Unfit For Duty

Attorney General Josh Kaul has taken the position that he will not enforce Wisconsin statute 940.04, a Class E Felony for destroying the life of an unborn child.  Not only is this a clear violation of his oath of office, but he is also wasting the resources of the citizens of Wisconsin by engaging in litigation to challenge the law in Dane County Circuit Court. 

Kaul is incapable of critical thinking and his argument is based on the leftist mantra of “reproductive rights”, a contrived slogan to perpetuate the pro-death agenda.   If Josh Kaul truly believes this notion of “medical freedom”, why did he actively persecute Wisconsin Department of Justice employees who opted out of the draconian COVID measures implemented by Department of Administration in August of 2021?

I have firsthand experience with the bullying tactics of Josh Kaul and Deputy Attorney General Eric Wilson.  The original directive issued by DOA Administrator Joel Brennan mandated that all Wisconsin Executive Branch employees declare the COVID vaccine status by early October of 2021.  This is a violation of the federal HIPAA statute (Title 42 USC 1320-d).  The only guidance provided to Human Resources was that any employee who refuses to comply “may be subject to discipline”. 

I simply ignored the mandate and the deadline passed.  A new order was issued about a week after the vaccine status deadline had passed.  Any executive branch employee who was unvaccinated or did not report their vaccination status was mandated to submit to weekly COVID testing regardless of symptoms.  This was another violation of federal law, specifically, Title 21 USC 360bbb (Authorization for medical products for Use in Emergencies).  The testing kits were never approved by the FDA and were under an Emergency Use Authorization.  Informed consent is required and the state was obligated to notify employees of the right to opt out.  The statute is a direct result of the Nuremburg Code, yet the state of Wisconsin openly violated the law by threatening employees to comply or face consequences. 

I received reminder e-mails nearly every day to submit my vaccine status and the test kits.  I communicated to Human Resources that I had no intention on complying and inquired about the possible discipline I might be facing.  My questions were left unanswered, both from DOJ HR and DOA.  The second deadline passed and I was notified that my non-compliance would result in a disciplinary process.  I was subject to two hearings, an investigative hearing and a pre-disciplinary hearing.  The hearings were devoid of due process and I was found guilty of three work place violations.  I requested the copies of the documentation used against me and was denied Discovery. 

I was found “Unfit for Duty” despite no changes in my health and prevented from performing in person duties for my job.  In December of 2021, I filed a discrimination complaint with the Wisconsin Department of Workforce Development against DOJ based on the prohibition on discriminating against any person based on the “use or non-use of a lawful product”.  I filed an amended complaint in January of 2022 based on the prohibition on requiring genetic testing as a condition of employment.  DOJ was requiring employees to surrender their privacy rights in their DNA by submitting the kits to Fulgent Technologies who was under no obligation to destroy the samples. 

DOJ was provided an opportunity to mediate my complaint.  The Attorney General opted to waste taxpayer resources by assigning two attorneys to file briefs to rebut my claims.  Instead of doing the work of the Wisconsin citizens, the AG decided to direct the full force of the Wisconsin Department of Justice against an employee who had the audacity to invoke his right to medical freedom and privacy. 

DWD ruled against me and in favor of the DOJ in February of 2022.  DWD is not a neutral party in this matter considering that the agency is part of the Wisconsin Executive Branch.  The justification for the policy of providing vaccine status and weekly testing was to protect Wisconsin employees against the spread of COVID-19.  The policy was not rationally related to a legitimate government interest.  Legislative branch and judicial branch employees were exempted from the policy.  Furthermore, if the policy was intended on preventing the spread of COVID-19, all employees regardless of their vaccine status should have been required for weekly testing since the vaccine does not prevent transmission. 

In March of 2022, I received a letter of reprimand.  The only reason I was allowed to return to my job was the lifting of the mask and testing mandates. 

In December of 2022, I filed an Open Records request for the vaccination status of Josh Kaul and Eric Wilson since they never publicly declared their status.  The Office of Open Government responded to my request that I was not entitled to that information since it is protected by HIPAA. The hypocrisy is on full display and it is clear there is a double standard.  Rank and file employees were told by DOA that HIPAA only applies to health care providers, insurance companies and related businesses.  There was no right to privacy and employers were within their rights to demand the vaccination status of their employees.  The public is Josh Kaul’s employer.

It is ironic that the Attorney General, who swears an oath to the Constitution of Wisconsin and the United States has declared himself “above the law”.  He has not been held accountable for his lawless actions.  There is nothing to stop drastic infringements on our liberty for the next “crisis”. 

Attorney General Josh Kaul is “unfit for duty” not those of us who chose to decline unlawful policies against our individual sovereignty.  His litigation against the protection of innocent life is diabolical and against the will of the majority of Wisconsin citizens. 

Jerry Mullen
Compliance Officer for Wisconsin DOJ Training and Standards Bureau

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