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`INTERVENORS’ EXHIBIT 1
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`MAR 0 22023
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`US DISTRICTCOURT
`DISTRICT OF DELAWARE
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`|
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`2
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`3
`4
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`Pon
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`r|rep102023
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`CLERK.=DISTRICT COURT
`Bya:Deenwnyee
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`|
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`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF TEXAS
`FORT WORTH DIVISION
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`5 6
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`7
`8
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`.
`10
`iI
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`STATE OF TEXAS,
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`STATE OF OKLAHOMA,
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`)
`)
`)Case No.: 4:23-cv-00066-Y
`Plaintiffs,)
`12
`)
`13
`)
`U.S. DEPARTMENT OF HEALTH AND)
`14 HUMAN SERVICES,
`)
`15
`)
`)
`XAVIER BECERRA,In His Official
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`16||Capacity As Secretary ofHealth and )
`17||HumanServices,
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`Vv,
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`PROPOSED COMPLAINT
`CLASS ACTION
`DEMAND FOR JURY TRIAL
`
`))
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`18||MARVIN FIGUEROA,In His Official)
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`19||Capacity As Director of )
`Intergovernmental and ExternalAffairs of)
`20||the Department ofHealth and Human__)
`91||Services,
`
`))
`
`Defendants.)
`22
`)
`23
`EMANUEL MCCRAY, On Behalfof_)
`24||Himselfand All Others Similarly Situated, )
`25
`)
`Intervenors-Plaintiffs.)
`)
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`26
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`27
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`I
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`INTRODUCTION
`
`1.
`The States of Texas and Oklahoma,hereinafter Plaintiff States, have alleged
`the Defendants have unlawfully refused to “remove an unlawful regulation from
`federal law” and that the offending regulation, 42 C.F.R. § 70.1, “unlawfully
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`delegates to the World Health Organization (WHO) the authority to invoke
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`emergency health powers in the United States—infringing on U.S. and state
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`sovereignty.” Plaintiff States Complaint at 1-2.
`
`2.
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`The unlawful delegation contained in 42 C.F.R. § 70.1 does quite a bit more,
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`whichis absolutely chilling. The regulation, which appears to have been
`
`promulgated in furtherance ofthe international Communist and Socialist healthcare
`conspiracy that led to the creation ofthe WHOin 1948, hangs the WHO’s Sword of
`
`Damocles over the entire Constitutions and laws of the United States and the
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`Several States, and over each citizen of the United States where she/he reside. See
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`Circuit Judge Fletcher’s dissent in U.S.v. Wilkerson, 208 F.3d 794, 799 (9th Cir.
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`2000) arguing that the “judge’s Sword ofDamocles hanging over [the prosecutor]...
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`would require also disqualifying the judge.” See also the dissent of Justices
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`Marshall, Douglas and Brennan in Arnett v. Kennedy, 416 U.S. 134, 230-31 (1974),
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`finding the “uncertainty” ofthe scopeofthe dismissal policies “creates the very
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`danger of a chilling effect” to speech by “hang[ing] over their heads like a sword of
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`Damocles...for the value of a sword of Damoclesis that it hangs — notthatit
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`drops.”
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`3.
`
`The People ofthe United States did not ordain a Constitution that is capable
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`of delegating authority over their health, safety, welfare and individual sovereignty
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`back to the world Powers whoinitially created the WHO, namely Austria, France,
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`Great Britain, Greece, the Kingdom ofthe TwoSicilies, the Ottoman Empire, the
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`PapalStates, Portugal, Russia, Spain, Sardinia, and Tuscany, and from whom the
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`People of the United States won their independence, fair and square.
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`Il.
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`JURISDICTION AND VENUE
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`4,
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`Jurisdiction is properin this District Court under 28 U.S.C. §§ 1331, 1346,
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`2201 and 2202.
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`5.
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`Pursuant to 28 U.S.C. § 1391(e), venue is proper becauseat least one Plaintiff
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`resides in Texas andat least one defendantis an officer or employee of the United
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`States acting in his official capacity and undercoloroflegal authority.
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`Ill.
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`PARTIES
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`6.
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`Plaintiff State of Oklahomais a sovereign state which evolved from claims
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`by both Spain and France to the lands now included within the bounds of
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`Oklahoma. The State was subsequently acquired by the United States as part of the
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`Louisiana Purchase of April 30, 1803. Oklahoma’s legal interests are represented by
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`the Attorney General of Oklahoma.
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`OooNYAuAfFWNH—
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`mwNMNHNNYNYNYNDNDYFSFfSFSFKFFPFFSZFTSsSoaAkWksBWNeSOweKNDHFFVvNY-SF
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`7.
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`Plaintiff State of Texas is a sovereign state which evolved from the Adams-
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`Onis Treaty of February 22, 1819, which ceded the United States’ claims to Texas
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`to Spain. In September 1821, Agustin de Iturbide, a Mexican military commander,
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`successfully obtained Mexico’s independence from Spain, which included the
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`political subdivision of Texas. In or about March 1836, the Tejas region ofthe state
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`of Coahuila y Tejas successfully revolted against the Mexican Empire. The Treaties
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`ofVelasco on May 14, 1836 created the independent Republic ofTexas, whose
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`legal interests are represented by the Attorney General of Texas.
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`8.
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` Intervenor-Plaintiff Emanuel McCray (“McCray”) is a citizen of the United
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`States. McCray served in the United States military as an Intelligence Officer, a
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`Staff Counterintelligence Officer, a Human Intelligence Officer, and as Commander
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`of a Technical Surveillance Countermeasures Unit.
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`9,
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`Defendant United States Department of Health and Human Services (HHS)is
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`an agency ofthe United States which evolvedfrom the Cabinet-level Department of
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`Health, Education, and Welfare (HEW) in 1953 under President DwightD.
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`Eisenhower.In 1979 the Department of Education split from HEW,and the
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`Department of Health and Human Services was formed.
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`10. Defendant Xavier Becerra (“Becerra”) evolved from a career as a lawyer and
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`politician andis the Secretary ofDefendant Health and Human Services. Defendant
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`Becerra has completed no formal education as a medical doctor or other health care
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`professional.
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`11. Defendant Marvin Figueroa (“Figueroa”) evolved from La Ceiba, Honduras
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`and from “serving others through public policy” with the following employment
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`history in the United States:
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`U.S. Department of Health and Human Services Office of
`IntergovernmentalAffairs (Jan. 2021- present) (Directorof
`Intergovernmental and External Affairs)
`
`Virginia Office of the Governor (Jan. 2018-Jan. 2021) (Gov. Ralph
`Shearer Northam)
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`U.S. Sen. Mark Warner (D-VA)(2010-Jan. 2018)
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`Hillary for America (July 2016-Nov.2016)
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`U.S. Sen. Mark Warner (D-VA)(2013-2015) (“Senior Policy Adviser”,
`“Legislative Assistant”, “Legislative Aide”, “Legislative
`Correspondent” and “Secondary Education Graduate Fellow”)!
`
`
`' On January 23, 2023, the U.S. Attorney’s Office for the Southern District of New York announced the
`unsealing ofa five-count Indictment charging CHARLES MCGONIGAL and SERGEY SHESTAKOVwith violating
`and conspiring to violate the International Emergency Economic Powers Act (“IEEPA”) and with conspiring to
`commit money laundering and money laundering...by agreeing to provide services to Oleg Vladimirovich Deripaska
`[Deripaska], a sanctioned Russian oligarch, Available from https://www.justice.gov/usao-sdny/p1/former-special-
`agent-charge-new-york-fbi-counterintelligence-division-charged-violating. Deripaska has Identity Intelligenceties to
`U.S. Senator Mark Warner; Christopher Steele and the “Steele Dossier”; The “Russia Gate” investigation; Operation
`“Crossfire Hurricane”; Russianbillionaire Sergey Grishin’s network of escorts, which includes Anastasia
`Vashukevich (a.k.a, Nastya Rybka), a Belarusian model who claimed to have had information on ties between Russia
`and President Donald Trump’s election campaign which she turned overto Oleg Deripaska; and former FBI Director
`James Comey, who appointed MCGONIGALtohis post. See the following links:
`(1) https://truthsocial.com/@trumpgenius/posts/109769584452966162
`(2) https://truthsocial.com/@trumpgenius/posts/109769745 147854171
`(3) https://truthsocial.com/@trumpgenius/posts/109769762364851941
`(4) https://truthsocial.com/@trumpgenius/posts/109769781300715367
`(5) https://truthsocial.com/@trumpgenius/posts/109769883366220240
`(6) https:/Aruthsocial.com/@trumpgenius/posts/1097697 13004359924
`(7) hitps:/Atruthsocial.com/@trumpgenius/posts/10976971742 1978877.
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`

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`—
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`12. Defendant Figueroais the Director of Intergovernmental and External Affairs
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`of the Department ofHealth and HumanServices and is responsible for responding
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`4||to the petition for rulemaking on behalf of Defendant HHS and Defendant Secretary
`5||Becerra. Defendant Figueroa has completed no formal education as a medical
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`doctor or other health care professional, which converts his entire responseto the
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`g||Petition to a species of fraud.
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`9
`10
`
`FORMATION AND ACTIONS OF THE
`IV.
`INTERNATIONAL HEALTHCARE CONSPIRACY
`
`11||13. During the period from 1775-1776, France and Great Britain caused U.S.
`.
`General George Washington to suffer defeat during theUnited States’ military
`14||campaign to capture thecities of Montréal and Quebec.” These Powers had
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`1S|!deliberately introduced into Washington’s army and the “United Colonies” the
`. “variolavirus”, which causes the “smallpox disease”. This eventis believed to be
`1g||the genesis ofthe international healthcare conspiracy agreed to by and among
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`19|!Europe’s Socialists and Communists.
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`, 14. On July 23, 1851, in furtherance ofthe internationalhealthcare conspiracy, 12
`9||countries convened the first “International Sanitary Conference” (“ISC”) in Paris,
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`23
`France, namely: Austria, France, Great Britain, Greece, the Kingdom of the Two
`, Sicilies,the Ottoman Empire, thePapal States, Portugal, Russia, Spain, Sardinia,
`
`26
`
`? Hirschfeld, Fritz, “Smallpox, the Continental Army, and General Washington” (1991). Dissertations,
`Theses, and Masters Projects. William & Mary. Paper 1539625695.https://dx.doi.org/doi:10.21220/s2-eogj-sq04.
`27||Available from https://scholarworks.wm.edu/etd/1539625695/;
`hitps://scholarworks.wm.edu/cgi/viewcontent.cgi?article=4733&context=etd.
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`98
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`—oOeoNDRHRFPWN
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`and Tuscany. Each country was represented by two unelected individuals—a
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`physician and a diplomat.’
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`15.
`
`In furtheranceofthe international healthcare conspiracy,the results produced
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`by the subsequent 14 ISCs were used to create the World Health Organization
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`(“WHO”) on April 7, 1948. The new WHOincorporated the works ofthe ISCs, and
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`the assets, personnel, and duties of the League ofNations’ Health Organization and
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`the Office International d’Hygiéne Publique, including the International
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`Classification of Diseases (ICD).
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`16.
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`The ISCs also provided the lessons learned foundation which led to the
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`creation of the false 2020 global “data-demic” that became knownas “COVID-19”,
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`a false disease which has been incorporatedin the ICD.
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`17.
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`The smallpox disease is believed to date back to the Egyptian Empire around
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`the 3rd century Before CommonEra. The disease was also written aboutin 4th
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`century China (CommonEra); India in the 7th century CE; and Asia Minorin the
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`10th century CE.
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`18. Onor about May 8, 1980, in furtheranceof the international healthcare
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`conspiracy, the 33rd World Health Assembly of the World Health Organization,
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`officially celebrated the end of the smallpox disease by mass vaccinations:
`
`3 Norman Howard-Jones. The Scientific Backgroundofthe International Sanitary Conferences 1851-1938
`(1975). Available from http://whglibdoc.who.int/publications/1975/14549 eng.pdf; Jnternational Sanitary
`Conferences. Harvard Library. Available from https://curiosity.lib.harvard.edu/contagion/feature/international-
`sanitary-conferences.
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`1|}‘Eradication of smallpox is considered the biggest achievementin international
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`public health.’
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`4||19. Based on McCray’s training, education, and experience, the WHO’s smallpox i
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`
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`5||disease celebration involves the cleveruse of propaganda and deception, given the
`factthat as ofNovember 28, 2021, the “variolavirus”, which causes the smallpox
`|
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`g||disease, is being keptalive and officially stored and handled under WHO |
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`9||supervision by “the [U.S. CDC] in Atlanta, Georgia, and the State Research Center 2
`: ofVirologyandBiotechnology(VECTORInstitute) inKoltsovo,Russia.”°
`:
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`12||20. The U.S. CDC,and notthe WHO,states thatthe reason for keeping the |
`
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`13|!variola virus alive is controlled by the fact that:° “scientists and public health
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`|
`. officials determinedtherewasstill aneedto performresearchusingthevariola
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`16||vitus”’—a factthat keeps the CDC’s Sword ofDamocles hanging over the health !
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`17||and safety ofall Americans. |
`21.
`In furtheranceofthe international healthcare conspiracy, Congress enacted
`99||Section 141, act July 1, 1902, ch. 1378, § 1, 32 Stat. 728, (Title 42 §§ 141 to 148), !
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`21||as “An Act To regulate the sale of viruses, serums, toxins, and analogous products
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`|
`
`i.
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`intheDistrictofColumbia; to regulate interstatetrafficin saidarticles, andfor
`
`24
`4 History ofSmallpox. Centers for Disease Control and Prevention, National Center for Emerging and
`5 |Se
`26
`‘ a
`7 Smallpox Research, Centers for Disease Control and Prevention, National Center for Emerging and
`27
`Zoonotic Infectious Diseases (NCEZID), Division of High-Consequence Pathogens and Pathology (DHCPP).
`Available from https://www.cdc.gov/smallpox/research/index.html.
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`other purposes.” Congress repealed §§ 141-148, July 1, 1944, ch. 373, title XIII, §
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`1313, 58 Stat. 714. These sections now appear under 42 U.S. Code §262.
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`22.
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`Byproviding forthe sale and interstate traffic of viruses, serums, toxins,
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`antitoxins, etc., Congress knowingly openedthe door that would threaten the health
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`and safety of all Americansin future years, including the present.
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`23.
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`In furtherance ofthe international healthcare conspiracy, Congress and
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`President Truman deliberately outsourced key healthcare functions to the WHO,
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`McCray’s counterintelligence investigation found the following:
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`On September 27, 1952, Democratic President Harry S. Truman
`(1)
`issued Executive Order No. 10399, 17 F.R. 8648, wherein the Surgeon
`General of the U.S. was directed to perform certain duties under the
`International Sanitary Regulations of the World Health Organization
`for purposes ofcarrying out the duties ofthe “International Health
`Administration” and the international healthcare conspiracy.
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`(2) Under 42 U.S.C. §242k, a National Center for Health Statistics
`and a National Committee on Vital and Health Statistics were created.
`Subdivision (k) directed cooperation “with national committees of
`other countries and with the World Health Organization and other
`national agencies in the studies ofproblems of mutualinterest....”
`
`(3) Under 42 U.S.C. §2421, Congress provided authority for the
`HHSSecretary to engagein international “cooperative endeavors” with
`international “organizations, such as the World Health Organization
`and the United Nations Children’s Fund....”
`
`Underthe national program ofcancerregistries, 42 U.S.C.
`(4)
`§280e, Congress directed that a system be created “that includes
`topography(site) information and histology (cell type information)
`developed by the World Health Organization....”
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`11
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`In subdivision (j) of 42 U.S.C. §282, Congress commanded that
`(5)
`the HHSSecretary “shall considerthe status of the consensus data
`elements set for reportingclinicaltrial results of the World Health
`Organization whenissuing the regulations under this subparagraph.”
`
`Undersubdivision (c) of 42 U.S.C. § 300cc—15, Congress
`(6)
`directed the HHS Secretary to the “Special Programme of World
`Health Organization. ..in furtherance of the global strategy of the
`World Health Organization Special Programme on Acquired
`Immunodeficiency Syndrome.”
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`(7) Under subdivision (d) of 42 U.S.C. §300cc—15, Congress
`directed that in providing grants,etc., the HHS Secretary “shall” give
`preferenceto “the World Health Organization.”
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`24.
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`From 1945 through 1947, the United States, through the Office of Military
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`Government for Germany (“OMGUS”), broughtto trial twenty-four major political
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`and military leaders ofNazi Germanybefore the International Military Tribunal
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`(“IMT”). An additional 185 defendants from many sectors of German society were
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`brought before the United States Nuremberg Military Tribunals (“USNMT”) in a
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`series of twelvetrials known as the “Subsequent Nuremberg Proceedings.” The
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`defendants were grouped accordingto their main areaofactivity: medical, legal,
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`ethnological, economic,orpolitical.
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`23% On December9, 1946, in the United States’ Opening Statement, Brigadier
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`General Telford Taylor explained the “other responsibilities” of the United States:
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`“The defendants in the dock are charged with murder, but this is no
`mere murdertrial. We cannot rest content when we have shownthat
`crimes were committed and that certain persons committed them. To
`kill, to maim, andto torture is criminal under all modern systems of
`law. These defendants did notkill in hot blood, nor for personal
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`enrichment. Some of them maybe sadists whokilled and tortured for
`sport, but they are notall perverts. They are not ignorant men. Most of
`them are trained physicians and someof them are distinguished
`scientists. Yet these defendants, all of whom werefully able to
`comprehendthe nature oftheir acts, and most of whom were
`exceptionally qualified to form a moral and professional judgment in
`this respect, are responsible for wholesale murder and unspeakably
`cruel tortures.”
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`26. Defendants Becerra and Figueroaare not trained physicians or distinguished
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`scientists and should not be making important national and foreign policies
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`—_
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`19||tegarding the health and safety ofAmericans. This is so, notwithstanding the fact
`11|!that on June 14, 1948, in furtheranceofthe international healthcare conspiracy,
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`Congress enacted 22 U.S. Code §290,ch. 469, §1, 62 Stat. 441, which authorized
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`14||the U.S. President to “accept membership for the United States in the [WHO], the
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`15||constitution of which was adopted in New York on July 22, 1946, by the
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`International Health Conference for the establishment of an International Health
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`1g||Organization, and deposited in the archives of the United Nations.”
`
`19
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`197.
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`The United States also presented evidence during its war crimes tribunals of
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`the “mass extermination” ofthe Jews in Poland andthe premeditated “mass
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`>||murder” of every Polish national found to be infected with tuberculosis to prevent
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`23|!these humans from infecting the Germansthat were being settled by Nazi Germany
`24
`5 in the “Warthegau”, an area ofwestern Poland annexed by Nazi Germany:
`26
`From the preaching of Guett and others sprang the notions which
`underlie the crimes to which wewill now turn. Here we leave behind
`all semblance, howeverfictitious, of science and research. Under these
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`No—_
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`uyanaun&S&W
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`teachings,life and livelihood becamethe birthright of no one. The
`weak and the physically handicapped are in the way and mustbe
`pushedaside. Inferior peoples are born to be exterminated by the
`Herrenvolk.... The original impetusfor this terrible mass murder came
`from a fiend named [Arthur] Greiser, who was the German Governor
`of the northwestportions of Poland, which had been absorbed into the
`Reich under the name “Wartheland.” Early in 1942, Greiser was in the
`process of exterminating [approximately “100,000”] Jews in his
`territory, and he decided to turn his attention next to Poles infected
`with tuberculosis... In May 1942, Greiser wrote to Himmler...: “There
`are about 230,000 people of Polish nationality in my district who were
`diagnosed to suffer from tuberculosis. The numberofpersons infected
`with open tuberculosis is estimated at about 35,000. This fact has led in
`an increasing frightening measureto the infection of Germans, who
`cameto the Warthegau perfectly healthy.” Trials of War Criminals
`Before the Nuernberg Military Tribunals Under Control Council Law
`No. 10 (Volume 1), at 61-62 (October 1946 — April 1949).°
`
`28. Others agreed with Greiser and further suggested that:
`
`“Aided by the X-ray battalion [Roentgen Sturmbann] we could reach
`the entire population, German andPolish, of the Gau during the first
`half of 1943... [and that] [i]f absolute secrecy could be guaranteed,all
`scruples-regardless of what nature-could be over-come.” Td. at 63-65.
`
`29.
`
`The United States informed the war crimes Tribunal that:
`
`“The prosecution will introduce evidence to show that the [Polish]
`program wasin fact carried out at the end of 1942 and the beginning of
`1943, andthat as a result of the suggestions made by Blome and
`Greiser, many Poles were ruthlessly exterminated and that others were
`taken to isolated camps, utterly lacking in medicalfacilities, where
`thousands of them died.”Jd. at 64.
`
`30.
`
`In Case No. 1, U.S. v. Karl Brandtet al. (“Medical Case”) (1946-1947), the
`
`United States charged that one Karl Brandt (“Brandt”), personal physician to Adolf
`
`8 Available from U.S. DepartmentofHealth and HumanServices, NationalInstitutes of Health,
`https://collections.nIm.nih.gov/catalog/nlm:nImuid-01130400RX1-mvpart, [Last visited on January 26, 2023}.
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`Hitler, and others, “participated in a Common Design or Conspiracy to commit and
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`did commit War Crimes and Crimes against Humanity”.
`
`31.
`
`Brandt, et al., in the course of inhumane experiments, “committed murders,
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`brutalities, cruelties, tortures, atrocities, and other inhumaneacts” by “deliberately”
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`infecting healthy humanswith the “spotted fever virus” to test the effectiveness of
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`“spotted fever and other vaccines”and of “other chemicals”, and “to keep the virus
`
`alive.... As a result, hundreds of persons experimented upon died.”
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`32.
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`In Case No. 6, U.S. v. Carl Krauch etal. (“1.G. Farben Case”) (1947-1948),
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`the United States charged that the namedofficials of Interessengemeinschaft
`
`Farbenindustrie Aktiengesellschaft (“I.G. Farben”), “while acting through the
`
`instrumentality ofFARBEN and otherwise”, “committed Crimes against Peace,
`War Crimes and Crimes against Humanity, and participated in a common plan or
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`conspiracy to commit said crimes”.
`
`33.
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`The Indictment charged that FARBEN “wasnotonly the greatest industrial
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`combine ever formed in Germany butoneofthe greatest in the world.” The
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`defendants were accused of, inter alia, murdering millions of people and inflicting
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`suffering upon millions more. In the death chambers,it “took from three to fifteen
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`minutesto kill the people.... In someinstances, attempts were made to utilize the fat
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`from the bodies of the victims in the commercial manufacture of soap.”
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`9 Available from https://www.loc.gov/t/frd/Military Law/pdf/NT_Indictments.pdfiipage=2.
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`
`
`

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`Case 1:22-cv-00252-MSG Document 60-3 Filed 03/02/23 Page 15 of 89 PagelD #: 1163
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`ase 4:23-cv-00066-Y Document7 Filed 02/10/23 Page 14 of 88 PagelD 127
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`34, At Auschwitz, innocent humans “were forcibly subjected to cruel and unusual
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`experiments in surgery and tests ofvarious medications. These surgical and medical
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`experiments consisted in the mainof castrations, ovarian operations, amputations,
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`complete removal of sexual organs, abortions,sterilization by X-Ray, injection with
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`the virus of certain diseases, and subsequentoralorintra-venal application of
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`various drugs and pharmaceutical products. Manyofthe pharmaceuticals used were
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`manufactured by and procured from one or more of FARBEN’s plants.”
`
`35.
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`The Indictment further chargedthat “I. G. FARBENcarried on propaganda,
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`intelligence and espionage activities” on behalf ofHitler and the Nazis. “In
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`advertising campaigns abroad, FARBEN emphasized Nazi ideology. On 16
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`February 1933, the Board of Directors of the Pharmaceutical Division of FARBEN
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`(Bayer) resolved that advertising in journals hostile to Germany “shall on all terms
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`be avoided.’”'?
`
`36.
`
`In Case No. 10, U.S. v. Alfried Felix Alwin Krupp Von Bohlen Und Halbach
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`et al. (“Krupp Case”), the United States presented evidence that Krupp, even before
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`the Nazi attack on the Soviet Union had begun, and with the aid of the German
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`Nazis, took “fullest and mostruthless exploitation ofall Soviet economic
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`resources.” The United States presented evidence that:
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`“KRUPP obtained from [the Berg und Huettenwerksgesellschaft Ost
`m. b. H. (BHO)] the priority for exploitation of the Ukraine and the
`
`!© Available from https://www.loc.gov/tr/frd/Military_Law/pdf/NT Indictments.pdf#page=67.
`
`

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`Case 1:22-cv-00252-MSG Document 60-3 Filed 03/02/23 Page 16 of 89 PagelD #: 1164
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`ase 4:23-cv-00066-Y Document7 Filed 02/10/23 Page 15 of 88 PagelD 128
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`—
`
`2
`
`3
`4
`
`trusteeship of numerous valuable enterprises, including twoplants in
`Mariupol;the Ilyitch and Azov “A”plants, in Kramatorskaya; and the
`Molotov Works in Dneperpetrovsk. In 1943 KRUPP undertook:(the
`complete dismantling of the electro-steel mill at Mariupol for shipment
`to the KRUPP Bertha Werk near Breslau[, Poland]. Under special
`provisions of its agreement with the BHO, KRUPP obtained an option,
`to be exercised after the war, on the property of which it was trustee.
`Pursuant to the plans and programs ofthe BHO, RVK and RVE,
`KRUPPparticipated in numerousplans and programsforexploiting
`mining and smelting properties in Russia, and forstripping the
`occupiedterritory of stocks, raw materials, scrap iron and other
`property.” Jd, at 23.
`
`10||37: The following individuals!! admitted responsibility for creating the “data”
`i1||that China, the WHO, the World Economic Forum (“WEF”), the United Nations,
`
`5
`6
`
`7
`8
`
`9
`
`;
`}
`cll
`:
`.
`private businesses and healthcare organizations used to perpetrate a biological hoax
`
`12
`
`13
`
`againstthe citizens ofthe United States in direct violation of 18 U.S. Code
`14
`15|!§1038(a), which provides a civil cause of action under 18 U.S. Code §103 8(b):
`16
`
`Edward C. Holmes (Shanghai Public Health Clinical Center, Fudan
`University, Shanghai, China; and Marie Bashir Institute for Infectious
`Diseases and Biosecurity, School ofLife and Environmental Sciences
`and School of Medical Sciences, The University of Sydney, Sydney,
`New South Wales Australia)
`
`Fan Wu, Yan-Mei Chen, Zhi-Gang Song, Yuan-Yuan Pei, Yu-Ling
`Zhang, Fa-Hui Dai, Yi Liu, Qi-Min Wang, Jiao-Jiao Zheng, and
`Lin Xu (Shanghai Public Health Clinical Center, Fudan University,
`Shanghai, China)
`
`17
`18
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`19
`
`20
`
`21
`»
`
`23
`
`24
`
`25
`
`'l See Wu F, Zhao S, Yu B, Chen YM, Wang W,Song ZG, Hu Y, Tao ZW, Tian JH, Pei YY, Yuan ML,
`26||Zhang YL, Dai FH, Liu Y, Wang QM, ZhengJJ, Xu L, Holmes EC, Zhang YZ. A newcoronavirus associated with
`human respiratory disease in China. Nature. 2020 Mar;579(7798):265-269. doi: 10.1038/s41586-020-2008-3. Epub
`2020 Feb 3. Erratumin: Nature. 2020 Apr3580(7803):E7. PMID: 32015508; PMCID: PMC7094943. Available from
`https://www.ncbi.nlm.nih.gov/pme/articles/PMC7094943/.
`
`27
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`

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`Case 1:22-cv-00252-MSG Document 60-3 Filed 03/02/23 Page 17 of 89 PagelD #: 1165
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`ase 4:23-cv-00066-Y Document 7 Filed 02/10/23 Page 16 of88 PagelD 129
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`Su Zhao, Yi Hu, Zhao-WuTao, and Ming-Li Yuan (Department of
`Pulmonary and Critical Care Medicine, The Central Hospital of
`Wuhan, Tongji Medical College, Huazhong University of Science and
`Technology, Wuhan, China)
`
`Bin Yu and Jun-Hua Tian (Wuhan Center for Disease Control and
`Prevention, Wuhan, China)
`
`Wen Wang(Department of Zoonosis, National Institute for
`Communicable Disease Control and Prevention, China Centerfor
`Disease Control and Prevention, Beijing, China)
`
`Yong-Zhen Zhang (Shanghai Public Health Clinical Center, Fudan
`University, Shanghai, China; School of Public Health, Fudan
`University, Shanghai, China; Department of Zoonosis, National
`Institute for Communicable Disease Control and Prevention, China
`Center for Disease Control and Prevention, Beijing, China)
`
`OoSeSNDN
`
`38.
`
`Edward C. (“Eddie”) Holmes, amongseveral others, directly discussed his
`
`group’s data with Anthony Faucisoon after the release of this “data” for the plan
`
`going forward.
`
`39. McCray foundthat on or about Friday, January 31, 2020, a volcano of chatter
`
`erupted between the following individuals (“the Group”), amongothers, including
`
`Edward C. “Eddie” Holmes:
`
`Jeremy Farrar (Director, Wellcome Trust), Anthony Fauci, Dr. Soumya
`Swaminathan (WHOscientist), Emily Erbelding,'? Hugh
`Auchincloss,'3 Colin Mclff (Deputy Director, Office of Global Affairs,
`
`12 “Rmily Erbelding, M.D., M.P.H., serves as Director of the NIAID DivisionofMicrobiology and
`Infectious Diseases (DMID). Dr. Erbelding is responsibleforthe strategic and scientific vision for DMID's complex
`national and international research program. DMIDsupportsbasic,preclinical, and clinical investigations into the
`causes, diagnosis, treatment, and prevention of a broad range of pathogens, including those related to biodefense and
`emerginginfectious diseases.” Available from https://www.niaid,nih. ov/about/emily-erbelding-md-mph.
`'3 “Hugh Auchincloss, M.D., serves as NIAID Principal Deputy Director. In this capacity, Dr. Auchincloss is
`responsible forthe following: Providing leadership for all NIAID research planning and implementationactivities,
`including helping to prepare and support a strategic vision for NIAID; Overseeing an extensive portfolio ofbasic,
`
`

`

`Case 1:22-cv-00252-MSG Document 60-3 Filed 03/02/23 Page 18 of 89 PagelD #: 1166
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`ase 4:23-cv-00066-Y Document7 Filed 02/10/23 Page17 of 88 PagelD 130
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`—_—
`
`r-WwWWN
`oOoornwm
`
`11
`
`12
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`13
`
`14
`
`iS
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`16
`
`17
`
`18
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`20
`
`21
`
`22
`
`23
`
`24
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`25
`
`26
`
`27
`
`HHS), Brian Harrison (HHS Chiefof Staff),'* Francis Collins, Kristian
`G. Anderson, Thomas Alexander, Andrew Rambaut, Christian Drosten,
`Patrick Vallance, Ron “R.A.M.” Fouchier (Rotterdam), Mike
`Ferguson, Paul Schreier, Cliff Lane, Lindsey Baden, Hilary Marston,
`Patricia Conrad, Andrea Lerner, David Morens, Garrett Grigsby,
`Hilary Marston, Kyle Zebley, Lawrence Kerr, Mara Burr, Maya
`Levine, Nelson Arboleda, Mike Ferguson, Stefan Pohlmann, John W.
`Mellors (University of Pittsburgh School of Medicine), Pali Nazir, Tae-
`Wook Chun, Mark Connors, Martin Blaser, Deborah L. Birx, Jeff
`Trammell, Dr. Art Kamm,Ian W. Lipkin, David Katz, Robert Eisinger,
`Gregory Klomp, Vincent Munster, Gregg Gonsalves, Anne Schuchat,
`MD, Nancy Messonnier, Marion Petronella Gerarda (“M.P.G”)
`Koopmans(Rotterdam), Josie Golding, Lawrence Tabak, Shannah
`Goldner, (NBC Universal); Council Member/Fellow of the United
`Kingdom Academy of Medical Sciences, Professor Sit Roy Anderson
`FRS FMedSci(Imperial College London), Kay Johnson, George Q.
`Daley (Dean ofthe Faculty of Medicine, Harvard Medical School),
`Cynthia Antoniak (NBC Universal/MSNBC), and Jennifer Routh,
`
`40. Onor about Monday, February 3, 2020, Yong-Zhen Zhang, Edward C.
`
`Holmes, and others, confirmed the virus named “SARS-CoV-2”had a filial
`
`relationship with SARS coronavirus Tor2 (April 25, 2003), GenBankaccession
`
`number AY274119,!5 whichis associated with a patent assigned to Defendant
`
`Health and Human Services’ Centers for Disease Control and Prevention (“CDC”),
`
`and Bat SARS-like coronavirusisolate bat-SL-CoVZC45 (January 2018),"°
`
`clinical, and applied research, as well as product developmentfor biodefense, HIV/AIDS,infectious diseases, and
`immune-mediated disorders.” Available from https://www.niaid.nih.gov/about/hugh-auchinc