Sen. Richard Blumenthal, when he was Connecticut's Attorney General, called on the DoD to "abandon" its "illegal conduct" as early as 2001. Just as service member's health rights were abrogated with the "stroke of a pen," the President is now respectfully requested to consider ordering the correction of military records through an Executive Order or a Presidential Proclamation to reverse the punishments caused by a "patently illegal order" (DoD MCM, pg. 304). Attorney General Blumenthal filed an Amicus brief with the federal court against anthrax vaccine.
Bottom line up front: Service-members challenging the AVIP were the "prevailing party" because the government’s position was not “substantially justified.”
"The EAJA provides that a prevailing party in a non-tort suit against the United States is entitled to fees and expenses unless the government’s position was “substantially justified.” ...
Given the unreasonableness of the agencies’ initial position before the lawsuit, and their sharp changes in December 2003 – issuing a final order after 18 years that contradicted the proposed order – the Court concludes that the government was not substantially justified in this case...
The Court concludes that plaintiffs are entitled to fees and costs for litigating this action, including on appeal, because plaintiffs are the prevailing party and the government’s position was not substantially justified."
Outcome: Attorneys in this case were reimbursed approximately $230,000. The court would not have ordered the government to pay, and the government would not have paid, were it not for the fact they broke the law. The government lost because the anthrax vaccine was not properly licensed by the FDA, and therefore the mandatory AVIP was illegal pre-2006. The final ruling ordering payment protected the government from further admissions of guilt or liability for their violations of the law.
request of the President
Correct military records of any Service member
punished over the illegal anthrax vaccine program