b'its not legal for us to lie to government agents.She asked Rick to send her a bottle of stabilized allicin and a bottle of IAG. Rick advised her to eat a morevegetar-ian diet and take Vitamin C and Vita-min D as the stabilized allicin product and IAG together cost $150 at the time asthegarlicwasimportedfrom Eu-rope.She begged and pleaded with Rick to ship her the products, so he finally agreed.Along with the products, Rick also sent her information on how they work, case histories, and instructions for use.No Good Deed Goes UnpunishedOn May 25, 2020, Rick received an email from an assistant Federal pros-ecutorcharginghimwithshippinga misbranded drug across State lines.In-dictedthe next month, he pleaded not guilty and was placed on supervised re-lease.In August 2021, after one year and three months on supervised release, Ricksfirstweek-longtrialbeganin front of Judge Robert J. Bryan of the U.S. District Court for the Western Dis-trict of Washington.Defended ably by two public defenders, the trial ended in a hung jury, but Judge Bryan told theROSE AND RICK MARSCHALLjury that, while he rarely did this, he was going to allow the prosecutor to talk to the jurors out in hallway, ostensibly toshe be guilty of violating the FDA stat- had not misrepresented its properties. find out what he did wrong in case theute 21 USC 331 for misbranding ofBut, since when does the truth matter in prosecutorwantedtoretrythecase.a drug across State lines?The FDAdefending yourself against the medical Which of course he did. agentpausedforabitandthenan- mafia?swered, Yes, your grandmother would The Re-Trial be guilty. It is a sad reflection on ourDisregard the The predictable happened, and thepower-crazed bureaucracy when evenConstitution!case was retried in October 2021 beforethey are ignorant of the law. The cor- Incredibly, at the end of the re-trial, a different Federal judge, Judge Benja- rect answer under the law would haveJudge Settle instructed the jury to dis-min H. Settle, in the same courthouse asbeen no. regard the overriding law of the land, before.Interestingly, a professor of HerbaltheU.S.Constitution,intheirdelib-During the retrial one of Ricks at- Sciences from Bastyr University, testi- erations. Healsotoldthejurorsto torneys asked the FDA sting agent, Iffying on behalf of Rick at the seconddisregard the expert testimony of the de-I were to receive a piece of cake heretrial, presented to the jurors two place- fenses witness! Instead, he told them to in Washington State from my grand- bo-controlled studies on the use of sta- consider only three elements and that if mother in Idaho and there were a cardbilized allicin against COVID-19. Thesethey, the jurors, answered yes to any of in there that said this cake could makestudies showed excellent results with thethem, then Rick Marschall would stand me feel better on my birthday, wouldallicin product alone, proving that Rickconvicted.H ealtHF reedomN ews /w iNter2022 25'