© Wendell Ricketts, 1992, 2005. All rights reserved.


First published in QW, October 25, 1992, pp. 45-49, 70-71. 


PART I: Inside the AIDS Mafia Go to Part II: Fool’s Gold


ACCORDING TO THE NATIONAL CLEARINGHOUSE ON AIDS AT Atlanta’s Centers for Disease Control, there are 93,484 AIDS organizations now operating in the United States. That includes everything from research centers to hospices, from support groups for the “worried well” to guerrilla clinics to safe-sex outreach programs for street hustlers. As a conservative estimate, these 93,000-plus organizations involve more than a million employees and volunteers.

Every one of those organizations—and every one of those individuals—has an opinion about AIDS: about what causes it; about what treatments are best; about what public-health strategies should be followed; about the political ramifications of the disease; about what drugs pharmaceutical companies should be developing; and about which public figure is a community hero, a murderer, or a Nazi (the accusation ACTUP co-founder Larry Kramer levelled at Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases, in 1988).

After more than a decade, that is, AIDS has become the proverbial elephant described by blind men. “It is like a rope,” says the one at the tail. “No,” another insists indignantly, his hand on the elephant’s flank, “it is very like a wall.”

Virtually no one, however, is able to see the whole: the morass of scientific information, much of it conflicting, a lot of it in dispute even among scientists, most of it incomprehensible to lay people; the ongoing influence of class, race, and gender on the leadership style and tactics of AIDS activists; the incompetence, petty competition, and careerism that play as large a role in AIDS science as does any desire to end the epidemic; the in-fighting and politicking that can bring even straightforward discussions—such as whether the CDC will or won’t expand its official definition of AIDS—to a grinding halt.

Still, we like to think we know a lot about AIDS. And we like to think that we come to our opinions based on the facts. Facts, unfortunately, are notoriously hard things to pin down—particularly when it comes to AIDS. As a result, most of us wind up believing exactly what we hear—despite our parents’ earnest warnings—provided we hear it from someone we trust.

Our credulousness about AIDS, in fact—our willingness to believe our experts, our government, our activists, our media (pick your favorite—has led us into some seriously murky waters. It’s rare that we question the medical establishment—or the spokespersons who “interpret” science for the benefit of ordinary mortals. It’s rarer still that we ask how someone knows what he says he knows about AIDS—or about the Machiavellian politics that surround this disease and which color every opinion.

And for many of us, the rarest thing of all is to turn an appraising eye on AIDS activism and ask for the same accountability from activists that we so often demand from drug companies, journalists, government scientists, and elected officials. We don’t like to belive that activists—those men and women in the trenches—could be guided by motives that were anything but pure.

A kind of AIDS “patriotism,” that is, is threatening to replace pluralism and honest dialogue in the AIDS community: Critics—or even questioners—of activist orthodoxy are heretics; they probably hate people with AIDS. And the notion that “by any means necessary” is an acceptable philosophy for AIDS activism has authorized the deferment of complicated moral questions until such time as (someone) decides they are no longer obstructing what (someone) says is the right fight against AIDS.

It’s ironic, in fact, that while democracy is breaking out all over the world, democracy seems to be leaking out of the AIDS activist movement like water from a worn-out garden hose.

The difficult truth is that almost everything about AIDS is brutally complicated. Beware of anyone who offers to make it easier for you by explaining what a study or a statistic or a law or an event “means.” There is no such thing as an objective source of information about AIDS. Not even this one. So watch yourself.

I’ve got no strings so I have fun. I’m not tied to anyone. How I love my liberty. There are no strings on me. (Walt Disney’s Pinocchio.)

OF THE MORE THAN 200 AIDS-SERVICE ORGANIZATIONS IN THE SAN Francisco Bay Area, perhaps none has engendered more intense loyalty—or as much hostile criticism—as Project Inform. Founded in 1985 to conduct community-based trials of ribavirin, then a popular underground treatment for AIDS, Project Inform has developed into one of the nation’s premier AIDS-information networks, disseminating treatment and research updates to some 75,000 individuals coast-to-coast and internationally.

In addition to its public-education efforts, however, Project Inform has become a powerful political lobby with influential connections in Congress, the Food and Drug Administration (FDA), the National Institutes of Health (NIH), national AIDS-activist groups, the underground AIDS-drug market, clinical trial networks, and most of the pharmaceutical companies that produce AIDS drugs in the U.S.

The lion’s share of credit for those connections goes to Project Inform’s controversial and mercurial Executive Director, Martin Delaney. What kind of clout does Delaney actually have? This kind: When Delaney calls NIAID, Anthony Fauci picks up the phone. In 1991, when the Bush administration became concerned about legislation that would have given Congress the power to accelerate approval of AIDS drugs, bypassing the FDA, White House Counsel Boyden Gray invited Delaney—an opponent of the legislation—to a meeting. And when Robert Gallo was having trouble closing a deal with Daiichi, the huge Japanese pharmaceutical firm, to work with him on testing the anti-KS drug SP-PG, Delaney pulled a few strings and Collaborative Research and Development Agreement #0136 was quickly clinched. Like him or not, that’s the kind of thing Martin Delaney can do.

Over the years, however, Delaney has come under frequent attack for tactics that were perhaps best summed up in the headline of a September 1991 San Francisco Examiner article critical of him: “Top AIDS Activist: Leader or Tyrant?”.

A staff member at the San Francisco AIDS Foundation mentioned similar polarities: “Marty is two sides to the same coin,” he said. “He’s done incredible amounts of good for people with AIDS in terms of getting access to the federal bureaucracy. But he definitely wants to be the voice of AIDS treatment information, the font of all knowledge, the maker of all deals, the man at the podium. It isn’t always easy for people to deal with that.” (See sidebar, “The Sacred Cow and the Activist.”)

Bruce Nussbaum, currently a senior writer at Business Week and the author of Good Intentions, a 1990 book that examined the impact of AIDS activism on the government’s AIDS research and drug-development policies, put it more bluntly. “Delaney is an incredible power-tripper,” Nussbaum said. “Even on the East coast, I’ve never seen anyone who was into it as much as him.”

Delaney, meanwhile, is philosophical about what he sees as jealousy and vindictiveness. “We make enemies with folks who want us to support drug X and we don’t. We make enemies with activists who don’t make it into the big time (and consider PI the reason).” A small group of people “has been trying to do a hit on us” for more than a year, Delaney says, and the group feeds “reporter after reporter the same rumors and half-truths.”

“If anyone can show that I get something out of the work I do—other than benefit for people with AIDS,” Delaney concludes, “then go ahead and make your case.”

Six San Francisco AIDS activists were willing to try to make that case for this article. None of them, however, would allow his name to be used—and that’s a big problem. If you were on a jury, you’d be expected to weigh the credibility of individuals who would only speak anonymously. But, in fairness, you would also be asked to think about the factors that might make people so skittish.

Two activists interviewed for this article said they had been threatened and harassed after publicly criticizing Project Inform in the past. A third said his house had been vandalized. Yet another told of a friend—a former activist—who left town in terror and now refuses to give out his phone number.

Do any of those individuals have proof that Martin Delaney or Project Inform was behind the threats or harassment they experienced? No, they don’t. But all of them believe there is a connection. The intimidation they described, they said, came not from Delaney himself but from what they described as Project Inform “operatives.”

And whether or not such allegations are true—and Delaney scoffs at the notion that he wastes his time terrorizing activists—the apprehension felt by Delaney’s critics is real. One source was reluctant to be interviewed because he suspected he was being set up by a “spy,” posing as a journalist, who would relay his comments to Delaney. Indeed, Delaney has been known to deliver loud and savage public tongue-lashings to activists, reporters, and others who have “crossed” him.

Steven Fowkes, an AIDS treatment activist and President of Direct Action for Treatment Access in Palo Alto, California, observed, “The thing that bothers me most about the whole situation is the amount of fear that’s out there. People are genuinely afraid. That’s not something that’s part of any legitimate function of activism as I know it.”

Delaney, however, continues to thrive, irritated but undeterred by criticisms. “If my tactics look military,” he declared in his 1991 Examiner interview, “I don’t apologize. I will be judged by my success.”

And Delaney is successful. Even treatment activist Billi Goldberg, who has been critical of Delaney in the past, acknowledges, “You have to remember, in the early days there was nothing for AIDS—no prophylaxis for PCP (Pneumocystis carinii pneumonia), no experimental drugs. Marty sped up approvals and got alternative treatments on the street. He got trials going for drugs that seemed promising. Nobody else could have gotten the FDA and the drug companies to work together. It was Marty. You have to give him credit for that.”

Indeed, Delaney’s polished and persuasive personal style—which come in part from his former career as a highly successful corporate marketing consultant—has led some to call him a Svengali. Still others, however, refer to Delaney as “The Teflon Activist.”

DELANEY DOESN’T HAVE MUCH PATIENCE FOR THOSE WHO GET IN his way—and journalists are one group that has consistently done just that. Reporters critical of Delaney, of his colleagues, or of ideas that Delaney supports, that is, have frequently found themselves on the receiving end of attacks that several describe as “bullying and threatening.” Members of “The PI Club,” as one writer dubbed the group, include Celia Farber of Spin magazine; medical writers Jayne Garrison and Lisa Krieger of the San Francisco Examiner; Bruce Nussbaum; and John Crewdson of the Chicago Tribune.

Delaney has, in fact, earned something of a reputation for firing off long, vitriolic letters—directed invariably not to the reporter but to the reporter’s editor—that question writers’ competence and motives. In the case of Celia Farber, who frequently challenges the theory that HIV alone causes AIDS and who is critical of AZT, Delaney has labelled her work “a threat to public health.”

In 1990, shortly after Chicago Tribune reporter John Crewdson began running investigative pieces on Dr. Robert Gallo, the NIH scientist under fire for allegedly stealing the AIDS virus from the French, Delaney wrote Tribune publisher John Madigan a detailed defense of Gallo. In it, Delaney accused Crewdson of intimidating sources into talking to him and of playing an “endless game of ‘gotcha’ in which self-promoting reporters with a total lack of scientific credentials nitpick every move made by our top scientists.”

Crewdson’s investigation, Delaney went on to say, had created a “climate of fear” at the NIH that was similar “to the research atmosphere in Eastern Europe, where scientists (formerly) operated under a cloud of suspicion and were subject to oversight and accusation from people who were accountable to no one.”

Finally, Delaney noted that Project Inform intended to file “formal information requests to the Tribune ... seeking records of any and all internal discussions and communications regarding the investigations of Dr. Gallo and his people.” An analysis of the costs of Crewdson’s “fishing expeditions” would also be undertaken, Delaney vowed, and “[i]f Dr. Gallo is vindicated by the NIH inquiry, we intend to publicly charge the Tribune with those costs on behalf of PWAs, since much of that expense has been paid by funds otherwise earmarked for AIDS research.”

After Bruce Nussbaum’s book, Good Intentions appeared, Delaney wrote Nussbaum’s editors what Nussbaum described, in a phone interview, as a similarly “angry, vituperative, threatening letter.”

Delaney’s interest in Nussbaum and Crewdson is confusing, since neither writer was critical of Delaney or of Project Inform. Both Crewdson and Nussbaum, however, did attack the government’s AIDS bureaucracy and the scientists it employs.

According to Delaney, however, people like Gallo, Fauci, and Sam Broder (Director of the National Cancer Institute), and agencies like NIAID and the NIH, “are the only partners we have in this war (against AIDS). We have been very rough on these people to make sure the work they do is focused and effective and as responsive as possible. At same time, we don’t want bureaucratic issues interfering with their attention to the job. If some of the overhead is coming from the media, I don’t see why they should be let off the hook any more than the bureaucracy of the Department of Health and Human Services.”

Delaney insists, however, that his salvoes against reporters don’t mean he has any quarrel with freedom of the press. “But if the media do things that are harmful to the interests of people with AIDS,” Delaney asks, “are they supposed to be able to hide behind the constitution and say ‘We’re exempt’? The free press has to be responsible and accountable, just like the government bureaucracy does.”

But tactics, again, are the issue. When Delaney wrote John Madigan that “if you or Crewdson were burying a friend every week this year, like I have, you might understand why our patience is running out”—a phrase he used twice in his QW interview in response to criticisms of Project Inform—he was intentionally using rhetoric that stops most critics in their tracks. No one knows how to respond to the charge that he hasn’t experienced enough death to form a position on AIDS.

The larger issue, of course, is the question of who is positioned to make public declarations of what helps and what harms people with AIDS, and to determine what information should be available to them and to everyone else.

THE NUSSBAUM AND CREWDSON LETTERS ASIDE, DELANEY’S friendships with important NIH, FDA, NIAID, and drug-company executives frequently raise questions among activists who are disgruntled by what they see as influence-peddling. Said one, “The longer I’m an AIDS activist, the more amazed I am by how many things are determined by backroom deals. That isn’t always bad—but some groups like Project Inform are more than a little venal. It’s all about swapping favors.”

Others charge activists like Delaney with participation not in backroom deals, but boardroom deals. In fact, AIDS activists across the country have forced the creation of and have won key positions on the community advisory boards of a number of pharmaceutical houses, and have forged close ties with officials in NIH, NIAID, and the FDA.

Groups like the Treatment and Data committee of ACTUP New York and Treatment Activist Guerrillas (TAG), whose membership is national, have also become highly influential. Their members hold significant positions on the many subcommittees of the AIDS Clinical Trial Group (ACTG), a NIAID-sponsored network of all federally funded and some private efficacy trials for AIDS drugs. Delaney, too, is a member of the ACTG, and TAG members hold important positions in Project Inform.

Street activism, then, and the emphasis on consensus and democracy that characterized AIDS-activist groups such as ACTUP, has been tempered by what some critics deride as “professional activism.” Increasingly, that is, activists use personal influence and professional contacts to affect decisions “behind closed doors.” It’s hard to argue that there hasn’t been benefit for people with AIDS in the process.

As Bruce Nussbaum argues, however, such ties have had another effect as well—the “diffusion” of activist energy. “The drug companies and government agencies have wisely absorbed the activists,” Nussbaum says. “They are now on most of the key committees that make decisions about drugs used to treat AIDS. They have been accepted into the scientific bureaucracy.”

At the same time, Nussbaum argues, all the effort against AIDS over the last decade “hasn’t resulted in any significant improvement in treatments or a cure for AIDS. Despite that, many of the same scientists are in the same positions they have occupied for years—which shows how truly little accountability there is in government science.”

Continues Nussbaum, “Activists haven’t been able—and I’m not even sure they’re willing anymore—to try to replace these people. They know their enemy, they’ve done battle with the enemy and now, at least to some extent, they’ve joined the enemy.”

Recent financial contributions from Burroughs-Wellcome and other drug companies have raised additional questions about the independence of today’s AIDS activism. Last April, for example, Burroughs donated $149,500 to Project Inform to provide for a new computer system and a full-time data manager. In late June, the company gave ACTUP New York an additional $1 million grant, which will be administered through the American Foundation for AIDS Research. TAG has also received $10,000 from Burroughs Wellcome.

In the past, Project Inform has also received grants from ICN ($72,000), the makers of ribavirin; from Sandoz Pharmaceuticals ($250,000), the owners of GeneLabs, a San Francisco Bay Area company that supplied Compound Q for Project Inform’s observational trials; Immuno-Diagnostics Laboratory ($10,000); and a number of smaller donations from other pharmaceutical houses. Many important national AIDS organizations, in fact, receive contributions from companies that manufacture AIDS drugs.

In the case of activist groups whose agendas may—and often have—conflicted with those of drug companies, however, do such donations constitute payoffs or even protection money, as some charge? Or are they, as Delaney said in Project Inform’s press release about its recent Burroughs grant, the “entirely appropriate” response of companies that “profit from the sale of drugs in the AIDS community”? Delaney continued, “We are confident that this money comes with no strings attached.... (It will not) prevent us from being a critic of the company in the future, should it be warranted, as we have been in the past.”

Indeed, Delaney and other activists insist that no grant, no board appointment, and no amount of personal interest will ever be cause to let anyone—not the NIH, not the FDA, and especially not drug companies—off the hook when it comes to meeting the bottom line: protecting the interests of people with AIDS and bringing the AIDS death toll to a halt. At the same time, it’s worth noting what may be nothing more than a coincidence: You don’t hear much these days about getting Burroughs Wellcome to lower the price of AZT which—even at $5,000 per year—still brings the company an annual profit of $315 million.

If AIDS activism is having an impact on government science and on the multi-billion dollar drug industry, that is, the reciprocal impact of “establishment” politics and corporate culture on activism is virtually never acknowledged.

“It’s good to have insiders,” agreed one San Francisco activist, “but it becomes a problem when one group decides to ‘go Wall Street’ and use pressure tactics to control everything. Then you don’t have democracy and community representation anymore. What you have is an impenetrable, elitist system of ‘insiders’ and ‘outsiders.’ You have quid pro quo, and you have a lot of people who get off on wielding power for its own sake. That’s the situation we started out fighting in the first place.”

The relatively new Hoffman-LaRoche HIV Community Advisory Board may be a case in point. Roche manufactures ddC, the most recently approved treatment for AIDS. Last March, Karl Owens of ACTUP New York’s Treatment and Data committee wrote Dr. Whaijen Soo, head of Roche’s Virology and AIDS Research section, about activists’ relationship with the company.

Touching on the HIV CAB Owens wrote, “(Roche) boasts that the board was ‘conceived with the help of ACTUP New York, Project Inform and AIDS Action Baltimore.’ Yet, those groups have no idea who has been invited to participate. Unless ACTUP/NY, PI, and AIDS Action Baltimore have veto rights over the membership, they will not participate on the Roche CAB.”

Should anyone—even the best-intentioned activists—have veto power over the membership of a community advisory board? In a recent interview, Owens sidestepped that question but noted, “The original list that Roche was kicking around included many people that were really in Roche’s back pocket. We were looking for some balance and there wasn’t any. I never expected to get veto power nor did I ever get it. Roche appoints its own people. There’s no story here.”

For his part, Delaney says that he knew nothing about the letter and adds that Project Inform did not authorize the veto challenge. Delaney’s name, however, along with Project Inform’s Joel Thomas, whom Delaney says is a volunteer, appears on Owens’ “cc” list.

Official veto power or not, Owens acknowledges that “I took enormous amounts of heat in New York City about the fact that I couldn’t make it so that we had veto power, and that Roche is picking its own CAB.” Owens’ letter and the “heat” he describes, then, clearly indicate that the veto-power strategy had support within his organization, even if it didn’t succeed. So what about the ethics of using such means to exert influence on Roche?

Says Owens, “Influence is the way of the world, man.”



  

The Sacred Cow and the Activist

BILLI GOLDBERG’S TWIN PEAKS APARTMENT LOOKS MORE like the annex of a medical library than the home of a semi-retired civil engineer. Goldberg’s dining room table—in fact, virtually every horizontal surface—is covered with piles of articles with titles like “Systemic Migration of Dendritic Cells” and “Antigen Presentation in HIV Infection.” Textbooks on immunology and dermatology are stacked open at one end of the couch, significant passages marked with strips of paper and with several shades of pastel highlighter. 

On Goldberg’s desk stand a computer, a laser printer, and a modem, and Goldberg spends several hours each day engaged in online medical research or else exchanging the latest AIDS-treatment information with contacts across the continent. As a result, Goldberg is as comfortable discussing topics like hapten formation and lymphocyte markers as she is talking about what happened last night on Murphy Brown

Goldberg is part of what some call a “new breed” of AIDS activists—men and women who are politically committed to the struggle against the disease, but who have also made it their business to become home experts at the thicket of acronyms, medical jargon, and hard science that are essential to an understanding of AIDS treatment and research today. 

But Goldberg has an even more specific mission—spreading the word about a treatment that she and a small but growing number of activists and doctors believe may hold some promise against AIDS. The treatment, called dinitrochlorobenzene or DNCB, is a chemical used in photo processing. Applied weekly to the skin in diluted form, DNCB causes a localized allergic reaction that some believe helps “flush” HIV-infected cells from the body. 

Not surprisingly, advocates of DNCB—like advocates of virtually every alternative treatment for AIDS—have occasionally come under criticism from those who believe such “unproven” treatments are a dangerous diversion from approved therapies. What does surprise some activists, however, is the resistance to DNCB that they say comes from San Francisco’s Project Inform, one of the nation’s premier AIDS-treatment information networks. 

Founded in 1985 to conduct community-based trials of ribavirin, then a popular underground treatment for AIDS, Project Inform has actually championed—and helped test—a variety of alternative treatments over the last seven years. 

Any suggestion that Project Inform has failed to support DNCB, however, makes the organization’s Executive Director, Martin Delaney, bristle with irritation. Says Delaney, “It amazes me that (there are) critics screaming at us about this when we were only ones willing to put money on the line and study this product.” 

In 1990, in fact, Project Inform did institute a Phase I (safety and dosage) study of DNCB—the only community-based trial of its kind. The study is not yet complete. A source close to Project Inform, however, confirmed that the DNCB study was originally undertaken “over Martin Delaney’s strongest objections,” and critics argue that Project Inform has dragged its feet on the DNCB study ever since. 

In its own materials on DNCB, Project Inform says that the community’s “lack of interest” in DNCB made it difficult to recruit enough participants for an adequate study. In two years, Project Inform has enrolled only 20 AIDS patients. (As part of research for this article, however, more than a dozen phone messages were left for Project Inform’s DNCB study recruitment coordinator. The messages requested information about joining the DNCB study but did not mention QW magazine. Over the course of six weeks, none of those calls was returned.) 

But Goldberg and others note that the DNCB Treatment Issues Group was quickly able to recruit more than enough subjects for its own observational study, now underway. Healing Alternatives Foundation, in addition, a San Francisco outlet for alternative AIDS treatments, sells between 400 and 500 DNCB “starter” kits each month. Goldberg suspects other reasons for PI’s resistance to the treatment, including the fact that DNCB “doesn’t have to be patented or licensed and is never going to make a profit for some big drug company.” (Healing Alternatives sells DNCB for a suggested donation of $20.00 for a six-month supply; the actual cost is $6.00.) 

And the plot thickens. Earlier this year, the Principal Investigator of the Project Inform DNCB trial, Dr. Raphael Stricker, submitted a paper entitled “Pilot Study of Topical DNCB in Human Immunodeficiency Virus Infection” to at least two important medical journals. (It has not been published.) Delaney says Stricker’s paper was prepared without the knowledge of the co-authors (indeed, Dr. Dobri Kiprov angrily insisted he knew nothing about the paper and couldn’t explain why he is listed as a co-author). Delaney also charges that submission of the paper was a strict violation of Stricker’s co-sponsorship agreement with Project Inform. 

Stricker, on the other hand, who reported the preliminary results of the DNCB study at the Eighth Internal Conference on AIDS in Amsterdam in July, says that the “political situation” at Project Inform had left the DNCB study dangerously in limbo. He believes that the limited data from the Project Inform trial—which he acknowledges is an uncontrolled observational study, not a test of efficacy—show that DNCB is at least worthy of further testing. 

Meanwhile, even while Delaney has been highly critical of anyone who discussed the results of the trial before it was complete, Project Inform’s own Research Director told a San Francisco gay-community newsweekly last Spring that Project Inform’s study showed DNCB to be ineffective. 

The bottom line? Nobody knows if DNCB really works. Further, nobody is likely to find out for a very long time. So much bad blood has been generated—on all sides—that interpreting the results of the Project Inform DNCB study may be all but impossible. 

More ominously, a former employee of Project Inform suggests that the DNCB imbroglio may mark the beginning of the end of the organization’s involvement in alternative treatments: “Marty’s frame of reference has shifted from the activist community to the political-scientific community,” the source said. “He isn’t working (for the respect) of the activist community anymore. He has enough of that to be secure. He wants to be well regarded by the experts—the government researchers and the ‘big boys’ in establishment science. He doesn’t want to be seen as someone dealing in ‘snake oil.’ And he just isn’t interested in alternative treatments anymore.”

 

 

© Wendell Ricketts, 1992, 2005. All rights reserved.
First published in QW, November 1, 1992, pp. 45-49, 68-69. 


PART II: Fool’s Gold

 

Everyone can see what is going on. They laugh ‘cos they know they’re
untouchable, not because what I said was wrong. (Sinead O’Connor,
“The Emperor’s New Clothes”)

 

FOR MORE THAN EIGHT YEARS, RUMORS HAVE CIRCULATED THAT America’s triumphant claim to have discovered the human immunodeficiency virus (HIV) was tainted by carelessness, scientific misconduct, and even fraud.

Credit for the historic discovery was originally claimed by both Dr. Luc Montagnier of Paris’s Pasteur Institute and Dr. Robert Gallo of the National Institutes of Health (NIH) in Washington. By all public accounts, Gallo was first out of the gate with an April 1984 press conference and a series of papers on HIV (then called HTLV-III) which appeared that year in the journal Science.

Reports persisted, however, that Gallo’s HTLV-III was really LAV, a virus previously identified by Montagnier. In 1983, Montagnier had shipped samples of LAV to Gallo for testing.

Open, bitter feuding between the two scientists continued until 1987, when a compromise was finally hammered out between them. According to the terms of that agreement, official credit for the discovery of HIV is shared 50-50 between France and the United States, as are royalties from tests for antibodies to the virus (which total about $100 million annually).

But not everyone was content to let the matter drop there. In late 1989, Chicago Tribune reporter John Crewdson blasted Gallo in a meticulously detailed, 52,000-word article that accused the scientist, among other things, of misappropriating samples of French virus and then claiming to have isolated a new and separate virus in his lab, as well as of making false statements in his 1984 papers announcing the discovery of the cause of AIDS.

So thorough was Crewdson’s reporting that questions about Gallo began to seem reasonable again. And one of the people who started raising them was Michigan Representative John Dingell. Dingell demanded that the NIH launch an inquiry into Gallo’s lab and, within a short time, the NIH’s Office of Scientific Integrity (OSI) had done exactly that. Dingell himself later convened hearings of the House Subcommittee on Oversight and Investigations, which continue today.

The OSI report was completed last April or May, and has been sitting since then on the desk of Assistant Secretary of Health and Human Services, James Mason, awaiting his signature. Neither the NIH nor Dr. Mason’s office has any explanation for the lag in the release of the OSI report, although no one seems to find the delay unusual. A reasonable speculation, however, is that the report is being held up because things are a bit hot for Dr. Gallo and the NIH in Washington these days.

First of all, a draft of the “final” OSI report was leaked to the press in March and was widely covered in French and American newspapers, as well as in respected scientific journals such as Science and Nature. According to articles about the draft report, the OSI concludes that any misconduct in Gallo’s lab was the actually responsibility not of Gallo but of Dr. Mikulas Popovic, a Czech retrovirologist who joined Gallo’s lab in 1980. Gallo, on the other hand, gets off with little more than a scolding.

Press officers for the NIH and the Public Health Service, meanwhile, refuse to discuss either press accounts about the OSI report or the report itself. Noted the PHS’s Rayford Kytle, “There is only one report and it isn’t complete. Anything else that got into the press through a leak or whatever is an incomplete document and is worthless. The point is that the OSI report hasn’t been released. Therefore, there is nothing to comment on.”

As early as two years ago, however, Dr. William Raub, then-Acting Director of the NIH, apparently held a different opinion. In October 1990—at a point when the Gallo probe had barely gotten underway—Raub announced that the OSI had unequivocally cleared Gallo of all charges of misconduct. Since the leak of the OSI report, in addition, Gallo and Popovic and their lawyers have responded widely in the press to the report’s conclusions.

On June 24, 1992, in fact, Gallo had agreed to appear before a meeting of the National Cancer Advisory Board’s Subcommittee on AIDS, chaired by Dr. Howard M. Temin of the University of Wisconsin. According to Temin, the meeting was scheduled “to get information about what was going on (with the investigation of Gallo’s lab). We wanted to learn what changes could be made at (the National Cancer Institute) to prevent similar problems and to give Dr. Gallo the opportunity to respond publicly and officially to some of the scientific questions that had been raised.” The meeting was to be open to the public and press.

The day before the meeting, however, Michael Astrue, General Counsel for Secretary of Health and Human Services Louis Sullivan, ordered Temin to cancel the meeting. Says Temin, “I was in Washington to receive the National Medal of Science, and when I got back to my (hotel) room there was a call from Astrue. He told me, you have to cancel this meeting. It’s none of your business.”

Astrue followed his phone call with a letter in which he told Temin, “[T]he meeting you have scheduled to review ... allegations of misconduct against Dr. Robert Gallo exceeds the statutory authority of your committee, and therefore must be canceled .... You need to be aware that unauthorized expenditures of federal funds may expose you and others to various types of liability.”

Astrue concluded, “I trust I can count on you to conform with the law.”

The call and letter were “very threatening,” Temin acknowledged. “As a presidential appointee trying to do my job, I didn’t expect to be treated as a lawbreaker by the counsel who’s supposed to be on my side.”

The day after the meeting of the Subcommittee on AIDS was to have been held, the New York Times reported allegations by C. McClain Haddow, a former senior health official, that “the government had been misled by Dr. Robert Gallo’s claim to have been the sole discoverer of the cause of AIDS.” The article went on to review various new and old charges against Gallo, and reported critics’ comments that the OSI draft report was “a whitewash.”

Hearings in Dingell’s Oversight and Investigations subcommittee, meanwhile, were underway on Capitol Hill. On June 26th—two days after the date of the canceled meeting—the Chicago Tribune reported that Secretary Sullivan had admitted, under questioning by Dingell, that key HHS documents related to the invention of the HIV test in Gallo’s lab had been destroyed by former Assistant Secretary of Health Lowell Harmison when Harmison resigned in 1987. After leaving the DHHS, by the way, Harmison went to work for late British publishing magnate Robert Maxwell. Harmison’s task? To establish the Maxwell Institute for AIDS Research, and to lure Gallo away from NIH as its director. The plan never materialized.

In the meantime, based partly on the findings of the leaked OSI report, the French government has sued the United States for ownership of the patent of the HIV test as well as for all of the HIV-test royalties paid to the United States since 1987. The Government Accounting Office and the Inspector General of the Department of Health and Human Services have also recently opened investigations into the patent-rights question.

THE CONTROVERSY OVER WHAT WENT ON IN GALLO’S LAB MIGHT WELL be “a dead horse,” as Terry Beswick of the Human Rights Campaign Fund, a lesbian-and-gay think tank in Washington, put it. Indeed, as Bruce Nussbaum wrote in Good Intentions, a 1990 book that criticized the government’s AIDS research and drug-development policies, “It is a polite fiction that scientists at the NIH work for the public health. They really work for credit and cash.” Even if true, Gallo defenders assert, neither capitalism nor a talent for career advancement is a criminal act.

Martin Delaney, the influential Executive Director of San Francisco’s Project Inform, one of the nation’s premier AIDS-treatment information networks, would agree with that assessment. In response to the Crewdson expose, Delaney wrote an angry letter to Tribune’s publisher, vowing that “[w]e will not sit idly by (while) self-promoting reporters with a total lack of scientific credentials nitpick every move made by our top scientists.”

Crewdson’s articles, Delaney went on to say, had created a “climate of fear” at the NIH that had a “chilling, negative effect” on scientists involved in AIDS work and had made it difficult to keep them motivated in the face of “low pay, poor working conditions, and unnecessary public pressures.” Ironically, none of the big names in government AIDS science—Gallo, Dr. Anthony Fauci, Dr. Sam Broder, Dr. James Curran—has shown the slightest inclination to change jobs in nearly ten years.

In a recent interview, however, Delaney repeated his defense of Gallo. “I don’t care about (Gallo’s) character,” Delaney said, “but about his scientific insight. If along the way Gallo or somebody has done something scientifically unethical, I say fine, let’s hold Nuremberg trials when the war (against AIDS) is over. In the interim, let’s get the job done.” (Former Nazi officers were tried for “crimes against humanity” in Nuremberg, Germany at the end of World War II.)

Indeed, many would argue that Gallo’s contributions to AIDS research far outweigh any flaws in his character or lapses in his judgment. So the Gallo story might well be business as usual. It might even be a dead horse. Except for one thing. What if HIV is not the cause of AIDS?

The announcement at the Eighth International Conference on AIDS in Amsterdam last July that HIV-free AIDS had been discovered in a handful of patients created quite a stir in the American press corps. At the office of Dr. Peter Duesberg, a professor of molecular and cell biology at the University of California at Berkeley and the leading critic of the HIV/AIDS hypothesis, press calls topped out at around 150 during the week of the conference.

For Duesberg, however, the news from Amsterdam was hardly startling. For the past five years, he has been insisting—to anyone who will listen—that HIV is not the cause of AIDS. The originator of the “cancer gene” theory, a longtime member of the National Academy of Sciences, and the past recipient of an Outstanding Investigator Award from the NIH, Duesberg holds views that are perhaps extreme: Duesberg believes that HIV is not responsible for a single case of AIDS—indeed, that it is harmless—and he has repeatedly offered to be injected with the virus to prove his point. So far, none of his detractors (including Robert Gallo, who admits he cannot discuss Duesberg “without shrieking”) has taken Duesberg up on his challenge.

If HIV is not the cause—or not a primary cause—of AIDS, then empires will truly crumble. The issue isn’t just scientific credibility or reputation, either—it’s money.

Burroughs Wellcome, the company that produces the anti-HIV drugs ddI and AZT, brought in $315 million last year from the sale of AZT alone—and that was after activists forced the company to slash the retail price of the drug by one-half. As of late July 1992, meanwhile, the 101 drug trials open on the AIDS Clinical Trials Group included 42 anti-HIV studies; 22 of those involved AZT.

Royalties from the HIV-antibody test itself, meanwhile, total some $100 million a year. Worldwide sales of diagnostic tests for HIV came to $135 million in 1991, half of which went to the huge Chicago-based pharmaceutical company, Abbott Labs.

Finally, Gallo’s lab itself will receive $9.42 million in federal money in the current fiscal year—but that isn’t all. Gallo’s lab also participates in a number of Collaborative Research and Development Agreements (CRADAS) by which private biotechnology and drug companies, such as Daiichi, Abbott Labs, and Virogenetics, pay Gallo’s lab to develop and test their AIDS treatments, antibody tests, or vaccines.

Citing the trade-secret exemptions of the Freedom of Information Act and the Federal Technology and Transfer Act, however, the NIH refuses to disclose the amounts paid to Gallo’s lab under the current CRADAS, although two sources estimate that combined CRADA and federal funding bring a million and a half dollars into Gallo’s lab each month. Of the five CRADAS currently in effect, four involve HIV-based treatment or vaccines for HIV.

AFTER THE ANNOUNCEMENT IN APRIL 1984 THAT GALLO’S TEAM HAD isolated the cause of AIDS in his laboratory, Gallo mounted a whistle-stop campaign for “his” virus that was virtually unprecedented in American science. Gallo travelled the length and breadth of the country, giving speeches at medical schools, conferences, and research centers and appearing on countless talk shows.

The mainstream media helped Gallo out willingly—as did the editors of scientific journals, who suddenly became disinclined to accept papers on AIDS from researchers outside the “Gallo school.” New York clinician Dr. Joseph Sonnabend, in fact, who had never fallen into line behind the HIV/AIDS hypothesis, was summarily dismissed in mid-1985 as editor of AIDS Research, a journal he helped found. The new editor, Dr. Dani Bolognesi, was a colleague of Gallo’s and the co-holder of the patent on the HIV-antibody test. Bolognesi put Gallo on his new editorial board.

Gallo was, in short, instrumental in turning the entire apparatus of American science toward the theory that AIDS is caused by HIV: tests that detected HIV or its antibodies, drugs that fought HIV, vaccines that rendered HIV powerless. The pharmaceutical industry followed close behind. Very quickly there was no other game in town.

So single-minded were these efforts, in fact, that research into treatments and prophylaxes for AIDS-related opportunistic infections all but came to a standstill, and it was only through relentless pressure by activists that drugs such as aerosol pentamidine (a preventive therapy for Pneumocystis pneumonia), among other experimental treatments, were released for public use.

Those who disagreed with Gallo—or with what had, by the end of 1986, become a virtually impenetrable edifice of HIV-based AIDS science—didn’t get far. They couldn’t get their papers published, they weren’t invited to speak at scientific meetings, their research wasn’t funded or, like Joseph Sonnabend, they suddenly found themselves without jobs.

The HIV-free AIDS cases reported in Amsterdam provide yet another example of how HIV “information lock” has affected the scientific debate. By opening day of the Eighth International Conference, no one was scheduled to discuss HIV-free AIDS at all. A last-minute presentation was organized only after a Newsweek report appeared on the topic. Ultimately, researchers and doctors described some 30 European and American cases.

Back in the United States, the New York Times revealed that the Centers for Disease Control had been ignoring scattered reports of HIV-free AIDS in this country for some months. The Amsterdam presentation was something of an embarrassment to the CDC, then—particularly when U.S. doctors in the conference audience rose to submit additional cases of their own.

The American medical and scientific establishment, in other words, has become doggedly fixated on HIV—and on the treatments, tests, and vaccines that flow from HIV theory—and hasn’t dared to take its eyes off the road for a second.

And that’s where Peter Duesberg comes in. Although it remains true that the majority of doctors and researchers in the United States believe that HIV is the sole or primary cause of AIDS, Duesberg argues forcefully that the debate should not be considered closed. Indeed, although detractors often attempt to depict Duesberg as isolated and eccentric, he is, in fact, one of nearly 100 members of the Group for the Scientific Reappraisal of the HIV/AIDS Hypothesis, a worldwide committee of biochemists, virologists, biologists, theoreticians, and writers. (See sidebar, “Dr. Peter Duesberg’s Letter to Science.”)

A few weeks before the Eighth International Conference on AIDS was convened in Amsterdam, Duesberg and over 200 other AIDS “dissidents” went to that city to hold a three-day alternative conference entitled “AIDS: A Different View.” There, Duesberg, Dr. Joseph Sonnabend, well known AIDS activist Michael Callen, Dr. Robert Root-Bernstein, and even Dr. Luc Montagnier (who has abandoned the view that HIV causes AIDS alone, although he does not agree with Duesberg that HIV is harmless) met with others to discuss their points of consensus and departure.

In the eight years since Gallo’s “discovery” of Montagnier’s already-discovered virus, the “Different View” conference was the first-ever public scientific forum on the question of whether HIV is the sole cause of AIDS.

The “Different View” meeting, as Spin magazine AIDS writer Celia Farber described it, “had an air of innocence about it—it lacked the elitist, conformist, superscience arrogance of the orthodox International Conference on AIDS. The force that made it happen was far more genuine: It was sheer curiosity, the only force that ought to propel science.”

“For asking what they deem to be critical questions about HIV and AIDS,” Farber added, the doctors and scientists who presented at the conference “have for years been accused of everything from scientific illiteracy to murder.”

“MURDERER” ISN’T EXACTLY WHAT MARTIN DELANEY CALLS PETER Duesberg—although he comes close. In a recent six-page Project Inform “Discussion Paper,” Delaney takes on Duesberg’s arguments one by one and marshals the evidence that supports HIV theory. At best, Delaney and Duesberg end up in a dead heat, since each of them bases his arguments on his understanding of the scientific literature, and on the advice and counsel of colleagues and experts in relevant fields.

Indeed, although Delaney accuses Duesberg of being neither a retrovirologist (which isn’t true), an immunologist or epidemiologist (which is true), it is equally the case that there are no retrovirologists, immunologists, or epidemiologists at Project Inform—no scientists of any kind, for that matter. (For the record, Robert Gallo isn’t an epidemiologist or an immunologist, either.) Project Inform’s Research Director, in fact, was trained as a Med Tech.

More seriously, Delaney aims for a nerve in the gay community when he implies in his Discussion Paper that Duesberg believes that the cause of AIDS is “sexual promiscuity.”

In fact, Duesberg maintains that AIDS is caused by long-term use of recreational drugs, which impairs immune function—and by the use of AZT. He has never argued that sexual activity per se caused gay men to contract AIDS. He does, however, contend that numerous sexual partners have often meant frequent infection with sexually transmitted diseases such as gonorrhea or intestinal parasites, which has in turn led to repeated treatments with immune-suppressing antibiotics. Further, Duesberg believes that high levels of sexual activity have often been accompanied in gay men by the use of recreational drugs and “sexual stimulants” such as poppers. Neither contention can really be disputed—although any link to AIDS remains hypothetical.

Delaney raises yet another specter of concern to the lesbian and gay community, labelling Duesberg a homophobe with ties to “such well known bigots as (Orange County, California) Congressman William Dannemeyer.” In his interview, Delaney went even further, describing Duesberg as the “darling of William Dannemeyer” and implying other, hidden right-wing connections.

In fact, Duesberg says he did consult briefly with Dannemeyer on a congressional resolution that Dannemeyer never introduced. The resolution would have said that “HIV is not the cause of AIDS and that HIV research is a waste of money and that AIDS is a drug problem that could easily be solved,” Duesberg said. Dannemeyer has apparently lost interest in the project.

Meanwhile, Duesberg acknowledges, “I agree that I have been a total prostitute on this. Ron Dellums (a progressive California Congressman) has actually done much more for us, however. He’s written twice to (Secretary of Health and Human Services) Louis Sullivan on my behalf. So that is the extreme left, as I understand. That shows you how promiscuous I am with my political connections. I just take what I can get to get this thing out.

“I think political considerations, at very best, should be secondary or even tertiary. In fact, you could be any of these things they call me—a fascist or a homophobe—and you could still be scientifically right, and that’s what we need to know first before we implement successful public health efforts and (deal with) what ever the moral issues are.”

Delaney’s Discussion Paper takes on not just Duesberg but those in the press who write about his ideas—journalists who, in Delaney’s words, are motivated by little more than their “generic distrust of authority and government science.” Delaney professes to see no irony in the fact that such “generic distrust” was, perhaps more than any single factor, the impetus behind the creation of AIDS activism.

In the end, however, Martin Delaney’s favorite name for Duesberg and those who think like him isn’t “murderer” but “heretic”—a word that Webster’s defines as an individual who “holds to a doctrine that is contrary to the fundamental creed of one’s church.”

The use of the word is more apt than Delaney may realize. Despite claims about objectivity and the “principles of science,” those who charge heresy (and Delaney is not alone in this) suggest an important possibility—that HIV theory, and the AIDS orthodoxy generally, are more than slightly colored by a high regard for the articles of faith. And it isn’t Duesberg, finally—but those of us who need unbiased information about AIDS—who are feeling the heat of the AIDS patriots’ inquisitional autos-da-fe.


 

Dr. Peter Duesberg’s Letter to Science

 

A Newsweek article on July 27 reported on HIV-free AIDS cases presented at the VIII International AIDS Conference in Amsterdam, and a “News & Comment” article of July 3-11 ended with a call “to launch a worldwide study of this situation” as quickly as possible. I am responding to this call with 
references to over 800 HIV-free immunodeficiencies and AIDS-defining diseases in all major AIDS risk groups. Each of these cases was diagnosed after the “AIDS test” for antibodies to HIV was introduced in 1984:

1) Twelve studies have reported immunodeficiency in 179 HIV-free hemophiliacs. 

2) Four studies have reported Kaposi’s sarcoma and immunodeficiency in 51 HIV-free homosexuals. 

3) Ten studies have reported AIDS-defining diseases in 444 HIV-free 
intravenous drug users. 

4) Two studies have reported AIDS-defining diseases in at least 16 HIV-free babies. 

5) Two studies of tuberculosis outbreaks in Florida have reported this AIDS- 
defining disease in 183 HIV-free, mostly male patients. 

There may be more HIV-free AIDS-like cases, since only about 50% of all 
AIDS cases reported by the CDC are confirmed HIV-positive; the remainder 
are based on presumptive diagnoses. 

Rather than rushing to a “new AIDS virus” as the explanation, Science could 
focus more attention on “alternatives to a virus” that could resolve the growing
paradoxes of the virus-AIDS hypothesis. One alternative proposal has been 
advanced in Science and other journals, attributing the epidemic of AIDS 
diseases primarily to the cumulative toxicity of psychoactive drugs, sexual 
stimulants, and AZT therapy in the AIDS risk groups, and in some cases to 
the immunosuppressive effects of blood transfusions and hemophilia. This 
testable hypothesis merits closer examination and provides a rationale for 
therapy and prevention with greater potential than the current programs 
against HIV. 

[A list of 40 references followed.]                                [Back to Writing]