(Dr. Robert W.) Malone v. The New York Times Company et al

by Stephen Lendman

Inventor of mRNA technology used in Pfizer and Moderna kill shots, Malone earlier expressed "grave concerns about the lack of transparency of side effects, censored discussion, and lack of informed consent that these bring." 

He explained that the hazardous "spike protein (in Pfizer and Moderna kill shots) causes severe problems."

They include "bleeding disorders, blood clots throughout the body and heart problems." 

They show up in individuals jabbed with the gene-altering technology.

Their lipid nanoparticles (LNPs) risk pathologic neuro-inflammation that can cause multiple sclerosis, ALS, cancer, heart disease and/or other serious diseases.

The public was willfully deceived, Malone stressed.

He compared toxic mass-jabbing to illegal Nazi-era medical experiments -- in the name of "experimental medical research" and extermination of unwanted untermenschen. 

Nothing about what's gone on and continues is related to "the common good," just the opposite, Malone stressed, adding:

Jabbed individuals are "super-spreaders" of health-destroying toxins to others.

As numbers of jabbed, double-jabbed and booster-jabbed individuals increase, the more widespread super-spreading becomes.

In early April, the NYT disgraced itself more than already by demeaning distinguished virologist Malone as follow, saying:

He's been "spreading misinformation about (flu/covid) and (kill shots) on conservative programs (sic)."

He "questions the severity of the coronavirus (SARS-Cov-2)."

Ignored by the Times is that the alleged virus was never isolated or found.

If doesn't exist, how can there be a disease called covid?

Further defying reality, the Times falsely claimed that a likely nonexistent virus "killed nearly one million people in the US."

Like many times before, it lied saying that kill shots were "found to be safe safe and effective at preventing serious illness and death" when polar opposite is indisputably true.

And this bald-faced Big Lie from the Times character assassination hit piece:

"Dr. Malone routinely sells himself…as the inventor of mRNA vaccines, the technology used by Pfizer and Moderna for their Covid-19 shots."

"While he was involved in some early research into the technology, his role in its creation was minimal at best (sic), say half a dozen (so-called flu/covid) experts and researchers, including three who worked closely with Dr. Malone (sic)."

"In spreading these exaggerations and unfounded claims (sic), Dr. Malone joins medical professionals and scientists, like Dr. Joseph Mercola and Dr. Judy Mikovits, whose profiles have grown during the (nonexistent) pandemic as they spread misinformation about mask-wearing (sic) and convoluted conspiracy theories about virus experts like" fraudster/charlatan Fauci.

More of the same rubbish followed.

In response, Malone said the following on Thursday:

He "never claimed to have invented the SARS-CoV-2 mRNA vaccines."

He only said that he "invented the core (mRNA) technology platform."

"That claim is supported by patent disclosures from the late 1980s, nine issued US patents in which I am a named inventor, and highly cited peer-reviewed publications."

His Curriculum Vitae (CV) says the following:

Robert W. Malone, M.D., M.S.

"Dr. Malone is the discoverer of in-vitro and in-vivo RNA transfection and the inventor of mRNA vaccines, while he was at the Salk Institute in 1988." 

"His research was continued at Vical in 1989, where the first in-vivo mammalian experiments were designed by him." 

"The mRNA, constructs, reagents were developed at the Salk institute and Vical by Dr. Malone." 

"The initial patent disclosures were written by Dr. Malone in 1988-1989." 

"Dr. Malone was also an inventor of DNA vaccines in 1988 and 1989." 

"This work results in over 10 patents and numerous publications, yielding about 7000 citations for this work." 

"Dr. Malone was also an inventor of DNA vaccines in 1988 and 1989."

"Dr. Malone has extensive research and development experience in the areas of pre-clinical discovery research, clinical trials, vaccines, gene therapy, bio-defense, and immunology." 

"He has over twenty years of management and leadership experience in academia, pharmaceutical and biotechnology industries, as well as in governmental and non-governmental organizations." 

"Dr. Malone specializes in clinical research, medical affairs, regulatory affairs, project management, proposal management (large grants and contracts), vaccines and biodefense." 

"This includes writing, developing, reviewing and managing vaccine, bio-threat and biologics clinical trials and clinical development strategies." 

"He has been involved in developing, designing, and providing oversight of approximately forty phase 1 clinical trials and twenty phase 2 clinical trials, as well as five phase 3 clinical trials." 

"He has served as medical director/medical monitor on approximately forty phase 1 clinical trials, and on twenty phase 2 clinical trials, including those run at vaccine-focused Clinical Research Organizations." 

"His proposal development work has yielded clients billions of dollars."

"Scientifically trained at UC Davis, UC San Diego, and at the Salk Institute Molecular Biology and Virology laboratories, Dr. Malone is an internationally recognized scientist (virology, immunology, molecular biology) and is known as one of the original inventors of mRNA vaccination and DNA Vaccination." 

"His discoveries in mRNA non viral delivery systems are considered the key to the current COVID-19 vaccine strategies." 

"Dr. Malone holds numerous fundamental domestic and foreign patents in the fields of gene delivery, delivery formulations, and vaccines."  

"He received his medical training at Northwestern University (MD) and Harvard University (Clinical Research Post Graduate) medical school, and in Pathology at UC Davis."

"Dr. Malone has close to 100 peer-reviewed publications and published abstracts and has over 11,477 citations of his peer reviewed publications, as verified by Google Scholar."  

"His google scholar ranking is 'outstanding' for impact factors." 

"He has been an invited speaker at over 50 conferences, has chaired numerous conferences and he has sat on or served as chairperson on numerous NIAID and DoD study sections."

In response to NYT fake news demeaning of Malone, he's not going quietly into that good night.

Malone v. The New York Times Company et al is challenging its hit piece by legal action if a retraction of its bald-faced Big Lies isn't published, along a written apology and compensation for defamatory damage.

By communication to its deputy general counsel David McGraw, attorney for Malone Steven Biss said the following:

"I represent Dr. Robert W. Malone in connection with his claims against The New York Times Company ('NYT'), Davey Alba ('Alba') and unknown editors and publishers for defamation, defamation by implication and insulting words.

On April 3, 2022, NYT published an article on its website written by Alba, entitled 'The Latest Covid Misinformation Star Says He Invented the Vaccines.'

Expectedly, NYT and Alba repeatedly republished the Article via social media.

The Article contains false and defamatory statements of fact of or concerning Dr. Malone, including:

1. The headline misrepresents that Dr. Malone is the 'Latest Covid Misinformation Star' and further states that '(e)ven two years into the (nonexistent) pandemic, new misinformation stars are being minted;'

2. The Article falsely accuses Dr. Malone of 'spreading unfounded claims about the vaccines and the virus;'

3. The Article falsely states that 'in recent months, as the coronavirus pandemic has persisted, he has taken up an entirely different role: spreading misinformation about the virus and vaccines on conservative programs;'

4. The Article misrepresents that 'Dr. Malone joins medical professionals and scientists, like Dr. Joseph Mercola and Dr. Judy Mikovits, whose profiles have grown during the pandemic as they spread misinformation about mask-wearing and convoluted conspiracy theories about virus experts like (fraudster) Fauci;'

5. The Article misrepresents that 'Dr. Malone has twisted legitimate policy debates to use them as cover for continuing to spread misinformation and to advance claims about the (nonexistent) pandemic that are demonstrably incorrect;'

6. 'Robert Malone is exploiting the fact that data-driven course correction is inherent to the scientific process to peddle disinformation. It's extraordinarily dishonest and morally bankrupt.'

The qualities disparaged by NYT and Alba – Dr. Malone's honesty, veracity, integrity, judgment, morals and ethics as a licensed medical doctor – are peculiarly valuable to Dr. Malone and are absolutely necessary in the practice and profession of any medical doctor. 

The Article ascribes to Dr. Malone conduct, characteristics and conditions, including, without limitation, intent to deceive and defraud, misinformation, disinformation, grifting and financial exploitation, that would adversely affect his fitness to be a medical professional and to conduct the business of a medical doctor. 

See, e.g., Goulmamine v. CVS Pharmacy, Inc., 138 F.Supp.3d 652, 659 (E.D. Va. 2015) (that a physician has committed misconduct worthy of losing his license to practice medicine or dispense controlled substances is sufficiently similar to suggesting an attorney has committed conduct worthy of disbarment); 

Echtenkamp v. Loudoun County Public Schools, 263 F.Supp.2d 1043, 1064 (E.D. Va. 2003) (statements that 'could be construed either imply or to state directly that plaintiff lacks integrity or is unfit for her profession' where actionable); 

Carwile v. Richmond Newspapers, 196 Va. 1, 8, 82 S.E.2d 588 (1954) ("Every false and unauthorized imputation, spoken, written, or printed which imputes to a business or professional man conduct which tends to injure him in his business or profession is libelous and actionable without allegation or proof of special damages).'

In addition to the above false statements, the Article misrepresents Dr. Malone's credentials, role and achievements in the development of mRNA technology and vaccines:

7. The Article misrepresents that '(w)hile he was involved in some early research into the technology, his role in its creation was minimal at best;'

8. The Article misstates that '(t)he idea that he is the inventor of mRNA vaccines is a totally false claim.'

Significantly, Dr. Malone offered to show Alba the evidence concerning his research and invention of the mRNA technology, but Alba refused to review it.

NYT and Alba's false statements were immediately understood to convey a defamatory meaning about Dr. Malone.

('Recently @daveyalba wrote a profile on Robert Malone, who is a lushly bearded, pro-COVID money vortex fueled by his own self-aggrandizing mythology & anti-vaccine fantasies. He profits from the suffering of others.'

('Dr. Robert Malone says he helped invent mRNA vaccines and has been wronged for decades.' 

'Now he's spreading unfounded claims about the vaccines and the virus.'

('Not only does Dr. Malone embellish his credentials and spread deadly misinformation, he also attacks his critics in very dangerous ways).'

('The first rule of COVID grifters: 'Robert Malone is exploiting the fact that data-driven course correction is inherent to the scientific process to peddle disinformation.' 

'It's extraordinarily dishonest and morally bankrupt).'

('Robert Malone Spreads Falsehoods About Vaccines');

('Dr Robert Malone has leapt to prominence as one of the leading voices spreading COVID-19 misinformation. He has done this on the false claim that he 'invented' mRNA technology).'

('this was a really great piece by @daveyalba about someone I have been particularly curious about: Dr. Robert Malone, who claims to be the inventor of the MRNA vaxx. Now, he spends his time peddling misinfo about Covid & the vaxx');

('I wish the NYT would just come out and say he's a liar rather than 'spreading misinformation');

('COVID-19 has been a godsend for conspiracy influencers, who have seized the chance to spread confusion about the vaccine no matter how many people they hurt');

('There's gold in them thar hills: Robert Malone, who styles himself as the inventor of mRNA vaccines and has become a major source of vaccine misinformation, makes at least $31,200 a month from Substack, plus frequent appearances on conservative TV');

('Robert Malone is a liar and a fraud. 2. He did not 'invent' the vaccines. 3. What's up with framing this fraud as a 'star?')

NYT and Alba's false and defamatory statements injured Dr. Malone's reputation and business. 

Dr. Malone's reputation as a medical professional has been severely compromised.

Demand is hereby made for an immediate public retraction of the false and defamatory statements in the Article, a written apology, and compensation for the presumed and actual damages suffered by Dr. Malone, including the insult, pain, humiliation, embarrassment, mental suffering and injury to his reputation.

In order to mitigate the damage you have caused, the retractions must prominently notify NYT's online advertisers, subscribers, and viewers, and NYT and Alba's social media followers, that NYT and Alba retract and withdraw the scandalous statements in the Article.

NYT and its agents are hereby on NOTICE that Dr. Malone contends that the statements in the Article are false and defamatory. 

Nunes v. Lizza, 12 F. 4th 890, 901 (8th Cir. 2021) ('Republication of a statement after the defendant has been notified that the plaintiff contends that it is false and defamatory may be treated as evidence of reckless disregard.' 

'Restatement (Second) of Torts § 580A cmt. d (Am. L. Inst. 1977).' 

'Lizza tweeted the article in November 2019 after Nunes filed this lawsuit and denied the article's implication.' 

'The pleaded facts are suggestive enough to render it plausible that Lizza, at that point, engaged in 'the purposeful avoidance of the truth.'). 

Demand is further made upon NYT and Alba to cease and desist from any further publication and/or republication of the false and defamatory statements.

My client wishes to resolve this matter amicably and without litigation. 

If you refuse to take the above action within 30 days of the date of this letter, or if the retractions are insufficient, he intends to take appropriate legal action to protect his rights and interests."

Readers know how often I've wage truth and full disclosure war against Times and other MSM fake news on numerous issues.

They're funded to lie and mass deceive readers on key domestic and geopolitical ones.

That's what US/Western ruling regimes and corporate advertisers want and expect.

If the Times and other MSM no longer existed, a giant step would be taken to advance things toward peace, equity, justice and the rule of law over the other way around on all of the above.