FOIA request to CDC / HHS - RE The CDC’s Unmasking Decision of May 2021
The redacted files.
In May 2021, on impulse I made a FOIA request. I was so angry that they changed the guidance without evidence, and worse, the CDC director didn’t emphasize to the elderly in the media blitz that they were still at high risk, but just quietly had those deets on the CDC website only or in quotes deep into articles with misleading headlines, and it was up to people in the know to personally point this out to vaccinated but elderly high risk loved ones who didn’t realize the unmasking didn’t mean them.
My FOIA request was kinda just what happened leading up to the choice to do this, so I was asked to narrow down my request to specifics. The request needed to be specific enough so that I would get the whole of the results within the parameters of a free fulfilled request by a member of the public.
I request emails to and from Henry Walke, MD, MPH , director of the division of preparedness and emerging infections, in the 48 hours preceding the May 13th 2021 CDC announcement that said vaccinated can remove masks, with the following search terms: “joint coordination cell” “OSHA” “Workplace” “Call centers” “Disabled workers” “employees” “Workers with disabilities” “Special needs” “Vulnerable members” “Vulnerable populations” “Workers compensation” “Workers comp” “Restaurant workers” “OIRA” “Shelanski” “Doug” “Parker” “Nancy” “Messonnier” “Jeff” “Zients” “Marty” “Walsh” “Cancer patients” “Transplant recipients”
I was then given the large file from CDC, and later another set of files from HHS. All heavily redacted. There is a letter which I reproduced with my deets redacted, which explains the redaction reasons.
FOIA FILES:
FOIA-2021-21-01284-For-Sept-14-2021-Close-1.pdf
FOIA-2021-21-01284-For-Sept-14-2021-Close-2.pdf
FOIA-2021-21-01284-For-Sept-14-2021-Close-3.pdf
FOIA-2021-hhs-walke-combined.pdf
FOIA-2021-DHSletter-ID-REDACTED.pdf
Almost everything was redacted under Exemption 5 which covers the deliberative process. So the exact reason I was interested in the information, is the exact reason they don’t have to tell us.
“Information withheld under this exemption was protected under the deliberative process privilege. The deliberative process privilege protects the decision-making process of government agencies. The deliberative process privilege protects materials that are both pre-decisional and deliberative. The materials that have been withheld under the deliberative process privilege of Exemption 5 are both pre-decisional and deliberative, and do not contain or represent formal or informal agency policies or decisions.”
Please note I personally find the term “special needs” inappropriate, but I used the term for the FOIA search because I know it’s used broadly in government, and banking as a legal term1 to talk about disabled kids. I chose terminology - like “vulnerable members” - which I know are used in government settings.
The cheerful cruise ship related banter quite frankly made me seasick to my stomach.
Almost everything is redacted though. Later in April 2022, I learned that the CDC is in fact an opaque agency, or as Dr. David Michaels, epidemiologist and longest serving OSHA head, said in his testimony at the OSHA hearing in April 2022, “CDC is like a black box. We have no idea how these recommendations are determined.” He thought maybe FOIA requests or Congressional inquiries might shed some light,2 but even that’s proved elusive.
Dr David Michaels, Epidemiologist, longest serving OSHA head, 2009 to 2017, testifying at the OSHA hearing on April 28, 2022 “OSHA has a statutory responsibility, statutory requirement to have an open and transparent process like we are having today to just determine what the standard should be. CDC is a black box. We have no idea how these recommendations are determined. Unfortunately, until there are, there are Freedom of Information Act requests or Congressional inquiries. So given all those things, it's really incumbent upon OSHA to develop standards, and to say these are the standards that every employer covered by the standard must follow.”
It seems clear that Jeff Zients and his history of profits over people ruled the day. Masks “remind people” of the public safety threat,3 so they wanted them gone.
Footnotes:
Understanding a Special Needs Trust and Its Benefits By JULIA KAGAN Updated July 12, 2022 Reviewed by EBONY HOWARD Fact checked by TIMOTHY LI A special needs trust is a legal arrangement and fiduciary relationship that allows a physically or mentally disabled or chronically ill person to receive income without reducing their eligibility for the public assistance disability benefits provided by Social Security, Supplemental Security Income (SSI), or Medicaid. A grantor creates a trust and a trustee oversees the disbursement of assets from the trust. A beneficiary is a person for whose benefit the trust is established. The trust will supplement the beneficiary’s government benefits but not replace them. A special needs trust is a popular strategy for those who want to help someone in need without risking that the person will lose their eligibility for programs that require their income or assets to remain below a certain limit.
Dr David Michaels, Epidemiologist, longest serving OSHA head, 2009 to 2017, testifying at the OSHA hearing on April 28, 2022 “OSHA has a statutory responsibility, statutory requirement to have an open and transparent process like we are having today to just determine what the standard should be. CDC is a black box. We have no idea how these recommendations are determined. Unfortunately, until there are, there are Freedom of Information Act requests or Congressional inquiries. So given all those things, it's really incumbent upon OSHA to develop standards, and to say these are the standards that every employer covered by the standard must follow.”
And Voila, An Anti-Mask Twitter Rando by Chloe Humbert on Medium, Apr 7 2023 I came across a particularly aggressive anti-mask account on twitter in early 2021. He made a ridiculous capitalist fever dream argument to justify duping people into unmasking and getting sick, and maybe dying, for business interests. It seemed so blatantly ridiculous. Tweet from @reubenR80027912 dated 1019 am May 7, 2021 says Main Street is Very simple. Do 3 things PSA campaigns that you won’t die if vaxxed. Remind people kids aren’t a risk. Remove masks everywhere so people don’t constantly live in fear. Voila. Roaring economy. Spending is about freedom from fear. Quote-tweet from same account on February 22, 2021 says There’s something to the Mad Men pilot and covid. Telling people they’re more likely to die in a car accident than covid doesn’t matter. Nor do vax stats. Happiness is freedom from fear, a billboard that screams whatever you’re doing is ok @ DKThomp