Many people are now questioning how we dealt with the pandemic

Andrew Napolitano is a former New Jersey Superior Court judge who has authored nine books on legal and political topics, is a syndicated columnist with Creators Syndicate, Inc., and senior judicial analyst for the Fox News Channel. A recent column titled “I have a great many questions, but what are the answers?” gives us a lot to consider.

Here are some questions to think about:

* What if the government has it wrong — on the medicine and the law?

* What if face masks can't stop the COVID-19 virus?

* What if quarantining the healthy makes no medical sense, and if staying at home for months reduces immunity?

* What if more people have been infected with the virus in their homes than outside them?

* What if the government wants to stoke fear in the populace because mass fear produces mass compliance?

* What if individual fear reduces individual immunity, and if a “healthy immunity” gets stronger when challenged, and a “pampered immunity” gets weaker when challenged?

* What if we all pass germs and viruses — that we don't even know we have — on to others all the time, but their immune systems repel what we pass on to them?

* What if we never elected a government to keep us free from all viruses, but we did elect it to keep us free from all tyrants?

* What if the government — which can't deliver the mail, fill potholes, stop robocalls, or spend within its income — is the last entity on earth into whose hands we would voluntarily repose our health for safekeeping?

Have we not all seen at least a few actions by government officials and police that cause us to question what is really happening?

Here are a few examples of over-the-top state and local government actions:

* Michigan took away the business license of a 77-year-old barber who, after two months of being shut down, opened his business so he could feed his family. In addition, the state may possibly fine him $1,000 a day and jail him.

* A woman at a New York City subway station was roughly subdued by several police officers, handcuffed in front of her toddler, and hauled away to jail. What was her crime? Robbery? Assault? Insulting Mayor De Blasio or Governor Cuomo? Not wearing a mask in public? “No,” to all of those. She was wearing a mask, just not wearing it “properly,” according to New York’s Finest.

* A woman in Miami was sitting alone on a deserted beach when police officers approached and arrested her. Her crime? Sitting on a beach holding a sign that read, “We Are Free.”

* Businesses in some states and cities — Pennsylvania; Fresno, California; Castle Rock, Colorado, to name just three — have had their business licenses revoked, and/or fines imposed, and sometimes patrons jailed for opening against their rulers’ commands.

* A high school student in Marquette County, Wisconsin who had a scare with COVID-19 posted about her experience on Instagram, and a few days later, a deputy sheriff showed up at her home and demanded that she remove her post or be cited for disorderly conduct, arrested, and jailed.

God Bless America, the land of the free!

More of Napolitano’s questions:

* What if the government gave itself the power to interfere with our personal choices?

* What if that self-imposed power violates the basic constitutional principle that the government derives its powers from the consent of the governed?

Once again, that adage offered by former President Barack Obama’s wingman, Rahm Emanuel, who took it from the Saul Alinski playbook, comes to our attention: “Never let a good crisis go to waste.”

A crisis presents an opportunity; a chance to get something done. It may be something good, or it may be something bad. During this pandemic it has been used as an opportunity to assert control over people, an opportunity gladly utilized by far too many governors and mayors.

Some of the restrictions imposed may have been done with the best of intentions, but with far less than the best of common sense. Broad one-size-fits-all restrictions imposed on the entire nation and some states that have dramatic regional differences, are foolish and harmful.

Like Virginia, for example. What is needed or works best for Richmond, the DC area and Tidewater may be wrong for southwest Virginia. And as demonstrated by the governors of Florida and Georgia, not all states need the same treatment as New York, California and New Jersey.

Other restrictions seem to have been done with a political goal in mind. “Do as I say, because I said so,” is the dominant attitude, and some guidelines are backed up by arrests, fines and jail time. These authoritarian officials arrogantly thumb their nose at their constituents and trample on the individual freedom principles upon which the United States of America was established.

People are tiring of being controlled when the controls are worse than that which spawned them. They are ready to go back to work, to enjoy life, even if that means continuing some of the guidelines imposed on them weeks ago, but now doing it voluntarily.

A broad, reality-based COVID-19 perspective is desperately needed

Stipulated: COVID-19 is a serious disease. If you get it, you may be in for a few horrible weeks of fighting it. And, you may lose your life.

This coronavirus sneaked out of China, and caught the world by surprise. Very little was known about it, and dealing with it was difficult.

The warnings from scientists about becoming infected were horrifying. Which explains why such drastic actions by federal, state and local officials were so readily obeyed. At first.

As of Sunday, nearly 90,000 Americans had died from it, and about 1.5 million Americans were known to have been infected with the disease. But there are some problems with these numbers.

We really don’t know how many have actually been infected, because many infected people don’t have symptoms, or have mild symptoms, and are not tested. If they aren’t tested, nobody knows they have the virus. An article in Forbes magazine cited a study by a team at Kyoto University estimating that nearly 18 percent of those with the virus had no symptoms. We have learned the percentage of persons tested that have a positive result is about 13 percent.

If testing shows that 1.5 million Americans have the active virus, applying the Kyoto study’s data to that figure means that approximately 1.8 million actually have been infected. Two hundred thousand to three hundred thousand people were going about their business, never knowing they were infected, and could have been infecting others.

The number of people who actually die from it is also uncertain. That’s because if a person passes away and has been infected, the mandated conclusion often is that they died of COVID-19. There is no distinction between whether someone died “because of” the virus, or merely “with” the virus.

Factcheck.org noted in an analysis that “The CDC guidance says that officials should report deaths in which the patient tested positive for COVID-19 — or, if a test isn’t available, ‘if the circumstances are compelling within a reasonable degree of certainty.’ It further indicates that if a ‘definite diagnosis of COVID–19 cannot be made, but it is suspected or likely (e.g., the circumstances are compelling within a reasonable degree of certainty), it is acceptable to report COVID-19 on a death certificate as probable or presumed.'”

So, if someone has pneumonia or is run over by a beer truck and dies, and they test positive for the virus, they may be recorded as having died of the virus, whether that was the primary cause of death or not.

In dire situations like this pandemic, a reasoned perspective is needed, but is very difficult to develop. We certainly do not want to make too little of the coronavirus, putting Americans needlessly at risk. But we also must not make too much of it by needlessly continuing the heavy economic and social restrictions, and the damage they produce. It is a narrow line to walk.

On May 17 there were 1,507,829 active cases. Of those, 89,589 had died and 275,560 had recovered. For active cases, death occurred for 6 percent, while 18 percent recovered. No information is provided about the other million-plus who tested positive.

USA Today reported earlier this month, “Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, testified to Congress in March that the mortality rate may be as low as 1.0 percent when accounting for people who are infected but don’t develop symptoms severe enough to be tested.”

Some perspective on causes of death in 2018, from the CDC:

Heart disease: 647,457; Cancer: 599,108; Accidents (unintentional injuries): 169,936; Chronic lower respiratory diseases: 160,201; Stroke (cerebrovascular diseases): 146,383; Alzheimer’s disease: 121,404; Diabetes: 83,564; Influenza and pneumonia: 55,672; Nephritis, nephrotic syndrome, and nephrosis: 50,633; Intentional self-harm (suicide): 47,173.

Available information indicates that unless you are elderly or have some sort of pre-existing health issue, you have a very good chance of surviving COVID-19.

Fauci, who is President Donald Trump's coronavirus expert, stated at a coronavirus task force meeting, “I've looked at all the models, I've spent a lot of time on the models. They don't tell you anything. You can't really rely upon models," according to The Washington Post.

Yet inaccurate models were utilized in developing the measures that health officials said should be implemented to limit the impact of the virus, and a one-size-fits-all list of restrictions was imposed on the nation.

As time passed, while New York, New Jersey and a few other states were hit hard, several states were barely affected. Alaska, Montana, Hawaii, Wyoming and Vermont had fewer than 1,000 cases and fewer than 100 deaths. Eight other states reported more than 1,000 cases, but also fewer than 100 deaths. The harsh restrictions in these states may have done more harm than good.

As more time has passed, some states have relaxed restrictions, allowing a slow, careful reopening to occur. Georgia and Florida have drawn criticism for their re-opening actions, but have shown declining cases, so far.

Abandoning the one-size-fits-all approach and treating areas according to their actual disease level is a sensible way to start getting the economy re-started. That is a very important step.

Coronavirus developments: radical restrictions, and a new wrinkle

There is a lot of concern about the on-going restrictions on activities to prevent spreading the coronavirus.

National, state and local leaders must walk a fine line between restrictions for safety and not infringing unnecessarily on their citizens’ freedoms. People are beginning to object to some of the restrictions. And a look at the things some state and local governments are doing reveals just how far over the line some have gone.

One episode in Baltimore reportedly appeared to be a drug raid, as police surrounded the building. It was Sunday, and the building was a church, in which fewer than 10 people had gathered, appropriately spaced, as per instructions. In fact, there were more police present than worshipers.

At a drive-in service in Mississippi, attendees were fined $500, even though they did not leave their cars. And in Kentucky on Easter weekend, police were dispatched to churches to record the license numbers of cars in the parking lots. Three Massachusetts men were arrested, and faced the possibility of 90 days in jail, for crossing state lines and … playing golf.

In some states, citizens are urged to snitch on their neighbors who do not obey the strict stay-at-home edicts. Hardened criminals are being released from prison so they won’t catch the virus, while stores that sell guns to people for their protection are closed. However, pot and booze stores remain open.

In Brighton, Colorado, a family was in an empty park, with the father and daughter playing softball, when police showed up. Officers alleged that the father and daughter had violated the social distancing guidelines. But none of the officers obeyed the social distancing rules they were enforcing.

The father, believing he had done nothing wrong, refused to show the police his ID, and was summarily handcuffed right in front of his wife and daughter and put in the back seat of a police car. Later, the father said, “During the contact, none of the officers had masks on, none of them had gloves on, and they’re in my face handcuffing me, they’re touching me.”

He was released from custody after several minutes, and later was issued an apology from the City. Better late than never.

Not all restrictions are so wildly radical, but citizens in at least six states have started protests over what they see as unreasonable restrictions.

Michigan bans “all public and private gatherings,” but still allows in-person lottery sales. Residents and citizens who own homes in the state in addition to their primary residence may not access their second homes.

A Facebook post declared, “Dope stores? Open. Abortion clinics? Open. Churches? Shut down. Local businesses? Going broke!” At a large protest rally in the Michigan state capitol, protesters carried signs that read, “tyranny worse than the virus” and “honk if you love liberty.”

People in stores that sell both food and other materials were able to buy food, but were prohibited from buying other products, such as hardware supplies and gardening seeds, which were deemed “non-essential.”

Michigan House speaker, Lee Chatfield, posted on Twitter: “Non-essential in Michigan: Lawn care, construction, fishing if boating with a motor, realtors, buying seeds, home improvement equipment and gardening supplies. Essential in Michigan: Marijuana, lottery and alcohol. Let’s be safe and reasonable. Right now, we’re not!”

In too many cases, efforts at imposing safe behaviors have turned into authoritarian malfeasance.

As the struggles against COVID-19 continue, a professor at Tel Aviv University has discovered a new feature of the virus. Professor Yitzhak Ben Israel has determined from analyzing data from nine countries where the virus infected thousands — U.S., U.K., Sweden, Italy, Israel, Switzerland, France, Germany, and Spain —that regardless of how the country reacted to the virus, all countries experienced common infection patterns.

“His graphs show that all countries experienced seemingly identical coronavirus infection patterns, with the number of infected peaking in the sixth week and rapidly subsiding by the eighth week,” the Townhall.com story reported.

“There is a decline in the number of infections even [in countries] without closures, and it is similar to the countries with closures,” Ben Israel stated in his report.

Addressing Israel’s extremely strict quarantine and closure restrictions, he told the Israeli news agency Mako, “I think it's mass hysteria. I have no other way to describe it. 4,500 people die each year from the flu in Israel because of complications, so close the country because of that? No. I don't see a reason to do it because of a lower-risk epidemic.” 

The US response is less drastic than Israel’s response. But if the professor’s conclusion is correct, the US also has over-reacted, and is still doing so. The frighteningly high predictions of deaths and infections in the models followed by the administration’s virus task force have been greatly lowered. But the restrictions based on those incorrect models remain in place.

Each day those restrictions are in place, our economy incurs further damage, more businesses are on the edge of permanent closure, and people suffer even more of the dangers of isolation, including death.

We need to begin restoring normalcy to the country, and in doing so we must use common sense and practice responsible socializing.