Your honours, why are you allowing the overthrow of government in Tennessee? Why is the judiciary refusing to properly deal with an emergency petition such as mine in State of Tennessee ex rel David Tulis vs. Gov. Bill Lee et al?
By David Tulis / NoogaRadio 92.7 FM.
That is my demand for the Tennessee supreme court.
Following Friday’s hearing in Hamilton County in chancery, I am fed up with games played by people such is Judge Pamela Fleenor, who has sat for 30-plus days on my petition for writ of mandamus, which she has no option but to grant — and overthrow Tennessee’s Covid-19 state of emergency as a fraud and a revolution against the people.
She has no option to issue it because the demand I am making in mandamus is pretty simple: That the governor be ordered to obey the law.
Rejecting her ministerial duty
That is not controversial. That is not speculative. That is not a bizarre to ask.
It is not asking for something outside of the authority of the governor.
It’s not outside of Judge Fleenor’s powers.
But Judge Fleenor refuses to grant petition for writ of mandamus and is rejecting her ministerial duty to sign my decree pro confesso. I know “pro confesso” sounds like a mouthful, but here’s what it means. She has no duty but to accept my affidavit of fact — my initial complaint at 34 pages and 11,000 words — which tears apart Gov. Lee’s overthrow of state government and his godless and wicked defiance of his oath of office.
Pro confesso means simply that the judiciary takes the record of Lee and health department boss Becky Barnes’ acts as already established as a matter of record, already confessed, as it were, allowing her for on-the-spot ruling for a writ of mandamus.
Signing the decree confesso, which came in a motion 15 days after she got the case, means the court says all the evidence is in, and it can order the governor to obey Tenn. Code Ann. § Title 68-5-04.
How to defend your due process rights
A “confesso” means the court believes Gov. Lee has admitted to disobeying the law in flagrante, bypassed by going over its “complexity trap” for government.
He bypassed going into and through this legal rough patch. Maybe he could go around it on the left, or around it on the right, or under it — all to bypass its exacting provisions for local and state health departments.
Viewing the law as a complexity trap might make you feel sorry for state government and its employees.
But the people’s rights to due process and limited constitutional government is bound up in the details of the statute. It sounds like we have bad law, a mean and unfriendly law, giving a hard time for state government. But the difficulty in obeying § Title 68-5-04 is forgetting that the people’s due process rights are protected by the specific duties upon the state in that law.
Without tough requirements on establishing a disease and an agent of contagion — the state could declare an epidemic, declare a pandemic, hold the people hostage, order people who are healthy to quarantine, shut down businesses and schools and ruin the economy because “the sky is falling.”
But — wait, isn’t that what has been happening for the past 236 days in Tennessee and across the U.S.?
Gov. Lee, attorney general Herbert Slatery, the leaders of the general assembly and other members of the establishment gang are violating the law, they instead do what they “think best.” They make it up as they go, and follow conventional wisdom. “Social distancing” is the thesis of a high school girl’s term paper that made an impression on a high federal official. Other modish remedies are in play, such as wiping down classrooms of shuttered schools and having mask monitors ordered at doorways of restaurants such as Frothy Monkey.
Officials — rejecting the restraining glories of the Tennessee constitution — run state government in flagrant violation of the good, honorable terms of 68-5-104.
Fleenor wants people ‘to enjoy freedoms’ under Jim Crow
Judge Fleenor, elected to office, a professing Christian, a presbyterian, is refusing to give justice to state of Tennessee and her 6.8 million people.
She is refusing to order a member of the executive branch, the head of the executive branch, to obey a law that is his duty to obey. The health code is entirely chargeable to the executive branch, and Gov. Lee, who overseess and does his job through the agencies of the state. These agencies, such as the Department of Health, run pursuant to statute.
Judge Fleenor, 60, was elected in August 2014. She is a member of several groups responsible for the losses of common law rights and the growth of commercial government. She pays dues to the state and local bar associations, and figures at the Southeast Tennessee Lawyers’ Association for Women and the Justices Ray L. Brock, Jr.-Robert E. Cooper American Inn of Court. She also joins huddles with others who influence the direction of court rulings and verdicts. She is on the executive committee of the Tennessee Judicial Conference and the Tennessee Trial Judges Association, bodies that help organize and maintain legal fictions that undergird Jim Crow.
Chief among these defenses of Jim Crow abuse of the African-American and all others is the misuse of the state’s shipping statute at Tenn. Code Ann. § Title 55 and the carrier code at Title 65, chapter 15, to impose criminal actions upon travelers in their cars and trucks, in support of the police-judicial industrial complex on which I have widely reported.
As a practicing Christian, Judge Fleenor is a member of Lookout Mountain Presbyterian Church. In an application for an open appellate court seat in February, she says,
I love the law, this great country and the freedoms we enjoy, and I want the people of Tennessee to continue to enjoy their freedoms.
Converting meeting into a hearing
I am going to Nashville to report on a hearing in her court Friday.
Court officials illegally and illicitly converted a meeting into a hearing, despite my saying I didn’t want a hearing, though I was demanding a ministerial (or, some would say, a judicial) act.
At a hearing, a judge has the ability to adjudicate a matter; she can “decide” for one side or another.
I had demanded the meeting to discuss case management, as no mandamus had been issued nearly 30 days and the case was not at the front of the docket.
But clerk and master Robin Miller converted the meeting into a hearing, all the while insisting it was a meeting dealing with administrative issues, not judicial ones. I said I didn’t want a hearing, but at the same time insisted Mrs. Miller had authority to issue the writ of mandamus based on the court record I had filed as my complaint Oct. 2.
Neither Judge Fleenor nor clerk and master Miller have authority to call a hearing, either today or some time into the future. Mandamus must issue because the governor is outlaw in flagrante delicto and Judge Fleenor cannot show him favor and partiality by allowing him to continue engorging himself on the ruin the the state and her people.
According to my research, Mrs. Miller and Judge Fleenor have authority for only one thing: Impose mandamus — to let mandamus lie, as the law books say. She does not have discretion. Her task is ministerial. Ministerial implies that there is no wiggle room, no discretion, no option for her in what she has to do. Things are black and white when a task is ministerial. No gray is before her. No shades of right or wrong. Because outlaw officials and hirelings admit they are wrong, there is no appeal.
Mandamus shines a light on the chancery path of duty. Miller’s path. Fleenor’s path. Lee’s path. Judge Fleenor must advance herself down that path in her judicial job, to command the chief of state to do his job. And do it now.
That means voiding as nullities all Gov. Lee’s executive orders, undoing all directives and advisories. Ending all pretended legislation and rulemaking against people under Title 58, the emergency statute, which he has illegally used, milking for all its worth the dependent clause language that his EOs “have the force and effect of law.”
Delay is damage, dishonor, violation
What appeal does the governor have to make when he is in open disregard of the statute? What to say except, “Sorry, I’ll stop! And please — vote for my re-election”?
Delay is dishonor.
Delay is damage.
The Fleenor delay multiplies the injury, the humiliation of the people, pushes into the future their liberation from the Jim Coppinger and Andy Berke benevotyrannies of masks, social distancing, closures and extortion threats. What discretion or election remains to her in this matter?
It is no different than the discretion by which the governor performs his job. As to law, he has no choice but to obey the statute. My Oct. 2 complaint holds him to account. I am also holding Judge Fleenor, who loves American freedoms, to account.
I am going to Nashville to the supreme court and demanding an audience with the five justices led by Jeff Bivins.
They are responsible for conduct of lower courts, and failure to act today is cover for incompetence or corruption. It is an obstruction, hindrance, delay of justice, of denial in a matter of great public importance. Chancery has a duty to protect the public and the people, and it is refusing to do so in Hamilton County.
Fleenor inaction is an affront and harm to the public when she deliberately refuses to act. This is a direct assault on the integrity of the court system, an assault on the institution itself that the judge allowes rogue state actors to hide behind her skirts in offense to the state and the people who reside in it in a continuing harm to the public.
No denial of evidence of corrupt and even criminal acts. The respondents’ actions hide a secret agenda that is destroying the health care system, the family, small businesses, commerce and travel.
The command under mandamus is for an ordinary thing: Obedience to the law as written. I am demanding an ordinary thing be enforced, and that enforcement by chancery in Hamilton County or in the supreme court.
Sources: David Laprad, “Locals attorneys, chancellor apply for Court of Appeals opening,” Hamilton County Herald, Feb. 14, 2020. https://www.hamiltoncountyherald.com/Story.aspx?id=11131&date=2%2F14%2F2020
