To all those concerned -

As you all likely know, The James Madison Project is representing several service members who have refused the vaccine. Currently, our clients include 5 Marines based at 29 Palms, CA, one Marine at Camp Pendleton, CA, and one Marine at Miramar, CA. The cases at 29Palms and Pendleton are being coordinated together for the time being. Extensive discovery requests were served on the government - including a request for samples of the vaccine for independent testing - and all were denied primarily based on relevance and lack of specificity. These were generic objections. We then filed a detailed brief on why the govt's denials were improper.

Originally we thought the gov't would maintain its objections and force a motion's battle. I was informed yesterday that Washington has ordered the prosecution to turn over somewhere in the area of 60%-80% of the discovery we requested. Of course, at this time I do not know what portions of the requests this covers. Apparently, the Pentagon has decided to make these court-martial cases the gov'ts OK Corral, i.e., this is where they are stopping to fight the last planned fight. This is where the line is being drawn in the sand.

My military co-counsel have been informed that these pending cases will be the test cases and the Pentagon will not pull its punches. It is apparently preparing to launch a major offensive and have individuals such as Surgeon General Blanck, Dr. Walter Brandt, Science Applications International Corporation (SAIC), and Colonel Arthur Friedlander, Chief, Bacteriology Division, U.S. Army Medical Research Institute for Infectious Diseases (USAMRIID), and others testify at our proceedings which will then be used against your sons, daughters, spouses, parents and friends.

These cases may very well determine the future of the AVIP program. Most certainly, they will undoubtedly determine the future of any subsequent court-martials. If we win, everyone wins. If we lose, perhaps everyone loses. Therefore, we obviously need to fight as hard as we can. The Pentagon, of course, has unlimited resources to throw at us, and the knowledge of the information - some of which is classified - that it will not reveal to us. Many of you know that The James Madison Project has also been actively exploring the possibility of filing a class injunction against the Pentagon to stop the program. We continue to hold discussions with law firms in order to attract assistance. Although many have expressed interest, most DC law firms are understandably wary of helping because of conflicts between their clients and the Pentagon. We are now looking outside of "The Beltway" for legal assistance and remain optimistic that we shall find support.

The injunction, however, may not be entirely necessary. The court-martial proceedings, if allowed to proceed unfettered, may provide the necessary information to stop the program. At the very least, even if hampered by restrictions, it may allow us to obtain additional evidence that can then be used in a later civil case.

I am scheduled to argue relevant motions, including on matters relating to discovery and expert witnesses, on June 10-11, 1999, at 29Palms. This will be a crucial hearing, and will require much preparation. Last month I announced a call for pledges for future donations should the need arise. It has. We need to raise money to ensure no stones are left unturned in order to fight this court-martial. Our clients - who are young, enlisted personnel - as you would all expect, are financially cash-strapped. I am going to need to focus entirely on this case, and prepare more so than I ever done before. There may not be a second chance.

If just 200 families provide $500 each, then we will have raised $100,000. This will fund the court-martials, the injunction, and other planned projects. Think of that, just a donation of $500 each will accomplish this. This amount can easily be raised through local efforts such as cookouts or through church or synagogue meetings, or just by several families bonding together. If anyone has additional fundraising ideas, please let us know. The James Madison Project is also working on a national plan to attract attention to the AVIP and its many deficiencies. Additional information will be forthcoming if the project appears financially feasible.

All donations will be deposited in the attorney escrow account for The James Madison Project until needed. We are about to file our 501(c)(3) application, but we are already a non-profit corporation organized under the laws of the District of Columbia. My understanding is that all individual donations are already fully tax-deductible.

If you are in a position to help, your check should be made payable to The James Madison Project, and sent to:

Mark S. Zaid, Esq.
Executive Director
The James Madison Project
1501 M Street, N.W.
Suite 1175
Washington, D.C. 20005

This could be the most important court-martial ever held in recent years. This is not only individuals fighting for their own liberty, freedom and constitutional rights, it is a fight against the system; a system that we believe - in this instance - to be wrong, intrusive and possibly unsafe. With just a donation of $500 each, the program may yet be stopped.

Please disseminate this e-mail as widely as possible. If anyone has any questions, please e-mail me. Thank you for all your support.

Mark S. Zaid, Esq.
Executive Director
The James Madison Project

P.S. Everyone should still be writing and calling their Congressional representatives as often as possible. Request that the AVIP be stopped immediately. Feel free to ask the Congressional staffers to contact us at The James Madison Project for additional information. The more letters and telephone calls received by a Congressional office, the more likely the representative will pay attention. Visit their office as well if you can. Place a human face on this issue. That is very important.