My petition for writ of mandamus in Tennessee is a model for such actions across the U.S.
I am awaiting a response from two respondents, and a first action in chancery court. So, let’s see what happens.
In the meantime, look at your state’s law to determine their duties during an epidemic.
It’s not our job to produce any evidence, but the state’s job to prove by evidence that they have complied with state law requiring each of them to determine an infectious agent for conditions or symptoms such as CV-19.
We don’t have to prove anything about the disease, masks, mitigation, social distancing or anything. We just have to demand evidence that the state has obeyed the law by proving it has compiled with the statute touching on contagion identification, determination, isolation and identification.
All the states have similar laws with similar obligations, according to Hal Anthony of Jefferson Mining District in Oregon and host of Behind the Woodshed, a webcast about due process and how to fight back.https://www.reallibertymedia.com/behind-the-woodshed-podcasts/
In my state, here’s the key language that contains your due process rights protections.
Tenn. Code Ann. § 68-5-104. Isolation or quarantine
(1) 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 upon which the case, cause or source may be found, as may be required by the rules and regulations of the state department of health.
Officials’ obedience to these requirements are a barrier to totalitarian tyranny under the guise of pandemic or fighting disease. If bureaucrats have to perform these difficult steps, they cannot simply declare a pandemic and order you under house arrest and put you out of business.
When they act outside this law, the state actors are in a state of personal and governmental liability. If they are liable and in violation of law, you simply must go to the judge and demand they be made complaint.
My case in my county chancery court identifies the state of Tennessee’s first mistake and demands the judge order it to go back, start over, and begin its CV-19 project from a right legal footing. What was its first duty? And did it honor that duty? Officials have a duty and obligation in their first duty, they cannot go to any other steps by way of emergency decree, emergency management, lockdown and mitigation orders.
Do you see how these particular laws, here in a single sentence, contain your due process rights? Limits on state action protect your exercise of your liberties.
Mr. Anthony’s argument is that everyone can use either writ of mandamus or writ of habeas corpus to overturn state tyrannies under CV-19 or Covid-19. Habeas corpus is usually known in the context of jail or prison, where the prisoner demands to be taken before the judge to determine if his jailing is pursuant to law. A person locked into a house or under some form of phony quarantine can use that remedy. It’s low budget, and highly powerful. Habeas requires the state actors to justify their acts and their authority.
Protest won’t bring change
Marches, speeches, public protest and demonstrations have little effect on public servants. They won’t listen to Chattanooga-area people who will gather Nov. 1 downtown at the riverfront for speeches and a march. Protest will have no result. They’re good if we have of other means.
To be effective, to protect ourselves and our cities and states, we must study closely the laws that authorize the acts of, in Tennessee, Gov. Bill Lee and Becky Barnes, a nurse who is administrator of Hamilton County health department.
How to shut down their fraud?
➤ Determine their duties.
➤ Figure out what their steps are to be.
➤ Check: Did they follow these steps?
➤ Can they provide written evidence of their having taken these steps?
Mr. Anthony, a legal researcher for the mining association, says determine by demand letter whether your oppressor has obeyed black-letter law:
Where the duty is upon the official to determine the source of the communicable disease and he has not certified this to the public — or as in the present case by facially inadequate or fraudulent orders, together with the CDC and FDA confirming that there is no test for an infectious agent for CoViD-19, the purported test being only able to identify antibodies, not the cause or infectious agent — you can, upon at least a good faith reliance and reason, conclude the official failed to determine and could not determine the source to invoke the rest of any of the powers that have to various extent been implemented without lawful warrant or due process and have caused irreparable harm.