I’m the investigative reporter on whose show you appeared Wednesday. As we were on the air to hear from you, I dropped only hints about my reporting on the CV-19 state of disaster and the lawsuit vs. Gov. Lee over his demolition of lawful government.
In the Hamilton County chancery court case I filed Oct. 12, I am relator and aggrieved party. The affidavit of complaint in State of Tennessee ex rel David Tulis vs. Bill Lee, governor, et al, insists on obedience to Tenn. Code Ann. § Title 68-5-104 and demands issuance of a writ of mandamus to compel him to do so.
[This letter is to Rep. Jason Zachary, a Knoxville Republican who has filed a bill in the general assembly to put independent health departments in the state’s six biggest cities under control of elected mayors, rather than to be independent sources of legislation, power and control over residents. He gave me an interview on Tulis Report on Nov. 18.]
The governor and the entire legal and political establishment are involve in the overthrow of law binding upon the state, and of the constitution’s bill of rights — at almost every point. Their rejection of obedience to the law allows them to deny due process rights to me and to everyone else. Violation of this law abrogates representative government under the Tennessee constitution.
As investigative journalist I studied Lee’s lawless acts starting March 12 with the first executive order. The process was to find the first mistake the governor and his claque made.
The first slip.
Rather than focus on the rolling stock, I focused my analysis — and finally my tracer fire — on the locomotive pulling its train of abuses.
And that is Gov. Lee’s 100 percent disregard of Tenn. Code Ann. § Title 68-5-104.
Emergency suit — 50 days later
I filed suit 50 days ago — an emergency action demanding instant attention from chancery court. Thursday I filed default judgment demands vs. Gov. Lee because he has not answered my affidavit of fact and law.
He is in stark disobedience to the law that requires him and the local health department’s Becky Barnes to make a determination of an initial case of contagion, and to make a diagnosis and report on the contagious element or agent of contagion.
How can we have a pandemic if we don’t have, in any county, an epidemic lawfully determined and reported?
The crucial duty to diagnose has not been fulfilled. If it hasn’t been fulfilled, and no one knows what SARS-CoV2 or Covid-19 really is, not having determined the isolate, how can we know which mitigation measure works. How do we know that we are not wasting time, exacerbating the virus, misleading people, misinforming the public and injuring public health? How do we know the mask mandates and buying of detergents and PCR tests are not mere fraud and gaming the system with bid-free state business?
From rejection of this law, from denial of this duty, the governor has abrogated our liberties and turned the state into a penal colony and every eatery into a harassing sentinel for his policy. He and the high court judges who remanded my appeal for immediate action should be impeached.
There’s been zero reporting by every press watchdog in the state on this case. Even insiders like Eric Schelzig have not seen fit to mention the case.
Here’s my post on the filing, in which is a link to the time-stamped complaint.
The complaint has not been rebutted at any point, either by Becky Barnes nor by Lee. I have caught them in flagrante dilecto, in the middle of the crime of constitutional adultery, as it were. They have no words, as open malefactors in violation of their oaths.
Of late, Mrs. Barnes demands 30 days more time to explain why she’s disobeying the law. I fight to prevent that from happening. https://tnt23.wpengine.com/2020/11/fleenor-sets-hearing-61-days-after-getting-cv-19-demand-from-state-i-object/
Earlier, I had demanded a judgment pro confesso based on the unrebutted record, a ruling based on the filing itself, ex parte.
But chancery judge Pam Fleenor is acting prejudicially against the people in Tennessee, and the state itself. Her record in this case is one of delay and stalling. She grants grace to parties who lack standing and equity in the dispute. She granted 96 percent of Barnes’ plea for more time by administrative means — setting a Dec. 2 hearing date to “hear” the motion for more time, all the while in open disobedience.
As you probably know, mandamus is a peremptory writ. Judge Fleenor has no authority to adjudicate it, but only to execute it. After all, my demand is that the governor obey the law. My suit empowers her on behalf of 6.8 million people to bring the state-caused disaster by emergency decree to an end and to restore into society the goodwill, intelligence and self-help ways of the people of Tennessee.
The problem to focus on as lawmaker, I suggest, is not misuse of Title 58, emergency, but firming up Title 68, the health law, to prevent future abuse of “medical emergency.”
Current law, it appears, is sufficient to protect the people and properly control the health bureaucracy. Perhaps a criminal penalty could be added for future violations to 68-5-104, though I would say it violates the oppression statute.
Protections of rights ‘inviolate’
The government uses the provision in question to control VD and TB. Without determination of cause of the infectious agent, it has no power to so misuse police and quarantine power as it has with creation of a “quarantine” authority upon people who are not sick.
And, no, sir, the TCA does not apply to the people, as you claim in our interview. It applies to the government and the agencies managed by the executive branch. The Tennessee code tells the government agencies what to do in service to the people. And, no, the emergency power does not give the governor authority to legislate upon the general public nor to create laws or disobey them, as you suggest, especially if they abrogate anything in the bill of rights.
Note Article 11, Section 16:
The declaration of rights hereto prefixed is declared to be a part of the Constitution of the state, and shall never be violated on any pretense whatever. And to guard against transgression of the high powers we have delegated, we declare that everything in the bill of rights contained, is excepted out of the general powers of the government , and shall forever remain inviolate.
Emergency powers are limited to executive branch functions and executive branch people and operations. They do not give a generalized power over the nonindividuated plastic mass of the people. In our jurisprudence, government acts individually and specifically on men and women, either through the doling out of privileges or because of a crime or tort committed. Other than by these two means, the state has nothing to do with the people except to protect their liberties and property.
What Gov. Lee has done, sir, is turn the police power around 180 degrees. Police power upon contagions is aimed at specific and epidemiologically proveable sick people. He has turned the spotlight around and aimed its heat and force upon the general healthy public, promiscuously and without particularity.
Our law doesn’t allow for general warrants, mass arrests, mass trials or mass jailings.It doesn’t allow for mass quarantines and home confinement. It operates soul by soul, one by one. Only in oligarchies and dictatorships is there a power upon the mass of people as a whole.
I trust, sir, that you agree we need to overturn the status quo since March 12, and restore the republic once again to law and order. Respectfully yours, etc.
Law Lee, Barnes violate
§ 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.
(2) The commissioner is authorized and directed to promulgate and publish such rules and regulations as may be necessary to prevent the spread of contagious or communicable diseases in order to protect the public health and welfare.
(b) Any person isolated or quarantined in accordance with any statute or rule or regulation promulgated and published in accordance with statutes relating to isolation or quarantine, who willfully escapes from such isolation or quarantine, commits a Class B misdemeanor.
(c) Whenever any one of the local health authorities, either municipal or county as the case may be, isolates, quarantines or placards any person or house for communicable diseases, it is the duty of the health official to deliver or cause to be delivered to the head of the household a copy of this law or such portion of this law as may pertain to the particular case under consideration.