Senator Demands Criminal Probe of RFK Jr.
Senator Demands Criminal Probe of RFK Jr.
The News
Sen. Ron Wyden is calling for a criminal investigation of Health and Human Services Secretary Robert F. Kennedy Jr., after newly obtained letters appeared to contradict what Kennedy told senators during his confirmation hearings about a 2019 trip to Samoa.
Kennedy testified that the visit had "nothing to do with vaccines." In a January 2019 letter to Samoa's prime minister, published by the Guardian, he wrote that he wanted his team to study the country's use of the measles, mumps and rubella vaccine — using the words "vaccine" or "vaccination" eight times.
HHS says the accusation is false. A department spokesman said Kennedy's visit "was unrelated to vaccines" and that any claim based on the letters that he lied to Congress is "not only false but outright defamatory."
Timeline
Two young children in Samoa die after being given an improperly mixed MMR vaccine. Two nurses are later charged and plead guilty to manslaughter. Samoa halts all vaccinations for 10 months.
Kennedy, then chairman and chief legal counsel of the anti-vaccine group Children's Health Defense, writes to then-Prime Minister Tuilaepa Sailele Malielegaoi proposing a "detailed health informatics assessment" of what happened with Samoa's MMR vaccines, according to the letter obtained by the Guardian and the Associated Press.
The prime minister replies that Samoa "could benefit" from the group's independent assessment of its MMR vaccines and welcomes the proposed visit.
Vaccinations resume. Samoa's top health official has publicly said human error, not a vaccine problem, killed the two children.
Kennedy travels to Samoa with his colleague Dr. Michael Graven and his wife, actress Cheryl Hines. A May email from Graven to Samoan officials described the team as traveling on a vaccine-related "mission," the Guardian reported.
A measles outbreak sickens thousands in Samoa and kills 83 people, most of them children under five.
At two Senate confirmation hearings, Kennedy tells Wyden: "I went there, nothing to do with vaccines. I went there to introduce a medical informatics system that would digitalize records in Samoa." He tells Sen. Ed Markey the next day: "My purpose in going down there had nothing to do with vaccines." The Senate confirms him 52-48.
The Guardian and AP publish the letters, obtained through a Freedom of Information Act lawsuit. Wyden calls for a criminal referral; the watchdog group American Oversight asks the Justice Department to open an investigation into whether Kennedy made false statements to Congress.
Reactions
Wyden, the top Democrat on the Senate Finance Committee, said in a statement to the Guardian: "RFK's platform is built on lies and grifts that leave a trail of dead children in their wake. There are consequences for lying to Congress." He said he would press Senate Republicans, who hold the majority, to send a criminal referral to the Justice Department, and that if Democrats retake the chamber, "RFK will be at the top of the list of Trump officials the finance committee will hold accountable."
Markey said the records show Kennedy's answer was false. "This is a pattern, not a slip," he said. "RFK Jr has lied to the Senate, lied to the American people and jeopardized the health of children to advance his anti-vaccine agenda."
Sen. Angela Alsobrooks of Maryland, a member of the health committee that oversees the department, repeated her call for Kennedy to resign or be fired. Hawaii Gov. Josh Green, a physician who traveled to Samoa during the 2019 outbreak, said Kennedy "misled Congress about his intentions in Samoa" and should resign immediately.
HHS did not answer the Guardian's question about the contradiction between Kennedy's testimony and his letter, and the White House did not respond to a request for comment, the paper reported.
What's Next
Any prosecution would have to come from President Trump's Justice Department. "Lying to Congress is a crime, whether or not the witness is under oath," Georgetown law professor Josh Chafetz told the Guardian, "but this would require the executive branch to prosecute, and Trump's DOJ is unlikely to do so."
Attorneys who specialize in Senate procedure told the Guardian that if Democrats win the House or Senate in November, Kennedy's statements could become grounds for hearings, an impeachment inquiry, or other roadblocks for the administration. The federal statute of limitations for lying to Congress is five years, meaning a Justice Department under the next president could still take up the case in 2029.
More
Kennedy was not under oath at either confirmation hearing. Wyden's staff said that does not matter, because it is a crime to lie during a confirmation hearing either way.
Kennedy has himself floated criminal exposure for a congressional witness: last month he suggested former health official Dr. Anthony Fauci could face perjury charges over his Senate testimony on COVID-19.
In a 2021 blog post on the Children's Health Defense website, Kennedy wrote that he went to Samoa for an Independence Day celebration and to discuss introducing a medical informatics system, and said Samoan officials "were curious to measure health outcomes following the 'natural experiment' created by the national respite from vaccines."
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