May 28, 2020


Does COVID-19 legally qualify as a "national emergency"?


Lynn Landes & Louise Francis, Co-Founders, (HAP)


If President Trump and the State Governors are going to yell “fire” in the crowded theater of American society, they should be able to prove that a fire actually exists, and what caused it.  For those seeking judicial relief from the COVID-19 federal and state “emergency” proclamations, we would like to bring your attention to the legal definitions of “emergency” and “major disaster” under federal law.  We are not lawyers, so this is an amateur effort.


The World  Health Organization (WHO) declared COVID-19 to be a pandemic and then proceeded to promote social isolation, safe distancing, closures of schools and universities, implementation of remote working policies, minimizing the use of public transport, and deferment of nonessential travel, among other suggestions. As a result, and in consultation with others, President Trump declared COVID-19 to be a “national emergency”, and unfortunately followed most of WHO’s ill-advised suggestions.  

However, is COVID-19 an “emergency” as defined under federal law, or even a “pandemic” as defined by WHO? First and foremost, under what part of the U.S. Constitution is there an exception to our personal liberties during an “emergency” or “major disaster”? 

Even if an exception exists, does COVID-19 qualify as either an “emergency” or a “major disaster”?  The Stafford Act, which defines the terms “emergency” and “major disaster”, does not mention pandemics or health issues in its definitions (see below) -

Sec. 102. DEFINITIONS (42 U.S.C. 5122) As used in this Act –  (1) Emergency - “Emergency” means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.  (2) Major Disaster - “Major disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity STAFFORD ACT > TITLE I > §§ 101-102 2 and magnitude to warrant major disaster assistance under this Act to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby...

Even if health “emergencies” are included in The Stafford Act or other federal laws, how can COVID-19 qualify as a “national emergency” or “major disaster” when it affects so few people, is often asymptomatic, and presents as a flu-type illness for most of the population? 

Based on current data of approximately 100,000 ‘alleged’ COVID-19 deaths, out of a population of 328 million Americans, only 0.03% of the population have died, which is not much worse than the seasonal flu.  Please note, those figures have been inflated by the CDC (some say by more than 100%), whose “guidance” directed public health officials and doctors to list any death, however remotely connected or “assumed” to be COVID-19, as such -

50% of U.S. counties had no COVID deaths at all, yet the whole country was shut down -

What is the federal legal justification, under a “national emergency” or “major disaster”, to quarantine the healthy, make them wear face masks, and “socially distance”? There is no science that supports these policies as being effective against the spread of any virus. From the beginning, it was predicted by public health officials themselves that COVID-19 would affect only a small subset of the general population, mainly the very elderly and those with serious underlying conditions.

The healthy and children, in particular, were predicted to be, and have been, overwhelmingly unaffected by COVID-19.  Yet, many states and counties are still shut down, and the CDC continues to recommend to the public that they practice social distancing, use hand sanitizers, and wear masks - all practices that many doctors say can be harmful to the public’s health, particularly children -

 Some experts say that there is no actual evidence that COVID-19 even exists.  The COVID-19 virus itself has not been isolated, and there is no reliable test for it -

Even if COVID-19 does exist, a “pandemic” does not equal a “major disaster”, as pandemics can also be the seasonal flu, according to the World Health Organization (WHO) –

What were the exact causes of death for COVID-19 victims?  How many autopsies have been conducted nationwide? Ventilators, anti-viral medication, flu shots, and 5G could all play a role in the COVID-19 deaths.  Flu shots increase the risk of getting coronavirus by 36%.  Making matters worse, nursing homes are required to give special (and more toxic) flu shots for seniors, unless the senior objects. And with no visitors allowed, that is unlikely. At the end of 2019, a new more toxic flu shot for seniors was approved for use. That might explain many of the deaths.  Also, the recently rolled out G5 can adversely affect oxygen levels, lung damage, etc..  Nursing homes that experienced an inordinate number of deaths should be investigated as crime scenes.  

These are just some of the issues that could be challenged in court. We hope that this has been helpful.