaceutical companies.

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