With 40 confirmed cases of swine flu in the U.S., an anti-terrorism expert is questioning whether the outbreak is an act of biological warfare.

Freedom Watch, a public interest watchdog, believes that there is a very good possibility that the precipitous outbreak of the virus in Mexico, which has now spread to the United States and other western countries, is not the result of happenstance – but terrorism.

The group issued a statement, noting that the U.S. has been expecting a biological or other catastrophic terrorist attack since Sept. 11.

“What could be more clever than planting the seed in neighboring Mexico and allowing it to spread to the United States?” Freedom Watch asked.

The organization speculates that after President Obama’s outreach to Iran and other Middle Eastern leaders, coupled with his denunciation of Bush administration interrogation techniques, his defense of the Muslim world could be seen as an asset to terrorist groups and may explain why the pandemic began in Mexico – to protect the president.

“In this dangerous world, with an American president who is widely loved in the Arab/Muslim world … one must ask the hard question: Is this a coincidence or the result of a slick way to attack the United States without having President Obama, a perceived long term ‘friend,’ blamed for the attack?” Freedom Watch Chairman and General Counsel Larry Klayman said.

Larry Klayman

He noted that terrorists might believe it makes sense to attack the United States and its western allies without putting the “boogie man” on Obama, who Klayman said appears ready to move quickly toward the creation of a Palestinian state on the West Bank of Israel and has attempted to appease Iran and other hostile Middle Eastern states.

Klayman, author of “Fatal Neglect: The United States’ Failure to Protect American Citizens from Terrorism,” said Freedom Watch has filed FOIA requests today with the Department of Homeland Security, the Department of Health and Human Services, the Department of Defense, the National Security Administration and the CIA to learn what the Obama administration has known about the swine flu outbreak and how long it has had the information.

“Previously, under the Bush administration, in the days preceding September 11, the White House apparently knew that an anthrax attack was imminent, since it distributed CIPRO, an antibiotic to staffers,” he added.

ALIPAC’s William Gheen

Meanwhile, Obama said today that while the spreading virus is of concern, it is “not a cause for alarm.”

Customs agents only recently began watching people who enter the United States for the virus.

Americans for Legal Immigration PAC condemned the administration’s “passive surveillance” of the virus and failure to immediately secure the borders after 1,600 cases of swine flu infections were confirmed in neighboring Mexico – with a death toll that has reportedly reached 169.

“The Obama administration’s failure to secure our borders against a possible pandemic is putting American lives at risk at a time when days and hours matter,” said William Gheen of ALIPAC. “The weak and inadequate ‘passive surveillance’ described during Sunday’s press conference is offensive to the rational mind.”

ALIPAC is calling on the Obama administration to immediately close the southern border to protect Americans from the outbreak and restrict all inbound air and ground traffic from Mexico to emergencies and product delivery.

There have been no confirmed fatalities relating to swine flu in the U.S., but the acting head of the Centers for Disease Control and Prevention, Dr. Richard Besser, said Americans should be prepared because the outbreak could worsen and include “possibly deaths.”

But while customs officials say they’ve been checking people for signs of the virus as they enter the U.S., Customs and Border Protection spokesman Lloyd Easterling told the Associated Press that the borders are still open.

He said officials were “just taking a second look at folks who may be displaying a symptom of illness.”

While CDC officials are inspecting travelers who say they do not feel well, no one is being refused entry.

According to one official, the U.S. government will issue a travel warning tonight advising Americans to avoid all “nonessential” trips to Mexico because of the outbreak, Reuters reported.

The U.S. has declared a national health emergency and shipped 12 million doses of flu medications to states in case they are required.

But ALIPAC is criticizing the Obama administration’s handling of the outbreak – saying its failure to act may cost American lives.

“Obama was playing golf Sunday. Instead, he should have been addressing the nation, securing the borders, and filling the gaps in our government leadership from an emergency command center!” said William Gheen. “He refuses to send troops to the border to stop the violence from spilling over or the Mexican flu from crossing into America. Instead we get second-tier bureaucrats telling Americans to wash our hands and cover our mouths when we cough like a bunch of 1st grade students.”

Gheen is urging people to contact their representatives immediately and demand that Congress hold emergency hearings to override the open borders policies of the Obama administration and protect U.S. citizens from the potential pandemic.

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