Should Trump return to @WhiteHouse? Yes, but only if he is fully cleared by Walter Reed treating physicians to return home. He should not leave against medical advice even if his own personal physician approves it. Why? See my thread. 1/X
The president should follow the advice treating physicians at Walter Reed because they are independent & experienced. The president's physicians, as we have seen, feel under pressure to present an "upbeat" picture even if unwarranted by clinical facts. It wouldn't be safe.
If the president returns to the @WhiteHouse he must self-isolate. @CDCgov recs isolation at least 10 days since symptoms first appeared & 24 hours w/o fever. Because Mr Trump was hospitalized & needed oxygen, he may need to isolate up to 20 days.
The @WhiteHouse has likely had a superspreader event. I know of no other center of power globally which has had such an event. It was a breach of public duty. We can't let this happen again.
If the president self-isolates, it must be strict. He cannot have visitors or see staff or family. Food should be left outside the door. He must not put others at risk until he is clearly not infectious. It may not be politically advantageous, but health & life come first.
The norms of safe behavior apply to everyone. That is a core American value. There cannot be one set of rules for the president & another for the rest of us. Mr. Trump owes a sacred duty to protect himself, protect his family & staff, & to model the safest behavior for the public

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More from @LawrenceGostin

7 Oct
Having worked w/ @CDCgov & ph law for 30 years, I'm deeply concerned that @CDCgov & @DistrictofC ph are being pushed aside in investigating major #COVID19 clusters at the @WhiteHouse. The @WhiteHouse is a public health & ethics free zone. It is lawless. Why? See this thread 1/X Image
Let's start w/ an analogy that seems over the top. Suppose the president assaulted a staffer in the @WhiteHouse. DC law enforcement doesn't have jurisdiction. What if @POTUS directed @FBI to stand down? Lawlessness, right? But that's not the same as #COVID transmission. Wrong!
Knowingly exposing others to #SARSCoV2 w/ ongoing transmission would produce even greater harm. @CDCgov has core expertise to trace contacts, find patient zero, save lives. But @POTUS freezes CDC out. Stand down. DC health can't protect the public b/c it can't access @WhiteHouse
Read 10 tweets
6 Oct
Trump physicians are citing HIPAA Privacy Rule for w/holding key med info. Wrong on many levels. Yes, HIPAA could legally apply. But here's 3 major reasons why HIPAA cannot justify utter failure to be honest & transparent on the presiden'ts health. Image
1) The president is the chief executive w/ const'l duties. His health impacts our national security. The public has the right to know his condition honestly & in full. Right now we are being kept in the dark about key facts concerning his health & ability to govern.
2) HIPPA has a ph exception b/c ph officials need medical info to protect the public. PH agencies need to know when he tested #SarsCoV2 positive, when he was (or still is) infectious. They must know with whom he's been in contact. All needed for tracing, quarantine & isolation.
Read 4 tweets
7 Jul
Thread explains why US w/drawal from @WHO is unlawful & unethical, among most ruinous presidential decisions in history. It will weaken US health & security in midst of a historic #COVID19 pandemic. That's why we sent a letter to Congress urging action:

oneill.law.georgetown.edu/letter-to-cong… Image
Let's start w/ fact that @SecPompeo sent letter to @UN w/o first notifying @WHO or Congress. They weren't informed until a day later. No press briefing or media scrutiny. This lack of transparency & accountability is exactly the unfounded charge @POTUS made against @tedros.
Trump cannot unilaterally w/draw from @WHO w/o Congress. My article w/ @HongjuKoh explains why:

foreignaffairs.com/articles/world…

US entered WHO under Joint Congressional resolution. @POTUS can't w/draw w/o consent of Congress. US also owes all past & current @WHO dues through July 2021.
Read 5 tweets
29 May
Why @POTUS threat to w/draw from @WHO is unlawful, reckless, and dangerous. See this thread 1X
Trump has no power to w/draw from @WHO unilaterally w/o Congress consent. US spearheaded WHO as 1st @UN agency. US ratified WHO Constitution. US also a party to IHR. IHR governs pandemic response. @POTUS cannot at a whim end treaty obligations w/o violating Const & Rule of Law 2X
Trump swore an oath to faithfully execute law of the land. Congress already funded @WHO. @POTUS has a duty to execute duly made laws incl spending bills. He can do great damage: obstruct, disrupt, delay. But his const'l duty is clear. He must fund @WHO as Congress provided 3X
Read 8 tweets
28 Mar
Does @POTUS have legal power, as he claims, to #Quarantine NY, NJ & CT? This thread explains who has that power, whether a ban on travel between states is a good ph strategy for #Covid_19, & how such a mass cordon sanitaire could be enforced. 1/5
Re #Quarantining NY, NJ, CT is legal, effective & enforceable. 2/5

Conclusions:

@POTUS & governors both lack legal power to shutter a state
★ Mass quarantines are ineffective ph strategy
★ Patrolling state borders not feasible, contrary to US const'l & ethical values
3/5 Congress has exclusive power to reg interstate commerce (Art 1, s8, cl 3) Cong could restrict travel among states, but @POTUS cannot w/o statutory authority. @CDCgov (42 CFR § 70.2) can't ban interstate travel. Governors also have no power to stop exit/entry from their state
Read 5 tweets
20 Mar
Language re #covid law, ethics, policy is wooly/confusing. What is #SocialDistancing Mass #Quarantine #Lockdown? We can't possibly balance PH & HRs w/o knowing exactly the intervention. This thread explains what policies are ethical & lawful, & those that are troublesome.
I've worked in PH Law since #AIDS

amazon.com/Public-Health-…

Following is lawful/ethical w/ individualized risk assess based on sci:
❖ Isolation: positive #SARSCoV2 test
❖ Quarantine: known exposed
❖ Close venues posing sig risk of spread (schools, businesses, mass gatherings)
These actions stretch law/ethics, no clear precedent in modern con law:
❖Cordon sanitaire of large area (incorrectly termed "lockdown")
❖So-called "Mass Quarantine" of large venue (nursing home, cruise ship, apartment block)
❖Draconian enforcement: armed guards, intrusive surv
Read 8 tweets

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