Dr. Robert W. Malone: "The PREP Act Is an Abomination"

Yes it is. Even when Secretary Kennedy uses it just for “bureaucratic housekeeping”

This is a conversation Sasha Latypova and I recorded on 5.24.26 to discuss the new PREP Act Emergency Declaration by HHS Secretary Kennedy.

We agree with Dr. Robert Malone’s bold statement on his Substack that the PREP Act is an abomination, and we call for all emergency declarations under the PREP Act to be terminated forthwith by HHS Secretary Kennedy, who has the sole statutory authority to do so, especially the emergency declaration for Covid, which has been extended over a dozen times, and is currently in effect through December 2029.

We disagree with Dr. Malone that alerting people to the latest abomination is “fearporn” or an exaggerated, unwarranted, response.

Specifically, we want to emphasize that the purpose of the PREP Act is to waive all legal liability for anyone who does anything related to covered countermeasures in the case of a declared emergency or potential emergency. It is extremely important to understand that the PREP Act cannot “create liability protections surrounding the investigational use” (as Dr. Malone states) of any product.

In fact, once a product is designated as a PREP Act-covered countermeasure, any use of it is no longer governed by any “investigational” laws or regulations. No informed consent is required, and no Institutional Review Board (IRB) nor any other body has any regulatory authority over its use.

This is why it is an abomination: Because if you get hurt or killed by a covered countermeasure under the PREP Act, you (or your relatives) have no legal recourse to redress the harm. And it is a clear violation of both citizens’ and states’ Constitutional rights, as explained by those who objected to the law when it was passed.

Strangely, this new declaration by Secretary Kennedy states in Section VII (Limitations of Distribution) that it is for covered countermeasures administered “in accordance with an approved IND [Investigational New Drug] application.” Just like Dr. Malone’s statement about “investigational use,” this misleadingly suggests that the regulations and legal protections that apply to clinical investigations of pharmaceutical products also apply to PREP Act-covered countermeasures. They do not.

Listen to the discussion to learn more, and find below a summary of key information we covered.

KEY INFORMATION ABOUT THE MAY 2026 ANDES VIRUS PREP ACT EMERGENCY DECLARATION

On Friday May 22, 2026, HHS Secretary Kennedy posted a notice of a PREP Act emergency declaration “for medical countermeasures against Andes virus.”

Here is the declaration https://public-inspection.federalregister.gov/2026-10539.pdf

It states that Secretary Kennedy has determined that “the spread of Andes virus and the resulting disease, hantavirus pulmonary syndrome (HPS) constitutes a credible risk of a future public health emergency.”

As of May 18, 2026, as reported by the CDC, there were no confirmed cases of Andes virus or HPS in the United States, and there were fewer than a dozen in the entire world. Three people were reported to have died of the disease.

The declaration “is effective as of the date of signature.” I cannot find whether that is 5.22.26 or another date.

It is effective through July 18, 2026. This implies that Kennedy believes the virus found nowhere in the United States “constitutes a credible risk of a future public health emergency” in the next two months.

Nevertheless, as with all PREP Act declarations, it can be extended indefinitely.

It is for one Covered Countermeasure: favipiravir. Clinical trials on favipiravir for treating influenza and ebola showed no efficacy and significant safety signals.

Favipiravir is a product very closely related (almost identical) to a product that is covered by the PREP Act emergency declaration for Covid: remdesivir. Extensive evidence has been gathered about the lack of efficacy and terrible safety profile of remdesivir.

We also know that almost no one who has tried to sue anyone over any Covered Countermeasure for Covid, including remdesivir, has succeeded, due to PREP Act protections.

Although no other products are listed right now as Covered Countermeasures for Andes virus, once a PREP Act state of emergency is declared, countermeasures can be added to the list with no need for any additional declarations.

TO SUMMARIZE THE SITUATION:

A state of emergency has been declared for a pathogen that cannot credibly be forecast to cause an emergency necessitating legal liability protections for countermeasures. The covered countermeasure (which is not subject to any investigational drug laws or regulations) has already been shown to be toxic and ineffective against similar pathogens.

This raises this question:

Why are we using an unconstitutional abomination for a non-existent emergency to give legal protections for an ineffective and unsafe drug?

According to Dr. Malone, this is merely “bureaucratic housekeeping” that Kennedy is using to “initiate antiviral therapy,” “empower doctors” and “allow clinicians enough flexibility to respond to a potentially dangerous outbreak.”

None of these explanations makes sense.

A law that is abominable because it violates the Constitution is not less abominable, nor does it violate the Constitution less, depending on the situation to which it is applied. Any use of a blatantly unconstitutional law is abominable and should not be downplayed or trivialized.

There is no law or regulation preventing healthcare professionals from treating an Andes virus patient with favipiravir, if they believe the treatment to be safe and effective.

There is also no reason favipiravir might be considered the only potential treatment for this virus.

Why would Secretary Kennedy want to “initiate antiviral therapy” over any other type of therapy? Is he trying to tell doctors what to do? That would be the opposite of empowering them and allowing them flexibility! In fact, granting PREP Act liability protections for just one antiviral treatment significantly lowers the chance that doctors will consider any other – potentially less harmful and possibly more effective – treatment option.

Think about it: If you were a doctor and had no idea what might work against a disease, would you choose treatments that show promise but have no liability protections? or a treatment that might be more harmful but grants you complete immunity from liability no matter what happens when you administer it?

SPECULATION

What is the purpose of this seemingly spurious invocation of an abominable law, guaranteed to upset those people who understand what the PREP Act is, and who remember how it was used to shield perpetrators of Covid countermeasure harms from liability?

I do not know the answer, but here are some possible reasons:

• Normalizing the idea that the PREP Act is somehow part of an accelerated approval or investigational process for experimental treatments, which it most definitely is not.

• Creating the illusion that it’s OK to use the PREP Act in some limited circumstances, thus making its use in general seem less egregious.

• If the Andes virus declaration is not extended, it could allow Sec. Kennedy to claim that he has, in fact, “ended the PREP Act declaration” which could be conflated (especially in search engines and AI-generated summaries) with ending the PREP Act declaration for Covid – a step he has not taken and says he will not take.

• If favipiravir has already been used to treat people suspected to have been exposed to the Andes virus, this declaration is necessary to protect the makers and administrators of the countermeasure, which is known to have significant side effects. We will be keeping an eye on the official date on which the Andes virus emergency is declared to be in effect, to see whether it is retro-dated the same way the Covid PREP Act declaration from March 18, 2020 was post-dated to take effect on February 4, 2020 – the date on which the announcement of the “national security threat” for Covid was declared by the biodefense cartel.

Please add any ideas in the comments section below.