ANTHRAX

[Guest guest]

The lady that has anthrax is Tom Brokaw(spell?)'s assistant. I think

I see a pattern here. There is a benefit concert in DC next weekend,

and I got my tickets today. My best friend refuses to go. She

thinks I'm stupid for going, but I told her that it I let the

terrorists influnence my decisions, then they are winning. The only

thing I can do for this nation is to continue on with my life. I

could have lost a husband in the Pentagon, I could still lose my

father and brother in this war, what are they fighting for if I hide

in my home like a pansy? The only thing I can be is an American.

manda

> New York City just reported a new case of " different " anthrax and

closed one

> Rockefeller center. Now the time building has been closed and they

MAY be

> closing Penn Station shortly. We all need to pray for this world.

[Guest guest]

In a message dated 10/12/2001 5:03:38 PM Pacific Daylight Time,

eskieluvr@... writes:

<< The lady that has anthrax is Tom Brokaw(spell?)'s assistant. I think

I see a pattern here. There is a benefit concert in DC next weekend,

and I got my tickets today. My best friend refuses to go. She

thinks I'm stupid for going, but I told her that it I let the

terrorists influnence my decisions, then they are winning. The only

thing I can do for this nation is to continue on with my life. I

could have lost a husband in the Pentagon, I could still lose my

father and brother in this war, what are they fighting for if I hide

in my home like a pansy? The only thing I can be is an American.

manda

>>

Manda,

I'm proud of you! That is SO well put. Stand up for what you believe in - -

- FREEDOM!

Let FREEDOM RING!

in OK

[Guest guest]

Right on Manda! Anthrax is not contagious. The terrorist have stated over

and over that they want to " make Americans fearful and feel unsafe. " I too

have family that could go and one is a son; he is in the Marine reserves. I

do not like the thought of losing a son, but that is a gift, sacrifice, and

honor that goes with being an American. I always make sure that I have the

fullest relationship with my loved ones.....because any of us could die in a

car wreck...etc. As Christians, I know death ends one phase and begins

another; therefore, I would see him or any other family/friend on the other

side....A win-win solution!

America has entered a new phase. An analogy: The first time your kids go to

kindergarten....you know that they will lose most of their innocents.

Americans have lost innocents that other countries lost along time ago. We

must go about life, but be more alert to what is around us.

I attended a self-defense class several years ago. Not the karate type, but

the type to address robberies, etc....because I was employed as a RN in an ER

that had been robbed at gun point and several nurses including me had guns

pulled on us.

I am going to retake the course, because we all have to be ready to take

action. This even means when a local thief attempts to take our lives. I

believe it is prudent. Since we live in the top 3 areas of Tornadoes, we have

always kept a " Survival Kit " containing water, canned food, cash,

medications, shoes, clothes, flashlight, and basic emergency supplies. I am

not going to get a gas mask because how do you know when you will be exposed?

Antibiotics have a shelf life and no one should take antibiotics unless a

doctor has diagnosed a condition in which a specific antibiotic is required.

Taking antibiotics when not needed can render resistance to that antibiotic;

therefore, when you need it, it would not work.....boy that would be

horrible. Prudence through going about life while being alert to our

surroundings....is the best way to reduce stress, enjoy life, and not give in

to terrorists!

Congress mandated the airlines to install the high-tech scanning equipment in

the early 90's after the bomb went off in the PanAm flight. The mandate

forced a specific amount of cents on each dollar spent by flying customers.

It is my understanding that it is definitely in the millions, but I believe

in the billions. Congress this week increased the amount per dollar for

security. There is no excuse for not having already used these funds. We have

incredible technology that could already be in place....but it seems some

want to use the same techniques with expectations of a different

outcome....give me a break.....same techniques....same results....we must use

the new technology We as Americans that live in a Republic nation (we are not

a democratic nation, but a republic) must hold these companies accountable

for their inaction's as part of our vigilance. Everyone cannot know about

everything, but when we become aware of a situation we must report it to our

congressional leaders, etc...

Go and have fun! My hubby and I were planning to take our vacation in

Colorado, but have decided to go to New York. Hopefully we can get away from

our business obligations after the first of the year.

Debra

[Guest guest]

Hi Debra,

This has nothing to do with the MGB, but when I saw your post I could

relate. I am an RN nursing supervisor. I have not had any problems

at work, I live in a rural community & work at a 120 bed hospital. I

did work in Philly for a while, and was getting ready to leave right

before a nurse was raped in the building. It was time for me to go!!

My daughter and I, my friend and her daughter and husband were robbed

at gunpoint by 2 men last year in Puerto Rico. It was right by a

private school that we had just gotten her daughter from. I now

understand what that does to a person. I was traumatized for a while

and looked over my shoulder for a couple of months. My husband is a

defensive tactics instructor, and I know a few things, but I

certainly wasn't prepared for that at all. He wasn't with us when it

happened, and I'm glad in a way, because I don't know what would have

happened to him had he done anything. I'm sure he wouldn't take

unneccessary risks, but I'm still glad he wasn't there. It has

taught me to be more aware of my surroundings and never wear jewelry

on vacation!

You're also right about the terrorists. They don't understand the

American mind. They have united this country rather than tearing it

apart. That is our strength, our belief in " One nation, under GOD.

They just don't get it, because they have not experienced the

freedoms we have.

Karin

> that had been robbed at gun point and several nurses including me

had guns

> pulled on us.

>

> I am going to retake the course, because we all have to be ready to

take

> action. This even means when a local thief attempts to take our

lives. I

> believe it is prudent. >

> >

[Guest guest]

good for you amanda!!!!!!!!

Re: anthrax

The lady that has anthrax is Tom Brokaw(spell?)'s assistant. I think

I see a pattern here. There is a benefit concert in DC next weekend,

and I got my tickets today. My best friend refuses to go. She

thinks I'm stupid for going, but I told her that it I let the

terrorists influnence my decisions, then they are winning. The only

thing I can do for this nation is to continue on with my life. I

could have lost a husband in the Pentagon, I could still lose my

father and brother in this war, what are they fighting for if I hide

in my home like a pansy? The only thing I can be is an American.

manda

> New York City just reported a new case of " different " anthrax and

closed one

> Rockefeller center. Now the time building has been closed and they

MAY be

> closing Penn Station shortly. We all need to pray for this world.

[Guest guest]

Makes you wonder how many of our nations leaders have taken the series

of Anthrax shots even amongst the Anthrax attack on the Capital.

ANTHRAX INOCULATION - LEGAL BRIEF

5800

SJA/kpm

12 Nov 02

MEMORANDUM

From: Deputy Staff Judge Advocate, Marine Forces Reserve

Subj: ANTHRAX INOCULATION OF MEMBERS OF THE RESERVE

COMPONENT – LEGAL BRIEF

Ref: (a) MarAdmin 502/02 Reintroduction of the anthrax vaccine

( AlMar 005/99 Anthrax Vaccination Program

© MARCORSEPSMAN

Encl: (1) Sample Anthrax Vaccination Order

1. Background

a. Due to recent events throughout the world there is a

potential that certain units of the United States Marine

Corps Reserve will be activated, mobilized, and deployed to hostile

areas of the world. Because these Reserve

units may be deployed to locations where there is a risk of exposure to

anthrax, it is necessary to inoculate the

members of these units with the anthrax vaccine.

b. Following authorization from the Secretary of the Navy to

inoculate Reserve servicemembers with the

anthrax vaccine, Marine Forces Reserve intends to inoculate all

personnel who may be deployed to areas of the

world where there is a threat of anthrax exposure. Reference (a)

provides guidance to commanders on the

reintroduction of the anthrax vaccine immunization program (AVIP)

throughout the Marine Corps. Commanders

should read reference (a) in its entirety prior to initiating their

unit AVIP.

2. Issues

a. Is an order to receive an anthrax vaccine inoculation (AVI) a

lawful order?

b. What steps should the commander take prior to initially

ordering his reserve component servicemembers to

receive an AVI?

c. What administrative and judicial means are available to a

commander if the servicemember refuses an AVI

after being given a lawful order to do so?

3. Discussion

a. First and foremost, an order from the commander to a

servicemember to receive an AVI is a lawful order.

“Marines who choose to ignore the threat and refuse vaccination will be

held fully accountable and may be subject

to adverse disciplinary or administrative proceedings, or both, at the

commander’s discretion.” See reference (.

Therefore, the commander of a Marine or Sailor who refuses the anthrax

vaccine can and should regard the

refusal the same as he or she would regard any other disobedience of a

lawful order.

b. Violation of a Lawful Order. “When a commander gives an

order that is reasonably necessary to

accomplish a mission -- including an order involving protective

measures, such as defensive positioning, wearing

protective armor, or taking a vaccine to counter a biological weapon --

a servicemember is obligated to obey or

face punishment under Articles 90, 91, or 92, [uniform Code of Military

Justice (hereinafter “UCMJ”)].[1] The

appropriate charge depends upon the person who issued the order, the

person who received the order, and

whether the violation is willful, negligent, or simply careless. When

the order to the servicemember is issued by a

superior commissioned officer and the servicemember’s violation is

willful, the servicemember should be charged

with violation of Article 90(2), UCMJ.[2] If the person issuing the

command is a warrant officer, noncommissioned

officer, or petty officer and the accused willfully disobeys the order,

the appropriate charge is violation of Article

91(2), UCMJ.[3] If the person giving the order is not a superior

commissioned officer to the accused, or a

warrant, noncommissioned officer, or petty officer, but the accused has

a duty to obey the order and fails to do so

he or she should be charged with violation of Article 92(2), UCMJ.[4]

c. Lawfulness of the Order. When an accused is charged

with disobedience of a lawful order under

Articles 90, 91, or 92 of the UCMJ the order is presumed to be lawful,

unless it is patently illegal.[5] Although the

presumption is rebuttable, an order requiring the performance of a

military duty or act may be inferred to be lawful

and it is disobeyed at the peril of the subordinate.[6]

Servicemembers cannot justify their disobedience of a lawful

order by asserting that their life or health would be jeopardized.[7]

Additionally, even though reference (a)

requires the commander

[1] United States v. Washington, 2002 CAAF LEXIS 1251.

[2] Any person subject to this chapter who … (2) willfully disobeys a

lawful command of his superior commissioned officer

shall be punished … as a court-martial may direct.” UCMJ art. 90

(2000).

[3] Any warrant officer or enlisted member who … (2) willfully

disobeys the lawful order of a warrant officer,

noncommissioned officer, or petty officer … shall be punished as a

court-martial may direct.” UCMJ art. 91 (2000).

[4] Any person subject to this chapter who … (2) having knowledge of

any other lawful order issued by a member of the

armed forces, which it is his duty to obey, fails to obey … shall be

punished as a court-martial may direct. UCMJ art. 92

(2000).

[5] Part IV, para. 14c(2)(a)(i), Manual for Courts-Martial

(hereinafter “MCM”) (2002), Ponder v. Stone, 54 M.J. 613,

616 (N.M.Ct.Crim.App. 2000).

[6] Part IV, para. 14c(2)(a)(1), MCM (2002).

[7] United States v. Washington, 54 M.J. 936, 940 (A.F. Ct. Crim. App.

2001).

to brief servicemembers on the anthrax vaccine prior to requiring them

to submit to inoculation, the lack of

training is not a defense to the offense of disobedience of a lawful

order.

d. Steps the Commander Should Take Prior to Directing

Servicemembers to be Inoculated.

(1) Education. Prior to ordering their active duty or

reserve Marines to subject themselves to the anthrax

vaccine, “[c]ommanders shall ensure that all personnel under their

command are briefed, covering topics in the

member’s brief, leader’s brief, and trifold. … Leaders should also

review the commander’s education toolkit and

the questions and answers posted on the website.” See reference (a)

for additional guidance.

(2) Reference (a) recommends that the command begin its

education campaign days prior to the initial unit

AVI. Since this will not be possible on a drill weekend, it is

recommend that the command begin the education

stage of AVIP as soon as the unit reports, then begin the AVI in the

afternoon on the first day.

(3) Following the education campaign, the commander should

inform all persons of his command that they

are required to receive the anthrax inoculation.

e. What administrative and judicial actions should the commander

take if a servicemember refuses the AVI?

(1) Although anthrax education is not required by law, the

commander should not order Marines and

Sailors to receive an AVI until after qualified medical personnel have

provided anthrax education in accordance

with reference (a).

(2) Marines and Sailors who refuse AVI after the command

education campaign should be counseled by a

command representative (not the commanding officer) and appropriate

medical staff about the validity of the

anthrax program. The command representative and medical person should

be prepared to explain the validity of

the anthrax program, correct any disinformation the servicemember may

have received, and answer questions. If

possible, the servicemember refusing the AVI should be given the

opportunity to discuss his or her decision and

the legal ramifications of continued refusal with a judge advocate.

(3) Any Marine or Sailor who refuses to receive

an AVI after unit level anthrax education by

qualified medical personnel and individual counseling by the command

representative and qualified medical

personnel should be immediately given a written order by a commissioned

officer, preferably in the

servicemember’s chain of command, to receive the anthrax vaccine. The

commanding officer should sign the

order. However, he should not deliver the order to the servicemember

since this may create “accuser” issues if

the case is referred to a court-martial. The enclosure provides a

sample letter to be used for this purpose.

[8] The government is not required to prove the accused received

education establishing the efficacy of the anthrax vaccine in

order to establish the lawfulness of the commander’s order to be

inoculated. Id. at 941.

(4) If the servicemember refuses to comply with the

written order, the command should immediately

document the refusal as a violation of a lawful order via an official

record book counseling entry (paragraph 6105,

reference ©) regardless of the ultimate outcome. Note: subsequent

compliance does not preclude nonjudicial

punishment or administrative action, if the commander determines the

individual case warrants such action.

(5) Following refusal of the written order, the commander

may take any disciplinary action (i.e., referral of

charges to a court-martial) or adverse administrative action

(nonjudicial punishment or administrative separation)

he or she deems appropriate.

4. Conclusion

a. Per paragraph 5 of reference (a), AVIP is a command

responsibility. It is desired that education and

counseling will secure compliance with the AVIP. The goal is to employ

the force of law only when necessary.

Misinformation about this program must be countered with accurate

information provided by the chain of

command.

b. Following the authorization to inoculate members of reserve

units with the anthrax vaccine, commanders

may issue a lawful order to the Marines and Sailors of his or her

command per reference (a). The failure to obey

a lawful order to receive AVI subjects the Marine or Sailor to charges

under Article 90, 91, or 92 , UCMJ at

either a court-martial or nonjudicial punishment. Additionally,

servicemembers who refuse AVI can be processed

for administrative separation under paragraph 6203.2.((4) of the

MARCORPSEPMAN.

c. Commanders who desire further legal advice or guidance on

anthrax refusal issues can contact Lieutenant

Colonel P. Mahne at DSN 678-8059, commercial (504) 678-8059 or

Major Sayegh DSN 678-8067,

commercial (504) 678-8067.

K. P.

MAHNE

SSIC

date

From: Commanding Officer, (Unit)

Rank, First Name, Middle Initial, Last Name, SSN/MOS USMC®

Subj: ANTHRAX VACCINATION ORDER ICO RANK, FIRST NAME, MIDDLE

INITIAL, LAST NAME, SSN/MOS USMC ®

Ref: (a) SECNAVINST 6230.4

( MarAdmin 502/02 Reintroduction of the anthrax vaccine

1. You are hereby ordered to take the first, second, third, etc. shot

of six anthrax immunizations.

2. This order is a lawful order. Failure to obey may result in

adverse administrative or disciplinary action.

3. Per the references, you have been briefed regarding the necessity

of immunization and the vaccine’s safety and

benefits by the following health care provider, Lieutenant S. W. Bones,

MC, USN.

C. O. OFFICER

--------------------------------------------------------------------------------\

--------------------

date

FIRST ENDORSEMENT

From: Rank, First Name, Middle Initial, Last Name, SSN/MOS USMC®

Commanding Officer

1. I acknowledge receipt of the above written order to receive anthrax

immunization.

FI. MI. LAST NAME