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At fork in road, Lee turns in favor of ruin, misconduct, denial of due process

Gov. Bill Lee, on April 2, rejected obeying his duty under the Tennessee code — turning to the right into the world of unlimited emergency powers, and not to the left — into submission to the health law, with its protection of constitutional rights and requirements for a lawful determination of cause.
A picture of economic ruin in the labor market. (

At fork in road, Lee turns in favor of ruin, misconduct, denial of due process

The people of Tennessee are suffering grievously under misgovernment and maladministration of Gov. Bill Lee since April 2, when he decreed the entire population of 6.8 million people in the state to be under house arrest.

By David Tulis / NoogaRadio 92.7 FM

His order for isolation and segregation was not done in the language of quarantine, nor under the authority of the health law at Tenn. Code Ann. § Title 68. Rather, it was an executive order legally applicable to employees of state government; Gov. Lee issued EO No. 14 as intended to be applied broadly upon the population in general — a healthy population — outside the scope of his authority and under color of law.

At the very least, his heeding advice of lawyers on staff and in the attorney general’s office is a criminal offense of official misconduct, described when one “[c]ommits an act relating to the public servant’s office or employment that constitutes an unauthorized exercise of official power” or “an act under color of office or employment that exceeds the public servant’s official power” Tenn. Code Ann. § 39-16-402. 

Unparalleled damage to public

To shut down the state economy at the loss of billions of dollars in business and earnings and the injection of hopelessness, indolence, poverty, failure and violation of free association and rights of religion are harms that cannot be undone, and which are grievous and immediate. The hotel and lodging industry in the capital city lost nearly F$2 billion. In Chattanooga, losses stagger the imagination. CBL the mall operator was sorely oppressed by the CV-19 Lee-ordered lockdown and is seen filing for bankruptcy over F$3 billion in debt by Oct. 1. The operator of Tivoli Theater and Memorial Auditorium has lost F$4 million.

“Barry White, CEO of Chattanooga Tourism Co. which has a goal of inspiring people to visit Chattanooga, said that travel and tourism has been hit more than any other industry. Restaurants, lodging retail and entertainment iare where travelers spend money. One third of the people in those businesses lost their jobs, according to (Gail Perry, “Finley Stadium Set To Reopen With Fans Welcomed Back; Facility About Out Of Cash,” Aug. 18, 2020)

The misconduct is so unrivaled it has virtually destroyed the state’s biggest and most lucrative cartel, its public school business.

“It is a well-settled principle of the law, statutory or common, whenever a duty of a public nature is cast on one, any neglect of the duty, or act done in violation of it, is indictable.” Robinson v. State, 42 Tenn. 181, 183 (1865).

No basis for any CV-19 acts

Gov. Lee is running his show on a breath and a punctuation mark — ignoring the Tennessee health code that has strict rules on epidemics, declarations, findings of fact and proofs of disease and contagion. These rules have been ignored — as have the rights of the people. The health law contains the due process protections that prevent the sort of overreach that across the U.S. is decimating capital, interrupting commerce, halting travel and putting millions on the dole.

In reporting on this state-created crisis from early March, I have analysed the law in detail and determined the only remedy is a common law writ to compel obedience to the health law. The first mistake of the Lee team was failure to discern the scientific and medical basis of the condition whose symptoms are called Covid-19, or CV-19. The unknown state of this condition, and the unknown means of transmissibility are crucial lacks in the medicine.

They are fatal lacks as a state actor.

Without a determination of cause and source of the condition, and its means of contagion (the agent of contagion), there can be no lawmaking, directing, ordering, commanding, dictating and whatnot


Especially none, when these acts and purported delegations violate clearly established rights of the people in the constitution, such as that of religion and association and earning a living. Everything that Gov. Lee has done violates the absolute prohibition on acts that are arbitrary and capricious. 

These are powers incapable of being exercised lawfully when a contagion appears in the population if there is finding or determination of cause and source, and the basis of transmissibility.  These are the ultimate facts — in his job — the ultimate controls. What does the law require? What is his known legal duty?

There hasn’t been any such finding made public.

The Republican / Democrat show is entirely extemporaneous, holding the people as nothing,holding them and their commerce, travel, lives and customs as nothing. The crucial essential failure, first mistake, is in the Tennessee code annotated, the ultimate fact for a public servant.

In the cases on misconduct:

➤ In prosecution of police chief for misdemeanor while in office, evidence supported finding that chief was guilty of willfully failing to carry out his duties in that he did not prefer charges against police captain, who allegedly had been driving while in intoxicated condition, and did not report the matter to city manager. T.C.A. § 39-3201. Broyles v. State, 1960, 341 S.W.2d 724, 11 McCanless 571, 207 Tenn. 571. 

➤ Evidence that defendant, chief of city police force, attempted to modify accident report and later used his official position to order subordinates to rewrite report, to benefit of driver involved in accident who was defendant’s close relative, exceeded his official power, and was therefore sufficient to sustain conviction for official misconduct. West’s Tenn.Code, §§ 39-16-401(3)(A), 39-16-402. State v. Brewer, 1997, 945 S.W.2d 803.

Remarkable resource

Hal Anthony, who runs Jefferson Mining District in Oregon, does a two-hour weekly podcast. I find his extended analysis of how to fight the CV-19 pandemic of state abuse of great help. The link to Behind the Woodshed is here, with reference to the Aug. 9 presentation.

The Tulis Report is 1 p.m. weekdays, live and lococentric.


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