UMVA has learned that a veteran airline pilot, Captain Bahig Saliba, claims he faced retaliation for speaking out against COVID-19 vaccination policies, which he believes threatened personal liberties and aviation safety.
With over 27 years of experience at American Airlines, Saliba opposed the airline's policies and practices during the pandemic, leading him to take legal action against the airline and the Federal Aviation Administration (FAA) in 2022.
Saliba alleges that the retaliation took many forms, including an unjustified demand for a fitness-for-duty examination, despite his impeccable record.
According to Saliba, federal agencies like the FAA must follow the Administrative Procedures Act (APA), but they often abuse their discretion in rule-making and decision-making.
Saliba points out that the FAA's Federal Air Surgeon, Dr. Susan Northrup, has significant authority over medical certification for pilots and air traffic controllers, including the power to approve or prohibit medication.
The medical certification process is not just a routine physical checkup, but a complex legal process governed by Title 18 of the United States Code, which relies on pilots' honest health declarations.
Saliba raises a critical question: can a coerced medical treatment lead to a coerced and false declaration by the pilot, compromising aviation safety?
He argues that the COVID-19 vaccines' known side effects, such as blood clotting and heart complications, could ground pilots and lead them to hide their conditions to avoid losing their medical certification and livelihood.
Historically, the FAA has been cautious in approving new medications, requiring at least 12 months of full FDA approval before use.
However, in the case of Emergency Use Authorization (EUA) drugs, the FAA granted immediate approval, sparking concerns about safety and the deviation from standard procedures.
Saliba reveals that Dr. Northrup disclosed the true reason for the EUA authorization: to attain herd immunity, a goal that Saliba claims is beyond the FAA's authority.
In fact, Saliba argues that the FAA's role is to prioritize safety, not to pursue public health goals like herd immunity, making the EUA authorization unlawful.
A court ruling that finds the FAA exceeded its authority could have far-reaching consequences, including striking down the EUA authorization and impacting the airline industry, air traffic controllers, and the military.
Saliba has also filed an FAA safety complaint and a Mandamus lawsuit against the FAA, seeking to compel the agency to investigate and take action.
Ultimately, Saliba hopes that his efforts will allow injured pilots and air traffic controllers to find remedy and vindicate those who refused to use the EUA drugs.
