Posted by Charles Pixley on June 01, 1997 at 11:40:57:
SOVEREIGN CITIZEN DEMAND FOR WRIT OF MANDAMUS
or any other appropriate Writ from this Court
or referral to any other appropriate Jurisdiction for cause:
-vs-
UNITED STATES / Food and Drug Administration
Plaintiff
To prevent further Crimes against Humanity, and Misprision of Treason, Violations of the Oath of Office,
Violations of International Law, Conspiracy to commit Crimes Against Humanity causing to be approved deadly or
toxic therapies, while Denying any or all non-toxic Life Saving or Life Enhancing Therapies, Violations of the
Nuremberg Code, Violations of the Helsinki Accord.
Your Honor, now comes a Sovereign Citizen, with absolute respect for the Honorable
Court, your High Office, I WILL that the CREATOR refresh our Spirits, envelop our minds and
dwell in our Hearts.
I call upon The Lawgiver Justinian and a Legion of Angels and WILL that they appear now
with me to support and protect this Honorable Court and by their Grace council, so that This
Honorable Court may continue to have the vision to and clarity to grant Liberty to all Americans
through protection afforded by Justice.
Whilst In Propria Persona, I seek rectitude and protection in the Royal Law, and assert my
Rights as guaranteed to me in the Fundamental Law, the Constitution of the united States of
America, Ordained by the Sovereign Citizen who IS THE ONE GOD.
To Prevent further desecration of Human Life, I Charles Pixley, HEREBY DEMAND WRITS OF
MANDAMUS or any other appropriate Writ from this Court or referral to any other appropriate Jurisdiction,
alleging AGAINST, but not limited to the following United States Government employees and public and private
citizens who individually, or severally did Conspire against the THIS HONORABLE COURT and numerous Courts
throughout America, and conspiring against the LIFE and general Welfare of all Sovereign Citizens of these united
States.
Specifically, repeated attempts to prevent from entering the market Antineoplastins and criminal charges
repeatedly against Stanislaw Burzynski, MD. and Dietmar Schildwaechter, MD, Ph.D.
Furthermore the for prevent access to the Homeopathic remedy know as 714X by the persecution of this
Sovereign.
Further, I hereby Demand that an investigation, be so ordered, to investigate the following crimes and possible
charges of Conspiracy to commit Crimes Against Humanity, Intentional and or Negligent Denial of Potentially Life
Saving Therapies while causing the approval of deadly DNA chain terminators, and other lethal and toxic therapies
to the exclusion of all others outside Allopathic Orthodox Dogma. Direct denial of choice as Ordained into Supreme
Law by the Supreme Court of the United States of America, to wit:
Violations of the Nuremberg Code, and the Helsinki Accord, Misprision of Treason, Violations of the Oath
of Office, and Violations of International Law;
The following employees of the Federal Department of Health and Human Services:
Secretary of Health Donna Shalala,Ph.D.
Assistant Secretary Philip R. Lee, MD,
William Corr, an attorney for Department of Health,
Commissioner of the FDA, David Kessler, MD, JD.
Francis O. Kelsey, MD, Ph.D., Director, Center for Drug Evaluation and Research, FDA, Rockville, MD,
Paul Goebel, FDA Division Chief, FDA, Director of Institutional Board Division, FDA, Rockville MD,
John Singer, Health Fraud Staff Compliance Office, FDA, Rockville, MD,
E. Pitt Smith, Director, FDA Buffalo, NY Division,
Sherry Phillips, FDA Investigator, Rochester, Branch.
Private citizens and Boards of Pubic International Corporations for conspiring to defraud the Sovereign Citizens of
these united States, and for Crimes Against Humanity and Violations of the Nuremberg Code.
Grace P. Monaco, JD, 123 C. Street, S.E., Washington, DC, 20003,
John H. Renner, MD, Saint Mary's Hospital, Kansas City, MO,
William Jarvis, Ph.D., Loma Linda Medical School, President National Council Against Health Fraud, as well as all
members of the Board of Directors of the National Council Against Health Fraud.
The Pharmaceutical Advertising Council (PAC) and the United States Food and Drug Administration have
publicly announced an illegal Corporation that is published on a dual letterhead specifically identifying itself as a
Private and Government corporate combine. Whose stated purpose is allegeing to "warn" the public about the
dangers of quack medical products but with a planned attack to restrain trade of all outsiders, attached is a list of
companies who have donated money to the PAC/FDA so called anti-quackery restraint of trade program.
( Copy of Letterhead on file, copy of transcripts of private meetings on file)
Beecham Laboratories Merck Sharpe and Dohme
Bristol-Meyers Company Organon Inc.
Burroughs Wellcome Co. Pennwalt Co.
Carter Wallace Inc. The Proprietary Association
Hoechst-Roussel Pharmaceuticals A.H. Robins
Hoffman-LaRoche Inc. Rover Group
Janssen Pharmaceutical Sandoz
Jeffrey Martin Inc. Schering Corp.
Johnson & Johnson Squibb
Knoll Pharmaceutical Sterling Drug Inc.
Lederle Laboratories Stuart Pharmaceuticals
McNeil Company Syntex Corporation
Warner Lambert Company
Your Honor, it is time to dismantle the failed FDA policies and rectify the tyrannical reign of FDA’s
David Kessler and his predecessors. We deify the multi Billion dollar cancer establishment and reward it with the
right to assist their therapeutic failures in suicide.
While those aspiring to live find every conceivable impediment that bureaucracy can devise, from
harassment, to confiscation of property, to loss of parental rights, to prosecution, put in their way in the name of
public safety.
This country was founded on certain principles, which include resistance to tyranny in any of its
manifestations. Mandating one form of medical treatment while denying access to others is an epic betrayal of
our trust by those elected to safeguard and execute the principles of the Constitution.
To support the proceeding demand, the following is a presentation exhibiting the Legal, factual, historical
background particular to the violations of the Supreme Law of this nation, committed by the Plaintiff and
aforementioned conspirators, shows this Court as follows:
SIC SEMPER TYRANNIS
The Food and Drug Administration was created in 1938 as a federal agency to ensure that food, drugs and
cosmetics moving in interstate commerce were unadulterated, contained what was stated on the label and were
thereby safe for human consumption.
This Agency has undergone a metamorphosis to become the self-appointed arbiter of health care, making
unilateral decisions to benefit a segment of the private sector to the detriment of the physical, political and
economic well-being of the American people.
It conducts raids on medical clinics, terrorizing patients, staff and practitioner, seizes private property and
issues mendacious publicity releases slandering practitioners, nutritional products and innovative drugs without
foundation and utilizes other federal and state agencies to this end. It has so far departed from the purpose for
which it was created as to be a real and present danger to the public's health and civil liberties.
The FDA recognizes allopathic medicine exclusively, giving rise to a standardized system of American
Health Care which is unable to:
(1) Control the resurgence of Tuberculosis in the country;
(2) Control the rising rate of Cancer deaths;
(3) Control the rising rate of coronary artery deaths;
(4) Lower the infant mortality rate;
(5) Find an effective treatment for AIDS.
There are answers to all these deficiencies but they lie outside the scope of Allopathic practice.
The purpose here is to determine the course of action to bring this agency under control that it may comport
itself in accordance with the intent of Congress representing the will of the people. There is the additional
question of appropriate redress of grievances to citizens who have been harassed by this agency's Ultra Vires
activities.
ANALYSIS
The Food and Drug Administration, created to perform some proper regulatory functions, is devoting many
of its resources to illicit functions not contained in its enabling legislation and not permissible under the
Constitution.
The agency is currently directed by Commissioner, David Kessler, M.D., J.D., who assumed the position
after the enforced resignation of Joe Young, Ph.D. following an investigation which revealed officials taking large
bribes from industries they were supposed to regulate. The entire agency was demoralized and ineffective. (2)
The agency has openly and notoriously formed "partnerships" with private trade associations and special
interest groups for the purpose of aiding and abetting non-price perdition in the health care market.
The agency has lawful jurisdiction over some Foods, Drugs and medical devices which are in interstate
commerce and has no jurisdiction over the practice of medicine or other healing professions.
Despite this rather clear distinction, the agency repeatedly uses its enforcement powers and its liaison with
state regulatory agencies to interfere with the practice of non-allopathic health care to suppress the use of
techniques of healing and of products which are not within its regulatory jurisdiction.
FDA ANTI-COMPETITIVE ACTIVITY
The FDA acts to suppress by criminalization of the following health technologies which are natural to the
body, non-toxic, non-invasive, highly effective non-allopathic or holistic in nature and generally inexpensive:
I.
CARDIOVASCULAR DISEASES
Hundreds of Physicians who perform life saving Chelation Therapy, the unblocking of arteries without dangerous
surgery.
The blocking of Adrenal Cortical Extract
II.
STROKE PREVENTION AND REHABILITATION
The persecution of David Steenblock, MD for using Hyperbaric Oxidative Therapies, to restore stroke victims.
Consistent attacks on Chelating agents such as EDTA and DMSO Chelation.
Denials of access to Human Growth Hormone
III.
PERSECUTION OF SUCCESSFUL PHYSICIANS and
THEIR NON-ALLOPATHIC CANCER AND AIDS THERAPIES
The attack at machine gun point, handcuffing, and persecution of Dietmar Schiledwaechter, MD, Ph.D., for
introducing water soluble Vitamin A, as a cure for Squamous cell cancer.
For repeated attacks and persecution of Stanislaw Burzynski, MD, for his Antineoplastins,
For persecution of Dr. Krebs, and blocking access to Laetrile,
For persecution of Syracuse University, Joseph Gold, MD and blocking introduction of Hydrazine Sulfate,
For persecution of Max Gerson's, MD, and defemation of his Dietary therapy,
The attack on Dr. Royal Rife, destruction of his microscope and burning of his books.
The persecution of Jossef Issels, MD for his non-allopathic therapy of cancer.
The thirty year persecution of Dr. Andrew Ivey, President of the AMA and panelist of the Nuremberg Trial who
introduced the Homeotherapeutic, Krebiozen upon returning from Germany.
The relentless attacks and attempted persecution of Samuel Revicci, MD, for his non allopathic cancer therapies.
The persecution and violations of the First Amendment of Charles Pixley for introducing Gaston Naessens
homeopathic remedy for cancer 714X.
Denial of access to Essiac Tea, Immunostim, Anti-neoplastin, Hoxey, Glixoxide, L-Arginine, American
ethnobotony Black & Yellow Salves, et alia.
THE STATE AND FEDERAL AGENCIES INVOLVED IN ANTI-COMPETITIVE ACTIVITY
Administrative Agencies
NCI-National Cancer Institute
NIH-National Institutes of Health
CDC - Centers for Disease Control
FDA - Food and Drug Administration
California (most active)
Department of Consumer Affairs
State Board of Medicine
State Board of Dental Examiners
State Board of Osteopathic Examiners
State Board of Chiropractic Examiners
Acupuncture Committee
Food and Drug Branch
Attorney General's Office
San Diego City Attorney's Office
Other States (Generic)
State Board of Medical Examiners
State Board of Dental Examiners
Attorney General's Office
Private Organizations Involved
Pharmaceutical Advertising Council
National Council Against Health Fraud
(and affiliated organizations)
National Federation of State Boards of Medical Examiners
American Heart Association, American Cancer Society
Memorial Sloan Kettering Institute
Mayo Clinic, City of Hope
American College of Allergy
Roswell, to name only a few.
THE RELEVANT SERVICE MARKET
The Relevant Service Market is the market for health care services by licensed health care professionals for
the prevention and treatment of diseases and the attainment of high level health.
SUBSTITUTABLE ECONOMIC COMPETITORS
Competitors in the Relevant Service Market are physicians from the various schools of practice differing in
material aspects and approaches. Historically, there has been brisk competition between such practitioners in the
Relevant Service Market.
THE GEOGRAPHIC MARKET
The relevant geographic market is the United States along with Mexico and Canada where United States
citizens seek health care practitioners and modalities not readily available in some areas of the United States.
RELEVANT MARKET FOR GOODS
The relevant market for goods consists of nutritional supplements, herbs and drugs both manufactured in the
United States and imported from other countries, used by persons to prevent and treat diseases and to attain a state
of high level health.
This market is interstate, frequently international and the movement of goods in the geographic market is
regulated by both Federal and State agencies. Such goods are distributed, marketed and sold in retail outlets, by
mail order and by licensed health care practitioners who dispense them to their patients.
Some of these goods may only be dispensed upon the written authorization of a licensed health care
practitioner in the United States and Canada; most are available for direct purchase by the ultimate consumer.
Taken together, the relevant market for goods and services constitutes the second largest industry in the
United States, involving expenditures exceeding One Trillion Dollars annually. Approximately 40% of this cost is
for Administrative services in connection with payment for goods and services by third-party payees, i.e. the
Health Insurance Industry, public and private.
Payment for a substantial percentage of the costs of goods and services is through State and Federal
programs, a large percentage is through insurance programs. The remainder is paid for by individuals and, in
some instances, by their employers.
THE MONOPOLIZATION OF MEDICINE
The position of allopathic medicine, its droit de seigneur, in the health care world is something of the
Emperor's New Clothes--a little honest scrutiny reveals some bare facts.
During the Progressive Era the health care industry, then consisting of homeopathic, allopathic and eclectic
schools, was funded largely by the Rockefeller and Carnegie fortunes to establish and maintain a dominant place
in health care for the products of the petrochemical industry.
The Allopathic School of Medical Practice was picked to become the dominant survivor of monopolization
because it was:
(1) Numerically the largest,
(2) Had no well established system of doctrines which made it antagonistic to petrochemical therapeutics,
(3) Was represented by a fairly well organized and active Trade Association which was receptive to a
take over by the founders, particularly Morris Fishbein, whose role was pivotal and whose service spanned
several decades of the monopolization.
(4) Urgently needed a large infusion of cash and political influence to compete with its economic rivals,
(5) Had little to offer its members without such an infusion of cash and political influence,3
One of the chief monopolization strategies was through take over of medical education and the schools or
universities which offered this. There were several hundred which offered a two year course in Allopathic
Medicine and granted the M.D. degree, which was the sole credential necessary for practice at that time.
Competitive medical universities operated by Homeopathic and Eclectic interests were fewer, but at least 75
existed - some well established and endowed.
All of these universities were supported by the tuition paid by their students; a few had some endowments,
but in general, all Allopathic, Homeopathic and Eclectic Universities depended on tuition for their operating
funds.
The monopolist could have selected any of these; they were all easy targets, but the Allopathic School of
Practice had a void in its therapeutic system which made it ideal for the monopolist and the Homeopathic and
Eclectic Schools had therapeutic systems which offered little room for the incorporation of petrochemical
technology.
Many Americans, at least those who could afford to do so, went abroad for their medical education, initially
to England or Scotland but eventually to Germany where State supported Universities had better facilities.
Foreign students who could and would pay tuition to augment the salaries of the faculty were welcomed
to the extent that lectures were offered in English as well as German to facilitate and accommodate these foreign
scholars.
The entire initial faculty of Johns Hopkins, the first of the Medical Universities to be established and funded
by the monopolists, were graduates of German Universities and brought with them the political orientations of
their educators. This they passed on to the students of Johns Hopkins, most of whom went out to become the
faculties of other American medical colleges. Those orientations remain a part of Allopathic medicine in the
United States today.
Federal control began in 1938 with the Pure Food, Drug and Cosmetic Act and was strengthened in 1962
with the Kefauffer Amendments to that Act which contained an efficacy requirement and gave the FDA far more
power to control both drugs and information about drugs.
The Federal Act was not intended to give the agency any control over the practice of medicine or other
health care professions and both its language and many decisions of Federal Courts make that clear.
Nevertheless, the agency continues to act in that capacity.
It was during and immediately after the Progressive Era that the seeds of the present health care system
were sown in the United States.
Since 1910, a combination of some practitioners and some manufacturers of goods involved in this market
has attempted to attain a monopoly in the market to the exclusion of substitutable economic competitors. Some of
the goods in this market, particularly those consisting of synthetic petrochemical pharmaceuticals, are
preferentially used by the practitioners involved in the monopolization to the virtual exclusion of other goods.
However, a large amount of the goods involved may be purchased and used by consumers without the
recommendation or authorization of health care practitioners and the consumer is free to consult such practitioners
or not as he or she sees fit, in most circumstances.
Licensure of health care practitioners is a function of State governments, all of which have a system of
examination and licensure of some health care practitioners. There is some variation from state to state in which
practitioners are licensed and which are not licensed.
There is universal licensure of physicians and surgeons, osteopathic physicians and surgeons, dentists,
chiropractic physicians and there is considerable variation as to the licensure of Naturopathic physicians and
Oriental medical practitioners (acupuncturists) on a state by state basis.
Despite the state by state variation, all of these practitioners practice in a virtually uniform fashion, all have
trade associations and specialty societies which are national in scope and all receive fairly standardized training.
Licensure for physicians and surgeons was initially begun around 1890 on a state by state basis at the
instigation of the American Medical Association, which is the trade association for the Allopathic School of
Medical Practice. When the process was begun, State Legislatures typically created three separate State Boards of
Medical examiners, to examine and license medical practitioners of the Allopathic, Homeopathic and Eclectic
Schools of Medical Practice; in many states the Osteopathic School was also given a Board of Examiners.
Initially, the licenses granted to these practitioners were to treat any human disease, disorder or condition by
drugs, surgery or any other means and all persons not so licensed were forbidden to undertake such activities for
compensation.
Shortly thereafter, other health care practitioners were also given licenses which carried out certain
exceptions to the universal licensure of physicians, such as Dentists, Podiatrists, Pharmacists, Nurses, Midwives,
Physiotherapists and eventually, Acupuncturists.
The campaign for licensure carried out by the AMA was for the purpose of attaining for its members an
exclusive license to practice health care for compensation and to exclude all substitutable economic competitors
from the market. This was not accomplished as State Legislators usually saw fit to license their economic
competitors as well in order to maintain competition in the Relevant Service Market.
The campaign to attain exclusive licensure not having succeeded, the AMA next attempted to bring about a
merger between the competitive schools of medical practice; that campaign is ongoing and has succeeded in some
states to a degree, although all states continue to license health care practitioners who are substitutable economic
competitors to allopathic physicians and have clearly articulated policies encouraging competition between
different sorts of health care providers, set forth in state legislation.
The AMA and its component state medical societies continued efforts to monopolize health care and have
been convicted of Antitrust violations repeatedly.
The Federal Trade Commission brought an enforcement action against the AMA and its component societies
resulting in information concerning anti competitive misconduct and subsequently a private enforcement action by
four chiropractors resulted in further permanent injunctions against anti competitive misconduct.
The latter action, Wilk, et al. v. AMA was based upon a campaign conducted by the AMA through its
Department of Investigation and Council Against Quackery "to first contain then eliminate Chiropractic".
During the litigation, the Department of Investigation and the Council Against Quackery were hurriedly
disbanded by the AMA and files of these organizations were handed over to a private organization NATIONAL
COUNCIL AGAINST HEALTH CARE FRAUD, NCAHCF, and recently another adjunct company called
Emprise, which, funded by the Pharmaceutical Advertising Council, continues the anti competitive campaigns as
an ostensible private organization, which is actually an AMA front organization.
Its anti competitive activities have intensified since the injunctions against the AMA were issued and
affirmed.
A large part of the plan of monopolization has been and continues to be the suppression of information about
health care providers and modalities which are competitive with those of AMA members. The AMA initially
formed a sub rosa organization, the "Health Information Control Council" which had members from several
bureaucratic regulatory agencies as members. This was also broken up during the Wilk litigation.
As a part of the Wilk litigation, the Court held that calling a licensed competitor a Quack would constitute
an antitrust offense. Since that time the AMA front organization NCAHCF has substituted the word "fraud" for
"quack" in its anti competitive campaigns which increasingly utilize State and Federal agents as instruments of
prosecution.
During the past 10 years, most of the monopoly activity of this AMA front organization has been with
bureaucrats and third party payees, such as Blue Cross and Blue Shield, which are both private insurers and pay
agents for governmental programs such as Medicare.
In these situations, these "insurance companies" do not function in their traditional roles as casualty
insurers, but rather as cost-plus contract pay agents. In this role, their activities neatly interface with both the
AMA's monopolization efforts and the "hidden bureaucratic agendas" of regulatory agencies.
It is this combination of the AMA, acting through a front organization, the "insurance" companies who are
not insuring but acting as cost-plus contract pay agents and the regulatory agencies involved in a "hidden agenda"
which in combination, are bringing about and attempting to bring about the monopoly in health care which the
AMA has been engaged in creating since 1890.
This combination has already succeeded in dangerously decreasing the quality of goods and services and
astronomically increasing their price in the Relevant Service and Goods Market.
This has been accomplished by bureaucratic activity which is directly violation of the clearly articulated
policies of the States and has as its purpose both increasing such costs and decreasing the quality of goods and
services, and although it is state action, it is not such state action as is protected from Antitrust scrutiny by the
State Action Exemption to the Antitrust Laws.
1 *The Cancer Industry,* by Ralph Moss.
2 It is difficult, in 1994, to envision the inroads that Homeopathy and Eclectic Medicine had made into public
acceptance in 1894 - although these two Schools of Medical Practice comprised only about 15% of medical
practitioners, they had around 65% of the market at the turn of the Century.