Legal News for Fri 12/13 - RFK Jr. Loves Polio, Trump Probes Stir Fear at DOJ, ByteDance Whistleblower Misconduct and SEC Reopens Neuralink Investigation

Minimum Competence

This Day in Legal History: Woodrow Wilson Arrives in France

On December 13, 1918, President Woodrow Wilson arrived in France to negotiate the terms of peace to conclude World War I, becoming the first sitting U.S. president to travel to Europe. Wilson's presence marked a historic moment in international diplomacy, as he sought to champion his vision for a postwar world order based on his Fourteen Points. These principles emphasized self-determination, free trade, disarmament, and the establishment of a League of Nations to prevent future conflicts.

Wilson joined the Allied leaders at the Paris Peace Conference, where complex negotiations would ultimately shape the Treaty of Versailles. The treaty included harsh reparations against Germany, redrew national borders across Europe, and officially created the League of Nations. While the League was Wilson's most cherished goal, the treaty and its terms faced intense scrutiny back in the United States.

Despite Wilson's efforts to garner support, the U.S. Senate, led by Republicans skeptical of the treaty’s implications, rejected it in 1920. Key concerns included the League's potential to entangle the U.S. in foreign conflicts without congressional approval. This decision prevented the United States from joining the League of Nations, a significant blow to Wilson's vision and to the League’s influence as a global peacekeeping body. The treaty’s rejection highlighted the tension between internationalism and isolationism in American foreign policy.

Wilson's involvement in the treaty process nevertheless underscored the growing role of the United States in global affairs and set a precedent for presidential diplomacy on the world stage.

Aaron Siri, a lawyer aligned with Robert F. Kennedy Jr., has petitioned the FDA to revoke approval of the polio vaccine, challenging one of the most significant public health achievements in history. Siri, who has a long track record of opposing vaccines, argues that the polio vaccine, like others, lacks sufficient testing and transparency. His actions, including a request to pause distribution of 13 additional vaccines, align with the agenda of the Informed Consent Action Network, a nonprofit advocating for "medical freedom" and closely tied to Kennedy. Critics warn that such efforts undermine decades of progress in eradicating vaccine-preventable diseases.

In the battle between children and polio, RFK Jr. has thrown his hat into the ring on the side of polio. Public health experts are alarmed by the potential consequences of withdrawing the polio vaccine, which has protected millions from paralysis and death. Recent polio cases in unvaccinated populations highlight the persistent threat of the virus, described by one expert as “an airplane ride away.”

Siri’s approach extends beyond polio, targeting the FDA’s vaccine approval processes and inundating agencies with document requests that some view as an attempt to hinder their operations. Kennedy’s consideration for health secretary in the incoming Trump administration raises fears that vaccine policy may shift dramatically. Critics argue that dismantling vaccine programs risks a resurgence of diseases that left children dead or in leg braces, a grim echo of past public health crises. Despite claims of merely seeking transparency and choice, Kennedy and Siri’s actions are seen as a direct threat to public health infrastructure.

RFK Jr.’s Lawyer Has Asked the FDA to Revoke Polio Vaccine Approval - The New York Times

Washington defense lawyers are preparing to represent Justice Department officials, prosecutors, and FBI agents who fear being targeted for investigations under Donald Trump’s upcoming presidency. Lawyers report a surge in inquiries from current and former DOJ employees concerned about congressional scrutiny, criminal probes, or internal watchdog investigations as Trump vows to dismantle the so-called “deep state” and pursue individuals he perceives as politically disloyal.

Though much remains uncertain, attorneys are advising federal workers on how to prepare for potential retaliation tied to politically sensitive cases. Some fear investigations from the DOJ’s inspector general, which could harm careers without requiring courtroom evidence. High-profile threats, such as prosecuting Special Counsel Jack Smith, are seen as less likely due to the difficulty of meeting legal standards for criminal cases.

Financial concerns loom large, as many DOJ employees cannot afford expensive legal defense. Discussions among attorneys have included providing pro bono or reduced-fee services to meet the anticipated demand. The nomination of Kash Patel as FBI director, who has openly advocated for firing and prosecuting certain federal employees, has intensified these preparations. Lawyers emphasize that these concerns are not paranoia, given public statements from Trump allies outlining plans to target DOJ personnel.

Lawyers Prep to Defend DOJ Workforce From Trump-Directed Probes

A federal judge has ruled that Yintao “Roger” Yu, a former ByteDance executive suing the company for wrongful termination, engaged in serious misconduct during his lawsuit. Judge Susan Illston found that Yu fabricated a key witness, lied under oath during his deposition, and abused the judicial process. As a result, the court sanctioned Yu and ordered his claims to be resolved through arbitration rather than continuing in court.

Yu, previously head of U.S. engineering for ByteDance, alleged he was fired for exposing the company’s intellectual property theft and the Chinese Communist Party's influence on TikTok. He claimed TikTok suppressed pro-democracy content at the CCP’s request. However, ByteDance presented evidence that Yu lied about signing arbitration agreements and fabricated a declaration from an alleged witness. The witness, a ByteDance HR employee, testified she never made the statements attributed to her.

The judge stated Yu’s actions caused delays, wasted court resources, and constituted egregious litigation misconduct. She denied Yu’s attempt to withdraw his lawsuit after ByteDance exposed his alleged perjury, ruling that such behavior would further undermine the judicial process. The judgment forces Yu to resolve the case through private arbitration, as required by the disputed agreements he initially denied signing.

ByteDance Whistleblower Abused Judicial Process, Faked Evidence

The U.S. Securities and Exchange Commission (SEC) has reopened an investigation into Elon Musk’s brain-chip startup, Neuralink, according to a letter shared by Musk on the social platform X (formerly Twitter). The letter, written by Musk's attorney Alex Spiro, was addressed to outgoing SEC Chair Gary Gensler and disclosed that Musk was given a 48-hour deadline to settle by paying an undisclosed monetary amount or face charges. However, the settlement demand is tied to the SEC’s probe into Musk's $44 billion takeover of Twitter, not Neuralink.

Musk and the SEC have a contentious history, including a 2018 lawsuit over Musk’s statements about taking Tesla private, which was settled with a $20 million fine and other conditions. Neuralink has also been under scrutiny after lawmakers urged the SEC to investigate whether Musk misled investors about the safety of its brain implant technology.

It remains uncertain how much traction the SEC will gain against Musk, especially given his growing political influence. Musk, who supported Donald Trump’s recent presidential campaign with substantial financial contributions, is poised to play a significant role in shaping the regulatory landscape. Trump has appointed Musk to a task force for overhauling the U.S. government. Musk and his attorney have vowed to resist SEC pressure, stating they will not be "intimidated."

SEC 'reopens' probe into Neuralink, Musk's lawyer says | Reuters

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