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In a landmark ruling on September 1, a federal court stated that the U.S. Food and Drug Administration (FDA) abused its authority under federal law when it advised Americans to “stop” using the drug ivermectin as a treatment for COVID-19.

The Gateway Pundit previously reported that a group of doctors had filed a federal lawsuit against the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) over the agencies’ unlawful attempts to block the use of ivermectin in treating COVID-19.

The lawsuit, filed in the U.S. Southern District of Texas in Galveston, argues that the FDA has overstepped its authority and unjustifiably interfered with their medical practice.

The plaintiffs, Drs. Mary Talley Bowden, Paul E. Marik, and Robert L. Apter, are contesting the FDA’s portrayal of ivermectin as dangerous for human consumption. They note that the FDA has approved ivermectin for human use since 1996 for a variety of diseases. However, they allege that with the advent of the COVID-19 pandemic, the FDA began releasing documents and social media posts discouraging the use of the anti-viral drug for COVID-19 treatment.

During a hearing last year, the agency’s lawyers argued that the FDA was only giving advice and it was not mandatory when it told people to “stop” taking Ivermectin for COVID-19.

“The cited statements were not directives,” said Isaac Belfer, one of the lawyers. “They were not mandatory. They were recommendations. They said what parties should do. They said, for example, why you should not take ivermectin to treat COVID-19. They did not say you may not do it, you must not do it. They did not say it’s prohibited or it’s unlawful. They also did not say that doctors may not prescribe ivermectin.”

“They use informal language, that is true… It’s conversational but not mandatory,” he continued.

The statement from the lawyer contradicted the FDA’s social media post, stating, “Hold your horses, y’all. Ivermectin may be trending, but it still isn’t authorized or approved to treat COVID-19″ and another tweet says, “You are not a horse. You are not a cow. Seriously, y’all. Stop it.” Both posts were linked to FDA’s website with the title, “Why You Should Not Use Ivermectin to Treat or Prevent COVID-19.”

Last month, the lawyer representing the FDA clarified the agency’s stance on the use of Ivermectin for treating COVID-19 patients. The lawyer confirmed that doctors have the authority to prescribe the drug for off-label use in treating COVID-19.

During the oral argument, Ashley Cheung Honold, a Department of Justice lawyer representing the FDA stated that the agency “explicitly recognizes” that doctors do have the authority to administer ivermectin to treat COVID.

“”FDA explicitly recognizes that doctors do have the authority to prescribe ivermectin to treat COVID,” said Honold.

“FDA made these statements in response to multiple reports of consumers being hospitalized, after self-medicating with ivermectin intended for horses, which is available for purchase over the counter without the need for prescription,” Honold said.

On Friday, September 1, U.S. Circuit Judge Don Willett stated in his written ruling, “FDA can inform, but it has identified no authority allowing it to recommend consumers ‘stop’ taking medicine.”

According to the court’s decision, the three physicians can now pursue legal action, arguing that the FDA’s campaign went beyond the scope of the agency’s jurisdiction as defined by federal legislation.

“FDA is not a physician. It has authority to inform, announce, and apprise—but not to endorse, denounce, or advise,” Judge Don Willett wrote for a panel that also included Jennifer Walker Elrod and Edith Brown Clement. “The Doctors have plausibly alleged that FDA’s Posts fell on the wrong side of the line between telling about and telling to. As such, the Doctors can use the APA to assert their ultra vires claims against the Agencies and the Officials.”

In the ruling, Judge Willett wrote, “Left unmentioned in most of that messaging: ivermectin also comes in a human version. And while the human version of ivermectin is not FDA-approved to treat the coronavirus, some people were using it off-label for that purpose.”

He added, “Even tweet-sized doses of personalized medical advice are beyond FDA’s statutory authority.”

In a statement to Epoch Times, Dr. Mary Talley Bowden said, “The FDA misled the public into thinking it has more authority than it does. This decision confirms that the FDA is not your doctor and has no authority to tell doctors how to practice medicine.”

It can be recalled that Houston Methodist launched an investigation into Bowden and suspended her for defying health authorities and exercising free speech.

The hospital excoriated Bowden for “using her social media accounts to express her personal opinions about the COVID-19 vaccine and treatments,” NBC News reports. The suspension barred the physician from admitting or treating patients at the hospital.

Bowden repeatedly warned that it is “wrong” to mandate the experimental mRNA vaccines and continuously touted Ivermectin as a safe and effective treatment amid threats from public health officials against prescribing the drug.

Bowden was forced to resign. In her resignation letter, Bowden doubled down on the efficacy of ivermectin.

“I have worked hard to provide early treatment for victims of COVID-19. My efforts have been successful. I have treated more than 200 COVID-19 patients, including many with co-morbidities, and none of these patients have required hospitalization. This is a testament to the success of my treatment methods,” she wrote. “Throughout this pandemic, there has been no FDA-approved treatment for COVID. Therefore I have done my best to care for patients and save lives in the absence of a clear scientific consensus.”

“Early treatment must still be part of any strategy for patient care. That is why physicians and hospitals should pay more attention to medications such as Ivermectin, which significant research and my clinical experience indicate is effective,” she continued. “I have decided to part ways with Houston Methodist because of the accusation that I have been spreading “dangerous information.” This is false and defamatory. I do not spread misinformation, and my opinions are supported by science. There is substantial evidence for the efficacy of ivermectin in treating COVID-19, and no evidence for serious or fatal side effects associated with the doses used to treat COVID-19.”

There have now been 99 Ivermectin COVID-19 controlled studies that show a 62% improvement in COVID patients.

The post Federal Court Rules FDA Abused It’s Authority with Anti-Ivermectin Messaging to Americans: “FDA is Not a Physician” appeared first on The Gateway Pundit.

Presented for comparison of application of equal justice under law in the Biden administration and the Washington, D.C. federal court system.

The Joe Biden appointed U.S. Attorney’s Office for the District of Columbia struck a plea deal last year in the case of a man with a criminal history who shot and killed a father who was carrying an infant in a car seat while holding his other child’s hand on a D.C. neighborhood street one morning on 2022. Right before he was shot, the father reportedly put the car seat down and released his other child as the gunman approached. The killer and victim had reportedly met each other in prison. The killer was originally charged with first degree murder while armed and could have served life in prison. Instead he will serve 13 years in prison followed by five years of supervised release.

Wanted photo for Jarell Harris, later caught and sentenced to 13 years in prison for manslaughter, screen image WUSA/YouTube, March 6, 2022.

Back in January, a man who shot a father 11 times as he was walking his children to school in DC got a plea deal to voluntary manslaughter and a 13 year sentence from a DC judge.

DC judges gave Joe Biggs 17 years, Ethan Nordean 18 years, and Zachary Rehl 15 years for non-violent… pic.twitter.com/dPpUiQWbbf

— Greg Price (@greg_price11) September 2, 2023

The plea deal called for a guilty plea to manslaughter–even though the killer fired thirteen shots, hitting his victim eleven times included four in the head and neck with the rest hitting the upper body–and a sentence ranging from 10-and-a-half to 13 years in prison. A federal judge in D.C. signed off on the plea deal and sentence the killer to 13 years last January.

Video from the crime scene with partial audio of the shooting:

In contrast, three Proud Boys defendants found guilty in the January 6, 2021 Capitol riot were sentenced this past week to 15 years, 17 years and 18 years in prison, respectively. One other Proud Boy was sentenced to 10 years in prison. None were charged with manslaughter or anything close.

The Biden Justice Department is asking the D.C. federal court to sentence Proud Boys leader Enrique Tarrio to 33 years in prison even thoug he was not in D.C. the day of the riot. His sentencing was postponed to September 5 from last week.

Earlier this year Oath Keepers leader Stewart Rhodes was given 18 years in prison for J6 charges; a fellow Oath Keeper was given 12 years in prison–neither was charged with anything close to manslaughter.

Press release for manslaughter sentencing:

Department of Justice
U.S. Attorney’s Office
District of Columbia
FOR IMMEDIATE RELEASE
Wednesday, January 25, 2023

District of Columbia Man Sentenced to 13 Years in Prison for Killing Man in Northeast Washington
Victim Shot in Broad Daylight in the Presence of Minors

WASHINGTON – Jarell Harris, 28, of Washington, D.C., was sentenced today to a 13-year prison term for confronting and killing a man in broad daylight in Northeast Washington, announced U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).

Harris waived a preliminary hearing, and pleaded guilty in September 2022, in the Superior Court of the District of Columbia, to voluntary manslaughter while armed. The plea, which was contingent upon the Court’s approval, called for a 10 ½ to 13-year prison term, consistent with the Court’s voluntary sentencing guidelines. The Honorable Rainey R. Brandt accepted the plea and sentenced Harris accordingly. Following this conviction, Harris will be placed on five years of supervised release.

According to the government’s evidence, on March 4, 2022, at approximately 8:30 in the morning, Sedrick Miller was walking with two minor children and an adult in the 2300 block of 18th Street NE when Harris confronted Mr. Miller and shot at him 13 times. Mr. Miller, 42, suffered multiple gunshot wounds, including four gunshot wounds to the face and neck. He died a short time later.

Harris fled the scene after the shooting. He was arrested on May 6, 2022 and has been in custody ever since.

In announcing the sentence, U.S. Attorney Graves and Chief Contee commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Victim/Witness Advocates Jennifer Clark and Latrice Washington-Williams, and Forensic Interview Specialist Tracy Owusu. Finally, they acknowledged the efforts of Assistant U.S. Attorney Prava Palacharla, who investigated and prosecuted the matter.

Press releases for the Proud Boys sentencings:

Department of Justice
U.S. Attorney’s Office
District of Columbia
FOR IMMEDIATE RELEASE
Friday, September 1, 2023

Proud Boys Leaders Sentenced to Prison for Roles in Jan. 6 Capitol Breach

WASHINGTON – Two former leaders of the Proud Boys organization were sentenced today on multiple felony charges related to their roles in the breach of the U.S. Capitol on Jan. 6, 2021. Their actions disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes necessary to certify the 2020 presidential election.

Ethan Nordean, 32, of Auburn, Washington, was sentenced to 18 years in prison and 36 months of supervised release.

Dominic Pezzola, 45, of Rochester, New York, was sentenced to 10 years in prison and 36 months of supervised release.

On May 4, 2023, a jury found Nordean, Pezzola, and three other co-defendants guilty of multiple felonies, including obstruction of an official proceeding and conspiracy to prevent members of Congress or federal officers from discharging their duties before and during the breach of the U.S. Capitol on Jan. 6, 2021. Defendant Ethan Nordean was previously convicted of seditious conspiracy.

According to court documents and evidence presented during the trial, the Proud Boys organization had played a significant and often violent role in prior Washington, D.C. rallies in November and December 2020. In the aftermath of that violent conduct, Nordean and other co-defendants served as members and leaders of a special chapter of the Proud Boys known as the “Ministry of Self-Defense.”

Beginning after Dec. 19, 2020, Nordean, Pezzola, and other co-defendants conspired to prevent, hinder, and delay the certification of the Electoral College vote and to oppose by force the authority of the government of the United States.

In the days leading to January 6, Nordean and other leaders of the Ministry of Self-Defense hand-selected co-defendant Dominic Pezzola and others known as “rally boys” to participate in the attack on the Capitol that day. This group established a chain of command, chose a time and place for their attack, and recruited others who would follow their top-down leadership and who were prepared to engage in physical violence if necessary.

On January 6, Nordean, Pezzola, and others they led participated in every consequential breach at the Capitol. The defendants directed and mobilized a group of Proud Boys onto the Capitol grounds, leading to the dismantling of metal barricades, destruction of property, breaching of the Capitol building, and assaults on law enforcement.

The group began their assault that day at 10 a.m. when Nordean and others marched nearly 200 individuals away from speeches at the Ellipse directly toward the Capitol. They arrived at the First Street gate at 12:50 p.m. Nordean, Pezzola, and other co-defendants led their recruits up the First Street walkway, breaching multiple barricades and tearing down fencing.

Nearly an hour later, when law enforcement appeared to have successfully controlled the crowd by pushing them back, the men again pushed forward. Nordean, Pezzola, and others gathered at the base of the concrete stairs that led to the doors and windows of the Capitol with many of their co-conspirators and other men they had led to the Capitol. The group again surged toward the Capitol and overwhelmed officers who had been battling the crowd for nearly an hour. Pezzola smashed open a window allowing the first rioters to enter the Capitol at 2:11 p.m.

During the hearing, U.S. District Judge Timothy J. Kelly applied the enhancement for a federal crime of terrorism to the defendants convictions for destruction of government property.

This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia, the Department of Justice National Security Division’s Counterterrorism Section, and the Department of Justice Criminal Division’s Organized Crime and Gang Section.

This case was investigated by the FBI’s Washington Field Office. The charges in the investigation are the result of significant cooperation between agents and staff across numerous FBI Field Offices and law enforcement agencies.

In the 31 months since Jan. 6, 2021, more than 1,106 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

DOJ press release:

Department of Justice
U.S. Attorney’s Office
District of Columbia
FOR IMMEDIATE RELEASE
Thursday, August 31, 2023

Two Leaders of the Proud Boys Sentenced to Prison on Seditious Conspiracy and Other Charges Related to U.S. Capitol Breach

WASHINGTON – Two former leaders of the Proud Boys organization were sentenced today for seditious conspiracy and other charges related to the breach of the U.S. Capitol on Jan. 6, 2021. Their actions disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes necessary to certify the 2020 presidential election.

Joseph R. Biggs, 39, of Ormond Beach, Florida, was sentenced to 17 years in prison and 36 months of supervised release.

Zachary Rehl, 38, of Philadelphia, Pennsylvania, was sentenced to 15 years in prison and 36 months of supervised release.

A jury convicted Biggs and Rehl and three other co-defendants of multiple felonies, including seditious conspiracy and conspiracy to obstruct an official proceeding on May 4, 2023, for their actions before and during the breach of the U.S. Capitol on Jan. 6, 2021.

According to court documents and evidence presented during the trial, the Proud Boys organization played a significant and often violent role in Washington, D.C. rallies in November and December 2020. In the aftermath of that violent conduct, Biggs and Rehl served as members of a special chapter of the Proud Boys known as the “Ministry of Self Defense.”

Beginning after Dec. 19, 2020, Biggs and Rehl, all of whom were leaders or members of the Ministry of Self-Defense, conspired to prevent, hinder, and delay the certification of the Electoral College vote and to oppose by force the authority of the government of the United States.

In the days leading to January 6th, Biggs, Rehl, and co-defendants Henry “Enrique” Tarrio and Ethan Nordean hand-selected co-defendant Dominic Pezzola and others known as “rally boys” to participate in the attack on the Capitol that day. This group established a chain of command, chose a time and place for their attack, and intentionally recruited others who would follow their top-down leadership and who were prepared to engage in physical violence if necessary.

On January 6th, the group and the men they recruited and led participated in every consequential breach at the Capitol on January 6th. The group began their assault that day at 10:00 a.m. when Biggs, Rehl, and others marched an assembled group of nearly 200 individuals away from speeches at the Ellipse and directly toward the Capitol. They arrived at the First Street gate at 12:50 p.m., and Biggs led the crowd in chants of “Whose Capitol? Our Capitol!” and “Whose house? Our house!” Within minutes, Biggs, Rehl, and others led their recruits up the first street walkway, breaching multiple barricades and tearing down fencing. Biggs then declared, “we’ve gone through every barricade thus far.”

At about 1:30 p.m., when law enforcement appeared to have successfully controlled the crowd by pushing them back, the men again pushed forward with Biggs and other co-defendants leading the charge. Biggs and other co-defendants then gathered at the base of the concrete stairs that led to the doors and windows of the Capitol. The group again surged toward the Capitol and overwhelmed officers who had been battling the crowd for nearly an hour. Rehl sprayed an officer in the face. One co-defendant, Dominic Pezzola, smashed open a window, allowing the first rioters to enter the Capitol at 2:11 p.m., and Biggs entered close behind him with some of his men.

During the attack, Biggs posed with other Proud Boys on the west lawn of the Capitol for a celebratory video in which Biggs stated that “January 6 will be a day in infamy.” Rehl made social media posts calling January 6 a “historical day,” and told his mother that he was “so f**** proud” of the Proud Boys’ “raid of the capitol.”

Later, Biggs and Rehl made statements regarding their attack on the Capitol. On January 7th, Rehl told members of the Ministry of Self-Defense that he was “proud as f*** what we accomplished. Likewise, Biggs recorded a podcast-style interview in which he called January 6 a “warning shot” to the government that showed them “how weak they truly are” after being “b****-slapped . . . on their own home turf.” Biggs explained that “January 7th was warning shot to the government –look, we started this country this way and we’ll f*****’ save it this way.”

During the hearing, U.S. District Judge Timothy J. Kelly applied the enhancement for a federal crime of terrorism to the defendant’s final sentence.

This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia, the Department of Justice National Security Division’s Counterterrorism Section, and the Department of Justice Criminal Division’s Organized Crime and Gang Section.

This case was investigated by the FBI’s Washington Field Office. The charges in the investigation are the result of significant cooperation between agents and staff across numerous FBI Field Offices and law enforcement agencies.

In the 31 months since Jan. 6, 2021, more than 1,106 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Meanwhile, the Biden Justice Department and local Democrat prosecutors are trying to send President Trump to prison for the rest of his natural life for challenging the results of the 2020 presidential election in order to keep him from challenging Biden in the 2024 presidential election.

The post Biden DOJ and Federal DC Judge Gave Man 13 Years for Manslaughter for Shooting (11 Times!) and Killing Father Holding His Children While Sending Three Proud Boys J6 Defendants to Prison for 15, 17 and 18 Years with Enrique Tarrio Facing 33 Years appeared first on The Gateway Pundit.