by David Tulis / NoogaRadio 92.7 FM
CHATTANOOGA, Tenn., Sept. 7, 2021 — An investigative journalist suing Tennessee Gov. Bill Lee for ignoring the state’s key health law today submits legal arguments to the court of appeals demanding four orders of dismissal by an unjust judge be thrown out.
A key point in my appeal is that the law requires the state — county by county — to make a determination of the cause of the CV-19 infection by having an isolate, then determining how to retard its spread. ‡ Gov. Lee admits in court he has no isolate for Covid-19, and that he is involved in massive fraud upon the public. He says I cannot try to stop the fraud because hundreds of thousands of people have been harmed. Since my harms are “common to all the citizens of the state of Tennessee, not just the petitioner,” I don’t have standing, he has successfully argued 544 days into his health-terror disaster.
My work in court to show my grievance is of great public interest is forced by the judge to cannibalize another part of my claim, that I suffer a private harm. Thanks to chancery court judge Pamela Fleenor, each cancels the other out, and I am bereft of a voice to speak before the bar.
Lee ignores the six steps in 102 words requiring him to make a “determination” of what the law nearby calls a “contagious principle” or agent of contagion, deflecting my claims on procedural grounds. That tactic requires him to admit all the facts I enter into the case when I filed it 340 days ago in October 2020.
He admits all the facts before Judge Fleenor, who for 201 days looked at the case through a straw. She ignores her judicial ethical duty to understand my intentions (required by her rules) and to obtain relief from parties who have “negative equity” in violating the law and cussing back their oaths of office. So strongly do state judges favor her heroic labor that in June the Tennessee Judicial Conference tapped Fleenor president-elect.
The sum of Judge Fleenor’s rulings is that because Gov. Lee has agents, he is not responsible for administering the health law. His duty in the constitution is to “take care that the laws be faithfully executed,” article 3, section 10. He has a “commissioner” of health named in the statute at issue, T.C.A. § 68-5-104; and “local health authorities” also are named. But his office is not “named in the statute” — so he is not liable to be held to account for the breach, the court frivolously holds.
I am asking the appeals court to determine that I have been harmed, that Gov. Lee and local administrator Becky Barnes have a duty to obey the law, that they are acting without a “nonfraudulent exigency” or warrant or cause, that they admit violating the law, and that all their edicts, orders, policies, projects, programs and directives to deal with the purported pandemic be struck down as null and void. These illicit acts are done in their persons, under color of law, apart from their offices, and thus illegal and unconstitutional, I argue.
The power of writ of mandamus
The action is for a writ of mandamus and for equity. Mandamus is a powerful, instantaneous and little-known special remedy to set a foundering ship of government aright. By writ, a judge directs an official to obey the law and perform what’s called a ministerial act. Such an act is different from a discretionary act. Mandamus has no power to compel a particular act that is discretionary — only one that is nonoptional and compulsory. State law requires mandamus to be handled “forthwith,” meaning immediately if not sooner — in days, shoving aside all other cases on the local docket. The parties insist the law does not apply to them, and that they are using discretion to avoid the law. Hence its claims do not apply to them. Pretty good, if you can get away with it.
And they have been.
My lawsuit catches the two “intrinsically linked” respondents in flagrante delicto violation of the law — in the middle of an adulterous orgasm, as it were, and they can only stammer and mumble as I throw open the door. The best words that fall from them are that Lee is not under “any duty” (italics in the original — to catch the judge’s eye) to obey the law and that Mrs. Barnes is not bound by T.C.A. § 68-5-104 because I “failed to allege [a] nondiscretionary act *** that respondent failed to do.”
Standing is the only recourse for respondents in their effort to deflect the substance of my claims for the state and her 6.8 million people. Without standing, according to the judge, there is nothing justiciable in the case, and I am dismissed. I might as well have filed blank sheets of paper with the court rather than a chock-full 37-page complaint, she indicates. There is nothing the court can do. There’s not enough friction between the two sides in this case to warrant the court taking any action, Fleenor effectively rules. Nothing in the complaint stirs the heart of equity and justice to bring anything but dismissal.
Tennessee drew national attention in August as Lee executive order No. 83 notes that “temporary quarantine and isolation facilities may be constructed” without the usual rigamarole of building standards. It’s possible to draw comfort from the fact that since Gov. Lee followed CDC guidelines to overthrow the constitution in a pretended pandemic he will also follow guidelines for running concentration camps for the healthy. In July 2020 CDC updated its “interim operational considerations for implementing the Shielding Approach to prevent Covid-19 infections in humanitarian settings,” tips on camp management.
Gov. Lee, a conservative businessman and practicing Christian, entirely ignored the key health law in his first Covid executive order March 12, 2020. Before filing, I determined there was not even a yellow sticky note of evidence that he and his staff studied the law to administer it and comply with it. Gov. Lee turned the state into a penal colony with a “lockdown” April 2, with no nonfraudulent warrant or exigency upon which to base it. If we cannot trust him at the start of the crisis, what about the latter end?
Those who trust him to restrain use of police power in building isolation facilities and putting people into them are naive, given the record. Reports indicate that, in Australia, such camps exist for quarantining people who are not sick. Two more 2,000-person “centers for national resilience” are under construction, and reports indicate prisoners endure a living hell. https://www.nytimes.com/2021/08/20/world/australia/howard-springs-quarantine.html
Defending limited government
I am defending the limits on state power imposed by the state constitution, which envisions police power operable upon men and women individually and personally, with cause, reason or court order. The state and its agents, in other words, are forbidden from using power upon people en masse. No mass pat-downs. No mass temp checks. No mass arrests. No mass trials. No mass incarceration. No mass home confinement. No mass presumption of sickness. Police power operates upon cause, and judicially determined — not administratively, not by threat and bluff and deceit, but by legal process, person by person, with the due process rights of the individual scrupulously respected.
These protections of the individual, the church, of private callings and the family arise from Christianity, in their best form have always been hostile to despots. Defending these limits upon the state is a Christian labor, like that of church deacon (which office I once held), cleaning tables and tending to widow and orphan. It’s a continuing lesson in Romans 13. It is entirely by my own initiative that I am in court, knowing in the end I stand absolutely alone, with God’s providence and care — and donor support at GoFundMe.
Foreign law on my native soil
The chief wrong is that Gov. Lee and the local respondent Mrs. Barnes ignore the law and convert foreign advice (from the CDC, WHO) into law. The job of the appeal is to defend my complaint as sufficient to give standing and obtain relief by the nullifying of all of his decrees and orders.
The petition evidences, and reality has proven out, that fraud, subterfuge, confusion, and deceit pervade the respondents’ purported response to the 2020 influenza, flu, under various names, aka SARS-CoV-2, under pretended and unwarranted emergency powers law at Title 58. Respondents refuse to identify an infectious agent, ignore duty to “determine the source or cause of the disease” to better combat it, lie about the PCR test that cannot differentiate between influenza and the lab synthesized RNA gene coding, which generates false positives and hence growing panic. The domestic “pandemic” is proving fraudulent, a numbers-driven condition stirred by people in foreign jurisdictions, with local and state duty to identify “something communicable in a locale” and aided by a wrongfully promulgated rule, the relief sought of which is likely reformation in the demand. No local first case is evidenced pursuant to law, except misleadingly, and presumptively and fraudulently, by delinquent admission of respondents.
My filing, at 20,000 words, obviously contains many gems — enough to win reversal, I pray.
Repeated breaches of due process
Judge Fleenor, a conservative Republican, proves herself hostile to my petition from the first moment. Her due process violations are rich enough for legend. She does not let me file an answer to the respondents’ motion to dismiss, converting two motions to strike into answers. Rejecting the immediacy required in a mandamus case, she grants a one-month extension to answer to Mrs. Barnes, entering her order to set a hearing date on that request nine minutes before I timely file a written objection. Judge Fleenor refuses to doff her chin diaper at a hearing, and compels me to mumble through a scarf over my face or be thrown out. She violates the Americans with Disabilities Act by denying my request to overcome an aural-visual disability (I must see lips move as I listen to people speak, to communicate).
She refuses to properly interpret a judicial branch order to treat my Covid-19 lawsuit with special regard, spurning thus her rules of ethics that she be impartial, and give appearance of same. Judge Fleenor fictionalizes the record regarding when the parties were served, denying motions of default to both Lee and Barnes, late sending in their filings in a suit that demands instant “forthwith” solution by law. She defames me repeatedly, as do the respondents, turning me into a bankrupt corporation and my case into an at-law case for damages, when I am not seeking damages, only equity, and am in the court as an aggrieved “private man” before a court “operating on the land and in equity.” She imposes illicit costs on me of $10,150.00 plus expenses of $416.82 payable to a party in admitted, unaddressed fraud in her court of justice. She lets lawyers in on the fraud draft multiple orders against me, and faults me for not having drafted for her a sample writ, saying that lack of an “alternate writ” makes my petition “procedurally deficient.”
Meanwhile, her role as unjust judge puts on her shoulders the arrival of the CV-19 jab program run by Mrs. Barnes’ health department in Hamilton County. More than 42 percent of Tennesseans have gotten all the jabs. In the county, 47 percent of the people have been gulled into getting the shot, if departmental data is to be believed.
Across the U.S., at least 13,911 people have perished from the jabs, mostly within days, according to reports on VAERS, the vaccine adverse events reporting system run by the FDA, in an unprecedented lapse of regulatory judgment. In the past, the U.S. pulled the plug on a vaccine at 50 deaths as too dangerous.
Judge Fleenor, with her findings, determinations, discerning, holdings, deemings, concludings and takings judicial notice, served her department well. I filed a three-part administrative grievance over her maladministration of the case with the supreme court in Nashville — each summarily denied. To shed the light of liberty where the roaches of servility crawl, I filed in Fleenor’s court a notice of judicial department mass fraud, showing how far gone is the system of Republican representative government in the Volunteer State.
David Tulis is editor of TNtrafficticket.us and runs Tulis Report at NoogaRadio 92.7 FM weekdays at 1.
‡ No isolate is available, as the CDC admits in its document, “CDC 2019-Novel Coronavirus (2019-nCoV) Real Time RT-0PCR Diagnostic panel[;] for emergency use only,” at p. 40, “Since no quantified virus isolates of the 2019-nCoV were available for CDC use at the time the test was developed and this study conducted, assays designed for detection of the 2019-nCoV RNA were tested with characterized stocks of in vitro transcribed full length RNA (N gene; GenBank accession: MN908947.2) of known titer (RNA copies/μL) spiked into a diluent consisting of a suspension of human A549 cells and viral transport medium (VTM) to mimic clinical specimen.” In Tennessee, a determination of what the law calls the “contagious principle” must be made at the beginning of an outbreak. Among the duties in the Tennessee health law are these at Tenn. Code Ann. § 68-5-104.
➤ Receive a report of a local case (“on receipt of a report of a case”)
➤ Recognize the dangerous special nature of the case, if it is not a familiar illness (cholera, yellow fever, smallpox and other epidemic diseases such as TB), the condition which is to be “declared to be communicable, contagious”)
➤ Coordinate with the commissioner of health, who has identified and isolated the illness (“one which has been declared by the commissioner of health to be subject to isolation or quarantine”)
➤ “Determine the source or cause of the disease” (discern the isolate of, say, a novel coronavirus)
➤ Use police power, notice, postings, legal action and other means to “take such steps as may be necessary” on a case-by-case basis “to isolate or quarantine the case or premise upon which the case, cause or source may be found.”
➤ This process occurs “as may be required by the rules and regulations of the state department of health,” properly applied.