Dr. Robert Malone, a world-renowned biotechnology scientist with nearly 30 years of management and leadership experience in academia, pharmaceutical, and biodefense industries, has built a reputation of a Man of Science.
Dr. Malone has gained an international following during the COVID-19 pandemic by exposing the intensely corrupt workings of government regulatory bodies, scientifically questioning the official narrative, and making sense of the ensuing chaos. Malone pioneered mRNA vaccine technology in the late 1980s and holds nine U.S.-issued patents in which he is explicitly named an inventor.
“A line has been crossed,” posted Malone of his Substack account when announcing that his lawyer sent a letter to The Times accusing the author, unknown editors and publishers of “defamation, defamation by implication and insulting words.”
Malone demands the outlet immediately and publicly retract the false and defamatory statements made in the article, issue a written apology, and compensate him “for the presumed and actual damages … including the insult, pain, humiliation, embarrassment, mental suffering and injury to his reputation.”
If the outlet fails to meet Malone’s demands within 30 days, the doctor will be taking the newspaper to court.
Regarding the recent NYT article concerning myself #1
“The Latest Covid Misinformation Star Says He Invented the Vaccines”
This will the first of two substack articles that I will be sending out today regarding the NYT article recently authored by Davey Alba. Ms. Alba, previously from Buzz Feed News, apparently has left the New York Times to work for Bloomberg, but previously the NYT described her desk and portfolio as “technology reporter covering disinformation and all of its tentacles”. Wish we had known that before we let her into our home and spent two days being interviewed by her. Lesson learned. So much for Mattias Desmit’s advice that we need to try to engage with all sides.
For the record, sticking to the facts, as most of you know I have never claimed to have invented the SARS-CoV-2 mRNA vaccines. In fact, I have very actively distanced myself from them. I have claimed to have invented the core 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.
Here are the quotes upon which author Alba (who has unusually precise information concerning the current status of Dr. Michael Callahan’s employment status with the CIA) based her statements:
- The idea that he is the inventor of mRNA vaccines is “a totally false claim,” Dr. Gyula Acsadi told me, a coauthor of your 1990 paper showing that injecting RNA into muscle could produce proteins. He also said that none of the other authors on the paper would claim that they invented the vaccine.
- Dr. Alastair McAlpine told me that the coronavirus vaccines are “the result of hundreds of scientists all over the world.” He said that the vaccines are not the result of one pioneering individual.
- A spokeswoman for Penn Medicine said in a statement, “We have been excited to witness the deployment of the vaccines in the global fight against the virus and the well-deserved global recognition for Drs. Kariko and Weissman’s decades of visionary basic science research.”
- Dr. Angela Rasmussen, a virologist at the Vaccine and Infectious Disease Organization at the University of Saskatchewan, told me that there is good faith disagreement about how to translate fast-moving science into policy, and acknowledge that health agencies have adjusted guidelines over time, as new information is collected. The guidance, she said, is “only as reliable as the evidence behind it, and thus it should change when new evidence is obtained.”
- Dr. Rasmussen also told me that some of your statements have exploited “the fact that data-driven course correction is inherent to the scientific process to spread disinformation.”
Lets take these potshots by scientific malcontents one by one, starting with Dr. Angela Rasmussen
Here is an example of the level of discourse associated with this individual, who the NYT appears to think is an expert (here is her Google Scholar listing). Note that Dr. Rasmussen has 3.100 instances of other scientists citing her work. No Patents. In contrast, here is my Google Scholar link. 13,508 citations. Enough said on that.
And here is another one- sounds like defamation to me!
Now, lets look at her quotes cited by the NYT-
Dr. Angela Rasmussen, a virologist at the Vaccine and Infectious Disease Organization at the University of Saskatchewan, told me that there is good faith disagreement about how to translate fast-moving science into policy, and acknowledge that health agencies have adjusted guidelines over time, as new information is collected. The guidance, she said, is “only as reliable as the evidence behind it, and thus it should change when new evidence is obtained.”
Dr. Rasmussen also told me that some of your statements have exploited “the fact that data-driven course correction is inherent to the scientific process to spread disinformation.”
Can you make sense out of this word salad? Near as I can tell, the complaint is that I was able to interpret the emerging data at a time when she was still confused?
The idea that he is the inventor of mRNA vaccines is “a totally false claim,” Dr. Gyula Acsadi told me, a coauthor of your 1990 paper showing that injecting RNA into muscle could produce proteins. He also said that none of the other authors on the paper would claim that they invented the vaccine.
This is called a straw man argument. First, I did not claim to have invented “the vaccine”. Second, I have never met Gyula Acsadi. This person worked for Dr. Jon Wolff at the University of Wisconsin, and apparently did some injections and analysis of mRNA/cationic lipid samples that I prepared and shipped to Jon Wolff. Dr. Ascadi in fact is not listed on the patents and is not named as an inventor of the relevant foundation mRNA patents because he made no inventive contribution.
The paper that he was included as a co-author on is not the one disclosing the seminal discoveries.
His opinion here has no relevance, and is inaccurate in multiple aspects. Co-authors Drs. Jon Wolff and Philip Felgner, first and last authors of the paper in question, are both listed as inventors on many of the core patents. Dr. Ascadi is not.
Now turning to Dr. Alastair McAlpine, MD.
I have never heard of this person. Is he just another Twitter star like Dr. Angela Rasmussen?
Looks like it. Clearly he is very woke.
Here is one of his defamatory statements:
So, here is his deep insight:
Dr. Alastair McAlpine told me that the coronavirus vaccines are “the result of hundreds of scientists all over the world.” He said that the vaccines are not the result of one pioneering individual.
I never said otherwise. Yet another strawman argument.
So, just for the record, what is my actual track record? Am I named as an inventor of the core mRNA technology? Did my work form the foundation upon which the current products have been developed? Well, Davey Alba apparently has no idea, because she refused to actually review my CV, to review the boxes of data and information that we offered to her for her review, and refused to read or cite the relevant patents.
This is what passes for “journalism” at the New York Times these days.
So, for the record, in case you wish to do your own diligence, you can find my actual CV here.
There, was that so hard?
Please wait for a follow-up substack post regarding the New York Times later today…..
RE: Malone v. The New York Times Company et al.
A line has been crossed
From: Steven S. Biss,
Attorney At Law
300 West Main Street, Suite 102 Charlottesville, Virginia 22903
April 6, 2022
To: David E. McCraw
Senior Vice President & Deputy General Counsel The New York Times Company
620 Eighth Avenue
New York, New York 10018 firstname.lastname@example.org
(and) Davey Alba
RE: Malone v. The New York Times Company et al.
Dear Mr. McCraw and Ms. Alba:
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”.
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 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 Dr. Anthony 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 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”; and
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, see, e.g.:
(“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”);
(“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’”);
(“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”);
(“ 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”);
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.
Call or email me if you have any questions.
Yours very truly,
Steven S. Biss