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On March 23, 2021, the White House acknowledged receipt of a FOIA request, seeking any and all documents pertaining to whether the infectious dose and/or secondary attack rate, standard epidemiological measures, for COVID-19 were classified information, which would not be classified in itself, and had until April 20, 2021 to issue a response, which they elected not to do, exercising a dubious right to remain silent, in violation of the FOIA, entitling the requestor to immediate injunctive relief, having been deemed to have exhausted all administrative remedies.
Under Executive Order 12,958, these metrics could only be classified if the government owned and/or controlled the causative biological agent for COVID-19, which has been attributed to the fatalities of over a million Americans, leading the world, and over 6.5 million fatalities worldwide, exceeding the death toll in the Holocaust, in half the time.
Under Associates for Molecular Pathology v. Myriad Genetics, Inc., decided by the Supreme Court in 2013, if the government owned and/or controlled the causative biological agent for COVID-19, it would have to have been cultivated or manipulated in a laboratory, a claim that Dr. Anthony Fauci has consistently denied.
On May 26, 2021, the President tasked the Intelligence Community to redouble efforts to determine the origins of the novel coronavirus, which, after receipt of the FOIA request, both the President and the Intelligence Community knew or should have known may have been the property of the government.
On July 7, 2021, an action was commenced in the Federal District Court in Richmond, seeking the injunctive relief to which the requestor was entitled after the White House refused to respond to the FOIA, but the court dismissed the case, prompting an appeal to the Fourth Circuit and application for prejudgment relief on the shadow docket for the Supreme Court.
With the White House asserting a presumptive claim of executive privilege and waiving a right to respond, on March 7, 2022, in Webb v Fauci, Record No. 21-6868 (U.S.), the claim of executive privilege, reserved for classified information, was transformed to a Glomar Statement regarding these metrics: the government can neither confirm nor deny.
On June 28, 2022, the matter was brought on final appeal to the Supreme Court in Webb v. Fauci, Record No. 8242, which still remains pending, going into the new court term.
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