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Solyndra_ Gardasil and the Supreme Court 12-16_2011

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					Solyndra, Gardasil and the Supreme Court                                                                 10/1/11 11:00 AM




   Published on Judicial Watch (http://www.judicialwatch.org)



   Solyndra, Gardasil and the Supreme Court




                                                                                     September 16, 2011

               From the Desk of Judicial Watch President Tom Fitton:

               Solyndra Scandal Hits Obama White House

               Two weeks ago, alternative energy company Solyndra, which received
               $535 million in “stimulus” loan guarantees from the Obama
               administration, collapsed [1]. Solyndra was the poster child for the
               Obama administration’s claim that it could create green jobs with
               taxpayer money. Now 1,100 more people are out of work and American
               taxpayers are on the hook for half a billion dollars.

               But while this ought to be an abject embarrassment for the dirigistes in the Obama
               administration, there’s a much bigger story behind the Solyndra scandal. It involves a
               concerted effort by White House officials to improperly rush the Solyndra loan decision
               for political reasons.

               The Washington Post         [2]   had the exclusive story:

                        The Obama White House tried to rush federal reviewers for a decision on a
                        nearly half-billion-dollar loan to the solar-panel manufacturer Solyndra so
                        Vice President Biden could announce the approval at a September 2009
                        groundbreaking for the company’s factory, newly obtained e-mails show.

                        The Silicon Valley company, a centerpiece in President Obama’s initiative to
                        develop clean energy technologies, had been tentatively approved for the
                        loan by the Energy Department but was awaiting a final financial review by
                        the Office of Management and Budget.

                        The August 2009 e-mails, released exclusively to The Washington Post, show
                        White House officials repeatedly asking OMB reviewers when they would be
                        able to decide on the federal loan and noting a looming press event at which
                        they planned to announce the deal. In response, OMB officials expressed
                        concern that they were being rushed to approve the company’s project
                        without adequate time to assess the risk to taxpayers, according to
                        information provided by Republican congressional investigators.

               The Post goes on to detail some of these email messages. Here’s one of them:

                        “We have ended up with a situation of having to do rushed approvals on a
                        couple of occasions (and we are worried about Solyndra at the end of the

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                        week),” one official wrote. That Aug. 31, 2009, message, written by a senior
                        OMB staffer and sent to Terrell P. McSweeny, Biden’s domestic policy
                        adviser, concluded, “We would prefer to have sufficient time to do our due
                        diligence reviews.”

               Now here’s where mere incompetence turns into corruption. Want to guess the name of
               Solyndra’s biggest financial backer? Tulsa billionaire and Obama fundraiser George
               Kaiser.

               So, in sum, the Obama administration rushed through a half billion dollar bailout loan to
               a now bankrupt alternative energy company bankrolled by one of Barack Obama’s top
               campaign fundraisers!

               But wait, there’s more.

               The Washington Post article coincides, not coincidentally, with a House Energy and
               Commerce Committee investigation and hearing [3] this week that is exposing the
               Solyndra issue as a major scandal for this administration. While we appreciate Congress’
               work, we think it is important that an independent investigation is conducted, free of
               politics, into this matter. Accordingly, Judicial Watch has launched a full investigation of
               its own. We’ve already submitted Freedom of Information Act (FOIA) requests to the
               Department of Energy (DOE), the Office of Management and Budget (OMB), the
               Treasury Department and the General Accounting Office (GAO) for records related to the
               loan guarantee, interagency communication regarding the loan and communications with
               Solyndra’s private financiers.

               While JW’s probe is still in its early stages, here are a few things our experienced
               investigators have already dug up:

                  1. According to a July 2010 GAO report [4], “DOE’s implementation of the [loan
                     guarantee] program has favored some applicants and disadvantaged others in a
                     number of ways.” The GAO cites five companies DOE handed conditional financial
                     commitments to before receiving reports from external reviewers. Solyndra was
                     one of them.
                  2. Argonaut Ventures, LLC, controlled by Obama fundraiser Kaiser, owns 39% of
                     Solyndra. Kaiser, the 64th richest person in the world, was an Obama campaign
                     bundler who raised $50,000 for the Obama presidential campaign. He made no
                     less than nine visits to the White House between March 12, 2009, and April 14,
                     2011, including a June 25, 2009, visit with Valerie Jarrett and former White House
                     Chief of Staff Rahm Emanuel. A number of Solyndra officers have visited the
                     Obama White House as well, including the company’s CEO. (Yet another example
                     of why JW is fighting so hard in court (with great success [5]) to obtain ALL Obama
                     White House visitor logs which are so important.)
                  3. Solyndra was never close to solvent. According to a document filed by the
                     company with the SEC on March 18, 2010: “We have incurred significant net
                     losses since our inception, including a net loss of $114.1 million in fiscal 2007,
                     $232.1 million in fiscal 2008 and $172.5 million in fiscal 2009, and we had an
                     accumulated deficit of $557.7 million at January 2, 2010. We expect to continue to
                     incur significant operating and net losses and negative cash flow from operations
                     for the foreseeable future…”
                  4. The government’s interest rate on the Solyndra loan is significantly lower (at least
                     50% lower), than the interest rates given to other beneficiaries of DOE stimulus
                     funds. For example Kahaku Wind Power received an interest rate of 3.406% from
                     the federal government. Solyndra’s interest rates ranged between 1.025 to
                     1.515%.
                  5. During a February 2011 restructuring, the DOE weakened its creditor position to
                     benefit Argonaut/Kaiser. According to Forbes: “As its finances deteriorated,

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                        Solyndra restructured its debt in February. Argonaut Ventures, which owns 38.99%
                        of Solyndra, led a group that agreed to make a $75 million loan available in
                        exchange for the right to be repaid first if the company failed. Next in line is the
                        U.S. government – i.e. the taxpayers – who are owed the $527 million given to
                        Solyndra to build the robotic assembly plant known as Fab 2.” But under the terms
                        of loan agreement [6], the American taxpayers were, by law, first in line for
                        repayment.

               As I say, our investigation is ongoing. This is just the tip of the iceberg. For instance,
               there’s a report [7] in the Post today detailing how the Obama administration was more
               concerned about how it might look politically if Solyndra failed than about the possibility
               of outrageous losses to the American taxpayer.

               I have a take that some hack Republicans may
               not like. The DOE loan guarantee program is                 CORRUPTION CHRONICLES
               authorized under a horrible law, the Energy            [8]
               Policy Act of 2005, signed by President George        DOJ Protects Teachers With Unacceptable
               W. Bush with the support of most Republicans          English Skills [9]
               (and then-Senator Obama). This law came out           Internal Docs List Crimes Tied To ATF Gun
                                                                     Operation [10]
               of the secretive Cheney Energy Task Force [16],       $500k For Hip-Hop Public School [11]
               which in order to expose its inner-workings           Report “Fishy” Speech Part II [12]
               Judicial Watch famously took all the way to the       Another $30 Mil For A “Green” Project [13]
               United States Supreme Court. Our                      HHS Privately Calls Obamacare “Recipe For
                                                                     Disaster” [14]
               investigations did find that the Task Force was
                                                                     U.S. Spends $10.7 Mil To Train “Low
               little more than a special interest bazaar            Literacy” Latinos [15]
               through which environmentalists, companies
               and industries could make the case for
               government subsidies of their pet projects and concerns. So it was no surprise that the
               illegally secretive Task Force resulted in a law designed to dish taxpayer monies to
               favored corporations and interests. In my experience, corrupt and secretive government
               processes lead to corrupt and wasteful legislation. That is true with Obamacare and it is
               true with the Bush energy law.

               So it is also no surprise that a committed socialist like Obama would happily use the
               Bush energy law’s provisions to spend billions to help companies like Solyndra. Judicial
               Watch took some flak from some of our conservative friends for opposing the Bush
               administration over this secret Task Force. The lesson out of all this for liberals who hate
               Bush and conservatives critical of Obama is that Big Government, Big Secrecy and Big
               Corruption walk together, hand in hand.

               Much more to come…

               Gardasil and Presidential Politics

               The HPV vaccine is back in the news this week courtesy of Monday’s debate among
               Republican candidates for president. At issue is Texas Governor Rick Perry’s horrible
               decision [17] in February 2007 to require sixth grade girls to be administered the
               controversial Gardasil vaccine against Human Papillomavirus (HPV). He did not wait for
               the legislature to act. He imposed the requirement via executive order. (Thankfully it
               was rescinded by both houses of the Texas legislature in May 2007.) Judicial Watch has
               been a national leader [18] in investigating the Gardasil push.

               During the debate, Governor Perry, the current front-runner for the Republican
               nomination, took sustained fire from his opponents over the issue, especially Minnesota
               Congresswoman Michelle Bachmann. Politico [19] had the story:

                        Michele Bachmann accused Rick Perry of using sixth-grade girls as profit


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                        engines for a drug company at the CNN/Tea Party Express debate, lacing
                        into the Texas governor for having attempted to mandate the HPV vaccine
                        for young teenagers.

                        “To have innocent little 12-year-old girls be forced to have a government
                        injection through an executive order is just wrong,” Bachmann said. “Little
                        girls who have a negative reaction to this potentially dangerous drug don’t
                        get a mulligan.”

               Judicial Watch knows quite a bit about the “negative reactions” experienced by girls who
               have been forced to take Gardasil. Our Gardasil investigation [18], which began in May
               2007, has unearthed shocking incidents of death and illness caused by the vaccine as
               detailed in “adverse reaction” reports obtained by JW from the Food and Drug
               Administration (FDA). There have been literally thousands of cases documented in these
               reports, which read like a catalog of horrors.

               Here are just a few examples from the last batch of reports we uncovered through the
               Freedom of Information Act one year ago in September 2010. Warning, this information
               is very graphic:

                        A nineteen year old girl with no medical history except occasional cases bronchitis
                        received Gardasil and in 53 days, had “Headache, Nausea, dizziness, chilling,
                        tiredness, shortness of breath, complained of chest plain, severe cramps.” She
                        experienced an Acute Cardiac Arrhythmia. Attempts to resuscitate her resulted in a
                        sternal fracture, but were unsuccessful and the patient died. — V. 356938 [20]
                        A thirteen year old girl was vaccinated on July 17, 2009. Ten days later, she
                        developed a fever and was treated. However, “the patient did not recover and was
                        admitted to the hospital on [August 8]…She developed dyspnoea and went into
                        coma…she expired [that day] at around 9:00 pm. The cause of death was
                        determined as ‘death due to viral fever.’ … This event occurred after 23 days of
                        receiving first dose of Gardasil.” — V. 380081 [21]
                        Thirteen days after vaccination, a ten year old girl developed “progressive loss of
                        strength in lower and upper extremities almost totally…Nerve conduction studies
                        [showed Guillain Barre Syndrome].” Case was “considered to be immediately life-
                        threatening.” — V. 339375 [22]

               One mother of a 13-year-old girl who died 37 days after receiving the vaccination noted
               in a report: “I first declined getting her the vaccination but her doctor ensured me that it
               was safe…” After her daughter complained of a severe headache, no feeling in her foot
               and a tingling feeling in her leg, a doctor’s appointment was set for October 23, 2009.
               “My daughter never made it to Oct[ober] 23rd, which is also her birthday,” the mother
               noted. “She passed on Oct[ober] 17th, I found her cold unresponsive in her room at
               7am....”

               In response to the concerns raised by Judicial Watch, the CDC and other public health
               authorities have been forced to admit some of the dangers of Gardasil. Importantly,
               these agencies are now deploying damage control [23] measures in an attempt to
               minimize the Gardasil related deaths:

                        As of June 22, 2011 there have been a total 68 VAERS reports of death
                        among those who have received Gardasil®. There were 54 reports among
                        females, 3 were among males, and 11 were reports of unknown gender.
                        Thirty two of the total death reports have been confirmed and 36 remain
                        unconfirmed due to no identifiable patient information in the report such as a
                        name and contact information to confirm the report. A death report is
                        confirmed (verified) after a medical doctor reviews the report and any
                        associated records. In the 32 reports confirmed, there was no unusual


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                        pattern or clustering to the deaths that would suggest that they were caused
                        by the vaccine and some reports indicated a cause of death unrelated to
                        vaccination.

               Not exactly reassuring, is it?

               Now, the question that inevitably follows is this: Why would the government consider
               mandating the use of a vaccine of questionable effectiveness that has proven to be
               deadly? Bachmann took this question up during the debate.

               The Minnesota congresswoman went even further, accusing Perry of handing out favors
               to a company, Merck, represented by his former top aide, Mike Toomey.

                        “There was a big drug company that made millions of dollars because of this
                        mandate,” Bachmann said. “The governor’s former chief of staff was the chief
                        lobbyist for this drug company.”

               Governor Perry denied the accusation. But there’s no denying that Merck employed a
               massive lobbying campaign to force the government to mandate the Gardasil vaccine:
               “Merck lobbied every opinion leader, women’s group, medical society, politicians, and
               went directly to the people — it created a sense of panic that says you have to have this
               vaccine now,” Dr. Diane Harper told The New York Times [24]. (Dr. Harper was the
               principle investigator on the clinical trials of Gardasil.) “Because Merck was so
               aggressive, it went too fast.”

               Lightning fast. The FDA inexplicably fast-tracked the vaccine as it quickly moved from
               “newly minted vaccine to must-have injection,” as noted by the Times. Judicial Watch
               and public pressure put a stop to Merck’s efforts to lobby the government to mandate
               the vaccine, at least for now. Hopefully, given the attention to Governor Perry’s decision,
               this vaccine itself will get a second look.

               The “grown-ups” in the media suggest that, while it is fair game to raise questions about
               the reasons behind Perry’s decision to mandate the vaccinations, no one can reasonaby
               challenge the vaccine itself. Judicial Watch begs to differ [18]. And so did the New
               England Journal of Medicine [25]:

                        Policymakers, clinicians, and parents have a keen sense of urgency about
                        HPV vaccination. On one hand, the vaccine has high efficacy against certain
                        HPV types that cause life-threatening disease, and it appears to be safe;
                        delaying vaccination may mean that many women will miss an opportunity
                        for long-lasting protection. On the other hand, a cautious approach may be
                        warranted in light of important unanswered questions about overall vaccine
                        effectiveness, duration of protection, and adverse effects that may emerge
                        over time. HPV vaccination has the potential for profound public health
                        benefit if the most optimistic scenario of effectiveness is realized.

               Given all the questions about Gardasil, the best public health policy would be to
               reevaluate its safety and to prohibit its distribution to minors. At a minimum,
               governments should rethink any efforts to mandate or promote this vaccine for children.
               We should end the public health experiment that is the Gardasil vaccination effort.

               JW and Arizona State Legislature Call on Supreme Court to Resolve Obama Attack
               on SB 1070

               When the Obama administration brazenly sued Arizona over its illegal immigration
               enforcement law, SB 1070, the dispute was widely expected to reach the U.S. Supreme
               Court. That day may soon be at hand.


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               On September 12, we filed an amicus curiae [26] (friend of the court) brief with the U.S.
               Supreme Court on behalf of the Arizona State Legislature, supporting the State of
               Arizona’s petition to the Supreme Court to review the Obama administration’s lawsuit
               against SB 1070.

               As you may recall, on April 11, the U.S. Court of Appeals for the Ninth Circuit upheld an
               injunction against enforcement of some of the law’s provisions, prompting the State of
               Arizona’s petition.

               The Arizona State Legislature, which is now a defendant [27] represented by JW in the
               Obama administration lawsuit, argues in its brief that SB 1070 is completely consistent
               with federal law:

                        …The [Arizona] Legislature invoked its well established police powers in
                        crafting SB 1070, for the purpose of protecting the people of Arizona. Rather
                        than welcoming the Legislature’s enactment, the United States sued Arizona.

                        Contrary to the view of the United States, not every state action related to
                        aliens is preempted by federal law. …Only the determination of who should
                        or should not be admitted into the country, and the conditions under which
                        that person may remain, is the regulation of immigration.

                        Accordingly, the Legislature enacted SB 1070 in reliance on the principle that
                        it had authority to utilize well-established police powers in areas touching on
                        immigration…

               Now, regarding those provisions that are currently blocked from being enforced due to
               the court’s injunction, the Arizona legislature wants them reinstated. These provisions,
               the legislature argues, would “significantly assist Arizona’s effort to protect its citizens
               from the adverse effects of illegal immigration.”

               And I’m sure you’ll agree with me that they are also eminently reasonable! Here’s what
               these disputed provisions will do:

                        Provide additional guidance to Arizona law enforcement officers as to how to
                        interact with individuals who may not be lawfully present. [Section 2(B)]
                        Utilize ordinary state police powers to create state criminal penalties for the failure
                        to comply with federal law. [Section 3]
                        Invoke Arizona’s broad authority to regulate employment under its police powers
                        to protect its economy and lawfully resident labor force from the harmful effects
                        resulting from the employment of unlawfully present aliens. [Section 5(C)]
                        Re-emphasize Arizona law enforcement officers’ pre-existing warrantless arrest
                        authority by authorizing a warrantless arrest of an individual who has already been
                        determined to have committed a public offense that makes him removable.
                        [Section 6]

               As you know, Judicial Watch is intimately involved in this critical illegal immigration
               battle. We filed our “Motion to Intervene [28],” on behalf of the Arizona State Legislature
               on February 11, 2011, a motion granted by U.S. District Judge Susan Bolton over the
               objections of the Obama Department of Justice (DOJ) less than two months later on April
               5. We also represented Arizona State Senate President Russell Pearce, the author of SB
               1070, who issued this statement regarding the Supreme Court amicus brief:

                        States have an inherent duty under law and the Constitution to protect their
                        citizens from those who break our laws. I pray the Supreme Court honors
                        states’ inherent authority and right under the police powers and supports
                        Arizona in the protection of our state from the Obama administration, who
                        has sided with foreign governments against our state and our citizens. The

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                        Obama administration’s attack on our state’s sovereign right to defend itself
                        from the illegal alien invasion is unconscionable. Already, the enacted
                        provisions of SB 1070 have helped reduce crime significantly and led to a
                        mass exodus of illegal aliens from our state. I know President Obama needs
                        votes from the open borders crowd and those who benefit from this invasion,
                        and doesn’t want the immigration laws enforced. He has made that
                        abundantly clear by his recent actions to reward those who have broken our
                        laws. He has refused to protect American jobs and the rights of our citizens
                        — Arizona will continue to take common sense steps to protect its own
                        citizens and our border.

               From the very beginning, we have made our position crystal clear. The Arizona State
               Legislature has the right to pass laws to protect its citizens from the scourge of illegal
               immigration. And the Arizona legislature crafted SB 1070 in a manner completely
               consistent with federal law.

               The Obama DOJ should do its job and start enforcing illegal immigration laws instead of
               attacking states that are lawfully attempting to deal with the problems of rampant illegal
               immigration. The Obama administration’s lawless approach to illegal immigration is a
               crisis that must be addressed. And we hope the U.S. Supreme Court accepts the State of
               Arizona’s petition, protects the rule of law and upholds the rights of the States to
               protect its citizens.

               As I said last week when discussing our efforts to promote illegal immigration
               enforcement in Georgia [29] and Pennsylvania [30], this is a 50-state problem.

               Until next week…




               Tom Fitton
               President


               Judicial Watch is a non-partisan, educational foundation organized under Section
               501(c)(3) of the Internal Revenue code. Judicial Watch is dedicated to fighting
               government and judicial corruption and promoting a return to ethics and
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               support of our efforts, click here [31] .


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     accountability amicus curiae Arizona bailout corruption Gardasil illegal immigration lawsuit loans
                                       michelle bachmann Rick Perry SB 1070 Solyndra white house

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                                                  (c) Judicial Watch

   Source URL (retrieved on 1 Oct 2011 - 6:48am): http://www.judicialwatch.org/weeklyupdate/2011/37-solyndra-
   gardasil-and-supreme-court

   Links:
   [1] http://www.washingtonpost.com/politics/solyndra-solar-company-fails-after-getting-controversial-federal-loan-
   guarantees/2011/08/31/gIQAB8IRsJ_story.html
   [2] http://www.washingtonpost.com/politics/white-house-pushed-500-million-loan-to-solar-company-now-under-
   investigation/2011/09/13/gIQAr3WbQK_print.html
   [3] http://energycommerce.house.gov/hearings/hearingdetail.aspx?NewsID=8897
   [4] http://www.gao.gov/new.items/d10627.pdf
   [5] http://www.judicialwatch.org/news/2011/aug/judicial-watch-victory-court-slaps-down-obama-administration-secrecy-
   rules-white-house
   [6] http://sec.gov/Archives/edgar/data/1443115/000119312510058567/dex1014.htm
   [7] http://www.washingtonpost.com/politics/obama-administration-e-mails-giving-more-taxpayer-money-to-solyndra-was-
   risky/2011/09/15/gIQAPacpVK_story.html?hpid=z5
   [8] http://www.judicialwatch.org/blog/2011/sep/hire-minorities-or-lose-govt-contracts
   [9] http://www.judicialwatch.org/blog/2011/sep/doj-protects-teachers-unacceptable-english-skills
   [10] http://www.judicialwatch.org/blog/2011/sep/internal-docs-list-crimes-tied-atf-gun-operation
   [11] http://www.judicialwatch.org/blog/2011/sep/500k-hip-hop-public-school
   [12] http://www.judicialwatch.org/blog/2011/sep/report-fishy-speech-part-ii
   [13] http://www.judicialwatch.org/blog/2011/sep/another-30-mil-green-project
   [14] http://www.judicialwatch.org/blog/2011/sep/hhs-privately-calls-obamacre-recipe-disaster
   [15] http://www.judicialwatch.org/blog/2011/sep/u-s-spends-10-7-mil-train-low-literacy-latinos
   [16] http://www.judicialwatch.org/litigation-cheney-energy-task-force
   [17] http://governor.state.tx.us/news/press-release/2292/
   [18] http://www.judicialwatch.org/gardasil
   [19] http://www.politico.com/news/stories/0911/63329.html
   [20] http://www.judicialwatch.org/files/documents/2010/VAERS-052009-to-092010-e1.pdf
   [21] http://www.judicialwatch.org/files/documents/2010/VAERS-052009-to-092010-e2.pdf
   [22] http://www.judicialwatch.org/files/documents/2010/VAERS-052009-to-092010-e3.pdf
   [23] http://www.cdc.gov/vaccinesafety/vaccines/hpv/gardasil.html
   [24] http://www.nytimes.com/2008/08/20/health/policy/20vaccine.html
   [25] http://www.nejm.org/doi/full/10.1056/NEJMe078060
   [26] http://www.judicialwatch.org/files/documents/2011/arizona-v-us-ussc-amicus-09122011.pdf
   [27] http://www.judicialwatch.org/news/2011/apr/judicial-watch-wins-motion-az-state-legislature-intervene-defense-sb-
   1070-against-obam
   [28] http://www.judicialwatch.org/files/documents/2011/us-v-az-mot2intervene-legislature-02112011.pdf
   [29] http://www.judicialwatch.org/files/documents/2011/glafhr-v-deal-appeal-amicus-08222011.pdf
   [30] http://www.judicialwatch.org/files/documents/2011/bekesha-pa-statement-08302011.pdf
   [31] https://www.judicialwatch.org/donate091611
   [32] http://www.twitter.com/JudicialWatch
   [33] http://www.twitter.com/TomFitton
   [34] http://www.facebook.com/pages/Judicial-Watch-Inc/92925746942
   [35] http://www.youtube.com/user/JudicialWatch
   [36] http://www.judicialwatch.org/full-rss
   [37] http://www.judicialwatch.org/weekly-updates




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