7 States Won’t Comply with Vaccine Mandate for National Guard, Issue Legal Challenge | Facts Matter
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Good evening.
Three days ago, the state of New Jersey, they reached a $53 million settlement with the families of senior citizens who died in state-run veteran care facilities.
That settlement, by the way, it was centered around the question of how the government handled the COVID outbreak among the seniors while they were in their care.
And then lastly, as vaccine mandates are being handed down across the entire military, well, seven states are fighting back.
That's because the governors of Oklahoma, Nebraska, Wyoming, Mississippi, Alaska, Iowa, as well as Texas, they have come out and said that they will not allow their National Guard troops to be forced to comply.
Let's go through it all together.
This is your daily Facts Matter update, and I'm your host, Roman, from the Epoch Times.
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And now, let's begin today's discussion over in the state of New Jersey.
According to a report which just came out three days ago, the state of New Jersey will pay around $53 million as a settlement to the families of senior citizens who died as a result of the way that the government handled the COVID outbreak inside of veteran care facilities.
Now, let me give you a bit of background on this particular case.
In 2020, over 200 residents within New Jersey's veteran care facilities, they died from COVID.
Specifically, these individuals died at three state-run veterans' homes, with the one in Menlo Park having 109 deaths, which, by the way, that represented about one-third of all the senior citizens in that particular home.
And then you also had the facility in Paramus with 89 deaths and Vineland with 13 deaths.
Now, having 200 seniors die from COVID is, of course, a tragedy.
However, what adds salt to the wound is the fact that the family members of these seniors, they say that this was actually a preventable tragedy.
Specifically, the families of these seniors, they pointed to how the state-run facilities, they had very questionable practices in the early days of the pandemic, such as being slow to separate infected residents from uninfected residents, as well as by allowing staff members to go in and out of rooms with those who were sick with COVID and then going into as well as by allowing staff members to go in and out of rooms with those who were sick with COVID and And just one example of the claims that were made against the state in In the lawsuit that was filed on behalf of Ms.
Rose Dente, who was a widow of a U.S. Army veteran, her family alleged that she died from COVID back in March because of, quote, gross departures from the standards of nursing care and infection control.
And in her particular case, her family cited specifically that at the veteran's home in Menlo Park, the administrators discouraged the use of masks and gloves, while at the same time, they kept open the common areas where infected, as well as healthy residents, were allowed to commingle.
And so that is just one example of what happened, just one case out of these 200.
And by the way, just as an aside, when I was reading that particular case, I really found it striking how in this particular senior home, the people were discouraged from wearing gloves and masks, and at the same time, the common areas where people commingled were kept open, while right now, at the very same time, you have cities like New York, where young people like myself are forced to wear masks in public areas, like the subway, for instance, while at the same time we are discouraged from commingling.
In public areas.
It's a little bit funny how that happened.
Maybe that's an overreaction to these cases here with the senior citizens.
Regardless, though, so many senior citizens wound up dying in these veteran homes that a federal investigation was eventually opened up.
In fact, in this regard, here's what former U.S. Attorney Craig Carponito wrote to the New Jersey Governor Phil Murphy back in the year 2020.
There is cause for concern that the quality of medical care at these nursing homes has been deficient.
Our investigations will focus on whether the veterans' homes engage in a pattern or practice of violating the rights of veteran residents under the U.S. Constitution or federal statute by failing to provide them adequate medical care generally and during the coronavirus pandemic in particular.
However, back in October of 2020, when that particular federal investigation was first opened up, the governor of New Jersey openly dismissed it, saying that it was just an example of the Trump administration trying to politicize this particular matter.
Here's specifically what Governor Murphy's office said back then.
The fact that this request from the Department of Justice was announced a week before Election Day speaks volumes about the nature of the review.
From the beginning of the pandemic, the state of New Jersey has relied on CDC guidance from the federal government to protect the residents of our veterans' homes.
However, that was back in November of 2020, so about 13 months ago now.
And so if you fast forward to today, well, you get a much different picture.
Because as we mentioned earlier, the state of New Jersey has, just three days ago, decided to settle the lawsuit with the families of these seniors for a grand total of $53 million.
Meaning that each of these families will receive an average of $445,000 with the exact amount that will be given to each particular family to be determined later in arbitration proceedings.
Here's specifically what an official from the governor's administration told local news outlets just three days ago.
The families of those who have lost their lives to COVID-19 have gone through so much.
This settlement will hopefully allow them to move forward without years of protracted and uncertain litigation.
Now, besides this lawsuit with the individual families being settled, it is worth noting that the federal investigation into these veteran homes is still ongoing.
And so we'll just have to wait and see what that investigation uncovers.
And until then, if you would like to read more about what happened in these veteran homes, as well as about this $53 million settlement, I'll throw all that into the description box below this video for you to check out.
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Now, let's move on over and talk about the National Guard.
So, you're likely aware that at this very moment, the Pentagon is pushing vaccine mandates on all branches of the military throughout the entire country.
However, in regards to the National Guard troops, well, the Pentagon is running into the challenge of Republican governors who are not willing to comply.
So, let me give you a bit of background on what exactly is happening in regards to the National Guard.
Last month, Mr.
Lloyd Austin, who is of course the Biden administration's Secretary of Defense, he released a statement saying that members of the National Guard who refuse to get the vaccine will no longer be able to participate in training.
They will risk having their pay withheld.
Specifically, in a memo, Mr.
Austin stressed that vaccination is essential to the health and readiness of the military in general.
And then specifically, he added this about the National Guard.
The chief of the National Guard Bureau should establish policies and implementation guidance to address the failure to maintain this military medical readiness requirement by members of the non-federalized National Guard who remain unvaccinated.
Then, when you go a little bit further down into that memo, it says that unvaccinated members of the National Guard who don't get the shots by June 30, 2022, which is the deadline, they will be barred from participating in drills, in training, as well as most other duties.
And then furthermore, they will also have their pay withheld, and if they continue to comply, they will be fired altogether.
However, not all states agree with this vaccine mandate, and some states are actually fighting back.
For instance, we have already discussed on a previous episode how the Oklahoma National Guard has essentially rebelled against the Pentagon's orders on this matter, and they are now currently in the process of suing the Department of Defense over the fact that they are now willing to issue vaccine waivers to soldiers who don't wish to get the shot.
And the reason that this lawsuit can even take place is because during the times that the National Guard is not being mobilized by the federal government, the troops are actually led by the governor of their state.
It means that the governor is the commanding authority over the National Guard soldiers when they are within the state's borders, during the times, essentially, when they are not being mobilized by the Pentagon, by the federal government.
And so, for instance, right now, right at this very moment, while the Oklahoma National Guard troops are on state active duty, they report to the governor and they are paid by the state.
Not by the federal government, but by the state of Oklahoma.
And so, during this period of time, the Oklahoma governor is fighting back against the vaccine mandate by suing the Pentagon.
Here's specifically what Governor Kevin Stitt.
He's the governor of Oklahoma.
He's a Republican.
Here's what he wrote in regards to why he's not willing to comply.
This mandate violates the personal freedoms of many Oklahomans as it asks them to potentially sacrifice their personal beliefs in order to not lose their jobs.
All of our National Guardsmen take this calling very seriously.
These are patriotic citizens who are willing to put their lives on the line to protect others in our communities during times of greatest need.
Now, the Oklahoma governor's appeal, it was met with resistance from the Biden administration.
In fact, after the Oklahoma governor pushed back against the vaccine mandate, Mr.
Lloyd Austin, he released a memo insisting that all members of the National Guard must be vaccinated or risk being borrowed from training and from being paid.
Here specifically what he wrote.
No credit or excused absence shall be afforded to members who do not participate in drills, training, or other duty due to failure to be fully vaccinated against COVID-19.
However, the resistance has now spread to other Republican governors as well throughout the entire country.
For instance, earlier this month, the governor of Iowa, Ms.
Kim Reynolds, she wrote this to the U.S. Department of Defense.
It's unconscionable to think that the government will go so far as to strip these honorable men and women of the nation's top duties if they don't comply.
They protect the very freedoms that the federal government apparently doesn't believe they too deserve.
Then, two days later, the governor of Texas, Mr. Greenberg, Greg Abbott, he also signed on to the resistance on behalf of the Texas troops.
Specifically, in a letter that he wrote to the Pentagon, Governor Abbott, he condemned the vaccine mandate, he declared that he will not enforce it in the Texas National Guard, And he also said that he's prepared to take legal action in response to federal threats.
Here's specifically what he wrote.
And then further down in that letter, he countered the threat from the Pentagon with a threat of his own.
Here's what he wrote.
If the federal government keeps threatening to defund the Texas National Guard, I will deploy every legal tool available to me as governor in defense of these American heroes.
And then furthermore, besides these governors acting individually, earlier this month, the combined governors of Wyoming, Alaska, Iowa, Nebraska, as well as Mississippi, they sent this joint letter here to the Secretary of Defense.
saying essentially that the national vaccine mandate on National Guard troops is beyond his authority.
Here's specifically the argument, the legal argument that they're making here.
The U.S. Supreme Court has for decades affirmed in cases that the National Guard is under the command and control of the governor of each state unless those members are called to active service under Title X. Now,
just to pause here for a quick moment, this argument here is exactly what we were discussing earlier, that unless the National Guard is mobilized by the Pentagon under Title X, they are actually under the command and the authority of the governor of each individual state.
Then the letter goes on to give more statutory arguments for why the Pentagon is actually outside of their legal authority in trying to oppose a vaccine mandate on the state troops.
And then they concluded the letter by saying this, quote, For these reasons, we request reconsideration of the directives from your office and the service secretaries concerning National Guard members in their Title 32 duty status.
Now, in response to these seven states pushing back against the mandate, the Pentagon has once again doubled down.
In fact, just last week, Mr.
John Kirby, who is the spokesman of the U.S. Pentagon, he made a statement during which he hinted at the fact that the federal government might attempt to actually prosecute any of the officials in any of these states if they refuse to enforce the mandate.
Here's specifically what Mr.
Kirby told reporters a week ago, it's our expectation that the chain of command for every guardsman, just like the chain of command for every active duty member of the armed forces, will manage the mandatory vaccine requirement appropriately.
And if they don't, then they too can be held to account under the Uniform Code of Military Justice for failure to obey a lawful order.
In that same statement, by the way, he further added that the vaccine mandate is non-negotiable for people wearing the uniform.
Here's specifically what he added.
It is a lawful order.
It is a valid military requirement to get the vaccine, and it does apply, as we've said before, to members of the National Guard.
Now, Mr.
Kirby, he did not specify whether the federal government has plans to actually prosecute the governors or even under what specific legal statute they would do so.
When he was specifically asked about it, he told those reporters to seek clarification from the National Guard Bureau.
However, as of today, the National Guard Bureau remains silent on the issue thus far.
Regardless, though, if you would like to read more about this schism that's developing between the seven states and the federal government in regards to the National Guard troops, I will throw a link into the description box below to all the documents that we've discussed thus far.
The links will be right down there, including the PDFs of all the letters, and all I ask in return is that you take a quick moment, if you haven't already, to smash, smash, smash that like button for the YouTube algorithm.
And now, since you've completed this episode of Facts Matter, I would highly recommend that you go on over to Epic TV and check out an awesome episode of Cash's Corner, where Cash Patel goes through the latest developments that are occurring behind the scenes in the Durham investigation.
Here's a trailer for that awesome episode.
You have, at least optically, is the Clinton campaign nested into the Danchenko camp and his representation.
All the information John Durham turns over in Discovery, they could conceivably give over to Hillary Clinton.
There are no coincidences in these types of prosecutions.
What I would be safeguarding against is a joint defense agreement between Danchenkoff and the Hillary Clinton campaign.
And I think that's what John Durham's also looking at.
If you want to check out that phenomenal episode, as well as all the other great content over on Epic TV, I'll throw a link to it.
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