Post 50: Ending the Public Health Emergency Legally - Action Item for RFK Jr.

5 USC § 3331 & § 3332 - Oath of office and Officer affidavit; no consideration paid for appointment. Use the law in your favor...foist them with their own petard.

Apr 13, 2025

The Public Health Emergency (PHE) has been ongoing since 2019, having been declared by then HHS Secretary Alex Azar (Trump administration) and extended by Xavier Becerra (Biden administration) until 2029.

As some of my readers may remember, in Post 27 I reported on Lisa McGee’s work in understanding the process by which officers under the Constitution and federal law enter and are granted authority to do their duties.

Xavier Becerra may have been appointed as Secretary of the HHS by the Senate but he never completed his legally required task of signing a legally binding Appointment Affidavit - or also known as the oath of office. This was established by Lisa McGee on an earlier request she made on several members of the Biden administration. Here is the example of the process Lisa went through when requesting this document from HHS for Becerra’s Appointment Affidavit - which HHS/FOIA couldn’t (or wouldn’t) produce. Here is the letter that Lisa received from HHS:

So, the FOIA reply to Lisa is basically - We got your request, we are delaying your request due to having to search for this document in another office, which we can classify as an “unusual circumstances”.

Right - the FOIA office doesn’t have access to the one document that is require to be present and available to the public.

Since the HHS could not locate the oath of office for Mr. Becerra, I checked to see if the office of the inspector general had the appointment affidavit for Christi A. Grimm (the Inspector General for HHS):

The form is not witnessed (the signature field is blank) and is unsealed, with no notary signature as well.

So far, from the top of the HHS office, down to the OIG, none of the officers have a complete and correct form that worked under Biden. None are sworn in, legally.

I am still following up on Alex Azar.

The HHS Office of Kennedy Under Attack

The recent interview with Secretary Kennedy , where he talked about the MMR vaccines as a tool to protect against measles, is exactly the wrong place to address a manufactured “health” crisis.

Nuance, knowledge and discernment are needed to understand the tightrope of medical decision making and the rights and freedoms of parents and patients to decide their medical treatments. CBS was there to spike the football when a child died…not from measles…but from a sick-care system that is covering its ass due to incompetence in treatments. Medical errors are the third leading cause of death in the US. This child was killed by an industrialized hospital system.

End of story.

The reason that we have seen all these news items and pearl-clutching reports in MAHA and medical freedom groups is that a new narrative is trying to be imposed. This is part of a coordinate attack to weaken the support Kennedy has in Congress and to stoke the frustration of millions of advocates and supporters in MAHA.

Don’t yell at Bobby. Tell your Representative and Senator to support more aggressive actions by RFK, Jr. The real target of all of these attacks are to begin queries and investigations by Congress to slow the process down. That’s the real target.

But, I’m here to provide some more ammunition to speed up the process for Secretary Kennedy.

Fraud Vitiates All Contracts

5 U.S. Code § 3331 - Oath of office

An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.

The shall clause “shall take the following oath” is binding and required. There is no wiggle room for this section of the US federal law.

5 U.S. Code § 3332 - Officer affidavit; no consideration paid for appointment

An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment.

The shall clause (again) is required. The officer (the HHS Secretary in this case) is required to file an affidavit of the oath of office! None can be found for Xavier Becerra. None has been presented or produced since 2023.

This means the following:

No evidence is held by the HHS OIG or the Office of the Secretary of the HHS that Mr. Becerra was ever, legally, the Secretary of HHS.
If no evidence is available that Mr. Becerra has a valid oath of office, all actions, declarations, contracts, agreements and rulings are null and void, ab initio (from the start).
The declaration of a public health emergency (PHE) and the continuation of the PHE are invalid, illegal and void.
All moneys, released by HHS and applied to the PHE to the States, are activities of fraud and can be legally clawed back or stopped.
Mr. Becerra, ignoring his requirement to file an oath of office, is prima facie evidence of knowingly committing fraud.
18 U.S. Code Chapter 47 Part I - FRAUD AND FALSE STATEMENTS means that every action taken by Mr. Becerra is a fraudulent activity that can be charged to him.

At this point, if there is a will to stop the farce of the COVID assault and the use of the public health and medical system on the American citizen, it is possible to simply search the Federal Register or the offices of the HHS for the signed and sealed oath of office affidavit.

The evidence exists that this is part of a coordinated effort, across multiple departments and agencies, to engage in a criminal conspiracy to defraud the American government. RICO comes to mind quite easily.

Again, the case for a criminal conspiracy is prima facie. ALL the appointees, so far investigated, either do not have an oath of office affidavit on file or the forms are faulty and incomplete. I do mean ALL appointees of the Biden administration.