“If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed." ~ George Washington
George Washington warned us that governments always try to stealthily seize more power. Usurpation is “the act of taking control of something without the right to, especially of a position of power.” The California Medical Board’s (CMB) case against Dr. Gold was an opportunity for the Courts to restrain the CMB’s usurpation. So while we are pleased that Dr. Gold was vindicated, the board should have been held accountable for their unchecked abuse of power.
State Medical Boards’ powers are statutorily limited - but they must be judicially restrained to stay within those limits. The citizens of California are much worse off with an unrestrained CMB that engages in usurpation. Similar Boards across the nation have successfully revoked the medical licenses of freedom physicians who should NEVER have to endure a threat to their livelihood by a weaponized medical board.
Double Jeopardy
Furthermore, as Dr. Gold stated to the Court during this trial, are we now living in a nation where Double Jeopardy (twice penalized for the same action) applies? Dr. Gold already went through the criminal justice system for her presence at the Capitol on J6. She was then subjected to a second 3-day trial and punishment for the same actions for which she was previously punished. And at the real J6 trial, even the J6 Judge (no friend to Dr. Gold, having sentenced her to 60 days in prison for a misdemeanor trespass) stated that the J6 events had NOTHING to do with her medical license.
Double Jeopardy is not just unfair. Trying someone twice for the same event creates major issues for the judicial process. For example, when a prosecutor exceeds their statutory authority, they don’t have the tools they need to accurately assess the situation. In this case, the CMB prosecutor of course did not have all the J6 evidence available to the DC Court. Because she did not have all the evidence, predictably she made many errors in her words and evidence. She did not know the J6 events because it was not her job to know them. By cooperating in allowing herself to exceed her authority, she unwittingly became a tool of misinformation herself.
State Agencies Seizing Power
Dr. Gold’s trial was emphatically political and far outside the bounds of regulating public health. There was not even an attempted pretense that the evidence presented at trial had anything to do with keeping patients safe. In other words, this trial never should have happened in the first place. We must recognize that our justice system overall seems unwilling to take a definitive stand for justice. The Judge in this case noted Dr. Gold’s case was a departure for the CMB - but his ruling did not rebuke the medical board for their clear abuse of power. The CMB engaged in usurpation - and will continue to do so until it is stopped.
As a result of this decision, the CMB has seemingly been given regulatory authority over misdemeanors “unrelated to the practice of medicine” which sets a dangerous precedent for business license holders in the state and across the entire country.
Dr. Gold is considering the legal options including a State Writ and/or a federal lawsuit to force California to not allow their bureaucratic agencies to usurp power. Agencies threatening citizens’ livelihoods by usurping power is intolerable.