Affidavit of Kathleen Breault in Support of Motion to Dismiss — No. 1:23-cr-00158 (Dkt. 30-2, E.D.N.Y.)

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An affidavit by defendant Kathleen Breault filed October 11, 2023 as Document 30-2 in United States v. Kathleen Breault and Kelly McDermott, Cr. No. 23-CR-158, in the U.S. District Court for the Eastern District of New York, in support of Breault's motion to dismiss the Indictment. The affidavit describes Breault's training as a nurse and midwife and the home-birth practice Safe Passage Midwifery, started in 2009. It states that Breault was not "a provider" under the federal vaccination program, either the CDC program or the NYS DOH program, as the Indictment claims. The affidavit was sworn in October 2023 before a notary public.

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Case 1:23-cr-00158-RPK Document 30-2 Filed 10/11/23 Page 1 of 4 PagelD #: 136

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

x

UNITED STATES OF AMERICA,

Cr. No. 23-CR-158 (ARR)(TAM)

-against-

KATHLEEN BREAULT and AFFIDAVIT OF KATHLEEN
KELLY McDERMOTT, BREAULT IN SUPPORT OF

MOTION TO DISMISS

Defendants. INDICTMENT
x

STATE OF NEW YORK.)
) ss:
COUNTY OF )

KATHLEEN BREAULT, of full age, being duly sworn, deposes and says:

1. Iam one of the defendants in the above-captioned criminal action.

2. I make this affidavit in support of my motion seeking dismissal of the

Indictment against me.

3. I graduated from Maria College in 1978 with an Associate Degree in Applied
Science in Nursing. I received my Certificate in Midwifery from SUNY Downstate,
Brookly, in 1993. I worked as a nurse from 1980 to 1992. From 1993 to 2009, I worked
as a Hospital Midwife in several upstate New York hospitals, as well as in Bennington,
Vermont. In 2009, I started a home-birth practice —Safe Passage Midwifery — and
practiced throughout Upstate New York. In 2011-2012, | assisted in establishing the first
free-standing birth center in Kerala, India.

4. The Indictment claims that I was “a provider” under a federal vaccination

program. I was not a “provider” under either the CDC program or under the NYS DOH

program.

Case 1:23-cr-00158-RPK Document 30-2 Filed 10/11/23 Page 2 of 4 PagelD #: 137

5. I believed in vaccinations for decades. But, eventually, I came to realize that
some vaccines are more harmful than beneficial and some can be deadly. I had deep regret
about the fact that as a hospital employee in an OB/GYN practice, I had unwittingly
promoted one of the most dangerous vaccines of all - the HPV vaccine. I became involved
in local vaccine activism, attended rallies and lobbied the NYS legislature with other
activists during the next several years.

6. When the covid vaccine was released, New York promulgated various executive
orders [no legislation] requiring that residents had to have a vaccine card to work, travel,
see family members, shop. I knew right away that there was no way that these novel,
experimental vaccines were any safer than conventional vaccines. There were reports of
serious injury and deaths immediately after the rollout of the vaccine. Despite the fact
that an extraordinary number of vaccine injuries and deaths have been reported to the
VAERS system (there has been a strong "safety signal" which has not been investigated
by the CDC), the vaccines were still being falsely touted as "safe and effective".

6. The Indictment alleges that I defrauded the United States; but I had
concluded that the federal program deprived people of the right to make individual
choices and violated the laws of my own state, New York, which I understood prohibited
mandatory vaccinations. I did not knowingly interfere with a lawful government function.
Those who sought me out did not want to be subjected to the vaccines, because of
sincerely-held religious beliefs which prevented them from being vaccinated, and, even
more often, due to medical conditions imperiled by the vaccinations. Some simply did
not trust those sponsoring this program. However, the government provided no
alternative and they feared severe consequences if they followed their conscience, such as

loss of their jobs, incomes and homes.

Case 1:23-cr-00158-RPK Document 30-2 Filed 10/11/23 Page 3 of 4 PagelD #: 138

7. The government claims that my conduct was part of a “scheme to fraudulently
obstruct the government’s administration and distribution of COVID-19 vaccines”, and
that I “solicited individuals including individuals residing in the Eastern District of New
York, to attend appointments at Sage-Femme to receive false and fraudulent documents
of having a received a COVID-19 vaccine.” These are unsupported assertions and, without
detail, rendering me unable to properly mount a defense to these false allegations.

8. I strongly believe that I am simply a scapegoat for deep and abiding public
rejection of the vaccine mandates, which the legislature of my home state of New York
had outlawed in no uncertain terms.

9. Inaddition, I acted out of my conscience. My goal was to assist those who had
already formulated their own opposition to vaccination and did not want to experience
the myriad of hardships which would otherwise have been visited upon them. I did not
then believe the vaccines inhibited the spread of COVID-19. Now, no one in authority
makes this oft-repeated claim. Nor did I not believe facilitating the life choices these
people made would create any public health danger. In my mind, the federal government
was not engaging in a lawful function with which I was interfering. It was interfering in
state matters, like public health and safety, and imposing rules which were contrary to the
rights of New Yorkers.

10. I am being wrongfully subjected to criminal prosecution by a federal agency —
the Department of Justice — for engaging in actions consistent with the laws of New York,
ie., protecting its citizens from the overreach of the federal government in violation of
New York State law.

11. Contrary to the allegations in the Indictment, I did not “solicit” others to join

my “cause”. Rather, I felt it was my moral obligation in an immoral situation to help

3

Case 1:23-cr-00158-RPK Document 30-2 Filed 10/11/23 Page 4 of 4 PagelD #: 139

obtain vaccine cards for those who wanted to avoid potential injury and death from the.

“emergency use” vaccines and, at the same time, avoid the very real consequences, such

as loss of their jobs, their homes, and their ability to support their families.

Sworn to before me this ath

day of October, 2023. :

MICHAEL HOWARD SUSSMAN
Notary Public, State of New York
0 No. Snore
ualified in Orange County .
Commission Expires Nov. 09, 20.25

Kathleen Ereault ”

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