Clary Clark introducing Leigh Dundas to the audience 0:00
... she successfully fought back against the mask mandates and digital passports in Orange County. Ladies and gentlemen, please stand on your feet and greet a woman that I'm sincerely afraid of, Leigh Dundas!Leigh Dundas
Good to see y'all. If you don't know my name again, Leigh Dundas. I'm a human rights attorney. You can find me at LeighDundas.com. You can also text the word FREEDOM to 53445. Everybody get out your phone, shoot up to number 53445, text the word FREEDOM. It will keep you apprised of things like the nationwide walkout and other assaults against your civil liberties and what we're gonna do about them. So today I want to talk to you. I had an eight minute speech planned. I was going to make Clay so darn proud, blow his hair back, he didn't know what was going to hit him. I was going to wrap up 12 minutes early. And then last night, Fifth Circuit Federal Court of Appeals did us a SOLID. They did us a SOLID. They issued a ruling to freeze the Biden administration's vaccine mandate.Leigh Dundas
That's right! That's right! Heck yeah! They issued that ruling in an opinion that even CNN called "blistering" this morning.
So I'm going to run the full 20 minutes now because there are some choice quotes in this opinion, that to quote Marie Kondo, "give me great joy". And so we're gonna start off with those three judges in that federal court of appeals noting that, at the beginning of this mess in June of 2020, OSHA, which stands for the Occupational Safety and Health Administration, which is charged with protecting workplace safety for the workers in American workplaces - even they said at that point in time, even they did not need to issue an emergency temporary standard about this mess to protect the workers. So why the change of heart now, right?
Court went on to note that in the last 55 years, those emergency powers granted to OSHA have only been used a total of 10 times. And in nine of those times, they were struck down by the courts as unconstitutional, because that grant of power, that emergency power that is given to OSHA to protect workplace safety is so extraordinary, it is supposed to be used cautiously and delicately, lest it be overused, right?
So they said that the people before them were the good employees of American workforce employers, as well as the employers themselves, as well as the states. And they said the standing for these guys to sue is obvious. The mandate imposes a financial burden upon the employers by deputizing their participation in OSHA's regulatory scheme and exposing them to - SEVERE - severe financial risk if they refuse to comply and threatens to decimate their workforces and their business prospects by forcing unwilling employees to take their shots, take their tests, or hit the darned road. You got a Federal Circuit Court of Appeals, it sounds like Leigh Dundas on a bull horn at the Golden Gate Bridge.
They went on to say that this administration's mandate was - FATALLY - fatally flawed being a rare government pronouncement that is both over inclusive by, you know, subjecting forest rangers that are miles and miles from the next nearest human being, guys working lone security guard night shifts in companies where nobody else is present, to the same rules as the prison guard working with 5,000 prisoners that might actually have COVID. A little bit over inclusive. And they called Biden's bluff, they said it's a little under inclusive, too, because if you're really so darned concerned with these people's health and welfare, how come only the big employers have to do it? What about the little employers with 50 employees? What's with that? Right? He screwed it up from both ends is what the Court is saying.
(Quoting the Court's statement) "The mandate-stated impetus (Leigh says, 'this is one of my faves') a purported (Leigh says, 'and this was in quotes') a 'purported emergency' that the entire globe has now endured for nearly two years and which OSHA itself spent nearly two months responding to, is unavailing as well, and its promulgation grossly exceeds OSHA statutory authority."
Allow me to translate. Biden just got his rear end handed to him on a silver plate and I predicted that was going to happen!
I predicted that that was gonna happen! When Biden said last week in response to the initial restraining order, Oh, y'all just ignore that and do my mandate anyway, I was like, Oh, dear. I'm not sure Biden understands how this works. There is no quicker way to chap a federal court judge's hide, especially three of them at one time, than to say, Ignore 'em. I don't care if you are the alleged leader of the free world. So I said he was about to get his you-know-what handed to him and it appears he did.
The court went on to say, The administration pored over the US Code in search of authority or a workaround for imposing this nationwide vaccine mandate. They went on to say, as I mentioned a second ago, The emergency temporary standards, which are granted to OSHA must be used with great caution and delicacy. And then they said, this is Joyous right here, The mandated issue here is - ANYTHING BUT (Leigh's emphasis) - anything but a delicate exercise of this extraordinary power. And rather than handing them a delicately handled scalpel, this mandate is a one size fits all sledgehammer.
You want to get some quotable boring legal opinions to be not so boring and very quotable? Tell those judges again to ignore, you know, to tell them to be ignored. They'll they'll rip you a new one with their words, let me tell you.
So then they went on to note the obvious, which I've also been saying, OSHA is meant to deal with workplace safety hazards like poisons and toxic substances. Apparently, the Federal Court also agreed that there was a little issue here. And they said OSHA's attempt to shoehorn an airborne virus that is both widely present in society and thus not particular to any one workplace, which virus is also - Leigh: listen to these charming words - also not life threatening to a vast majority of employees.
I was laughing out loud this morning in bed, I'm like, Oh, my speech is gonna go a lot longer now. Gonna have to tell Clay to give me an extra minute.
"Their attempt to transform that thing into something that connotes toxicity and poisonousness is yet another transparent stretch," by Biden and OSHA, right? Y'all needed to prove a grave danger to workplace safety, that's what the court was getting at. And it said, "...assuming COVID-19 poses any significant danger to workers to begin with. For the more than 78% of Americans aged 12 and older either fully or partially inoculated against it, the virus poses, according to the administration, which assures us little risk at all...". Leigh: Again let me translate, Biden just hung himself with his own damned PR rope.
It gets better. Save a little more clapping. All right. So then they went out and they just, you know how we've all been saying, What is this COVID lunacy where you have to wear a mask walking through the restaurant, but as soon as you sit down in the booth, as Clay says, It knows you're shorter than four feet, now, it's not a danger at all, right? So they said, You know, this doesn't make any sense. If it's really such an issue, every employee should be subjected to it. Why are the employees at big workplaces falling into this mandate, but the little guys are just out there, you know, fighting for their health? It just doesn't make sense. The under inclusive nature of the mandate implies the mandate's true purpose. True purpose is not to enhance workplace safety, but instead to ramp up vaccine uptake. I repeat, "to ramp up vaccine uptake by any means necessary."
THEY CALLED BIDEN OUT! THEY CALLED HIM OUT!! THEY SAID, YOU'RE BLUFFING!! AND WE FRICKIN KNOW IT!!
They went on to say, The mandate derives its authority from an old statute employed in a novel manner, imposes nearly $3 billion in compliance costs, involves broad medical considerations that lie outside of OSHA's core competencies... (Leigh: I swear they quoted me. I think I said that sentence earlier.) ...and purports to definitively resolve one of today's most hotly debated political issues. It substantially burdens liberty interests by giving these workers a choice between their jobs or a jab. The public interest is served by maintaining our constitutional structure and maintaining the liberty of individuals everywhere to make intensely personal decisions, according to their own convictions, even or perhaps particularly when those decisions frustrate government officials.
Then the court gave us a nod. And by us I mean the workers who have been rallying and fighting their corner and those of us giving a microphone to them. And I include the nationwide walkout that I substantially helped organize this last week which has turned into a worldwide walkout, by the way. They said, From economic uncertainty to workplace strife, the mere specter of the mandate has contributed to untold economic upheaval in recent months. And then they said, Health agencies don't make housing policy and Occupational Safety Administrations don't make health policy. In seeking to do so here, OSHA ran afoul of the statute from which it drew its power and violates the constitutional structure that safeguards our collective liberty. You are ordered to stay this mandate and (Leigh: because they didn't much like what Biden did last week when he flouted his nose out at 'em, right?) ...OSHA is ordered to take no steps to implement or try to enforce this mandate.
We're getting there. We're getting there guys. Hold the line. We're getting there. So the courts did us a solid, but let's call it what it is. The courts of law follow, in many cases, the courts of public opinion, do not underestimate the week that went before this ruling, not in the least. And two days ago, I was standing at the Golden Gate Bridge at a rally that was a culmination for a four day nationwide walk out that was largely organized by the blue collar boys and girls in this great country, and to which I simply gave a microphone. They were joined, by the way by white collar workers and everybody in between. Epoch Times dropped a piece Sunday night prior to this walkout that said, Raytheon, Honeywell, Thompson, Reuters, Amtrak, you name them, all of these employees are pissed off and they're ready to walk.
So yesterday I gave these guys the due that they were due. We had a rally. It was not a normal rally. And I am going to give you the speech I gave them because they deserve to hear it a second time. I said, Today I share this microphone with people I have little to nothing in common with: Mormons, Muslims, Gays, Native Americans, and the founder of BLM Greater New York chapter who came to our rally at the Golden Gate Bridge. I said, We are not lockstep in our views. We will never be lockstep in our views. That's okay. That's what makes America so great.
I cannot tell you what it is like to be a black man living in New York City because I am not a black man in New York City. I cannot tell you what it's like to be a gay female in San Francisco, because I am not a gay female living in San Francisco. I cannot tell you what it is like to be a member of the Falun Gong faith and be persecuted for my religious beliefs in China and have tens of thousands of my brothers and sisters put to death. Nor can I tell you what it was like to escape Cuba from Fidel Castro's rise to power in the 1960s. Nor can I tell you what it is like to be a seven year old being raped 10 times a night in a Cambodian brothel by pedophiles for profit. But I can tell you this: it is wrong. It is all wrong and that much we all know.
When people in power use their power to abuse and oppress those who have less power, that is wrong. To tell a little kid, you can't go to school because of the color your skin is wrong. To rape someone is wrong. To rape a child is more wrong, in my book. To torture someone is wrong. To torture them because of their faith is yet more wrong. To torture them until they are killed or they die is yet more wrong. To kill at all is wrong, but to kill by the hundreds, to kill by way of mass extermination or genocide is yet more wrong. And I'll tell you this: to target our children, be it with a bullet or a needle in the arm, that is always wrong. That is always wrong. And on that we can all agree!!
We can all agree. We can all agree.
The sense of impotent rage that we feel when facing injustice, and the need to do something about it. It is right we feel this rage. It is right we want to correct the wrongs.
I want you all to do me a favor. I want you to close your eyes for ten seconds and think way, way back to when you were a child and when you first learned about injustice on this planet. Maybe some adult walked by and said sit down and shut up. You don't have a voice in this matter. You don't know your own darn mind. Maybe they came by and they beat you. Maybe they sexually abused you. Maybe they harassed you. Maybe, maybe all they simply did was not come to your aid and help you when you most needed it. I believe that we learned about injustice (you can open your eyes now) but I want you to hold space for all those kids who are facing that right now, including the child you once were.
And I want you to understand that I think we learned about these injustices for a reason and that reason is this: That when we understand and see injustice raise its ugly face again in our lifetime and when we are adults and no longer children with no power, we can do something more than feel a sense of impotent rage, we can stand up and we can do something about it and that is what we are called to do right now.
Today we are facing a bigger threat than the Jews did in 1938 under Hitler's Germany. I believe we are facing a bigger threat than the Cubans did under Fidel Castro's regime. I believe we are facing a bigger threat than the Falun Gong do in China right now. And that is because of this, this act, this tyranny, this oppression is not coming after one group, one race, one religion, one color skin. This tyranny is against all of us. It is being foisted upon us by the 1% power elite and it is seeking to eviscerate and get rid of all of us.
Humankind herself is under fire right now. Pharma, Big Tech, and bad politicians are conspiring to take away our right to refuse and our right to refuse is the essence of freedom, as well our right to say yes to things we do want to do without having barriers to access. No, I do not want that thing in my body whether that thing is your body or a darn needle in my arm because that is called rape regardless of which it is. Yes. Yes, I want to go to school and today we stand united in saying the mandates are a violation of the Nuremberg Code. They are a violation of Federal Black Letter Law and the Fifth Circuit Court of Appeals ruled as well last night they are unjust, immoral, unconscionable and unconstitutional. And today is the culmination of a week where America went on strike when the government said, We're gonna put a gun to your darn head and the good worker said, The hell you will condition our jobs on a jab! We will bankrupt you. We will bring the economy to its knees before you sell out our freedom!!
We will never let America's freedom be sold out!! Not on our watch. God bless the blue collar boys and the white collar girls and every American in this flag. You are the leaders you have been waiting for!!
Clary Clark: Ladies and gentlemen, one more time, let's hear it for Leigh Dundas!
(Presentation of the Judy Mikovits Lifetime Achievement Award for hammering them who are so wrong!)