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It would be against the law if Defense Secretary Lloyd Austin made coronavirus vaccines mandatory for American troops before they are approved by the Food and Drug Administration (FDA), Rep. Mark Green (R-TN) told Breitbart News in an exclusive interview on Friday afternoon, after he sent a letter to Austin warning him against the move.
“I wrote the letter because of a concern that the executive branch is somehow going to operate outside of the laws written by Congress. And they can’t just decide that they’re going to disregard the law,” said Green, an Army combat veteran and a physician.
“It’s time for Congress to stand up to the executive branch’s abuse and violation of the law. And so I wrote the letter basically to say this is an illegal act and the courts have supported the law,” he added.
As far as receiving a presidential waiver to mandate the vaccine before it is FDA approved, Green said the president can do so only in connection with service members’ participation in a “particular military operation.” He cited 10 U.S. Code § 1107, which states:
(3)The Secretary of Defense may request the President to waive the prior consent requirement with respect to the administration of an investigational new drug or a drug unapproved for its applied use to a member of the armed forces in connection with the member’s participation in a particular military operation.
“Right now what they’re talking about — a blanket mandate for all of DOD — is not in accordance with the law,” he said. “If you just excuse the executive branch breaking the law, then what’s next?”
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