WEBVTT - The Muzzling of Doctors with Dr. Aaron Kheriaty

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<v Speaker 1>The state of California has a new law known as

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<v Speaker 1>Assembly Bill. Under the new law, the Medical Board of

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<v Speaker 1>California could discipline physicians who disseminate information about COVID that's

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<v Speaker 1>not in line with the quote unquote contemporary scientific consensus. Basically,

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<v Speaker 1>in a nutshell, what this means is the Medical Board

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<v Speaker 1>of California wants to muzzle doctors. If you question the authority,

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<v Speaker 1>if you question the consensus, you could lose your license. Now,

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<v Speaker 1>we've all been paying attention during COVID and we've seen

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<v Speaker 1>how the consensus has been wrong about everything. The consensus

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<v Speaker 1>has been wrong about masks, the consensus has been wrong

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<v Speaker 1>about lockdowns, the consensus has been wrong about vaccines. Essentially,

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<v Speaker 1>this is just government censorship, the silencing of dissidents, and

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<v Speaker 1>isn't the point of science to question the broader narrative,

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<v Speaker 1>to question the consensus. We're going to talk to one

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<v Speaker 1>doctor who is part of a small group who's suing

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<v Speaker 1>the state. Now so far they've successful. California judge issued

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<v Speaker 1>a preliminary injunction against the law, so their case will

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<v Speaker 1>continue to proceed. That doctor's name is Dr Aaron Karyat.

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<v Speaker 1>He graduated from the University of Order Dame in philosophy

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<v Speaker 1>and pre medical sciences. He earned his medical degree from

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<v Speaker 1>Georgetown University and he completed his residency training in psychiatry

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<v Speaker 1>at the University of California, Irvine. He he taught there

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<v Speaker 1>for many many years, something like fifteen years before getting

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<v Speaker 1>fired for speaking out against the quote unquote consensus, for

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<v Speaker 1>not getting vaccinated, for questioning the authority, and now he's

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<v Speaker 1>leading the charge on this lawsuit as well. So we're

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<v Speaker 1>going to talk to Dr Aaron Karyati about why he's suing,

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<v Speaker 1>what it means, and where this lawsuit is heading. He's next,

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<v Speaker 1>Dr Aaron Karyati. I appreciate you coming on the show, sir,

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<v Speaker 1>thank you for making the time. Oh. Absolutely, it's great

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<v Speaker 1>to be with you. Losing. So, you're one of the

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<v Speaker 1>five physicians who have filed a lawsuit against the state

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<v Speaker 1>of California over a new law assembly built. What exactly

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<v Speaker 1>does this law do? This law, which was introduced in

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<v Speaker 1>the California state legislature last year, passed by the state legislatures,

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<v Speaker 1>signed by the governor, is more or less a gag

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<v Speaker 1>order on physicians. It specifies that a that a physician

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<v Speaker 1>who contradicts what the law calls the quote unquote current

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<v Speaker 1>scientific consensus, which is never defined in the law. Very

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<v Speaker 1>difficult thing to define legally. Any doctor who contradicts this

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<v Speaker 1>supposed consensus on things related to COVID may have hiss

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<v Speaker 1>or medical license subject to disciplinary action by the medcal Board.

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<v Speaker 1>So especially the law empowers the medical board to discipline

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<v Speaker 1>physicians in California who contradict the really the preferred public

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<v Speaker 1>health narrative on COVID. And I say that it's a

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<v Speaker 1>gag order on physicians for a couple of reasons. One

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<v Speaker 1>is it tries to control the speech that doctors engage

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<v Speaker 1>in with their patients in the privacy of the consulting room.

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<v Speaker 1>And they shouldn't be a political issue. That should not

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<v Speaker 1>be a sort of left right liberal conservative debate. And

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<v Speaker 1>the reason for that is I explained when I testified

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<v Speaker 1>against this bill at the California State said it is

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<v Speaker 1>that I don't know anyone in California left right, progressive

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<v Speaker 1>conservative who wants to go to their doctor and ask

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<v Speaker 1>our doctor a question about COVID treatment or COVID intervention

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<v Speaker 1>and not have their doctor give them the doctor's honest opinion.

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<v Speaker 1>Right nobody wants their doctor reading from a government approved

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<v Speaker 1>script written by the California Department of Public Health. Otherwise

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<v Speaker 1>you would just go on the government's website and read

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<v Speaker 1>what the government wanted you to know about COVID. The

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<v Speaker 1>reason you ask your physicians you want your physicians opinion. Now,

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<v Speaker 1>you may decline to follow the physicians recommendation, you may

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<v Speaker 1>be skeptical of the physicians judgment, go seek a second

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<v Speaker 1>opinion whatever. As a patient, obviously you're free in that

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<v Speaker 1>regard as well. But I don't know anyone who doesn't

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<v Speaker 1>want to hear what their doctor actually thinks. And so

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<v Speaker 1>as soon as you intervene in that and try to

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<v Speaker 1>control with physicians, say the patients, you've undermined the trust

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<v Speaker 1>that's necessary for the doctor patient relationship to work in

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<v Speaker 1>the first place. And ultimately this this is a problem

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<v Speaker 1>for physicians who may be unjustly disciplined or unjustly constrained

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<v Speaker 1>from practicing medicine according to their best judgment. But more importantly,

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<v Speaker 1>at least it's harmful to patients who need to be

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<v Speaker 1>able to trust that what their physician is telling them

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<v Speaker 1>is actually in the in accord with the doctor's own

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<v Speaker 1>clinical judgment and the doctor's own personalized and individualized recommendation

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<v Speaker 1>for the patients. So this is a very serious, um

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<v Speaker 1>and egregious sort of insertion of the government into the

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<v Speaker 1>private realm of the doctor patient relationship where the government

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<v Speaker 1>does not belong. But it's also harmful to the practice

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<v Speaker 1>of medicine as a whole that is sort of institutional level,

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<v Speaker 1>because it's going to undermine the trust that patients in

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<v Speaker 1>general have of medical professionals if they think that, you know,

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<v Speaker 1>the medical professionals are constrained by laws like this. Um.

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<v Speaker 1>I think one of one of the reasons that the

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<v Speaker 1>law is vague and its definitions. This is one of

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<v Speaker 1>the constantitutional problems with the law that we're challenging. Is

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<v Speaker 1>even if the medical board only takes disciplinary action against

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<v Speaker 1>one or two physicians, or maybe it never, it never

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<v Speaker 1>applies to this law to specific cases. Nevertheless, the law

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<v Speaker 1>is going to have a chilling effect on this speech

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<v Speaker 1>of physicians right because precisely because it's difficult to know

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<v Speaker 1>whether or not whatever I'm saying may run a foul

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<v Speaker 1>of the law, or may run a foul of the

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<v Speaker 1>medical boards interpretational law. I'm just not going to say anything,

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<v Speaker 1>or I'm just going to air on the side of

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<v Speaker 1>only uh, you know, saying what has been approved again

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<v Speaker 1>by some government agency or some public health bureaucrat because

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<v Speaker 1>the potential consequences for me as a physician or so severe. Right,

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<v Speaker 1>it's I mean, it's one thing to lose your job,

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<v Speaker 1>it's another thing to lose your license, which is your

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<v Speaker 1>ability to practice medicine at all. When did science become

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<v Speaker 1>about the consensus? Isn't the whole point of science to

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<v Speaker 1>be able to challenge the consensus? You get new data,

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<v Speaker 1>you do new research, you come up with different you know,

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<v Speaker 1>a set of facts. So when has it ever been

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<v Speaker 1>about the consensus to begin with? Precisely right, it's never

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<v Speaker 1>been about the consensus. In fact, the the idea of

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<v Speaker 1>that the science capital key capitals, delivers ready made conclusions

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<v Speaker 1>that are unassailable and can never be challenged. This is

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<v Speaker 1>a this is a totally mistaken view of science. Sciences

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<v Speaker 1>is a method or it's a set of methods, or

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<v Speaker 1>trying to answer really difficult, really complicated questions about the

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<v Speaker 1>natural world, about the workings of the human body, about

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<v Speaker 1>a rapidly evolving virus, whatever, and science advances precisely by hypothesis,

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<v Speaker 1>by conjecture, by the gay aring of evidence, by refutation,

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<v Speaker 1>by argumentation. If you take a group of credible scientists

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<v Speaker 1>that that actually practice science, you put them in a

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<v Speaker 1>room together, they're going to argue endlessly. I mean, that's

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<v Speaker 1>what scientists do. That they're going to debate about, you know,

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<v Speaker 1>the nuances of this or that study, or that, you know,

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<v Speaker 1>the upshot of the research as a whole, or you know,

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<v Speaker 1>this theory versus that theory of viral evolution or of

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<v Speaker 1>treatment of a respiratory illness. That's a good thing, and

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<v Speaker 1>that's precisely how science advances. So if you actually understand

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<v Speaker 1>how medical science works, it's very clear immediately that science

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<v Speaker 1>and censorship are totally incompatible. So that that's precisely another

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<v Speaker 1>problem with the laws, not just what it does to

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<v Speaker 1>the doctor patient relationship in a consulting room, but what

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<v Speaker 1>it does to the advance of medical science. Trying to

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<v Speaker 1>fix a any conclusion that any given point of time

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<v Speaker 1>as the final truth and it cannot be challenged and

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<v Speaker 1>it's you know, it's unassailable. That will guarantee that you're

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<v Speaker 1>going to bring the scientific enterprise to a grinding halt um.

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<v Speaker 1>So it's it's clearly a misguided law and unjust law

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<v Speaker 1>in terms of suppressing the physicians free speech rights uh

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<v Speaker 1>and the patient's rights to receive certain forms of information,

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<v Speaker 1>which is another key aspect of free speech. But it

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<v Speaker 1>will also have this downstream consequence of halting the progress

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<v Speaker 1>of medical science and of you know, chasing out of

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<v Speaker 1>the state good physician scientists who are on the front

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<v Speaker 1>lines asking good questions, um, exploring novel treatments, trying to

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<v Speaker 1>improve treatment protocols. Doctors like that precisely the kind of

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<v Speaker 1>doctors that tend to advance the field. They're they're not

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<v Speaker 1>going to want to practice medicine in California. They're gonna

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<v Speaker 1>they're gonna jump ship. And you know, the physician shortage

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<v Speaker 1>shortage that we already have in this state is only

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<v Speaker 1>going to get worse, and in fact, it will be

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<v Speaker 1>some of the some of the best, most forward thinking,

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<v Speaker 1>most most creative or innovative physicians that will be the

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<v Speaker 1>first to leave well. And it's also what's scary about

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<v Speaker 1>this is, you know, if thunder the interpretation of the

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<v Speaker 1>Medical Board of California, we've seen how the CDC has

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<v Speaker 1>gotten things wrong how the you know FDC, how all

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<v Speaker 1>these are CDC rather f d A, How all these

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<v Speaker 1>public health organizations have gotten things wrong consistently throughout COVID.

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<v Speaker 1>So then you have the people who are essentially setting

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<v Speaker 1>the precedent setting you know what the consensus is that

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<v Speaker 1>have been wrong throughout all of It's exactly right about

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<v Speaker 1>our public health agencies. And by comparison, I mean at

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<v Speaker 1>least the public health agencies are populated by people with

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<v Speaker 1>pH d s and people with supposedly some level of expertise. Um.

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<v Speaker 1>There may be a bunch of incompetent pH d s,

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<v Speaker 1>or they may have become politicized or weaponized in various ways.

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<v Speaker 1>But if you look at the Medical Board, UM, less

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<v Speaker 1>than half of the members of the Medical Board are physicians.

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<v Speaker 1>Most of the non physicians are lawyers. The the chair

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<v Speaker 1>of the Medical Board is a professional life coach, um,

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<v Speaker 1>you know, not someone that is competent at judging the

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<v Speaker 1>current state of science on any given medical question. And

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<v Speaker 1>the members of the Medical Board are directly appointed by

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<v Speaker 1>the governor. So this is a This is an entity

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<v Speaker 1>that can very easily and I would argue, has become

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<v Speaker 1>weaponized and politicized. UM and tasked with doing things that

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<v Speaker 1>the Medical Board was never set up to do. The

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<v Speaker 1>Medical Board was set up to, you know, basically get

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<v Speaker 1>rid of physician cracks and quacks and cranks who are

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<v Speaker 1>clearly doing engaged in unethical, fraudulent, harmful behavior, you know,

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<v Speaker 1>abusing the doctor patient relationship in various ways, or defrauding

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<v Speaker 1>the insurance companies this sort of thing. Um, you know,

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<v Speaker 1>what to do about those doctors who received multiple complaints

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<v Speaker 1>from from patients about clearly substandard care, clearly unethical or

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<v Speaker 1>illegal practices. That's that's what the Medical Board was set

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<v Speaker 1>up for. The Medical Board is should never be empowered

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<v Speaker 1>to a judy adjudicate complicated scientific questions. Um, they don't

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<v Speaker 1>possess the competence to do that. And they will be

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<v Speaker 1>operating under pressure from the state, which sets them up

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<v Speaker 1>and empowers them to do the state's bidding and to

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<v Speaker 1>become the long arm of a kind of state censorship regime.

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<v Speaker 1>And that's a that's very very dangerous for UH, an

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<v Speaker 1>agency that had, you know, had really modest task of

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<v Speaker 1>you know, monitoring the most egregious violations that you know,

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<v Speaker 1>a few bad apples within the profession which are always

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<v Speaker 1>going to have you know, are are engaged in and

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<v Speaker 1>you know now they're being asked to take sides in

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<v Speaker 1>complicated debates about you know, a novel virus, and you know,

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<v Speaker 1>the the idea that they would they would do any

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<v Speaker 1>better than our public health agencies have done. Um is

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<v Speaker 1>you know it's very far fetched. You obviously you've eloquently

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<v Speaker 1>laid out the justification against this law. I wholeheartedly agree

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<v Speaker 1>with you. Quick commercial break more with Dr Aaron Karyat

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<v Speaker 1>why did you decide that, you know what, I'm stepping up,

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<v Speaker 1>I'm going to be a part of this lawsuit. I've

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<v Speaker 1>got to do more here. Number One, I thought that

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<v Speaker 1>I could be among the physicians that was targeted by

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<v Speaker 1>such a law. So if I wanted to continue to

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<v Speaker 1>live and practice medicine in California, I ought to do

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<v Speaker 1>something about this uma. From from early on in the pandemic,

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<v Speaker 1>I was one of the doctors that would publicly challenge

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<v Speaker 1>the current scientific consensus, and very often I was. I

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<v Speaker 1>was smeared or punished simply for being six months nine

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<v Speaker 1>ahead of the curve and for seeing what was coming

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<v Speaker 1>down the pike before it was widely acknowledged by the public.

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<v Speaker 1>Health agencies or by the profession as a whole. And so,

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<v Speaker 1>you know, I could imagine that once a lot like

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<v Speaker 1>this was in place, that you know, it may they

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<v Speaker 1>have a chilling effect on my own ability to continue

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<v Speaker 1>to comment on public health policy related to COVID. So

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<v Speaker 1>my own personal story. I was at the University of California,

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<v Speaker 1>Irvine for fifteen years, where I was a full professor

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<v Speaker 1>in the School of Medicine and directed the medical ethics

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<v Speaker 1>program there. And when the university institute of their vaccine mandate,

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<v Speaker 1>I had already published a piece in the Wall Street

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<v Speaker 1>Journal arguing that the university of a university of actually

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<v Speaker 1>mandates were unethical. They violated the principle of informed consent,

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<v Speaker 1>enshrined first into Nuremberg Code and then throughout twentieth century

0:16:09.560 --> 0:16:14.240
<v Speaker 1>medical ethics and federal law. And so I challenged the

0:16:14.360 --> 0:16:17.640
<v Speaker 1>vaccine mandate in federal court, and the university fired me

0:16:17.680 --> 0:16:21.000
<v Speaker 1>as a consequence of that. About a year after I

0:16:21.040 --> 0:16:25.800
<v Speaker 1>was fired, the CDC finally came around and publicly acknowledged

0:16:25.840 --> 0:16:28.040
<v Speaker 1>the central argument that I was making in that case,

0:16:28.120 --> 0:16:32.520
<v Speaker 1>which was that, uh, you know, we shouldn't be discriminated

0:16:33.160 --> 0:16:37.640
<v Speaker 1>between the vaccinated and the unvaccinated. CDC gave two reasons,

0:16:37.720 --> 0:16:42.680
<v Speaker 1>which were first articulated in my lawsuit a year prior.

0:16:43.240 --> 0:16:47.800
<v Speaker 1>Number one, natural immunity after infection, which I had, was

0:16:48.280 --> 0:16:52.800
<v Speaker 1>at least as robust, indeed more robust than the vaccine

0:16:52.840 --> 0:16:58.880
<v Speaker 1>induced community. And number two, um, the vaccines did not

0:16:59.040 --> 0:17:04.960
<v Speaker 1>stop in fact and and transmission um. And both of

0:17:04.960 --> 0:17:08.600
<v Speaker 1>these facts were known if you were paying close attention

0:17:08.640 --> 0:17:16.320
<v Speaker 1>to the research literature. We're known when I was trying

0:17:16.320 --> 0:17:18.919
<v Speaker 1>to make this case publicly end in the federal courts,

0:17:19.640 --> 0:17:23.240
<v Speaker 1>But it took the CDC a year to publicly acknowledge them.

0:17:23.400 --> 0:17:28.920
<v Speaker 1>Didn't happen until So, I mean, that's just one example

0:17:28.960 --> 0:17:33.480
<v Speaker 1>I could I could name others, other examples where I

0:17:33.760 --> 0:17:38.359
<v Speaker 1>and other quote unquote dissident physicians who are challenging the

0:17:40.160 --> 0:17:44.480
<v Speaker 1>COVID narrative that was being pushed were censored or silenced,

0:17:45.640 --> 0:17:51.960
<v Speaker 1>were punished simply for articulating things that that you know,

0:17:52.000 --> 0:17:57.040
<v Speaker 1>a year later, six months later, we're widely acknowledged by

0:17:57.080 --> 0:18:01.000
<v Speaker 1>everyone to be true. So that that's just that's isn't

0:18:01.359 --> 0:18:04.159
<v Speaker 1>you know? My own personal story which you could be

0:18:04.480 --> 0:18:09.080
<v Speaker 1>repeated many many times over by other doctors and nurses

0:18:09.160 --> 0:18:16.000
<v Speaker 1>and citizens. Just paying close attention is a good illustration

0:18:16.000 --> 0:18:18.160
<v Speaker 1>of precisely what we talked about a few minutes ago

0:18:18.440 --> 0:18:23.439
<v Speaker 1>with how science proceeds. You you challenge science advance is

0:18:23.480 --> 0:18:27.399
<v Speaker 1>precisely when it when a consensus, when what everyone thinks

0:18:27.440 --> 0:18:32.159
<v Speaker 1>they know is challenged, and then uh, you know, subjected

0:18:32.160 --> 0:18:38.119
<v Speaker 1>to critical scrutiny and um and subjected to further investigation

0:18:38.280 --> 0:18:42.680
<v Speaker 1>and the gathering of evidence and so forth. UM. And

0:18:42.720 --> 0:18:49.200
<v Speaker 1>so you know, the law like this is in my view,

0:18:49.240 --> 0:18:53.760
<v Speaker 1>essentially a power grab, right because it's if there if

0:18:53.760 --> 0:18:57.479
<v Speaker 1>there are public health officials or if there are medical

0:18:57.520 --> 0:19:04.600
<v Speaker 1>institutions who simply don't like the or supposed authority questioned, um,

0:19:04.680 --> 0:19:07.080
<v Speaker 1>and that if they declare something to be the case,

0:19:07.440 --> 0:19:10.840
<v Speaker 1>and you know, mandate that everyone fall in line, that

0:19:11.040 --> 0:19:15.439
<v Speaker 1>people should just shut up and listen. Um. Well, you

0:19:15.480 --> 0:19:19.840
<v Speaker 1>know these are people that um, that may realize, look,

0:19:19.920 --> 0:19:23.440
<v Speaker 1>my my arguments may not succeed on their own merits.

0:19:23.480 --> 0:19:27.440
<v Speaker 1>They may not succeed if they're subjected to scientific scrutiny.

0:19:27.480 --> 0:19:30.080
<v Speaker 1>And you know, for a real doctor, real scientist, that's okay,

0:19:30.119 --> 0:19:33.199
<v Speaker 1>you welcome that. You know, I'm open to revising my

0:19:33.240 --> 0:19:36.360
<v Speaker 1>opinion in the face of new evidence. There's nothing wrong

0:19:36.400 --> 0:19:39.040
<v Speaker 1>with that. In fact, that's a good thing. But for

0:19:39.080 --> 0:19:41.800
<v Speaker 1>people who will who will never publicly admit that they

0:19:41.800 --> 0:19:48.119
<v Speaker 1>may have been wrong. Uh, the censorship option, or to

0:19:48.160 --> 0:19:52.280
<v Speaker 1>punish my adversaries option seems like a you know, a

0:19:52.359 --> 0:19:55.919
<v Speaker 1>good way, maybe a shortcut, to maintain their power and

0:19:56.000 --> 0:20:00.960
<v Speaker 1>maintain their stance of a kind of authority that can't

0:20:01.000 --> 0:20:05.040
<v Speaker 1>be questioned. And this, you know, this is this is uh,

0:20:05.680 --> 0:20:08.439
<v Speaker 1>you know, this starts to smell of a of a

0:20:08.560 --> 0:20:13.560
<v Speaker 1>kind of Orwellian sort of totalitarian flavor to it. I

0:20:13.600 --> 0:20:15.480
<v Speaker 1>faced this and in the media a little bit because

0:20:15.520 --> 0:20:18.159
<v Speaker 1>I was very outspoken about not getting the vaccine. But

0:20:18.440 --> 0:20:22.360
<v Speaker 1>I can't imagine someone like you, who you know, as

0:20:22.400 --> 0:20:26.159
<v Speaker 1>you you talked about you were at the University of California,

0:20:26.200 --> 0:20:29.480
<v Speaker 1>Irvine for for fifteen years. My understanding is that the

0:20:29.520 --> 0:20:31.919
<v Speaker 1>school Medicine deans had asked you at one point to

0:20:32.040 --> 0:20:36.800
<v Speaker 1>give the white coat ceremony keynote addressed incoming medical students.

0:20:37.240 --> 0:20:39.280
<v Speaker 1>They told you that you're the best lecture in the

0:20:39.280 --> 0:20:41.720
<v Speaker 1>medical school. You're leaned on heavily for a variety of

0:20:41.800 --> 0:20:46.239
<v Speaker 1>leadership roles at the school. So how crazy, because I

0:20:46.240 --> 0:20:48.920
<v Speaker 1>can't imagine experiencing what I did in the media, which

0:20:48.960 --> 0:20:50.840
<v Speaker 1>isn't even close to to what you went through. And

0:20:50.840 --> 0:20:54.320
<v Speaker 1>then also being a medical professional that you are, how

0:20:54.400 --> 0:20:58.439
<v Speaker 1>wild has this been to see probably people that you know,

0:20:58.480 --> 0:21:01.840
<v Speaker 1>you previously respected, you, you thought were critical thinkers, to

0:21:02.000 --> 0:21:07.400
<v Speaker 1>just turn into you know, like these programmed bots almost yeah,

0:21:07.520 --> 0:21:14.480
<v Speaker 1>programmed bots and informants, uh, you know, on their colleagues.

0:21:15.000 --> 0:21:22.119
<v Speaker 1>It was surreal. It was demoralizing. Medicine at its best

0:21:22.200 --> 0:21:27.800
<v Speaker 1>has a tradition of self scrutiny and internal criticism can

0:21:27.840 --> 0:21:31.680
<v Speaker 1>try to make ourselves better. There's a there's a tradition

0:21:31.680 --> 0:21:35.080
<v Speaker 1>in academic medicine. We call it the eminem conference Morbidity

0:21:35.080 --> 0:21:37.879
<v Speaker 1>and Mortality conference. It's, you know, I take a case

0:21:38.040 --> 0:21:40.760
<v Speaker 1>that I've treated where maybe the outcome wasn't as good

0:21:40.800 --> 0:21:42.320
<v Speaker 1>as I would have hoped for, maybe there was a

0:21:42.320 --> 0:21:44.480
<v Speaker 1>bad outcome in the case the patient diet or something

0:21:44.520 --> 0:21:48.520
<v Speaker 1>like that, and I present the case in detail to

0:21:48.800 --> 0:21:51.439
<v Speaker 1>my colleagues. You know, I stand up in front of

0:21:51.480 --> 0:21:55.520
<v Speaker 1>the other doctors in my department and they then are

0:21:55.600 --> 0:21:58.959
<v Speaker 1>permitted to play Monday morning quarterback and second, guess, you know,

0:21:59.000 --> 0:22:00.960
<v Speaker 1>everything I did well, Maybe the case would have gone

0:22:00.960 --> 0:22:02.520
<v Speaker 1>better if you did this or maybe you could have

0:22:02.560 --> 0:22:05.119
<v Speaker 1>spotted that earlier, Maybe you should have run this test.

0:22:05.600 --> 0:22:08.959
<v Speaker 1>It's hard to subject yourself to that kind of critical scrutiny,

0:22:09.200 --> 0:22:12.119
<v Speaker 1>especially you know, from people who have the benefit of hindsight,

0:22:12.240 --> 0:22:17.359
<v Speaker 1>which is usually but doctors do that. We do that willingly, because,

0:22:17.680 --> 0:22:21.919
<v Speaker 1>you know, because we had a huge responsibility, because we

0:22:21.960 --> 0:22:24.480
<v Speaker 1>want to get better, and ultimately, you know, for the

0:22:24.480 --> 0:22:26.720
<v Speaker 1>sake of our patients, so that you know, if we've

0:22:26.760 --> 0:22:30.200
<v Speaker 1>made mistakes or done things that are suboptimal, we can

0:22:30.440 --> 0:22:33.280
<v Speaker 1>we can try to avoid that in the future. All

0:22:33.320 --> 0:22:36.800
<v Speaker 1>of that seemed to come to a grinding hall when

0:22:36.840 --> 0:22:40.720
<v Speaker 1>it came to COVID. There was none of that um

0:22:40.800 --> 0:22:43.280
<v Speaker 1>There was none of that self scrutiny and sort of

0:22:44.280 --> 0:22:48.760
<v Speaker 1>internal critique. There was none of the back and forth

0:22:49.880 --> 0:22:53.639
<v Speaker 1>parsing out of data and arguing about data that that

0:22:53.800 --> 0:22:57.720
<v Speaker 1>again is a central feature of academic medicine at its best.

0:22:57.800 --> 0:23:01.119
<v Speaker 1>Another monthly conference we have his journal club. You just

0:23:01.160 --> 0:23:02.879
<v Speaker 1>take one article and you've parted it out, and you

0:23:02.920 --> 0:23:05.159
<v Speaker 1>talk about the strengths and weaknesses and the methods, and

0:23:05.600 --> 0:23:08.439
<v Speaker 1>you know, just just one study can be subjected to

0:23:08.600 --> 0:23:13.840
<v Speaker 1>a lot of debate because science is complicated. But suddenly

0:23:13.920 --> 0:23:18.879
<v Speaker 1>COVID comes out, and there are these sort of anointed

0:23:19.040 --> 0:23:23.920
<v Speaker 1>public health talking heads on TV that we are supposed

0:23:23.920 --> 0:23:29.159
<v Speaker 1>to take as infallible. And never mind that Anthony Fauci,

0:23:29.520 --> 0:23:33.320
<v Speaker 1>for example, is probably not treated a patient since he

0:23:33.359 --> 0:23:36.760
<v Speaker 1>was in residency many many decades ago. He has not

0:23:36.960 --> 0:23:42.960
<v Speaker 1>run an experiment at the bench for many decades. Um.

0:23:43.000 --> 0:23:46.560
<v Speaker 1>You know, he's an administrator, he's a bureaucrat. But if

0:23:46.560 --> 0:23:51.320
<v Speaker 1>you were to challenge his public health recommendations, who were

0:23:51.320 --> 0:23:57.439
<v Speaker 1>immediately accused of killing Grandma or being selfish or you know,

0:23:57.520 --> 0:24:01.400
<v Speaker 1>putting the economy ahead of saving the times or whatever.

0:24:02.440 --> 0:24:07.320
<v Speaker 1>So in a climate of fear, we were suddenly subjected

0:24:07.440 --> 0:24:13.840
<v Speaker 1>to a situation in which everyone was afraid to say

0:24:13.840 --> 0:24:19.320
<v Speaker 1>what they actually thought. Um. Everyone was afraid even internally

0:24:19.960 --> 0:24:27.040
<v Speaker 1>to ask critical questions. UM. And it was it was

0:24:27.119 --> 0:24:32.520
<v Speaker 1>shocking to me to see how quickly medicine fell in

0:24:32.640 --> 0:24:39.440
<v Speaker 1>line with that UM, and how even when some doctors

0:24:39.480 --> 0:24:44.880
<v Speaker 1>started asking questions and started to once again I think

0:24:44.960 --> 0:24:48.600
<v Speaker 1>more critically, many of them did not feel empowered to

0:24:48.600 --> 0:24:51.199
<v Speaker 1>speak out publicly out of fear of losing their jobs.

0:24:51.240 --> 0:24:55.400
<v Speaker 1>So I had many doctors reaching out to me privately saying, hey,

0:24:55.480 --> 0:24:57.919
<v Speaker 1>love what you're doing. Thanks for speaking out. You know,

0:24:58.320 --> 0:25:01.640
<v Speaker 1>sorry you got sacked by the unit versity. But keep

0:25:01.640 --> 0:25:05.320
<v Speaker 1>doing what you're doing, you know, cheerleading. Um. Because I

0:25:05.359 --> 0:25:08.360
<v Speaker 1>feel like I can't I feel like I can't speak out,

0:25:08.440 --> 0:25:10.640
<v Speaker 1>or I can't ask questions, or all suffer the same

0:25:10.640 --> 0:25:13.640
<v Speaker 1>thing that you suffer. Then you know, I understand that.

0:25:14.720 --> 0:25:20.280
<v Speaker 1>I understand that it's kind of self protective um um

0:25:20.400 --> 0:25:24.280
<v Speaker 1>uh strategy to try to maintain your career or your job.

0:25:25.080 --> 0:25:28.280
<v Speaker 1>Those consequences are very real, and you know, doctors have

0:25:28.400 --> 0:25:32.280
<v Speaker 1>responsibilities to their family and so forth. But nevertheless, you know,

0:25:32.320 --> 0:25:35.359
<v Speaker 1>at a certain point, uh, you know, I think any

0:25:35.400 --> 0:25:38.600
<v Speaker 1>professional has to draw a line in the sand and say,

0:25:38.800 --> 0:25:40.960
<v Speaker 1>you know, as a position, if I'm if I'm doing

0:25:41.000 --> 0:25:43.760
<v Speaker 1>things that I think are harmful to patients, then you know,

0:25:44.000 --> 0:25:46.160
<v Speaker 1>then I have to speak up, even if it's going

0:25:46.200 --> 0:25:49.040
<v Speaker 1>to cost me as a journalist, if if I feel

0:25:49.040 --> 0:25:54.639
<v Speaker 1>like I'm just parenting lives that I'm being told to repeat. Um,

0:25:54.680 --> 0:25:56.760
<v Speaker 1>you know, for the state of my own integrity, even

0:25:56.800 --> 0:25:59.840
<v Speaker 1>if I may lose my position at the at the media,

0:26:00.640 --> 0:26:02.439
<v Speaker 1>I have to speak out. I have to do something.

0:26:02.640 --> 0:26:06.480
<v Speaker 1>I think all professionals should ask themselves. You know, where

0:26:06.560 --> 0:26:09.879
<v Speaker 1>is my line? If you don't have one, you should

0:26:09.960 --> 0:26:14.000
<v Speaker 1>probably ask yourself, you know, why you're doing what you're doing,

0:26:14.119 --> 0:26:17.080
<v Speaker 1>and you know what, uh, what is it all about

0:26:17.119 --> 0:26:23.880
<v Speaker 1>for you? Professionally? Quick commercial breaks? Stay with us? Having

0:26:23.920 --> 0:26:26.000
<v Speaker 1>these conversations with my parents and they're like, well, you

0:26:26.040 --> 0:26:27.879
<v Speaker 1>could get fired, you know, have you thought about that?

0:26:27.920 --> 0:26:30.080
<v Speaker 1>And I'm like, I just you know, I gotta do

0:26:30.160 --> 0:26:32.280
<v Speaker 1>it and just see, you know, like pray to God.

0:26:32.320 --> 0:26:34.800
<v Speaker 1>I don't. But you know, it's it's this is wrong,

0:26:34.840 --> 0:26:37.800
<v Speaker 1>And what's the point of me in this role doing

0:26:37.840 --> 0:26:40.119
<v Speaker 1>this job. If I don't speak out and I don't

0:26:40.520 --> 0:26:43.280
<v Speaker 1>have conviction, you know, and I'm not rooted anything, then

0:26:43.320 --> 0:26:45.880
<v Speaker 1>why why am I? I don't deserve this job? Then,

0:26:46.119 --> 0:26:48.399
<v Speaker 1>you know, to your to your point, uh, you know,

0:26:48.760 --> 0:26:54.040
<v Speaker 1>a California judge issued a preliminary injunction against this law.

0:26:55.119 --> 0:26:57.879
<v Speaker 1>Where do you think this case is heading? You know,

0:26:57.920 --> 0:27:00.960
<v Speaker 1>what's the timeline? What should people look for as this

0:27:01.240 --> 0:27:05.040
<v Speaker 1>moves forward? So the preliminary injunction is essentially the court

0:27:05.280 --> 0:27:09.480
<v Speaker 1>saying that we are going to halt the implementation and

0:27:09.560 --> 0:27:13.040
<v Speaker 1>application of the law while the case is being heard.

0:27:13.200 --> 0:27:17.080
<v Speaker 1>So the law went into effect January one, Unfortunately, we

0:27:17.080 --> 0:27:20.960
<v Speaker 1>couldn't get our hearing scheduled before January one, but we

0:27:21.080 --> 0:27:23.800
<v Speaker 1>managed a couple of weeks into January to get that

0:27:24.400 --> 0:27:27.119
<v Speaker 1>hearing for the preliminary injunction and the court granted it.

0:27:27.200 --> 0:27:29.960
<v Speaker 1>So the law went into effect for a few weeks. Um.

0:27:29.960 --> 0:27:33.880
<v Speaker 1>It was never applied to my knowledge, to any specific cases. Uh.

0:27:33.920 --> 0:27:37.600
<v Speaker 1>And now the law is is on hold until the

0:27:37.600 --> 0:27:40.720
<v Speaker 1>court makes a final ruling. That's a very very good

0:27:40.800 --> 0:27:44.200
<v Speaker 1>first step for a couple of reasons. Number one, there

0:27:44.240 --> 0:27:48.360
<v Speaker 1>were other physicians in California that high lawsuits to challenge

0:27:48.400 --> 0:27:51.560
<v Speaker 1>this lawn federal court on constitutional grounds similar to what

0:27:51.600 --> 0:27:56.160
<v Speaker 1>we did, and the court found that those physicians did

0:27:56.160 --> 0:28:01.160
<v Speaker 1>not have legal standing to challenge the law or is technicalities.

0:28:01.240 --> 0:28:06.359
<v Speaker 1>And you know, uh, reasons why the court did that. Um,

0:28:06.960 --> 0:28:09.399
<v Speaker 1>I don't think those reasons were justified, but we certainly

0:28:09.400 --> 0:28:12.600
<v Speaker 1>were worried that this judge might do the same thing.

0:28:12.880 --> 0:28:16.000
<v Speaker 1>So we got past that hurdle. The judge in the

0:28:16.320 --> 0:28:20.920
<v Speaker 1>preliminary injunction ruling found that all five of us physician

0:28:21.000 --> 0:28:24.840
<v Speaker 1>plaintiffs did have standing to challenge the law, even if

0:28:25.400 --> 0:28:29.080
<v Speaker 1>in our clinical practice we were not necessarily treating patients

0:28:29.160 --> 0:28:34.720
<v Speaker 1>with COVID directly, we were engaged in other conversations related

0:28:34.760 --> 0:28:39.200
<v Speaker 1>to COVID in my own case as a psychiatrist, for example, UM,

0:28:39.360 --> 0:28:42.000
<v Speaker 1>I sometimes have to deal with the issue of masks

0:28:42.640 --> 0:28:47.640
<v Speaker 1>with people that have anxiety disorders. Masks can actually increase

0:28:47.720 --> 0:28:52.080
<v Speaker 1>their anxiety. UM. If someone is subjected to panic attacks,

0:28:52.600 --> 0:28:56.480
<v Speaker 1>did the rebreathing of the air with a mask can

0:28:56.560 --> 0:29:01.080
<v Speaker 1>sometimes trigger panic symptoms. So, even though I'm not an

0:29:01.080 --> 0:29:05.240
<v Speaker 1>infectious disease specialist, I am sometimes giving advice on COVID

0:29:05.280 --> 0:29:08.960
<v Speaker 1>related matters. And the court recognized that, so that was good.

0:29:09.000 --> 0:29:12.520
<v Speaker 1>That's a big hurdle. The second really important aspect of

0:29:12.560 --> 0:29:15.960
<v Speaker 1>this preliminary injunction is that for a court to grant this,

0:29:16.960 --> 0:29:20.880
<v Speaker 1>it's essentially the judge saying that, even before you go

0:29:20.960 --> 0:29:26.840
<v Speaker 1>to trial, the plaintiffs likelihood of prevailing, in other words,

0:29:26.880 --> 0:29:29.800
<v Speaker 1>that the likelihood that the court is going to declare

0:29:29.840 --> 0:29:34.600
<v Speaker 1>this law unconstitutional and strike it down is very plausible,

0:29:34.720 --> 0:29:39.240
<v Speaker 1>just on the basis of the written documentation that we've submitted,

0:29:39.280 --> 0:29:42.280
<v Speaker 1>in the written arguments that we've made in our complaint,

0:29:42.360 --> 0:29:46.680
<v Speaker 1>in our declaration so far, so not to get too

0:29:46.680 --> 0:29:51.120
<v Speaker 1>far ahead of ourselves, Lisa, UM, we still need to

0:29:51.160 --> 0:29:54.400
<v Speaker 1>win the case. But this is an indication from the

0:29:54.440 --> 0:29:57.560
<v Speaker 1>court that the judge thinks we have a good chance

0:29:58.120 --> 0:30:00.560
<v Speaker 1>of winning the case. So the next step is that

0:30:00.600 --> 0:30:03.680
<v Speaker 1>we go we go to trial, and you know, we

0:30:03.760 --> 0:30:07.720
<v Speaker 1>have the back and forth of the fact finding in

0:30:07.760 --> 0:30:13.400
<v Speaker 1>the legal arguments and the testimony given by the plaintiffs

0:30:13.440 --> 0:30:17.520
<v Speaker 1>if the court asked for that or requires that, and

0:30:17.560 --> 0:30:20.280
<v Speaker 1>then the judge is going to have to make a ruling.

0:30:20.960 --> 0:30:23.960
<v Speaker 1>We don't have the date yet set for that trial

0:30:24.080 --> 0:30:27.440
<v Speaker 1>to my knowledge, unless that happened today and I just

0:30:27.480 --> 0:30:33.280
<v Speaker 1>haven't been notified. But the judge acted fairly swiftly in

0:30:33.320 --> 0:30:36.840
<v Speaker 1>our case to issue the preliminary injunction, and I think

0:30:36.880 --> 0:30:39.320
<v Speaker 1>the court will move pretty quickly to the next phase.

0:30:39.400 --> 0:30:42.840
<v Speaker 1>So hopefully, hopefully we'll be able to get a ruling

0:30:42.920 --> 0:30:45.120
<v Speaker 1>sometime in the next month or two. But at least

0:30:45.120 --> 0:30:47.160
<v Speaker 1>in the meantime, we're not going to be subjected to

0:30:47.200 --> 0:30:52.400
<v Speaker 1>this bad law in California. I anticipate that will prevail,

0:30:53.240 --> 0:30:57.120
<v Speaker 1>but um, you know, I'm also aware that I don't

0:30:57.120 --> 0:31:02.440
<v Speaker 1>have the crystal ball. The two the two constitutional issues

0:31:02.520 --> 0:31:06.360
<v Speaker 1>at stake in our case. Number one, free speech of

0:31:06.480 --> 0:31:09.400
<v Speaker 1>physicians is the first Amendment right, but the other one,

0:31:09.480 --> 0:31:12.640
<v Speaker 1>and actually the one that the court paid more attention

0:31:12.720 --> 0:31:17.560
<v Speaker 1>to in its recent ruling, was we're arguing that our

0:31:18.280 --> 0:31:21.400
<v Speaker 1>rights are being violated under the equal protection clause of

0:31:21.400 --> 0:31:25.600
<v Speaker 1>the fourteenth Amendment of the Constitution. One of the one

0:31:25.640 --> 0:31:31.040
<v Speaker 1>of the things that that that aspect of the Constitution

0:31:31.080 --> 0:31:34.800
<v Speaker 1>requires is that the law itself, any law that's passed,

0:31:34.840 --> 0:31:39.360
<v Speaker 1>be sufficiently clear in its wording, in its definitions, that

0:31:39.480 --> 0:31:42.080
<v Speaker 1>a citizen can know whether or not they're violating the

0:31:42.200 --> 0:31:47.920
<v Speaker 1>law right Otherwise you're you're subducted to an arbitrary law

0:31:48.000 --> 0:31:50.320
<v Speaker 1>of taking over your head and you're not sure you

0:31:50.360 --> 0:31:52.920
<v Speaker 1>know just what I'm doing right now constitute stealing or

0:31:52.960 --> 0:31:56.760
<v Speaker 1>fraud or whatever. Well, in this case, the judge said

0:31:57.080 --> 0:32:02.240
<v Speaker 1>that the wording of the law first of all grammatically unintelligible,

0:32:02.680 --> 0:32:08.000
<v Speaker 1>and second of all, the current scientific consensus was was

0:32:08.080 --> 0:32:12.240
<v Speaker 1>too vaguely defined in the law. Precisely, are concerned that

0:32:12.320 --> 0:32:14.479
<v Speaker 1>the law was going to have a chilling effect because

0:32:14.800 --> 0:32:18.560
<v Speaker 1>doctors didn't know if you know, a piece of advice

0:32:18.600 --> 0:32:21.360
<v Speaker 1>that they wanted to give would or would not get

0:32:21.400 --> 0:32:24.680
<v Speaker 1>them into trouble with the medical board. So we may

0:32:24.800 --> 0:32:31.120
<v Speaker 1>we may prevail on that issue alone. Aside from the

0:32:31.160 --> 0:32:35.960
<v Speaker 1>fact that this law also violates First Amendment free speech rights. Well,

0:32:36.080 --> 0:32:39.280
<v Speaker 1>Dr Aaron Katty, before we go, where can people help out?

0:32:39.400 --> 0:32:41.560
<v Speaker 1>Is our way for people to help out. So our

0:32:41.640 --> 0:32:45.280
<v Speaker 1>case is being supported by the New Civil Liberties Alliance.

0:32:45.840 --> 0:32:51.160
<v Speaker 1>Our lawyer there, Jennie Units, has been really excellent. So

0:32:51.280 --> 0:32:54.480
<v Speaker 1>if you want to contribute to the case itself, you can.

0:32:55.160 --> 0:32:56.920
<v Speaker 1>You can give some money to the n c l A.

0:32:57.320 --> 0:33:00.680
<v Speaker 1>If you want to follow the case, I post regularly

0:33:00.800 --> 0:33:03.640
<v Speaker 1>on it and on some other legal cases that I'm

0:33:03.680 --> 0:33:07.840
<v Speaker 1>involved in on free speech issues on my Substack newsletter,

0:33:08.040 --> 0:33:12.120
<v Speaker 1>So Aaron karyat dot substack dot com. You can follow

0:33:12.160 --> 0:33:16.200
<v Speaker 1>me on Twitter, and I've written about these issues as

0:33:16.240 --> 0:33:19.600
<v Speaker 1>well in a recent book I published called The New Abnormal.

0:33:19.760 --> 0:33:22.920
<v Speaker 1>That is a great title for where we are today

0:33:23.160 --> 0:33:26.320
<v Speaker 1>for a book. Dr Aaron Karyati, You're a hero in

0:33:26.400 --> 0:33:28.440
<v Speaker 1>my book. We really I think we're going to look

0:33:28.440 --> 0:33:31.640
<v Speaker 1>back and see folks like you as heroes and standing

0:33:31.720 --> 0:33:34.360
<v Speaker 1>up against this because it's one thing for media types

0:33:34.480 --> 0:33:36.360
<v Speaker 1>or anything else, it's another for people like you have

0:33:36.400 --> 0:33:39.400
<v Speaker 1>earned your degrees and uh, you know, have a different

0:33:39.480 --> 0:33:43.200
<v Speaker 1>level of credibility on these issues. So I appreciate what

0:33:43.240 --> 0:33:46.320
<v Speaker 1>you're doing, praying that you guys are successful in California,

0:33:46.520 --> 0:33:49.160
<v Speaker 1>and just thank you, thank you, thank you for standing

0:33:49.200 --> 0:33:53.520
<v Speaker 1>strong and for allowing voices like mine to to have

0:33:53.600 --> 0:33:56.880
<v Speaker 1>a microphone and to speak uh, and to standing by

0:33:56.880 --> 0:34:00.440
<v Speaker 1>your own convictions in this regard as well. Very much

0:34:00.480 --> 0:34:09.880
<v Speaker 1>admire that. Thanksly so. That was Dr Aaron Karotti obviously

0:34:09.960 --> 0:34:13.319
<v Speaker 1>leading the charge on this lawsuit in California. Good for him.

0:34:13.400 --> 0:34:17.319
<v Speaker 1>Really interesting conversation, Such a smart guy. Obviously. I sat

0:34:17.360 --> 0:34:19.759
<v Speaker 1>there and all during most of the conversation, just really

0:34:19.840 --> 0:34:21.840
<v Speaker 1>kind of taking in what he had to say. I

0:34:21.880 --> 0:34:24.440
<v Speaker 1>appreciate you guys for listening to the show every Monday

0:34:24.440 --> 0:34:26.479
<v Speaker 1>and Thursday, but you can listen throughout the week. Please

0:34:26.560 --> 0:34:29.440
<v Speaker 1>leave us review, We leave us a rating on Apple Podcast.

0:34:29.600 --> 0:34:32.360
<v Speaker 1>What make my producer John Cassio for putting the show together.

0:34:32.680 --> 0:34:33.480
<v Speaker 1>Until next time,