[darwingr]

That's sort of how I explained it to a friend. Manufacturers would not be willing (or allowed) to distribute without the full trials and recognition by the FDA. Where the government, on behalf of the sovereign, decides "no, we NEED it now" the full authority for the risks is declared not by the manufacturer but by the sovereign. Thus, in their great need and power, the sovereign gives them immunity in their actions in writing via the EUA.

It's good to be the king...but who laid the crown?