Victoria Toensing and Joe diGenova told Newsmax on Thursday that Republican Texas Attorney General Ken Paxton has a solid case in his lawsuit that accuses Pfizer of unlawfully misrepresenting the effectiveness of the company's COVID-19 vaccine and attempting to censor public discussion of the product.
Pfizer and other makers of the COVID-19 vaccine were immune from financial risk during a declared public health emergency under the Public Readiness and Emergency Preparedness Act, which was passed by Congress and signed into law by George W. Bush in December 2005.
"The federal government did everything it could to give immunity to all of these people who made the drugs, who gave the drugs, even medical students who were giving jabs," Toensing, a former deputy assistant attorney general in the Department of Justice, told "The Chris Salcedo Show." "And then Ken Paxton found an out. If you lie about it, we can get you under the local fraud statute.
"He must have the evidence because, as I understand it, he investigated several companies, and Pfizer is the only one that is being indicted."
DiGenova, Toensing's husband and a former U.S. attorney in Washington, D.C., said Paxton has "launched a legitimate, and I underscore legitimate, assault on this immunity nonsense that was done for the [drugmakers]."
"Remember, these are experimental drugs," diGenova said. "They have never gone through all the trials necessary to be called a real drug under United States drug laws. What [Paxton is] saying is, it's even worse than that, though. He's saying they lied to the public about the efficacy of the drugs, and then they did everything they could to stop a public discussion of that lack of efficacy.
" ... The bottom line is that Ken Paxton has struck a nerve. He's got the right idea. It's a good theory of the case, and I hope his case survives."
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