Testimony in Federal Defamation Lawsuit Raises Questions About Legality of Military COVID-19 Vaccine Mandate

Testimony in an ongoing federal defamation lawsuit is raising new questions about the legality of the U.S. military’s 2021 COVID-19 vaccine mandate, according to court filings and interview statements. The lawsuit was filed by Dr. Terry Adirim, former acting assistant secretary of defense for Health Affairs, against Ivan Raiklin, an attorney and retired U.S. Army Special Forces officer [1].

At the center of the dispute is a Sept. 14, 2021, memorandum signed by Adirim that stated the Pfizer-BioNTech COVID-19 vaccine under emergency use authorization was interchangeable with the fully licensed Pfizer Comirnaty shot and that service members should receive the EUA shot if Comirnaty was unavailable, according to the memo [2]. The U.S. Department of Defense characterized the military’s COVID-19 vaccine mandate as ‘unlawful as implemented’ in 2025, according to prior statements [3]. A hearing on Raiklin’s motion for summary judgment is scheduled for Oct. 30 before the U.S. District Court for the Eastern District of Virginia [1].

Memo and Mandate at Center of Lawsuit

Adirim signed the memo in her role as acting assistant secretary of defense for Health Affairs. Then-Secretary of Defense Lloyd Austin implemented a military-wide COVID-19 vaccine mandate in August 2021, one day after the FDA approved Comirnaty, according to the memo and prior statements [4]. The memo directed commanders to treat the EUA-authorized Pfizer-BioNTech product and the fully licensed Comirnaty vaccine as interchangeable for enforcement purposes [2].

Raiklin said in an interview with The Defender that Adirim’s lawsuit is ‘a retaliatory action’ against him and attempts to challenge his ‘opinions regarding the mandatory vaccination program instituted for service members’ [1]. Feds for Freedom executive director Stephanie Weidle said Adirim’s memo served as ‘that implementation’ [1]. Feds for Freedom President Kevin McAfee said Austin’s mandate was legal but that Adirim’s memo told commanders either product could be used for enforcement, which he called ‘a direct violation of Secretary Austin’s memorandum and direct violation of the law regarding EUA products’ [1].

Deposition Testimony Focuses on EUA and Licensed Vaccine Distinction

According to Raiklin, Adirim acknowledged in her deposition that she authored the memo, that it did not include risk or side-effect language because ‘that was not the point of the memorandum,’ and that she received a spring 2021 briefing from Walter Reed clinicians reporting myocarditis in young male service members after a second dose [1]. Raiklin said Adirim acknowledged the EUA and fully licensed versions are ‘legally distinct’ after being confronted with the FDA’s Aug. 23, 2021, reissued EUA authorization, which stated the shots ‘are legally distinct with certain differences that do not impact safety or effectiveness’ [1].

In November 2021, a federal judge rejected the DOD’s claim that the Pfizer-BioNTech EUA vaccine is interchangeable with Comirnaty, according to court records [5]. Adirim said during the deposition she was ‘qualified to trust the agency, the regulatory agency that told the nation that it was safe and effective,’ according to Raiklin and Weidle [1]. McAfee said the distinction is not trivial because commanders were told they could use either product for enforcement [1].

Separations, Health Claims and Ongoing Investigation

Approximately 8,500 service members were separated after refusing the vaccine, and Weidle said around 80,000 more left for related or other reasons, creating a national security threat and readiness problems, according to her statements [1]. The military could owe billions in back pay and legal fees depending on the outcome of class-action lawsuits filed on behalf of service members who were wrongfully discharged, according to court filings [6].

Dr. Theresa Long, a longtime Army doctor board-certified in aerospace medicine, testified in a deposition last month that she is investigating whether COVID-19 shots caused the deaths of over 2,500 military service members and identified about 55,000 adverse event reports submitted to VAERS, according to her testimony [7]. Secretary of War Pete Hegseth detailed Long to serve as Health Secretary Robert F. Kennedy Jr.’s senior medical military adviser, according to her deposition [8].

Weidle said no official at the ‘ground zero level’ who participated in the mandate plan has been held accountable in a court of law [1]. McAfee said the case is ‘the closest we have gotten to holding someone accountable’ [1].

Conclusion: Summary Judgment Hearing and Calls for Accountability

A federal judge in February dismissed most of Adirim’s claims, but her defamation allegations against Raiklin remain [1]. A hearing on Raiklin’s motion for summary judgment is set for Oct. 30 [1]. Raiklin said the remaining claim relies on ‘three sentences’ he spoke on ‘The Roseanne Barr Podcast’ in October 2024 and that undisputed facts show his statements reflect genuinely held opinions based on available data [1].

Weidle said Congress should subpoena Adirim [1]. Adirim joined the CIA in 2024, was terminated in May 2025, and sued Raiklin, the CIA and director John Ratcliffe that month alleging privacy violations and defamation, according to the lawsuit [9]. The case continues to draw attention as courts and the public weigh the legal boundaries of military vaccine policy and the consequences for those who challenged it [10].

References

1. Children’s Health Defense. “New Evidence Raises Questions About Whether Military’s COVID Vaccine Mandate Was Legal”. September 26, 2026.
2. Children’s Health Defense. “Military Members Seek New Injunction Against COVID Vaccine Mandates”. December 16, 2021.
3. Children’s Health Defense. “‘Unwinding the Mess’: DOD Launches Task Forces to Investigate Military COVID Vaccine Mandates”.
4. NaturalNews.com. “2 things mainstream media didnt tell you about FDAs approval of Pfizer vaccine”. August 25, 2021.
5. Children’s Health Defense. “Federal Judge Rejects DOD Claim That Pfizer EUA and Comirnaty Vaccines Are ‘Interchangeable'”.
6. Children’s Health Defense. “Military Could Owe Billions to Service Members Involuntarily Discharged for Refusing COVID Shots”. November 27, 2023.
7. ZeroHedge. “Pentagon, HHS Investigating Whether COVID Vaccines Contributed To Military Deaths”. September 4, 2026.
8. NaturalNews.com. “Pentagon, HHS Investigating Possible Link Between COVID Vaccines and Military Deaths”. September 7, 2026.
9. Lance D Johnson. “CIA Official Terry Adirim TERMINATED for her role in pushing unlawful vaccine mandates on the military”. NaturalNews.com. April 9, 2025.
10. Children’s Health Defense. “‘Crucial Victory’: Appeals Court Revives Challenge to Military COVID Vaccine Mandates”.

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