(Dec. 3, 2020) — Investigative journalist David Tulis at NoogaRadio 92.7 FM is working to overturn Tennessee’s illegal abrogation of the constitution and the rights of the people. He reports on his mandamus project at TNtrafficticket.us. A copy of his Oct. 2 filing is here: https://tntrafficticket.us/2020/10/suit-demands-lee-barnes-obey-health-rules-halt-fraud-abuse-under-color-of-law/
CHATTANOOGA, Tenn., Dec. 2, 2020 — County health administrator Becky Barnes wins extra time to explain how she is violating state law in an order given Tuesday by chancery court judge Pam Fleenor. In a 40-minute hearing, I bring against Mrs. Barnes and the state’s chief executive sharp rebuke for their refusal to obey the health epidemic and contagion law.
Mrs. Barnes and Gov. Bill Lee since March 12 have operated 265 days a panic-fed “pandemic” theater with all the appearance of lawful government, a project intended to “fight” the so-called coronavirus or Covid-19 in the supposed interest of public health.
Their overthrow of the state’s political and legal institutions begins in a single spot, with the first lines in English of 102 words in Tenn. Code Ann. § 68-5-104, isolation or quarantine. That law requires officials to make a local determination of an outbreak or contagious disease, to make a diagnosis and a determination and to make report to the health department in Nashville about help in containing it. CV-19, as a matter of science, is ephemera, a chimera for which no viral isolate, according to CDC, has been found.
Gov. Lee and the state’s legal and political elites have ignored the law, rejecting its lococentric obligations. In so doing, they overturn two centuries of Anglo Saxon jurisprudence and equity, abrogating the Tennessee bill of rights and deleting the promises of due process protecting the people 81,998 days — since 1796.
Chin diaper theory controls
Judge Fleenor refuses to shed her chin diaper, and orders me to wear my scarf, despite what I insist is a religious objection. I properly object to her demand as prejudicial (an appealable issue). For her to wear a mask, I say, prevents the operation of a key ethics Rule No. 2.8 regarding judicial demeanor. As for my offensive bare chin, she orders me to wear a mask (one of wife Jeannette’s scarves), summarily denying my objection, and refuses to accept an affidavit and motion objecting to overthrow of my religious liberty against covering my visage.
I ask Carl Dure, my witness and reporter, to take the affidavit to the clerk and file it — and hand the bailiff copies for Barnes attorney Sharon Milling and Lee defender Janet Kleinfelter, a deputy attorney general.
Mrs. Kleinelter represents Mr. Lee both in his official and in his personal capacity as the man, William Byron Lee, she says, when I insist on knowing if she has two clients. Judge Fleenor interrupts — and bars — my question to Mrs. Kleinfelter about whether there is a separate contract for her representation of the governor, the man.
Judge Fleenor effectively gives flak in a rear-guard action against Tennessee law, which I am propelling against the hindquarters of maladministrating Gov. Lee and Mrs. Barnes, who cannot ultimately escape personally nor in their offices their rejection of the statute. The law is part of my notice on behalf of 6.8 million people in the state who are suffering daily irreparable harm in their rights, persons, properties and estates at the hand of ultra vires (outside the scope of law) acts.
Tick tick tick — Fleenor slows clock
Judge Fleenor OKs a motion for “enlargement” by Mrs. Barnes, requesting an extra 30 days to answer. The motion is time-barred by court rules to be enforced by the judge, but Judge Fleenor lets them slide in favor of the bureaucrat Barnes, a longtime former nurse.
Mrs. Barnes is in default in my case seeking to compel obedience to state law. If she were compliant with the law, it would’ve been no problem in five days to show proof of compliance. But no proof exists, a point I established before taking up the sword against malefactors in the state’s name.
The judge says she is not in default, but only because Judge Fleenor counts 32 days to answer as proper, not the court rule’s 30 days. Judge Fleenor’s math is better than state of Tennessee’s on relation. The judge denies my entry of default and refuses to sign a decree of default. Had she done so, I believe, the only cure for default — the only way to set it aside — would have been for Mrs. Barnes to show obedience to T.C.A. 68-5-104, which is now impossible with 265 days locked into the past since the revolution began.
Derelicts such as Mrs. Barnes and Gov. Lee, as of today, have had 61 days to evade the law since my Oct. 2 filing gave them notice.
Fraud unaddressed hangs over courtroom like bad odor
Judge Fleenor, in an act of largesse, gives more time to Gov. Lee, a Republican churchgoing Christian and conservative misled by his attorney general, Herbert Slatery III.
He gets 40 more days to ignore black-letter law that requires the government to respect the rights of the people.
A hearing to have Gov. Lee’s motion for dismissal with prejudice heard is set for Jan. 11.
“Fraud has been so crippled and hedged about by the Chancery Court that it’s power to deceive and do evil has been much weakened, and the remedies for its rascalities much increased,” notes Gibson’s Suits in Chancery, “but it has not yet gone out of business” (5th ed., 1955).
Forty days out; that’s how long it rained — 40 days, and 40 nights — when Noah was in the ark during our race’s greatest judgment (apart from death).
Meanwhile in Chattanooga today, the famed Tivoli theater says it has lost F$8 million and is about to fail, thanks to the governor’s disruption of commerce and travel.
No one at the hearing today denies my affidavit of fact Oct. 2 that they are operating a fraud and that they are in flagrant violation of their oaths and their duty under 68-5-104.
I object several times to prejudice by the court. One of the more striking examples is Judge Fleenor’s partiality revealed by denying time to object to a motion. A motion for more time by Mrs. Barnes had been filed with the clerk. Nine minutes before I got to the clerk’s office to enter my 12-page brief in objection, Judge Fleenor had entered an order setting a hearing date on the motion. That hearing date — Dec. 2, today — effectively granted almost all the Mrs. Barnes wants — 26 days of 30 in the request. The judge’s order went in at 10:47 a.m., nine minutes before I timely got to that office to file my objection at 10:56.
How is that for judicial efficiency? Nine minutes before I could object, Judge Fleenor agrees with the outlaw and grants her — by scheduling protocol — most of what she asks.
Nine minutes, and the state — once again — treated with disregard and contempt.
Delay = denial of due process = injustice
For all Judge Fleenor’s partiality against state of Tennessee on relation, she forbears me enough to put into the record the essential points of the people’s grievances against lawlessness.
➤ That Tenn. Code Ann. § 68-1-201 requires the governor and his commissioner, Lisa Piercey, in any project to prevent the spread of a disease, to act “with the least inconvenience to commerce and travel,” and that these two have acted with the most inconvenience, in violation of their oaths.
➤ Gov. Lee has been in default starting Nov. 19 — 15 days as of today’s hearing — which means he has no standing in the court to say anything. Mrs. Kleinfelter’s motion for dismissal is improper because it comes into a field of contest polluted by the unjust refusal of the court to grant my motions for default, from which the remedy is curing or setting aside — and that only by proof of compliance with the law.
➤ I cite the statute that says “It is the duty of the local health authorities, on receipt of a report of a case, or suspected case, of disease declared to be communicable, contagious, or one which has been declared by the commissioner of health to be subject to isolation or quarantine, to confirm or establish the diagnosis, to determine the source or cause of the disease and to take such steps as may be necessary to isolate or quarantine the case or premise ***.”
➤ Fraud vitiates everything, according to Gibson’s Suits in Chancery, yet the parties are allowed in the court without having to deal FIRST with the fraud claim in the record already 61 days. Without fraud being addressed, everything today is part of that project, I say.
➤ Though Gov. Lee’s 16-page brief is not in view at the hearing, I strongly attack its highest and most frivolous claim, which says state of Tennessee on relation has no right of relief in Gov. Lee’s obedience to law “nor [does it impose] any duty on the governor” (emphasis in original). I tell Judge Fleenor that the constitution at article 3 says “The supreme executive power of this state shall be vested in a governor,” section 1. Respondent Lee “shall take care that the laws be faithfully executed,” section 10.
Judge Fleenor, knowing her constitution, recalls that the governor’s oversight of the department of health and its commissioner, charged with the details of administration, is under Mr. Lee’s signature as agent: “All grants and commissions shall be in the name and by the authority of the state of Tennessee, be sealed with the State Seal, and signed by the governor,” section 16.
➤ I demand that mandamus issue because it is the people’s remedy to lawlessness in government. Mandamus should displace all items on her docket and be first, and that she has authority ex parte (from the bench, before any hearing), to rule upon the petition of complaint of Oct. 2. Mandamus is nonoptiona, mandatory, ministerial, it is executed and not adjudicated, that it is emergency, immediate, nondiscretionary. The court, I demand, cannot show largesse to scofflaws and lawbreakers. The law is notice, I insist; the law is clear and nonopitional, and Tenn. Code Ann. § Title 68-5-104 must control, and she has “clear and present and official duty in equity to rule in chamber ex parte” (on her own, by herself, based on my affidavit of fact of Oct. 2)
➤ I say, in so many words, that the court is facilating delay and irreparable material harm to me as relator and the people. Chancery is sharing by delay in improper acts, obstruction, hindering, delaying, evading and has no authority to deny me my claim. NO AUTHORITY.
➤ When I say today’s hearing is the second in the case — the first being Oct. 30 with my affidavit in the record as part of the process — Judge Fleenor scolds me by saying this is the first hearing. I stand and insist that the meeting with clerk and master Robin Miller was a meeting “converted into a hearing,” she in her judicial robes and “all rising” when she comes into the chamber after a meeting with the judge about my demands.
➤ I argue that the record of my complaint — the sole bit of real press reporting instate of Tennessee since the lockdown — is sufficient basis for Judge Fleenor to rule immediately for mandamus. The statute, the constitution, their oaths are “notice” to Gov. Lee and Mrs. Barnes of what controls, and so Judge Fleenor should issue the writ. “There is no evidence of compliance,” I declare. That my “pro confesso” motion is not already signed, I say, is prejudice to state of Tennessee on relation. “The record is undisputed 61 days as a matter of law, and pro confesso must enter,” I insist, tugging my handkerchief above my nose again.
Lee trespasses on the people’s case
➤ The state actors are trespassing upon the people’s case and trying, among other things, to reframe it as a case at law, and not a case in equity. Gov. Lee insists that I am seeking damages (not true), refuses to style the case with him as respondent and me as relator, and attempts to convert me into a corporation by referring to me as DAVID JONATHAN TULIS acting in a fictive legal capacity as being “pro se.”
I insist, however, that I am in my natural person, a man, sui juris, “operating on the land and in equity” and that the court “deal with [me]as one of the people of Tennessee, not as a person or an individual, but a private man claiming all of his rights, whether antecedent or pursuant to the Tennessee constitution and its bill of rights, and all unenumerated rights, as well as those recognized implicitly in that document” and that I am “without any corporate capacity.” My filing states: Tulis “denies any and all presumptions against himself as in any other character, declaring he is one of ‘the free people’ in the state of Tennessee and a citizen of this state.”
These people are going to have to deal with me as a man, not as an animal or a piece of property they control.
Please, please pray for me in this project for liberty.
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