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Judicial Watch Uncovers Multiple Cases of Illegal Molecular Research
Reported to NIH

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We received 2,369 pages
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of records from the National Institutes of Health (NIH) revealing more
than two dozen cases where research involving recombinant or synthetic
nucleic acid (r/sNA) molecules was conducted in America without proper
approval and in violation of NIH guidelines.

Americans deserve to know just how much illegal research is being
conducted in their country without any government oversight
whatsoever. These records appear to show that viruses that are
potentially worse than COVID-19 are being illegally created in labs in
our own country.

Recombinant or synthetic nucleic acid (r/sNA)
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molecules are constructed outside of living cells. The molecules are
made by joining DNA or RNA segments (natural or synthetic) to DNA or
RNA molecules that can replicate within a living cell. They may also
result from replication of previously constructed recombinant
molecules.

NIH guidelines
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detail
safety practices and containment procedures for basic and clinical
research involving recombinant or synthetic nucleic acid molecules –
including the creation and use of organisms and viruses containing
recombinant or synthetic nucleic acid molecules. These guidelines
require that any significant problems, violations, or any significant
research-related accidents and illnesses be reported to NIH within 30
days.

The documents we received show that the research, which occurred at
Biosafety Level 1/2/3 laboratories, led to dozens of dangerous
mishaps, accidents, and spills.

We obtained the records in response to a Freedom of Information Act
(FOIA) request to NIH asking for:

Any and all records maintained by the National Institutes of Health
including memoranda, draft memoranda, reports, email communications,
email chains, data compilation, and other communications regarding or
documenting accidents, incidents, illnesses and hazards identified
concerning (i) recombinant nucleic acid molecules, (ii) synthetic
nucleic acid molecules, including those that are chemically or
otherwise modified but can base pair with naturally occurring nucleic
acid molecules, and (iii) cells, organisms, and viruses containing
such molecules research which was conducted at Biosafety Level (BSL)
2, BSL 3 or BSL 4 laboratories, including government owned facilities,
hospitals, pharmaceutical companies, biotechnology firms, private
laboratories, university laboratories, international laboratories and
State public health laboratories.
Nearly 100 r/sNA incidents were reported to the NIH through their
email system. Following are incidents that were reported with the
subject line, “NIH Guidelines.”

In an email on February 12, 2020, Biosafety Officer for the University
of Nebraska – Lincoln Dr. Matt Anderson reports an incident
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that began in March 2018 wherein Dr. Shi-Hua Xiang created an HIV
pseudo virus containing Marburg
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glycoprotein M78 in a
university Biosafety Level 2 laboratory, for which he did not have
authorization.

The incident was discovered during a pathogen inventory, and Xiang was
told to cease any further work. During the investigation, it was
determined that Xiang was assisted by student researchers and that the
experiment had continued until enough virions
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were created to complete
the experiments that were testing novel peptide inhibitors of viral
entry. The report states that Xiang, who received
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a
master’s degree in Wuhan, China, completed NIH Guidelines training
in 2012, 2018 and 2019 on responsibilities of obtaining approval prior
to engaging in these types of experiments. This research was funded by
NIH under contract 1R2 1AI126299-01A1.

In an email
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on April 19, 2020, Chairman of the Institutional Biosafety Committee
of the Memorial Sloan Kettering Cancer Center in New York, NY, Dr.
Michael Glickman reports an incident at his facility where an
investigator was conducting unauthorized research constructing
recombinant Modified Vaccinia Ankara (MVA) expressing spike proteins
from SARS-COV-2 in violation of NIH Guidelines.

Upon discovery, the investigator was ordered to immediately halt the
unapproved research. It was determined during the investigation that
recombinant viruses had been generated and must be destroyed
immediately. The report did not mention the Biosafety Level of the
laboratory involved.

In an email
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on April 22, 2020, the Biosafety Officer for the University of North
Carolina, Chapel Hill, Dr. Garry Coulson reports an incident directly
to Kathryn Harris of the NIH Office of Science Policy.

Coulson states that a researcher who was working in a Biosafety Level
3 laboratory was bitten by a mouse infected with SARS COV-2 2AA. The
incident occurred on April 21, 2020, and the researcher was placed on
a mandatory fourteen-day quarantine and monitored for COVID symptoms.
The research was funded by NIH under grants U19AI100625 / U19AI142759
and contract HHSN27220170036.

In an email on May 19, 2020, the Associate Director of the Office of
Research, Office of Responsible Research Practices at The Ohio State
University Helen O’Meara reports an incident
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where Dr. Shan-Lu Liu had conducted unauthorized research in a
Biosafety Level 2 laboratory developing a pseudo typed lentivirus
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containing the gene
encoding for the SARS-COV-2 S protein. This research was in violation
of NIH Guidelines.

In an email on October 16, 2020, the IBC Chair of the New York Medical
College in Valhalla, NY, Dr. Paul Arnaboldi reports an incident
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discovered during an April 2019 Biosafety compliance investigation
wherein Petra Rocic had submitted false reports to the Institutional
Biosafety Committee indicating experiments that were actually
conducted did not occur.

Rocic was approved to inject mice with Adenoviral vectors
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containing EGFP, Adenoviral vectors containing micro-RNA-145, and
lentiviral vectors containing GPR-shRNA. After injection, the mice
were to remain in a Biosafety Level 2 laboratory for a minimum of 48
hours due to the potential for shedding the virus. During the
investigation, it was determined that the mice were immediately
returned to only a Biosafety Level 1 laboratory. The investigation
revealed these experiments took place in April 2014 and September 2017
and were funded under NIH Grant R01HL093052. It should be noted that
the security and safety precautions of a Biosafety Level 2 laboratory
are much more stringent
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than a
Biosafety Level 1 laboratory.

In an email on October 23, 2020, Biological Safety Officer for the
University of Central Florida, Dr. Don Sibley reported an incident
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that occurred from September 17, 2018, to September 23, 2020 in a
Biosafety Level 2 incubatory facility at the university. Dr. Hao Yu,
President & CEO of OncoTroy, was operating a private laboratory inside
the University of Central Florida Biosafety Level 2 incubator facility
and was conducting recombinant DNA experiments that he had not
obtained Institutional Biosafety Committee approval for, a violation
of NIH Guidelines.

On June 8, 2020, Dr. Garry Coulson, Biosafety Officer, University of
North Carolina, Chapel Hill, NC, sent an email
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to “NIH Guidelines” and other NIH officials, titled “NIH
Incident Report” reporting a researcher who spilled recombinant SARS
COV-2 NanoLuc virus while working with the virus inside a Biosafety
Level 3 laboratory. The researcher was placed on mandatory 14 days
quarantine and monitored for COVID symptoms. The research was funded
by NIH under grants U19AI100625 / U19AI142759 and contract
HHSN27220170036I.

On October 29, 2021, the U.S. Director of National Intelligence
released a declassified report
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on the origins of COVID-19. The report acknowledges that, “the first
human infection with SARS-CoV-2 most likely was the result of a
laboratory-associated incident, probably involving experimentation,
animal handling, or sampling by the Wuhan Institute of Virology.”

Through FOIA requests and lawsuits, we have uncovered a substantial
amount of information surrounding COVID-19, to include the
communications of Anthony Fauci and other U.S. officials, as well as
biosafety issues here in the United States. The findings include:

* May 2022: Galveston National Laboratory at the University of Texas
Medical Branch (UTMB) records
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showed that former director Dr. James W. Le Duc
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warned Chinese
researchers at the Wuhan Institute of Virology of potential
investigations into the COVID issue by Congress.
* May 2022: HHS records regarding biodistribution studies and
related data for the COVID-19 vaccines show a key component of the
vaccines developed by Pfizer/BioNTech, lipid nanoparticles (LNPs),
were found outside the injection site
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mainly the liver, adrenal glands, spleen and ovaries of test animals,
eight to 48 hours after injection.
* April 2022: Records from the Federal Select Agent Program (FSAP)
reveal safety lapses
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and violations at U.S. biosafety laboratories that conduct research on
dangerous agents and toxins.
* March 2022: HHS records include emails
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between National Institutes of Health (NIH) then-Director Francis
Collins
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and Anthony
Fauci, the director of National Institute of Allergy and Infectious
Diseases (NIAID), about hydroxychloroquine and COVID-19.
* March 2022: HHS records show the State Department and NIAID knew
immediately in January 2020 that China was withholding COVID data
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which was
hindering risk assessment and response by public health officials.
* December 2021: HHS records include a grant application for
research involving the coronavirus that appears to describe “gain of
function” research involving RNA extractions from bats, experiments
on viruses, attempts to develop a chimeric virus and efforts to
genetically manipulate the full-length bat SARSr-CoV WIV1 strain
molecular clone.
* August 2021: HHS records include an “urgent for Dr. Fauci
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” email chain,
citing ties between the Wuhan lab and the taxpayer-funded EcoHealth
Alliance
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The government emails
also report that the foundation of U.S. billionaire Bill Gates worked
closely with the Chinese government to pave the way for
Chinese-produced medications to be sold outside China and help
“raise China’s voice of governance by placing representatives from
China on important international counsels as high level commitment
from China.”
* July 2021: NIAID records reveal that it gave nine China-related
grants to EcoHealth Alliance
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to research
coronavirus emergence in bats and was the NIH’s top issuer of grants
to the Wuhan lab itself. The records also include an email from the
vice director of the Wuhan Lab asking an NIH official for help finding
disinfectants for decontamination of airtight suits and indoor
surfaces.
* June 2021: HHS records reveal that from 2014 to 2019, $826,277
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was given to the
Wuhan Institute of Virology for bat coronavirus research by the NIAID.
* March 2021: HHS records show that NIH officials tailored
confidentiality forms
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to China’s terms
and that the World Health Organization (WHO) conducted an unreleased,
“strictly confidential” COVID-19 epidemiological analysis in
January 2020.
* October 2020: Fauci emails
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include his approval of
a press release supportive of China’s response to the 2019 novel
coronavirus.

JUDICIAL WATCH APPEALS DISMISSAL OF SUIT BY COACH FIRED FOR OBJECTING
TO BLM/CRITICAL RACE THEORY CURRICULUM FOR DAUGHTER’S 7TH GRADE
HISTORY CLASS

Judicial Watch is committed to pushing in court for the rights of
parents and teachers to object to Black Lives Matter and other radical
content in schools. And we’re prepared to keep on pushing even when
a court goes the wrong way on these important matters.

We appealed a federal court decision dismissing a civil rights lawsuit
on behalf of David Flynn, a Massachusetts father who was fired from
his position as high school football coach after he raised concerns
over Black Lives Matter/critical race theory being taught in his
daughter’s seventh-grade ancient history class (_Flynn v. Forrest et
al.
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(No. 21-cv-10256)).

Our lawsuit, filed in the U.S. District Court for the District of
Massachusetts, sought damages against the superintendent, high school
principal, and high school athletic director for retaliating against
Flynn for exercising his First Amendment rights.

Judge Indira Talwani, who was appointed
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by President Barack
Obama, wrote multiple times in her opinion
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that Flynn exercised his First Amendment right to freedom of speech
when he raised his concerns to the city’s school committee:

[A] reasonable jury could find that Flynn’s criticisms were directed
at what he perceived to be the school district’s repeated failures
to adequately inform parents of the changes to the school district’s
curriculum and values and to address his daughter’s concerns.

***

A reasonable jury could find that Flynn’s email was sent in his
capacity as a parent to the person who convened the meeting and, in
Flynn’s view, did so with no intention of working through the issues
Flynn had raised regarding the curriculum and the teacher’s use of
the BLM emoji.

***

A reasonable jury could therefore find that the Flynn’s speech was
not related to his position as head football coach and that he spoke
predominantly as a concerned
parent.

***

The court accordingly concludes that a reasonable jury could find that
Flynn’s speech was protected speech.

***

[M]ere disputes over policy, without more, cannot outweigh Flynn’s
free speech interest; the right to express such disagreement is at the
core value protected by Free Speech Clause of the First Amendment.
Despite these findings, the court concluded that Flynn could be fired
because of his criticism of the school superintendent (even though the
letter firing him made no reference to the criticism).

The lawsuit
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details
that in September 2020, Flynn’s daughter’s seventh-grade history
class, which was listed as “World Geography and Ancient History
I,” was taught issues of race, gender, stereotypes, prejudices,
discrimination, and politics. The lawsuit explains:

In one assignment, Plaintiff’s daughter was asked to consider
various “risk factors” and “mitigating factors” that two
people – one identified as “white” and the other identified as
“black” – purportedly might use to assess each other on a city
street. Included among the various factors were skin color, gender,
age, physical appearance, and attire. “Black,” “aggressive
body language” and “wrong neighborhood” were among the “risk
factors” purportedly assessed by the person identified as
“white.” “White” and “Police officer” were among the
“risk factors” purportedly assessed by the person identified as
“black.”
Concerned about the abrupt change in curriculum, Flynn and his wife
contacted the history teacher and principal of the school – then
later Superintendent Michael J. Welch and three members of the Dedham
School Committee. On more than one occasion the Flynns asked for
assistance in resolving the issues with the curriculum. Ultimately, in
October 2020, the Flynns removed their children from school. The
Flynns’ list of concerns included:

* Dedham Public Schools changed the curriculum of the seventh-grade
history class without notifying parents or having a course description
and syllabus available for parents to review
* The new seventh-grade history class curriculum containing
coursework on politics, race, gender equality, and diversity that were
not suitable for twelve- and thirteen-year-olds;
* The seventh-grade history teacher not teaching topics
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of
politics, race, gender equality, and diversity objectively;
* The seventh-grade history teacher using a cartoon character of
herself wearing a t-shirt supporting a controversial political
movement
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and
* The seventh-grade history teacher using class materials
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that labeled all police officers as risks to all black people and all
black males as risks to white people.

In January 2021, Flynn, who had been the head football coach at
Dedham High School (DHS) since 2011, was called into a meeting with
Welch as well as the DHS principal and athletic director. At the
meeting, Welch handed Flynn one of the emails he had written to the
Dedham School Committee members and informed him that one of the
committee members asked Welch, “What are we going to do about
this?” At the end of the meeting Flynn was told that they, “were
going in a different direction” with the football program. Minutes
later, the superintendent, high school principal, and athletic
director released a public statement, stating that Flynn was removed
as head football coach because he “expressed significant
philosophical differences with the direction, goals, and values of the
school district.”

Flynn’s written objections to the BLM/critical race theory included:


The Superintendent has had the opportunity to make sure the Dedham
teachers conduct themselves as professionals and to teach the courses
objectively and without biased opinions. He chose not to. I believe
that the real men and women in the world are the ones who have the
ability to compromise, especially in extremely controversial
situations. Compromise allows people to experience life as a team.
This is where unity brings individual pride together and relationships
begin to strengthen. I believe all relationships are based on
compromise. The Superintendent was not willing to compromise. I
explained to him that if the teacher teaches the course objectively
and removes the BLM logo from the class, people will soon get over the
fact that the class was purposely created without notifying parents
and without having a visible course curriculum, syllabus and learning
objective. Apparently, it does not mean much to him that the Dedham
Public School System is losing two wonderful students.
We noted in a court filing
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that the superintendent of the school system later agreed with
Flynn’s position and Dedham Public Schools changed their policies a
few months after Flynn’s email:

With respect to the first two issues, Superintendent Welch agrees that
they are matters of public concern. He believes the Flynns’ concerns
about the failure to notify parents about the curriculum change were
valid, and Dedham Public Schools changed their policies in the months
after the October 22, 2020 email…. (“We’ve made changes in
policy at the school committee level. We’ve established a curriculum
advisory that incorporates parent and community members to broadly
review any changes around curriculum or concerns that may arise. And I
made it clear to [the Assistant Superintendent] that if were there
changes that were occurring in curriculum, we should be notifying
parents in advance so they’re aware.”).
We also informed the court that the Superintendent and several
school committee members, like the Flynns had concerns about the
teacher’s use of a Black Lives Matter Memoji.

Coach Flynn deserved better from the court, which confusingly found
that he properly exercised his First Amendment rights on matters of
public concern while finding he could not criticize the top political
appointee in the school system.

TSA HIRING DIVERSITY/INCLUSION CHIEF THOUGH MOST EMPLOYEES ARE
MINORITIES

We’ve been reporting on failures at the Transportation Security
Administration (TSA) for years: diverting
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resources to investigate non-masked passengers, punishing
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whistleblowers for reporting misconduct among managers, losing
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badges used to access secure areas.

Now this befuddled agency is going woke, further directing its
attention away from your security. Our _Corruption Chronicles_ blog
reports
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Although the majority of Transportation Security Administration (TSA)
employees come from “underrepresented racial and ethnic groups
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the agency is hiring a Chief Diversity and Inclusion Officer at the
recommendation of a special Inclusion Action Committee (IAC) created
after George Floyd’s death. The head of the Homeland Security agency
created after 9/11 to protect the nation’s transportation system
says the new Chief Diversity and Inclusion Officer will report
directly to him and will help drive cultural change, establish a new
leadership principle focused on supporting and sustaining an inclusive
culture and ensure that performance plans for TSA executives focus on
inclusive leadership. Despite a 55% racial and ethnic minority staff,
the agency with 60,000 employees will work to ensure it is inclusive
and that diversity is reflected at all levels, according to an
extensive report
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published by the in house IAC.

The effort is part of a robust movement by the Biden administration to
incorporate racial equity across all federal agencies. The plan was
launched back in January 2021 when the president issued an executive
order
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to advance racial equity and support for underserved communities
through the federal government. The president’s document claims that
“entrenched disparities” in laws, public policies, and private
institutions have denied equal opportunity to individuals and
communities and that the health and climate crises have exposed
inequities while a “historic movement for justice has highlighted
the unbearable human costs of systemic racism.” Therefore, the order
states, the federal government should pursue a “comprehensive
approach to advancing equity for all, including people of color and
others who have been historically underserved, marginalized, and
adversely affected by persistent poverty and inequality.” It further
says that “by advancing equity across the Federal Government, we can
create opportunities for the improvement of communities that have been
historically underserved, which benefits everyone.”

In the last year many key federal agencies have implemented racial
equity plans as per Biden’s order. The Department of Justice (DOJ)
issued an Equity Action Plan
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to
advance equity for marginalized and underserved communities. The
Department of Labor dedicated $260 million to promote “equitable
access” to government unemployment benefits by addressing
disparities in the administration and delivery of money by race
ethnicity and language proficiency. The Treasury Department named its
first ever racial equity chief, a veteran La Raza official who spent a
decade at the nation’s most influential open borders group. The
Department of Defense (DOD) is using outrageous anti-bias materials
that indoctrinate troops with anti-American and racially inflammatory
training on diversity topics. The U. S. Department of Agriculture
(USDA) created an equity commission to address longstanding inequities
in agriculture. The nation’s medical research agency has a special
minority health and health disparities division that recently issued a
study declaring COVID-19 exacerbated preexisting resentment against
racial/ethnic minorities and marginalized communities.

The TSA’s case is different because the agency already has plenty of
racial and ethnic diversity, making a Chief Diversity and Inclusion
Officer seem like overkill. Nevertheless, the agency created the IAC,
a “coalition of diverse TSA leaders” tasked with devising a
strategy to enhance current programs, introducing innovative solutions
toward achieving a positive culture and ensuring that the agency is a
fair and equitable organization built on trusted relationships. In its
report the IAC writes that that “the current climate around racial
inequality requires us to think differently about inclusion in the
workforce.”

Besides hiring a new diversity and inclusion chief, the IAC made a
number of recommendations to meet the TSA’s new diversity and
inclusion goal. Among them are establishing an annual “Year of
Inclusion” campaign with themes ranging from “Belongingness” to
“Equity” and “Empowerment.” The panel also recommends starting
a new podcast series to “broadcast powerful, positive reflections
involving TSA’s diverse workforce.” A Diversity Index should be
created to measure how the TSA is building and balancing diversity at
the middle and upper management levels, the IAC writes. It will help
measure the level of diversity in a group, with a higher number
indicating a more diverse workforce. “It considers different racial
and ethnic groups and includes gender ratios across
an organization,” the TSA diversity and inclusion panel writes in
its report.
Until next week …



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