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Americans Must Sue China for Covid-Related Terrorism



Americans Must Sue China for Covid-Related TerrorismCovid, Spawn of Wuhan: What a difference a month makes. Until recently, it was verboten stating Covid came from a Chinese lab. But since Sen. Dr. Rand Paul, MD OD, repeatedly confronted Dr. Fauci, who finally admitted Wuhan may be the source, resistance shrinks. Since the embargo against this topic was shattered, more brave souls insist it's almost certain Covid escaped from a Chinese lab. Most embarrassingly, confidence man Fauci admitted he paid millions to the lab where it escaped. This broken sorcerer now cowers in broad daylight, eyes dimmed, powers ebbing as trembling sets in. Now, as it seems inevitable Covid was a Chinese invention, shall we discuss remedies, including suing the communists? Obviously, purposeful Covid release or coverups means China had a terroristic impact on America. Current law is as follows.  
The Foreign Sovereign Immunities Act: Passed in 1976, FSIA controls how Americans may sue foreign states, which under § 1603(a) of the act, says foreign states "includes a political subdivision of a foreign state or an agency or instrumentality of a foreign state." Now, "Unequivocal Supreme Court precedent makes clear FSIA provides the "sole basis" for obtaining civil jurisdiction over a foreign state in U.S. courts, and provides "a comprehensive set of legal standards governing claims of immunity" from civil suit." US citizens cannot normally sue a foreign country, with three exceptions: FSIA incorporates three main exceptions to sovereign immunity, the commercial activity exception, the non-commercial tortuous acts or omissions exception, and the terrorism exception (revised by JASTA).  The commercial activity exception is governed by 28 U.S.C. § 1605 (a)(2), while the non-commercial tort exception is governed by 28 U.S.C. § 1605 (a)(5).  All of these exceptions are narrowed to activity conducted within the United States by state officials acting in their capacity, which directly affects the United States.  Courts have further interpreted this exception to only apply to activity conducted by the foreign state itself. Therefore, courts are reluctant to apply, never mind extend, these exceptions. However, when courts have allowed suits under FSIA, the damages have been substantial. While FSIA stands as the main preclusive obstacle to U.S. litigants seeking to hold China accountable, it certainly has not stopped many of them from filing suits.

Time to Sue China for Covid




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The political aims of China's Covid release was to create greater Chinese global power by death, disease and intimidation

Justice Against Sponsors of Terrorism Act: In 2016, JASTA was passed to aid victims of the 9/11 terror attacks, easing application of FSIA: JASTA allowed "civil litigants… to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States." This aids exceptions to the general rule of sovereign immunity – that a government cannot be sued without its consent. Justice for Victims of Coronavirus Act: Sponsored by Sen. Hawley, and others, JVCA would have made China liable for civil claims in U.S. courts, penalizing them for negligence and cover-up after the virus first emerged in Wuhan. Unfortunately, this Bill expired on 12/31/2020. Lawsuits for Chinese Terrorism: First, let's resubmit and pass JVCA. Then, why not sue with FSIA by claiming China violated by acting illegally to protect their overall market shares in trade by covering-up Covid for a month, or more. Bearing in mind 6 million possibly infected travelers departed from Wuhan in that month, the delay sickened or killed millions. Then, China committed terrorism on the US because one irrational and terroristic goal of Covid was to harm America and punish us for pushing back on their ambitions of global dominance. After all, Oxford Languages defines Terrorism as: "the unlawful use of violence and intimidation, especially against civilians, in the pursuit of political aims." The political aims of China's Covid release was to create greater Chinese global power by death, disease and intimidation. Now, if China did purposefully release Covid to punish the US, or do so accidentally but not inform the world, this had a terroristic effect. 

Law of International Responsibility

Racketeer Influenced & Corrupt Organizations Act: According to scholars, famous anti-Mafia tool RICO could be used internationally: "One avenue that has not been greatly explored is the use of the Racketeer Influenced and Corrupt Organizations Act ("RICO") as a weapon. Through RICO, the United States can strike at the organizations that support international terrorism." Purposefully releasing a dangerous virus is terrorism.  Law of International Responsibility: Another angle -- customary law of 'International Responsibility' for damages caused to another nation was established in the Trail Smelter arbitration in the 1920s. A smelter in British Columbia, Canada, whose toxic fumes caused damage to surrounding forests and crops across the Canada-U.S. border in Washington State. A Canadian and US tribunal resolved the dispute. The Canadian government agreed to provide compensation. This same approach could be used with China once Covid fault is established.  Otto Warmbier: NK $500 Million. The family of murdered exchange student Otto Warmbier was awarded $500 million in damages for his death in North Korean custody by an Ohio court. Jurist wrote: "The court found that under Section 1605A(c) of FSIA state sponsors of terror are liable for money damages against their victims including, "economic damages, solatium, pain and suffering, and punitive damages." Solatium damages "began as a remedy for the loss of a spouse or a parent," but they are now understood to include the loss of a child or a sibling, as well."


Our goal should be making China an international pariah

International Lawsuits: America must allow private citizens to sue China and also commence direct action. We must use any angle available. While China may ignore these lawsuits, and while settlements may be uncollectible, we must teach them a lesson. Trillions of dollars were lost by private citizens and the government directly because of China's diabolical actions. But if the US won a trillion or more, we could demand China cancel that much of US debt. Also, heavy tariffs and taxes must be placed on Chinese goods.  Chinese Reckoning: We must encourage all international allies to aid our attempts to force justice on China. Our goal should be making China an international pariah who stops pretending only Chinese interests exist. Ultimately, to save the world from the next biological attack we must harshly sanction them. Anything less simply accepts a world menaced and continually sickened by the biological warfare of an unholy communist tyranny. A state who does not accept human rights, intellectual property rights, or the existence of a God who carefully establishes rules, then judges pompous scofflaws and the arrogant deeds of greedy, evil men.

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Kelly O'Connell -- Bio and Archives

Kelly O’Connell is an author and attorney. He was born on the West Coast, raised in Las Vegas, and matriculated from the University of Oregon. After laboring for the Reformed Church in Galway, Ireland, he returned to America and attended law school in Virginia, where he earned a JD and a Master’s degree in Government. He spent a stint working as a researcher and writer of academic articles at a Miami law school, focusing on ancient law and society. He has also been employed as a university Speech & Debate professor. He then returned West and worked as an assistant district attorney. Kelly is now is a private practitioner with a small law practice in New Mexico.


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