David Martin, Ph.D., COVID-19: Vaccine or Gene-Therapy? Deceptive medical labeling exposed

David Martin, Ph.D.

Moderna and Pfizer should lose their liability shield when the court rules they are misrepresenting their “gene therapy” injections as “vaccinations”


(David:)Today, hey, by the way, thanks everybody for the last six weeks that that series has been shared a lot; we’ve gotten a lot of great feedback. So thank you everybody who has been a huge part of our six week series on the integral accounting view of what’s next, that’s been a really wonderful experience. Today we’re diving back into some juicy stuff. Some, some really important stuff and there are a number of you who have been asking questions about the status of legal proceedings and so forth and, and today I’m going to give, give you a little window into a couple of the approaches that are going on in various lawsuits. we’re not commenting specifically on lawsuits right now that are active and pending simply because that’s just not a, not an appropriate thing to do other than to say there are active and pending cases.

But today is a really weird one people.

And, and I have to say, you know, back in the early 1990s, I was doing clinical trials at the University of Virginia medical school, and I happened to be working in a very controversial medical technology area called electromagnetic field therapy or EMF. And historically I mean if you go back for decades, there’s been all kinds of disputes around whether or not that technology works or not.

And, and so we were doing a multicenter clinical trial for a Japanese company. And I became very aware of section or 15 US Code Section 41, which is part of the Federal Trade Commission Act that specifically has to do with advertising that a product or service can prevent treat or cure human disease. Unless you possess competent reliable scientific evidence including when appropriate, well controlled human clinical studies substantiating that the claims are true at the time they’re made. So, there’s a rule under the Federal Trade Commission Act, and it has been used to shut down alternative medicine for years, like, you know, people who have been naturopaths, people who have been chiropractors, people who have been in any of the what are considered to be kind of alternative medical spaces have become very familiar with this because it’s the way the Federal Trade Commission shuts people down, confiscates materials, confiscates businesses, does some egregious acts.

And it occurred to me that no one seems to be talking about this when it comes to what is being promoted in the current regime, and so, I thought, we’re gonna take a look into 15 US code section 41 today. And the reason for this is twofold. Number one is because it’s important.

Number two is because I think that we need to call out a very important thing so there’s a there’s a part of the Federal Trade Commission Act, which also has to do with what’s called deceptive labelling practices – it’s when you use terms or phrases or words, where you know that you are using them with an intent to deceive – deceptive medical practices. And so today we’re going to take apart a couple of the deceptive medical practices and suggest that if any of you and this is now a specific challenge people listen we’ve been doing 39 of these videos, somebody who’s watching this video, knows an elected official, somebody watching this video knows a prosecutor, whether that’s a US Attorney, whether that’s an Attorney General in a state, somebody in the viewing of this video knows somebody who needs to listen to this video and I’m going to really encourage you to share this because it’s actually super important. Listen, if this law can be applied to shut down people of goodwill who are trying to help other people. It certainly should be equally applied when we know deceptive medical practices are being done in the name of public health, and we’re going to get to that, but Kim, let’s start off with both of us worked in hospitals both of us worked in medical centres, and as a condition of employment you had to have shots right? (Kim:) Yeah, definitely had to have shots at that hip a few others that was way back in the day but yeah we had to have all of us had to have has to be a nurse, you had to have shots done, yeah.

(David:) Yeah, I mean at the Medical Center at the University of Virginia, hep B was a standard – if you didn’t have hep B, you know, kind of, you had no patient interaction. How about when you run your own business? Did you? (Kim:) No, not when I was running my own business, because I wasn’t employed by a hospital. I did my own assessments of my own group of different nurses, and we didn’t have to because I was always the boss. (David:) Yeah, but but there are people, I mean let’s be really clear there are people for whom vaccines and various medical measures are a requirement for employment, and that’s a really interesting problem where you get forced into doing something, man. And that made me think something’s troubling me. And the thing that’s troubled me is that both Pfizer and Moderna, have been promoting what they call a vaccine.

Now, for those of you who don’t really think about it. You have thought about it, because the public thinks that when you say vaccine, one of at least two things is happening:

First is, whatever you’re getting is going to keep you from being infected by some sort of pathogen, so that’s assumption number one. Assumption number two is that somehow or another, if you get that vaccine somehow you’re doing your public health bit to make sure that you don’t transmit it to other people. Right. Am I going out on a limb here? No, that’s the word vaccine kind of means that and let’s go back in history a little bit, shall we. Let’s go back to 1905 to the very very very very very famous Jacobson case in Massachusetts – the Supreme Court in 1905.

And I’m going to read the quote because I think it’s important: “this Court has more than once recognized as a fundamental principle that persons and property are subjected to all kinds of restraints and burdens in order to secure the general comfort, health and prosperity of a state.” So, what the Supreme Court in Jacobson said was that the police powers, the public health powers, were legitimate, if they secured the general comfort health and prosperity of a state. That implies that the individual benefit is superseded by a collective benefit – that somehow or another, the individual is not the point when it comes to public health laws, it’s about the community.

Butterfly of the Week (11 January 2021): Hidden in Plain Sight . . . . 

Which would then suggest that to meet a vaccine public health standard and quite frankly a vaccine public health definition – something about either: you are immune from getting a pathogen, or, and potentially ‘and’, you are not going to transmit the pathogen must be part of what lives inside that definition. Yes. That couldn’t be straight more straightforward than the Supreme Court of the United States 1905, which by the way, happens to be a decision that I have yet to even meet many attorneys who have bothered reading it. They talk about vaccine litigation, but I haven’t heard many that can actually quote the majority opinion out of Jacobson which is a very dangerous problem that we have. But here’s where it gets more interesting. So, so when Moderna was started and if you go back and look at their SEC filings, and we’ve gone through all their SEC filings, they make a point of saying that their technology is a gene therapy technology – gene therapy technology – you’ll notice that they don’t say vaccination. They actually say gene therapy technology. And it was set up to be a cancer treatment. So, this is gene therapy chemotherapy.

Now let’s just stop for a minute. Let’s just ask the question, if Anthony Fauci got up and said to everybody. “Hey, we want you to take chemotherapy for the disease that you may or may not ever have (Kim:) Who’d put their hand up for that? (David:) There wouldn’t be a single person raising their hand.

The prophylactic chemotherapy? You wouldn’t be doing it, you know why you wouldn’t be doing it? Because it’s a dumb idea – that’s why you wouldn’t be doing it. And, states wouldn’t be able to mandate it, and no employer would be able to mandate a chemotherapy for a disease that you don’t have that would not be a legal thing to do. But they called their technology “gene therapy technology” – they made a big point of saying that this was not investigational new drugs. This was gene therapy technology – this belonged in the Center for Biologics potentially even the CDRH the Center for Devices and Radiological Health. Because, let’s think about what they actually do. And by the way this is super important, all the references are going to be in this video on the YouTube channel and I’m going to put a bunch of the references actually in the comment section on Facebook Live so that you can go see this yourself.

But what they’re doing is they’re putting together a synthetic fragment of nucleic acid. It’s not mRNA. It’s not natural. It’s not even a natural component of a fragment, it’s a synthetic fragment. It’s a technology embedded within a fat carrier, a PEG carrier. And that is being introduced into the cell, not to induce an immunity from infection with a SARS-COV virus, and it’s not to block transmission of it. It’s actually to lessen symptoms associated with the s-1 spike protein, not even the virus itself. So, it gets better and/or worse, depending on your point of view. The fact of the matter is, this thing is actually not a vaccination. Now why would I say it’s not a vaccination? People go, “Dave, why would you say it’s not a vaccination?” Well let’s look at the legal standard for what a vaccination is. And let’s start with the Center for Disease controls definitions, why not start with the people who run the racket…

Two important operative definitions: immunity is protection from an infectious disease. Protection from an infectious disease. If you are immune to a disease, you can be exposed to it, without becoming infected. Now, by definition, neither Pfizer nor Moderna even claims that to be the case. That’s straight up not their definition. So, immunity – you can be exposed to a pathogen infectious disease without becoming infected. Not only is that not the case we’re going to get to this in a minute but in their clinical trials they specifically say they’re not going to test them. So, stay with me on that.

And then the CDC says a vaccine is a product that stimulates a person’s immune system to produce immunity, see the definition above to a specific disease protecting the person from that disease. And then it says vaccines are usually administered through needle injections, but also can be administered by mouth or sprayed in the nose. That’s the CDC.

So let’s just stipulate for the sake of this conversation that the CDC’s own definition, and what Pfizer and Moderna are doing, do. Not. Match.



And by the way you should be thinking, somewhere in this video. Hold on a second. If this isn’t a vaccine, why are they calling it a vaccine in question. That’s a question you should be thinking in your head because we’re going to come to that in a second.

But I thought okay CDC, CDC is not the law, CDC is an expression of an agency empowered by the law but it’s actually not the law. So why don’t we actually look at the laws, where vaccine has been defined and it turns out that’s a much harder exercise than you would think. Because “vaccine” the term is actually not a legally defined term in an enormous number of statutes that govern vaccines which is actually a really interesting thing, but let’s look at some examples. I just pulled a couple examples from the Iowa code vaccine and uncoated means a specially prepared antigen administered to a person for the purpose of providing immunity immunity once again, the operative definition, which is to say that when exposed to a pathogen, you are not susceptible.

That’s the Iowa code. How about Washington State? You know the state that has been absolutely tyrannical in all of its interventions around coronavirus, allegedly the birthplace of the US experience with coronavirus state of Washington? Vaccine legally defined term now this is in the statute means a preparation of a killed or attenuated living microorganism, or fraction thereof.

Just, just stop right there. Vaccine means a preparation of a killed or attenuated living microorganism. Stop right there and mRNA synthetically developed by Moderna and Pfizer do not meet this definition.

“Or a fraction thereof”, it’s not a fraction of a living thing or a killed thing because it’s neither living nor killed, they are explicitly synthetic gene therapies. They are not vaccines as defined by the statute, but upon administration stimulates immunity there we have it again stimulates immunity, meaning that you do not get anything when exposed to that pathogen, right, that protects us against disease and is approved by the Federal Food and Drug Administration and safe and effective. Now, that state of Washington statute, and by the way across the board. That’s the definition of vaccine, which means immunity is a defined term, vaccine is a defined term.

But here comes a really big problem. The big problem is that if we look at the clinical trials that were approved for what was called the sars-cov-2 COVID-19 vaccine program under the operation warp speed, we listen very carefully to what the primary endpoint is. The primary endpoint is the prevention of symptomatic COVID-19 disease. Now, let’s pause and unpack that.

Starting with COVID-19 disease.

As you all know, if you’ve been watching this show at all you know that in February, the World Health Organization, and the CDC and the Department of Health and Human Services, made a very clear distinction. They wanted to make sure that COVID-19, which was a series of clinical symptoms, which included things like fever, muscle pain, aches, loss of smell. Certain radiologic findings in the lungs, a whole host of things – there’s a laundry list of things that all got subsumed within this thing called COVID-19, which by the way has been now redefined as to pick which is pneumonia influenza COVID as a combined set of things so that we can catch more people, allegedly dying of this thing. But COVID-19 disease is actually not a disease, it is a set of symptoms. And they were very clear on this by the way they tried to make a causal statement, they tried to say sars-cov-2 causes COVID-19

To watch Sherri Tenpenny’s interview. click here. Perhaps the most important you ever view.

but then there was a tiny problem. Most of the people who tested positive, using the RT PCR method, had no clinical presentation, which means you can’t make a causal statement. You can’t say the virus causes a disease because unfortunately most people with a positive PCR test for a fragment of what was called sars-cov-2 didn’t have any problems. In fact, well over 80% had no problem, which then leads us to the question of “Okay, so we can’t say it’s causal but it’s more problematic than this.” The primary endpoint for the vaccine trial was actually not a vaccine endpoint. A vaccine endpoint has to do with immunity and a vaccine endpoint has to do with transmissibility, and neither of those were measured. And it gets worse, and I’m quoting right now, straight out of Moderna’s own statement. Key secondary endpoints include prevention of severe COVID-19 disease and prevention of infection by sars-cov-2, but here comes a tiny little problem by their own admission in their clinical study, it was, and I’m quoting, “impractical to measure infection.”

That’s right. You heard me correctly. It’s impractical to measure infection, so there is no evidence inside the phase three clinical trials that any of the gene therapy had anything to do with the infection, or not, of sars-cov-2.

You cannot have a vaccination – it’s not under the legal definition of vaccination – you cannot have a vaccination that is, in fact, not meeting, either an immune or a transmission standard; and their clinical trial was set up, specifically, so that it could not measure either of those things.

And that let’s quote, shall we, from the New England Journal of Medicine, and from the Lancet. And this is October, and this is December respectively and I’m just going to go ahead and read this quote.

“At the time of this writing, no correlate of protection from sars-cov-2 has been established.”

Maybe you misheard what I just said that nature fading. As of this writing, no correlative protection for sars-cov-2 has been established. In other words, not a shred of evidence from the clinical trials, said anything about protection from infection with sars-cov-2, which means every single person who has value signal their vaccination because they’re doing their part, not to be infected with sars-cov-2 and not to get COVID-19 newsflash, you have been violating the Federal Trade Commission Act by deceptive practices. You’ve been telling people that there is a protection that the data itself does not afford.

Hey – but maybe that was just one report. So why don’t I read from the second report, and I quote, and this is Lancet and New England Journal medicine, quote, “no existing vaccines have been shown to be effective against infection with any beta coronavirus, the family that includes sars-cov-2, which causes COVID-19.” black and white people. This isn’t my opinion, this is not me selectively choosing to take a spin on facts, this is in fact, fact, which then begs the question Kim.

What would motivate Pfizer and Moderna. And more importantly, felonious Fauci, the unsavory.

What would motivate them and CDC and others, to lie to the American people about this being a vaccine because vaccines in the ordinary course of the use of that term invokes within the listener, a presumption of protection against infection and protection against transmission, neither of which have been established at all. Why would they use the term vaccine.

And here’s where we have to depart from the facts. And we have to go into conjecture, because that’s the only thing we have available to us.


As recently as 2018, Moderna was insisting that they were not making vaccinations. They were insisting that this is gene therapy technology and it was cutting edge and it was all this kind of nonsense. And suddenly, courtesy of sars-cov-2, it suddenly became a vaccine company. It wasn’t a vaccine company before, it’s not a vaccine company now, it’s a gene therapy technology company, with an unproven gene therapy. That’s what it is.

So when asked the question okay so why, why do we keep hearing about vaccines. Ah, well here’s the reason I think we keep hearing about vaccines and once again, my opinion here people. This is not based on information that I have readily available, but it is my opinion.

I think that if Anthony Fauci, if Moderna, if Pfizer and others – public health authorities around the country and around the world – actually called this gene therapy chemotherapy. Number one, people wouldn’t want to take it. And they wouldn’t want to take it for a good reason, because experimental gene therapy is a bad idea, no matter who it is no matter when it is no matter where it is. Experimental gene therapy should not be relentlessly and recklessly distributed to a population that shouldn’t happen. So that’s number one.

But number two is the 1986 liability exclusion. And this is what I think it really is. See, as long as Doc-

, Mr. Sorry I almost said Dr.. Mr. Alexander – Alex M. Azar – the director or the secretary of Department of Health and Human Services, as long as Alex Azar keeps this state of emergency going, as long as every governor and every mayor and every unelected official keeps the state of emergency going, under emergency use authorization rules, liability is a shield that’s afforded to people like Pfizer and Moderna and others. So they’re making billions of dollars on the back of something for which they have no liability. But if this was not a vaccine, then, all of a sudden, the liability shield would vanish. Because there is not a liability shield under the 1986 Act for a medical countermeasure that is gene therapy… Which means we’re probably having governors and the Health and Human Services, and CDC and others, maintaining the illusion of a state of emergency, not because there’s a state of emergency. They’re maintaining it because it maintains the illusion of the liability shield.

Remember that if you suspended the state of emergency today. Like, I don’t know if you’re the governor of South Dakota and you ever have anybody who remotely cares about this matter, listening to this video. Lift the state of emergency because on the day you do it, RT PCR can’t be used. Because RT PCR is not a diagnostic. It has never been approved and it does not and cannot diagnose and treat a disease. Which means every time Bloomberg, Gates Foundation and Zuckerberg foundation COVID-19 dashboard reports that there is a another case of COVID-19, because of a positive RT PCR test, they are violating that 15 US code Federal Trade Commission Act. You cannot diagnose a thing that cannot diagnose the thing. That’s a misrepresentation, that is a deceptive practice under the Federal Trade Commission Act.

And they’re liable for deceptive practices, because it turns out, you do not have a waiver of liability, under deceptive practices, even in a state of emergency.

So maybe the reason why they’re calling it a vaccine is because they can count on the fact that neither you nor I will ever have this video. You and I will never do this independent inquiry. You and I will never ask the question, is it possible that the entirety of what operation warp speed was, was nothing but propaganda, which leads me to my conclusion.


Some of you know this, some of you don’t. But operation warp speed has a middleman. And the middleman is a company called at ATI [Advanced Technology International], a defense contractor out of [South] Carolina.

And it turns out that that defense contractor is the one that clears the billions of dollars of orders for vaccine, and that defense contractor is the one that then is supposed to be controlling the rollout of the vaccines which has been a total train wreck.

Even setting aside all of the ethical, legal moral obligations of the things that we just talked about.

But ATI also has another contract. Also with the Department of Defense, and other government agencies, and that contract is for propaganda and misinformation. Hold on a minute – you mean that the company that actually got the contract to officially manipulate public media, to officially convey the propaganda of the United States government, you mean that company is also the company in charge of operation warp speed? Dave is that what you’re saying? And the answer is you got it.

That’s exactly what I’m saying this thing does not stink like rotten fish because I’m making up some sort of stench. It stinks like rotten fish because it is rotten fish.

That’s why it smells of rotten fish, but you have to share this. So, listen, this is a pretty straightforward situation.

You’re being lied to. Your own government is violating its own laws. 15 US code is not my interpretation – they have thrown this book at more people than I can count, they have shut down practitioners around the country, time and time again for violating what are called deceptive practices and medical claims. Guess what – they’re doing exactly that thing, right now.

You need to send this video to your US Attorney in your state, you need to send this to your attorney general in your state, you need to actually do something with this video, don’t just share it among your friends, don’t preach to the converted. This is a violation of federal statutes perpetrated by defense contractors, by gene therapy companies – not vaccine manufacturers – by gene therapy companies who are doing experimental trials and doing them under deceptive medical medical practices. That’s what this is.

And by the way, every statement that I have made before I went to my opinion, and my opinion is pretty grounded because if you really examine why I think that the liability shield is the point, look at how many times the Department of Defense wanted to confirm that they were shielded under the immunity act of the emergency use authorization. They would not play this game if they didn’t get the liability shield. And that liability shield came from the emergency use authorization. So we’re very very very desperately in need right now as a civilization, to make sure we interrupt this and the reason is because real people are being harmed. Real people are actually having significant side effects. Some people may in fact be dying. The doctor in Florida, who two weeks after receiving the vaccine dropped over dead, very healthy guy, a couple days after he got the vaccine started having splotches and blotches and everything else and then at the end of two weeks, died, his death is being investigated – are you ready for this – by the CDC and by Pfizer. That’s like asking a bank robber to investigate their own bank heist.

It is beyond insane people. It’s time for each one of you not to just like this, not to just share this, but send it to law enforcement in your state because somebody, somewhere out there in these 50 states is going to actually care about following the law, somebody is, or this is not American.

It’s on you do something with this. I’m doing the work. You can help me carry the burden. So make sure you share this and we’ll see you again next week. Thanks. Bye bye.

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9 thoughts on “David Martin, Ph.D., COVID-19: Vaccine or Gene-Therapy? Deceptive medical labeling exposed”

  1. Pingback: "Trust the Science" - ..."But not THAT Science!"
  2. Just thinkin’

    There have been several stories of vaccinated people showing that placing a small magnet at the injection site shows the magnet adhering to the arm.

    Dr. Martin, original post author here, said…

    “back in the early 1990s, I was doing clinical trials at the University of Virginia medical school, and I happened to be working in a very controversial medical technology area called electromagnetic field therapy or EMF.”

    Today I came across this 2016 article…



    ““Badass” new method uses a magnetised protein to activate brain cells rapidly, reversibly, and non-invasively
    Mo Costandi
    Thu 24 Mar 2016 10.30 EDT

    Last modified on Tue 9 May 2017 13.32 EDT


    Researchers in the United States have developed a new method for controlling the brain circuits associated with complex animal behaviours, using genetic engineering to create a magnetised protein that activates specific groups of nerve cells from a distance.

    Understanding how the brain generates behaviour is one of the ultimate goals of neuroscience – and one of its most difficult questions. In recent years, researchers have developed a number of methods that enable them to remotely control specified groups of neurons and to probe the workings of neuronal circuits.

    The most powerful of these is a method called optogenetics, which enables researchers to switch populations of related neurons on or off on a millisecond-by-millisecond timescale with pulses of laser light. Another recently developed method, called chemogenetics, uses engineered proteins that are activated by designer drugs and can be targeted to specific cell types SNIP”

  3. Thanks to Jim Fetzer for posting this. I asked Pam Popper to forward this item to her favorite attorney, Tom Renz but she abruptly replied that “It’s not true”. So we now have a presumed leader in the fight against Covid-19 crimes under suspicion as a gatekeeper.

    Just published is a brilliant presentation by German Physician, Wolfgang Wodarg with English sub-titles … All under the direction of Dr. Reiner Fuellmich and the Corona Committee in Berlin — https://odysee.com/@Corona-Ausschuss:3/CA-40—Wodarg:f

  4. I believe there is a deadly pathogen that was most likely bio-engineered through “gain of function” research at the Wuhan Lab, and originally sponsored by the infamous Dr. Fauci. All hopes seemed to be pined on some form of genetic manipulation that can be characterized as a vaccine in a very general and probably inaccurate sense. This injection is not genuinely effective, but moreover has been documented to be lethal in certain individuals. There are a few therapeutics that have been shown to reduce mortality if administered early. People deserved to be told the truth, and the only thing we know for sure is that Dr, Fauci is a self-admitted liar whose advice has often been 100% wrong. Some people strongly believe in the “vaccine” and that’s their choice, but they should not force their view on the most likely better informed reluctant portion of the population.

    1. The imaginary SARS-CoV-2 virus was created by computer model. The virus was never isolated under the the rigors of Koch’s Postulates. Media rumors of a weaponized virus are cleverly floated as a fear factor even though the global all-cause mortality stats show only a blip in the increase in actual deaths. But most of those deaths had to do with collateral damage of hardships and suicides due to lockdowns, masking toxicity and missed treatments like cancer therapy, heart ailments and the like. – See this 3-part evidence post with Dr. Andrew Kaufman’s air-tight conclusions — https://justpaste.it/383×9

  5. I am always willing to reconsider my conclusions on the scamdemic. I thought Icke had it right at the beginning. No need for an actual superbug, an imaginary one is better for two huge reasons. 1. If it’s just made up, the Cult can take it anywhere they want with zero constraints from that annoying thing called observable reality. Just look at the man on the street investigations finding deserted hospitals across this land. Why you gonna’ believe those lying’ eyes of yours? 2. A real superbug is likely to go completely beyond the Cult’s control. The people in the Cult are nothing if not the dictionary picture of control freak.

    But then comes a new empirical to tatter that a bit…

    I keep thinking about my pal Doc and what he said about the Kung Flu. He thought it was bullshit until he comes back to Moab and immediately gets “it”… whatever it is. Doc described it as nothing he had ever experienced. He’s 68 and quite healthy. Doc’s personal MD was furious with him for going out to play music at night clubs. Now Doc doesn’t want to play gigs anymore even after recovering. I might wind up with his slot; the gig Doc is convinced is where he got the Kung Flu. For those unfamiliar with Moab, it’s an international destination near Arches and Canyonlands National Parks in eastern Utah. May is the most popular month along with October. Is this gig a bit of Russian Roulette? Life is dangerous; embracing the danger is part of livn’

    1. dK…How did he know what he got since this fake virus has never been isolated? If they found some “bug” with what would they compare it to KNOW it was the ‘vid? It’s very possible it’s just the regular flu (IF that even exists), since flu cases have virtually disappeared world wide? The older we get, the more our immune systems are not as strong as when we were younger. It could well have felt like something he “had never experienced” since he’s older and more vulnerable and sensitive to infections.

      Have you asked him that question?

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