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By Wendi Strauch Mahoney

There is growing evidence that the spike protein in the original SARS-CoV-2 virus is causing harm and even death in many individuals. Additionally, an estimated 30 to 40 percent of COVID cases become post-acute COVID-19 sequelae (PASC), more commonly known as long-haul COVID. While it may be too early to tell, a growing body of evidence suggests the mRNA shots themselves may be causing Long COVID. The hypothesis for that conclusion stems partly from the fact that all vaccines for COVID-19 allegedly contain instructions to the human body to create the most pathogenically toxic part of the original virus, the S1 sub-unit of the spike protein.

The Adenovirus vaccine, a military-only vaccine used to prevent a DNA virus, also utilizes the spike protein as its therapeutic target.

It is still early in the process of getting to the truth of COVID and the mRNA vaccines. We are in an information war, with an increasing number of citizens, doctors, scientists, and researchers looking for ways to stop the vaccines until there is more vital information about their potential harm, because mRNA jabs do not prevent transmission or disease, plus they are not technically vaccines. They are more accurately defined as therapeutics—a somewhat ironic descriptor given their seemingly harmful effects.


The internet is flooded with information about myriad mild-to-severe symptoms and outcomes from COVID-19 mRNA jabs. One citizen, Anthony Pena, aka DocKek on the QuiteFrankly podcast, has spent the last two years bringing attention to the dangers. His work on the subject of informed consent and the toxicity of the spike protein is prolific

Kevin McCairn, Ph.D., a principal investigator in systems neuroscience, has been a pivotal mentor for Pena, reviewing and advising on his research.

Informed consent has long been the gold standard and is an important “ethical and legal requirement for medical treatment,” but Pena noticed that informed consent has been perplexingly absent in the COVID-19 universe. Working alone, Pena filed a lawsuit in Virginia courts and fought for months. His original writ of mandamus sought to use informed consent as an “avenue to getting the spike protein labeled a biologic toxin.” His case was ultimately dismissed. Pena concluded that informed consent is all but dead.


Pena’s months-long struggle to be heard led him to a more direct way to stop the shots. He now believes citizens and attorneys should focus on existing health-related statutes and codes to stop mRNA vaccines.

Pena researched state and federal codes requiring public health agencies to designate the spike protein and its S1 sub-unit as a dangerous pathogen and inform patients of their potential harm. Pena’s mission is to help Americans clearly understand that there is already a compulsory legal framework in place to stop these vaccines. Pena says:

“As it turns out, there’s a more direct approach to getting the spike protein labeled a biologic toxin, and that is by compelling these public agencies and the executive to realize and designate the S1 subunit of the spike protein as a biologic toxin directly. And after citizens have that admission, they can use the statutes and administrative codes” to ultimately remove the experimental mRNA technology from the shelves.

For example, Virginia Code 32.1-35 requires reporting of toxic substances and pathogens:

When such pathogens are reported, state agencies like the Virginia Department of Health have a duty to investigate in the interest of public well-being. As an aside, federal agencies like the CDC and the FDA must investigate. Under Section 564, which is a subsection of the 2004 National Defense Authorization Act (NDAA), there is a clause that states that, as it relates to the vaccines, individuals have the right to be informed of “the significant known and potential benefits and risks of such use, and the extent to which such benefits and risks are unknown.”

Also relevant, Section 564(e)(1)9A)(ii)(lll) directs the FDA to impose conditions on an Emergency Use Authorization (EUA) “designed to ensure that individuals to whom the product is administered are informed…of the option to accept or refuse administration of the product, of the consequences, if any, of refusing the administration of the product, and of the alternatives to the product that is available and of their benefits and risks.”

Paired with sturdy informed consent, individuals can make more informed decisions.

The Virginia Code also leaves an opening for action because of state legislative decisions about the use of sovereign immunity. Remarkably, the Virginia state legislature waived sovereign immunity in statute VA Code 2.2-4002 line item 22, even during an emergency. Pena explains:

“Sovereign immunity is the legal doctrine pertaining to the idea that the state, its agents or agencies, or officers cannot be sued without its consent. So you often see the state or state actors claiming sovereign immunity for everything, but there are sometimes specific exclusions.

In the case of Virginia, the state legislature waived sovereign immunity, and if they waive it, it means that you can sue the state’s agents, agencies, and officers, including during an emergency, because this is beyond the discretion of the executive branch. The whole thing about having this waiver is that they don’t care about what you do or what you think is happening. It’s about the reality of what is. And the state, at least in Virginia, does not have sovereign immunity to ignore the dangerous diseases and pathogens under 32.1-35.”


As Pena wrote in his American Foundation for Informed Consent article, “Coronavirus disease 2019 is caused by a novel coronavirus, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The spike (S) protein of SARS-CoV-2, which plays a key role in the receptor recognition and cell membrane fusion process, is composed of two subunits, S1 and S2.” Pena contends, based on his reading and research, that the S1 subunit of the spike protein is most likely one of the main “causative biologic agents or toxins of long COVID and that long COVID would not exist without it.”

The original Wuhan Alpha strain B.1.1.7 was the virus that caused the worldwide “pandemic” which brought emergency declarations that shut down much of the world for many months.

Pena’s extensive research since 2021 seems to suggest that scientists, in his words, “took the most pathogenic part of that virus, encoding it in its totality into every single vaccine on the market. The S1 subunit specifically has been provided as the therapeutic target used by pharma and big government and upon which research is based to develop the mRNA ‘vaccines.’”

“They took the S1 subunit,” he continues, “And made it a feature of the vaccine to target the virus. They somehow reasoned within themselves that vaccines made with the most pathogenic part of the virus” should be used as a vehicle to save people. However, the “vaccines” may be producing the exact opposite outcome. Notably, scientists were looking at the use of the spike protein as a “target for the development of vaccines” after the original SARS-CoV outbreak.

Scientists have also known since 2015 that vaccines for coronaviruses solely based on the spike protein were doomed to fail. Ralph Baric, a professor of epidemiology in the Department of Microbiology and Immunology at the University of North Carolina at Chapel Hill, said so

Pena’s basis for believing Long COVID is a result of the mRNA vaccines is based partly on the well-respected work of Dr. Bruce Patterson, a trained pathologist and former medical director of diagnostic virology at Stanford University’s hospitals and clinics. Pena sent a recording of a lecture given by Patterson at Georgetown to the Virginia Department of Health. Pena says, “after they reviewed it, they agreed with me that the S1 subunit is closely related to the cause of long COVID.” 

Patterson’s work on immune dysregulation is seen as “a radical paradigm shift” in the approach to Long COVID and other diseases.

This writer spoke with Pena on January 30 to discuss his current mindset. Pena says that while he didn’t win, his lawsuit unearthed other ways to force public health agencies to declare the spike protein a biological toxin and enforce informed consent. He believes the pharmaceutical companies and the public are beginning to awaken to the realities of the mRNA vaccines:

“Look at Pfizer’s press release—that came out because of Project Veritas. They have a list of unusual things that can happen. Unusual and persistent irritability, poor feeding, fatigue, lack of energy, cool pale skin. These are unusual occurrences from a virus that caused a public health threat, right? I consider those symptoms long COVID.

“I also consider all of those unusual symptoms to be directly related to the S1 subunit of the spike protein for SARS Co V2, the original one which caused the whole emergency to be called in the first place. The S1 subunit is the most pathogenic part of that virus. And it is also the cause of long COVID.

“Long COVID is seen publicly as a virus, as direct sequelae of COVID-19, which is a disease of public health threat. Long COVID is defined by the Department of Health and Human Services, our own government, as a disability. So the spike protein? Being the causative agent of Long COVID means that the spike protein necessarily causes disabilities.

For some reason, they are not allowing public disclosure of the risks. Whether they know it or not, it is a risk. It’s above 0.01% because of the S1 subunit. The vaccines use the S1 subunit as a therapeutic target in its totality. It is strange to see these vaccines used as the foundation for public health. It is strange to see our public health agencies push vaccines as something people need within their bodies in order to qualify as health.” 

One of the more terrifying thoughts shared by Pena is the possibility that our government may have known how toxic the spike protein is and decided to deploy it in the form of vaccines anyway. Pena says it is hard to believe they weren’t or aren’t “doing it on purpose.” 

Pena also believes China is not the only country at fault for the pandemic.

“Our own government,” said Pena, “is effectively spreading this super toxic process in our country. And whether it’s in cahoots with China or not doesn’t matter. They’re making an existing problem worse on purpose.” 

Pointing to the recent censorship lawsuit, Biden v. Missouri, and the Twitter files, Pena believes public health agencies and the media have, at a minimum, suppressed important information to the detriment of the public. Pena said, “it is time to use the laws available” to correct the egregious harm imposed on the American people. 

“This is the cleanest way—outside of Jesus,” continued Pena. “Fifth-generation warfare can only exist as long as their secrets are untold, and the chief secret that must be disclosed is that the S1 subunit causes long COVID. We can use that as a weapon against the entire public health establishment. I’m looking at taking the laws as they exist right now and putting them to use.” 

Pena continued: “They cannot play this misinformation, disinformation b.s. game. They cannot continue. They do not have sovereign immunity to ignore it. Doctors can help by reporting injuries and deaths. Doctors can report the S1 subunit as a causative agent for disease. We must go state by state and take them to court.”

** Readers wishing to help Anthony Pena help Americans revitalize medical freedom in the U.S. can donate here.

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