In The "Fascinating Subterfuges" Dept.: Dr. Tidmarsh Expressly Wrote On X-itter That His Aurinia Comments Were His "Personal Views" -- Not Related To His FDA Role -- Then He Deleted Them.

And only now, now that he realizes. . . his statements were wildly inappropriate (at a minimum) -- and perhaps, evidence of his arguable and allegedly unlawful graymail schemes, he claims these statements (at right) were made in furtherance of his official duties at FDA.

The gambit here is to recast them, as immunized by the so-called Westfall Act, at 28 USC §2679, (as well as under the Federal Tort Claims Act). See the below; but this promises to be highly entertaining -- if not particularly enlightening:

. . .Aurinia claims that Dr. Tidmarsh’s public statements expressing such concern defamed them and their voclosporin drug. . . .

Because Dr. Tidmarsh made the alleged defamatory statements in furtherance of his duties as Director of the CDER and within the scope of his employment, Dr. Tidmarsh is entitled to have the United States substituted as the defendant in his stead pursuant to the Westfall Act and the Federal Tort Claims Act (“FTCA”). See 28 U.S.C. §§ 2671, 2679. The Departments of Justice (“DOJ”) and Health and Human Services (“HHS”) are currently evaluating Dr. Tidmarsh’s request for substitution under the Westfall Act and FTCA, and have indicated that an additional 30 day extension to respond to the Complaint, until January 15, 2026, should afford the DOJ and HHS sufficient time to evaluate and make their determination as to Dr. Tidmarsh’s request for substitution. . . .

Dr. Tidmarsh’s response to the Complaint is currently due December 16, 2025, by agreement of the parties. Doc. No. 29. Dr. Tidmarsh respectfully requests that this Court grant him an extension until January 16, 2026, to respond to the Complaint, to afford the DOJ and HHS sufficient time to determine whether the United States will substitute itself for Dr. Tidmarsh as the defendant in this action, pursuant to the Westfall Act and the FTCA. . . .

Do stay tuned. Onward, resolutely -- and just one of several of my backgrounders on this may be found, here. Grin.

नमस्ते