May 19, 2021

It’s the ChiCom Virus, Stupid!

Pandemic litigation and liability should be directed at Red China

“All men having power ought to be distrusted…” —James Madison (1787)

Back in 1992, Bill Clinton’s “Ragin’ Cajun” campaign adviser, James Carville, sharply focused Clinton’s campaign message on the economy with a single mantra, which the Democrat Party’s mass media publicists dutifully repeated ad nauseam: “It’s the economy, stupid!”

This single, simple message ensured that George H.W. Bush’s reelection bid would fail.

Today, given the mass confusion over how businesses, schools, and other institutions should endeavor to reopen after the devastating ineffective lockdowns, the focus is quickly shifting to litigation and liability (and insurability) — the most menacing obstacle to the return of social normalcy. Many organizations are endeavoring to cover their backsides by complying with the CDC guidelines to avoid liability. But the CDC has been about as clear as mud on those recommendations, particularly in regard to its inconsistant distancing and masking requirements.

But politicians and litigators are missing their target by 12,500 miles. To paraphrase James Carville, “It’s the ChiCom Virus, stupid!” The litigation target should be China and its dictator, Xi Jinping.

That notwithstanding, the Biden administration’s COVID vaxxing and masking “recommendations,” by way of the CDC and non compos mentis clown Anthony Fauci, are creating enormous litigation opportunities and potential revenue windfalls for one of the Demos’ biggest benefactor constituencies — trial lawyers.

That masked man, Joe Biden, took off his muzzle long enough this week to declare, “Those who are not vaccinated will end up paying the price.” This despite the fact that Biden’s overt message about the vaccine, given he took so long to unmask, is that the vaccine must not work.

And this even though the CDC has finally ended its “yearlong pseudoscientific face-diaper folly,” as our editor Doug Andrews noted.

The fact is, ALL Americans have already paid a heavy price in terms of human, economic, and civil-liberties losses, and though the illnesses and deaths are subsiding thanks to Donald Trump’s remarkably successful vaccine development program, the overall toll will continue as long as the Biden/Harris regime fails to lead with clarity.

Last April, 13 months ago, we sounded the litigation alarm. As the pandemic was piling up its victims (accelerated by Democrat “leaders” like Andrew Cuomo who were piling up their personal fortunes), our legal analyst John Bastiat wrote, “The parasites are out again — and by ‘parasites’ we mean those dark-hearted lawyers known as ‘ambulance chasers’ — to take advantage of the devastation wrought by the ChiCom Virus pandemic.”

Bastiat noted: “Virtually every brick-and-mortar entity is vulnerable. If its employees or customers get sick, it’s a potential target for the ambulance-chasing crowd. Why? Because, of course, these institutions didn’t take ‘adequate precautions’ to prevent illnesses and/or deaths. Never mind that COVID-19 is a highly infectious disease or that one can be asymptomatic for weeks while still infecting others. No, the important thing is that every one of these entities, large or small, has pockets — some deeper than others, but no matter: pockets are pockets. And the ambulance chasers will certainly be able to find ‘fault’ even where it doesn’t exist.”

Or at least threaten to find “fault” in order to “settle.” Heading off the litigation pandemic should have happened through providing a substantial measure of business and institutional immunity from liability associated with COVID illness and death.

Despite the Trump administration’s efforts to get ahead of the litigation bomb, Democrats blocked those efforts. As Thomas Gallatin noted last July, then-Senate Majority Leader Mitch McConnell (R-KY) warned his colleagues of the need to deter the “epidemic of lawsuits on the heels of the pandemic.” Predictably, then-Senate Minority Leader Chuck Schumer (D-NY) led the charge to deny any caps on litigation and liability. According to Schumer, he was looking out for “workers and families, not special interests.” Of course, the special interests he was really looking out for were his trial lawyer benefactors.

Now, of course, the nation’s private and public sector institutions can’t rely on any relief from ChiCom Joe Biden, who unlike Trump, is so deeply embedded with the Red Chinese that he is not about to direct litigation toward his buddy Xi and the Chinese Communists responsible for the pandemic.

Fortunately, some Republican state governors are stepping in to both take control of the masking mandates and forging COVID liability shields in order to “encourage reopening by protecting businesses from lawsuits.” The state liability limits are essential, because Senate Bill 4317, which would limit liability, is still being held hostage by Schumer.

And with Trump gone, we now hear hardly a whimper about where the legions of litigators should focus their attention.

As I noted last April by way of suggesting that Trump should “send Xi the bill” for the devastation caused by the pandemic, “There is a clear and indisputable liability case to be made against China, which should include remuneration of the economic costs to our nation.”

For two months, under the direction of Xi Jinping, China actively concealed evidence of the emerging threat ahead of the pandemic, systematically covering up the viral outbreak in China, which resulted in the spread of CV19 here in the U.S. and around the world.

The most damning evidence of China’s abject negligence and liability is the estimate of pandemic researchers that had Xi informed the world just three weeks earlier than he did, it would’ve reduced the spread by 95%.

Notably, the earliest alarms about the negligence associated with the release of this deadly pathogen were raised before the ChiCom puppets at the World Health Organization declared it a public health emergency on 31 January 2020.

It was Arkansas Republican Senator Tom Cotton, a U.S. Army veteran, who made this connection between SARS-CoV-2 and the Wuhan Institute of Virology: “We know that just a few miles away from that food market [where the disease was first contracted] is China’s only biosafety level 4 super laboratory, which researches human infectious diseases.” Cotton added: “The Chinese Communist Party has once again been caught red-handed covering up, suppressing, and censoring a serious public health risk, which could increasingly be a global public health risk. For weeks, China did not come clean about the coronavirus that they first said was only being passed from animals to humans in a seafood market in Wuhan in China.”

This week, former Secretary of State Mike Pompeo said: “The evidence that the virus came from Wuhan is enormous, though largely circumstantial, and most signs point to the Wuhan Institute of Virology, or WIV, as the source of COVID-19. … In January 2021, the State Department confirmed that people had fallen mysteriously ill at WIV in fall 2019, and that the WIV conducts secret bioweapons research with the PLA. … The world must hold the Chinese Communist Party accountable and punish Beijing… The Chinese Communist Party’s recklessness has already cost the world too much, and its obfuscation guarantees this won’t be the last such tragedy.”

Thus, while the House was busy passing a symbolic “hate crimes bill” this week, ostensibly in response to the rise in the number of attacks against people of Asian ancestry (which are disproportionately being committed by people of African ancestry), the real Asian hate crime is the pandemic the ChiComs released on our nation in October of 2019.

Again, for the politicians and litigators: It’s the ChiCom Virus, stupid!

Semper Vigilans Fortis Paratus et Fidelis
Pro Deo et Libertate — 1776


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