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June 01, 2021 | Judicial Watch

Judicial Scout: Michigan Documents Item $155,506 Severance Requiring Confidentiality of COVID Official

(Washington, DC) – Judicial Sentry announced today that it received 1,221 pages of records from the Michigan Department of Health and Human being Services related to the settlement understanding of Department Director Robert Gordon, which amounted to nine months' severance ($155,506), and "includes a confidentiality clause that bars Gordon or state officials from sharing further details about his deviation, 'unless required by law.'" Other records prove that Gordon warned of the "freedom crowd" in a discussion about mask mandates, and that controversial consultant Frank Luntz was consulted on COVID messaging.

Gordon was subpoenaed by the Michigan House Oversight Commission over his separation agreement, "they want to know whether he differed with the governor on a policy position and whether that data in some style led to his departure."

The records also shed low-cal on Michigan'south COVID-nineteen restrictions and lockdowns.

Judicial Watch received the records in response to a March 5, 2021, Michigan Freedom of Information Act (FOIA) request for:

1. All emails related to COVID-19, vaccines, masks, school closures, and/or business restrictions sent between former Michigan Department of Wellness and Human Services Manager Robert Gordon and the post-obit officials: Governor Gretchen Whitmer, Lt. Gov. Garlin Gilchrist, Chief Legal Counsel Mark Totten and/or Chief of Staff JoAnne Huls;
2. All emails betwixt Gov. Whitmer and Chief of Staff Huls regarding the resignation or termination of Director Gordon; and
3. All DHHS homo resources records related to the resignation/termination of employment of Robert Gordon as Director of Michigan's Department of Health and Human Services, including just non limited to separation agreements, whether in draft or last form.

Among the records received past Judicial Picket is a certificate titled "SEPARATION AGREEMENT & RELEASE Between the Land of Michigan & Robert Gordon," which reveals that although Gordon "resigned voluntarily," the settlement agreement was signed to release "all claims against Employer arising out of his employment." The agreement provides that Michigan will pay him "the sum of $155,506.05, which represents nine months of bacon and COBRA payments."

The settlement agreement as well provides that:

In the involvement of protecting deliberations amidst authorities officials, the parties agree to maintain confidentiality regarding Employee'south divergence from employment unless required by police force to release such information.

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[Gordon] is presently named as a Defendant, in both his official and private capacity, in various lawsuits currently awaiting and arising out of his appointment to and service every bit the Director of the Michigan Department of Health and Human Services.

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[Michigan] volition provide legal representation for Employee in matters relating to actions taken by Employee while in the course of his employment and while acting inside the scope of his authority."

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[I]n the event a [court] settlement is reached or judgment is entered against Employee, Employee may seek indemnification for damages awarded based upon actions taken past Employee in the course of his employment and while acting within the scope of his authority. In response to such request, Employer will non unreasonably withhold indemnification.

The new records too include data regarding Michigan's COVID-xix response.

In a June 24, 2020, email with the subject line "outdoor masks," Gordon writes:

Saw this depressing Detroit clip but now. Gov. Newsom final week issued an order requiring masks in public spaces, indoor and outdoor. We have non washed the outdoor piece. Wonder if nosotros should.

Every bit best I tin can tell, experts are nonetheless unclear on level of outdoor transmission, and lack of spike in heavy protest areas gives hope. On the other manus, the protestors largely did habiliment masks, and recent evidence on masks overall is strong.

Message would be non that nosotros desire to stop reopening, but rather that we desire to sustain it versus the scary turn in other states. Realize we will run into the "freedom" oversupply, but nosotros could even make the lodge without penalties. This is not about force of state, but about breaking through with a signal that changes norms. In fantasy globe in that location are prominent Republicans who concur to be reasonable here, similar in this video, just based on the Detroit clip, getting a diverse urban group on board would help likewise.

In an Apr v, 2020, email to Gordon and others, nether the bailiwick line, "Michigan Apex Description Importance: Loftier," Public Information Officer Lynn Sutfin reveals the Section's reliance on the assumptions of Imperial College to brand "rough projections" about COVID-19 and discloses that the Department is working with the McKinsey Group, a global consulting firm, all to back up the Governor'south lockdown orders. Additionally, she references COVIDACTNOW.ORG and IHME equally working with the Department.

In a March 21, 2020, email from Chief Medical Executive Dr. Joneigh Khaldun, Khaldun predicts that over the next two-4 weeks there will be "near vi.9 million people in Michigan who get infected across all ages (70% of population), one 1000000 of those will demand hospitalization, and 435,000 of those will require an ICU stay. A subset of the ICU cases will unfortunately die, merely I practise not have that estimate at this time." (The actual inflection and death numbers turned out to be far less.)

In a December 4, 2020, email to colleagues, Gordon forwards the results of a survey conducted of Michiganders taken from Nov 20 – December i focusing on COVID-19 vaccines and tells them there are "large challenges alee."

• There is meaning reluctance toward Covid-19 vaccine adoption, with 66% maxim they are likely to get a COVID-19 vaccine, but only 43% "very likely"
• Attitudes toward the Covid-19 vaccine vary widely past demographic group, with more men saying they are "very likely" to go the vaccine (51%) than women (35%)
• Historic period is a central gene in how probable someone is to get the vaccine, with over 62% of respondents 65+ reporting that they are "very likely" to become the vaccine (higher than younger historic period groups)
• There are also hit differences in vaccine adoption by race, with white respondents far more than likely to say they are "very likely" (47%) to become the vaccine than are black respondents (25%)

The records show that Gordon was in contact with Dr. Ezekiel (Zeke) Emmanuel, a bioethicist who served every bit Special Advisor for Health Policy at Office of Management and Budget during the Obama administration and as a member of and so-President Elect Joe Biden's Public Health Advisory Committee.

In a March 27, 2020, email, Emanuel, acting every bit an advisor to the Whitmer administration, introduces Gordon to Sacha Samotin, a principal in a company chosen Applecart, urges the State of Michigan to hire.

Admitting he has an investment in Applecart, Emanuel tells Gordon:

[Applecart] uses social media and behavioral economic techniques – prompts by people yous know – to get people to vote and do other socially positive things.

He has had some bang-up ideas about how to do that for COVID-nineteen. This might address your PR entrada problems.

In total disclosure, I have an investment in Sacha's company. But that is because it is super effective at what information technology does.

Gordon responds positively to Emanuel after Samotin reaches out to him, saying "Please give me a call." Samotin then sends Gordon a "concept memo" on Applecart and what it does. Gordon forwards the email exchange and concept paper on to Whitmer'due south chief legal counsel, Mark Totten, and others, saying, "I think the PR and advertizing partners could be key for raising our game."

The memo labeled "CONFIDENTIAL: Non FOR DISTRIBUTION," promotes Appleacart:

[A] leading NYC-based data science visitor that builds dense, accurate, and actionable maps of real-world relationships betwixt individuals using publicly available information and a proprietary Social Graph platform. Applecart's Social Graph catalogues more than 25 billion social relationships between 250M+ Americans.

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To assist in the efforts to combat COVID-nineteen, Applecart tin can use its Social Graph to generate high-value custom advertisement audiences comprised of people who take personal or professional relationships with major company executives or land and local government officials. These audiences can be targeted with either a) the latest information nigh the actions that companies and governments must accept to foreclose the spread of Coronavirus or b) negative news stories that criticize the companies and governments for their inaction, in social club to spur action.

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Applecart can work to counter the threat of harmful misinformation by generating custom audiences comprised of the personal and professional networks surrounding primal local and national reporters, editors, news producers, and other influential decision makers in media. Using these audiences, those fighting to stop the spread of Coronavirus can promote the latest public health information or pushback on widespread misinformation to the networks surrounding members of the media. This approach volition ensure the high visibility of accurate information about how to prevent the spread of virus and will counter misinformation inside the networks that environment and inform journalists. Ensuring that members of the media and those they trust are getting the latest, loftier quality information is the all-time way to ensure that the public at large receives the same.

***

Applecart tin can mine its Social Graph to assemble lists of employees of restaurants, bars, moving picture theaters, and other businesses that accept been mandated to close during the COVID-19 crisis and brand these lists bachelor to government agencies, as well as grocery stores, pharmacies, and other businesses, who may exist in demand of extra labor during a fourth dimension of extraordinary demand.

***

Applecart can mine its Social Graph to identify a list of Americans over the historic period of 65 and, for each, their closest neighbors nether the historic period of twoscore. Public and private sector actors looking to gainsay COVID-nineteen can then call or text the neighbors, in society to enlist them as volunteers to procure and deliver food and medicine to their older neighbors, while they are sheltering-in-place.

Besides on March 27, Gordon emails Governor Whitmer:

Good morning, Governor.

Just wanted to share – I talked with Josh Sharfstein from Johns Hopkins last night about what more we can exercise in low-cal of the urgent situation in and around Detroit. His advice was that while nosotros are doing the right things on surge, nosotros should not lose sight of potential more active steps on social distancing. Even small gains will assistance, even if mostly to bring down the peak sooner. Brainstormed ideas with Josh so with Zeke Emanuel, who fabricated the connection [to Applecart] below. (Aware of procurement issue and have thoughts.)

On April 12, 2020, Gordon asks Emmanuel:

What's your example for a mask mandate, fifty-fifty with DIY [do information technology yourself] masks? Is it that masks themselves reduce spread or that wearing masks changes other behavior, and is at that place prove on the latter?

Emanuel replies:

Yes probably worth it – lots of studies. Not every bit good as N95 just really does cutting downwards on droplets spread and absorption, plus reminds people f [sic] public health.

On April 14, Gordon emails Whitmer'south Chief Legal Counsel Marker Totten, Deputy Chief of Staff Zack Pohl and University of Michigan Law Professor Nick Bagley revealing the procurement issues with Applecart were overcome and Emanuel's recommended company has been hired:

Our vendor Applecart reported based on their data collection for the states that we are doing very well on our messaging on social distancing and hand washing—but not on masks. Most people don't see the need. Appears to be an aspect of social distancing where we have room for growth. And valuable both for intrinsic public health benefits (about which much written at this point) and for signaling upshot on beliefs.

Slap-up if this could exist an guild; besides meaningful would be a symbolic statement similar wearing a mask at a printing conference. Here's RI Governor today. Also could amp up MiMask challenge, which launched with a bang simply seems to me fallow right now.

On December ane, 2020, Gordon forwarded to Whitmer's primary of staff a PowerPoint summary on COVID political messaging, "Changing the COVID Conversation," put together by pollster Frank Luntz working with a company called de Beaumont Foundation, based on a survey of 1,100 Americans. They "tested specific words, sentences, phrases, and attributes Americans need to hear to change their behavior and finish the spread of the coronavirus." A significant function of the written report analyzed Democrat-vs.-Republican responses. For example, one of several "warnings" Luntz emphasized, "Many Republicans refuse to follow guidelines because they fence the scientific discipline keeps irresolute. It's up to y'all to communicate – at the first – that the science is settled."

Much of the Luntz Report deals with wordsmithing. A table in the report categorizes words as "Words to Use" and "Words to Lose." For instance, apply "protocols" and lose "orders & decrees;" use "social distancing" and lose "physical distancing." Another Luntz recommendation is to "Call It the Pandemic," based on his surveys that plant the give-and-take "pandemic" is "more significant, serious, and scary" than the alternatives "COVID-19" and "The Coronavirus."

The survey of 1,100 people, which included an "oversample of 300 African Americans," institute that there was a "chasm" betwixt Republicans and Democrats on Covid, and "In every possible way, Democrats and Republicans call up differently and human action differently." Luntz said they "tested specific words, sentences, phrases, and attributes Americans need to hear to change their beliefs and cease the spread of the coronavirus." When asked the survey question, "Which is more important to you regarding Covid-19?" survey respondents outranked "Wellness" to "Liberty" by 48% to 13%. Among African Americans, 54% responded "Health" and half dozen% said "Freedom."

Based on his findings, Luntz had a series of "insights" he offered:

Cipher scares GOPers more than an IRS audit‚ except testing positive for COVID.

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Despite vocal criticism from President Trump, President-elect Joe Biden was rewarded, not punished for "staying in his basement" for 2 months.

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There are only two trusted organizations and people – the CDC and Dr. Anthony Fauci. No one else is close. And don't forget to utilize survivors of Covid equally well. Congress too lacks credibility.

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If you want Republican buy-in, y'all must make the case that the science is settled and that everyone now agrees.

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"Say "Public," Not "Government"

An Apr ii, 2020, email exchange among top Michigan government, National Guard and state law officials shows heightened concern over the failure of Michigan to use Trump administration-approved military personnel to help respond to COVID-nineteen, while other states had already brought in thousands of troops. In ane email, Major Gen. Paul Rogers, head of the Michigan National Guard, tells his colleagues:

This is a critical need. Nosotros must act apace to request back up on behalf of Michigan. I actually thought this asking went out yesterday.

After listing states where thousands of war machine troops had been sent to other states, he notes: "Michigan has Zero!"

Gordon and so forwards the exchange on to JoAnne Huls, Whitmer's chief of staff, saying:

You should read this chain. Large Problem. Just discussing with General Rogers. Wondering if you want to intervene with MSP [Michigan State Police] this evening.

"These new Michigan documents show the ugly and cynical arroyo by Michigan country officials to COVID – who were using revenue enhancement dollars to buy secrecy and manipulate public opinion," stated Judicial Lookout man President Tom Fitton.

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Source: https://www.judicialwatch.org/mask-mandates-michigan-gordon/

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