To fight back against Corona virus-19 despotism, your job is to understand the first mistake your state government made.
By David Tulis / NoogaRadio 92.7 FM
In Tennessee, the first mistake was the blatant and courageous ignoring of and defiance of the state health law.
The government in Nashville is operating a health theater, and we in the audience are wearing our tickets on our chins.
In all the states, the theater intends to convince you that you have no due process rights comet no means of appeal, and that you as a member of the general public, or the people of your state, are subject now indiscriminately to executive government power through the governor’s office. The paragraph your fight against this system needs to locate the known legal duties that the governor and his health officials are ignoring.
In those provisions you will find your defense.
Your defense is called due process.
Any action by government that ignores the duties upon that government and its agents is your due process rights. Your rights keep out out of view of government and police power. You generally come into the notice of the state and the police power only under the limited and proper conditions.
In Tennessee, and probably in your state, the people in general are invisible to the government. The state “sees” you in two ways:
➤ These are people who are alleged to have committed a crime, and so come into view of the city state through the police and court system.
➤ Those who obtain a state privilege of some kind, a privilege being permission to perform an act or an occupation, trade or calling otherwise illegal or state owned. In Tennessee the most common privilege is that of driving and operating a motor vehicle, a privilege that everyone who is a motor carrier, hauling goods or people for hire, must have to run that business on the public’s roads.
Finding due process duties in rules
In regulations and laws you will find provisions that are easy for bureaucrats to ignore, either deliberately, or in ignorance.
Let me show you what I’m talking about.
➤ Over 18 pages Tennessee’s health department has rules telling its agents and employees how to do their jobs. A carrier of CV-19, supposedly, is a danger to the public. The document is titled “rules of Tennessee department of health, health services administration, communicable and environmental diseases services, chapter 1200-14-01, communicable and environmental diseases.”
Here’s the definition:
Carrier – A person who harbors, or who is reasonably believed by the Commissioner, health officer, or designee to harbor a specific pathogenic organism and who is potentially capable of spreading the organism to others, whether or not there are presently discernible signs and symptoms of the disease.
The phrase “reasonably believed” is where you make your resistance and appeal. It’s not just believed, but reasonably believed “to harbor a specific pathogenic organism” and who is “potentially capable of spreading the organism.”
Reasonableness as a standard lets you force upon the persecuting health staffer a job he’d not anticipated. That of proving reasonableness. And until the state can show and prove under the laws of evidence the duty of reasonableness, nothing evil can be done to you.
Reasonableness is the concept that you use in your defense. Effectively, the state has to give notice, allege, prove before a tribunal or judge its allegation of your being infected.
What is a ‘case’?
People who play along, or who merely say “no” without offering a substantive defense, end up complying with the state edict.
➤ You can challenge the work of the health department and the “good people” in your Tennessee county by demanding evidence that local data is accurate. It’s inaccurate (and overblown on the CV-19 numbers) on several grounds. But one is this.
The word “case.” Have a lot of Coronavirus “cases” in your county?
The definition:
Case – An instance of an individual or group of individuals who have contracted a reportable disease, health disorder or condition under investigation by CEDS.
CEDS is communicable and environmental disease services of the health department. Notice that a case includes an “investigation by CEDS.” If there’s not an investigation in the record, there’s not a case. You can force your attacker to show by documentary proof that the cases its cites all had attached to them — each and every one — an investigation. Without that, very likely your case is in bad faith, done in malice, under color of law, under pretense of authority, or ultra vires.
There are other details that strongly suggest how you might throw a rod of rebar into the finely tune workings of fly-by-night and make-it-up-as-you-go administrative government.
➤ What about “communicable disease.” The definition cites “infectious agent” and mentions “toxic products.” Have these been established scientifically and legally as part of the agency’s administration?
Communicable Disease – An illness due to an infectious agent or its toxic products which is transmitted directly or indirectly to a well person from an infected person or animal, or through the agency of an intermediate animal host, vector, or inanimate environment.
➤ Your business is a wreck, your obligations are not being met, your personal cash flow is half of what it was in February. You are victim of absolutist executive government operating outside the scope, government that pretends, suddenly, that it can see you (one of the people of Tennessee) apart from either a crime or privilege.
It is involved in responding to a pandemic. So it says.
➤ Has State of Tennessee determined the cause of Covid-19 generally? Specifically, in a particular man or woman’s case? Probably not in a way that is provable in court. My reporting indicates it has not identified the infectious agent, defined as follows:
Infectious Agent – A viable pathogen capable of producing infection or disease.
➤ The state has created a remarkable category of someone who has CV-19 but whom agents don’t have to make a showing of it being present in any epidemiological sense. It is that of “inapparent or subclinical infection.”
Inapparent or Subclinical Infection – A person or animal has an inapparent or subclinical infection when the infectious agent has so mild an effect that even though infection is present and identifiable by laboratory means, it is undetected clinically.
➤ The power to quarantine is the ultimate in police powers in the health context. Tennessee, like other states, has redefined the term as of March. It shifts that power aimed at the sick and imposes it upon the healthy.
Quarantine – Limitation of freedom of movement or isolation of a person, or preventing or restricting access to premises upon which the person, cause or source of a disease may be found, for a period of time as may be necessary to confirm or establish a diagnosis, to determine the cause or source of a disease, and/or to prevent the spread of a disease. These limitations may be accomplished by placing a person in a health care facility or a supervised living situation, by restricting a person to the person’s home, or by establishing some other situation appropriate under the particular circumstances.
TN has failed reasonableness test
Quarantine is “limitation of freedom of movement or isolation” of a person or controlling property “upon which the person, cause or source of a disease may be found.”
Your due process rights lie in the health department having to prove legally that it knows the “cause or source” of the disease.
My inquiries in Nashville and downtown Chattanooga indicate the state does know the source or cause of the disease called Covid-19, which term merely describes the symptoms of what is said to be SARS-coV2, which also is a collection of symptoms, my reading indicates.
The state has not evoked epidemic control powers and is not “using” the health law at Tenn. Code Ann. § Title 68. It is operating, instead, under emergency powers, to which there is no limit, and against which due process is a dead letter.
Support me in my efforts to stop this war against us, against the way of life we’ve long known, and which is no harm to anyone, does no one an injury, and does not deserve being suppressed, under any cause or rationale.
Degringolade
