Judge Pamela Fleenor has set a hearing two months out after having received from me a petition for writ of mandamus.
By David Tulis / NoogaRadio 92.7 FM
The petition empowers her to end the Gov. Bill Lee-caused state of disaster against the people and his overturning of constitutional government by fiat, pretence and fraud.
The medical terror state he raised around us since March is set to be thrown down.
Judge Fleenor, in chancery, has in hand a scalpel to cut out the cancer that has metastasized across the state and slashed to ribbons the distinctions among the three branches of government.
Just as cancer cells are rebels against the body — growing as they see fit, and not according to plan — Gov. Lee has wrecked the constitution with the crooked cancer cells of emergency fiat.
His emergency decrees give him power to legislate upon the people at large (unheard of in a free state, with government serving and protecting what the constitution calls its “free people”). Gov. Lee and his allies down through city councils and county commissions have voided the promise of honest government services and obedience to all laws in Tennessee code that apply to them
But Judge Fleenor, the most powerful person in the state today, can change all that.
The scalpel in Judge Fleenor’s is the writ.
Writ will upend state of disaster
I am demanding repeatedly in court filings and in oral arguments Oct. 30 that she wield the scalpel and cut out the cancer — that she issue the writ of mandamus. I insist that since the governor is outlaw, she has no discretion but to issue it and to order him to compliance.
As American Jurisprudence states at the start of a 438-page article on my proposed remedy, “Mandamus is a remedy at law whose purpose is to execute, not adjudicate, established legal rights in an expeditious manner. Mandamus strives to promote justice and to prevent irreparable harm. *** A writ of mandamus will not be issued temporarily, and it is not a punitive remedy; it merely protects civil rights and prevents unconstitutional conduct.” § 2 Nature and purpose
In my lawsuit, I represent state of Tennessee and all the people in it. I am demanding she issue a writ today.
However, though the scalpel is in her hand to cleave the cancer and bring healing to the people and the state, she has insisted it’s not in her hand. It’s in the instrument tray, as it were.
She set a hearing 61 days out after having received the petition Oct. 2.
The accused parties in the case are in default.
Judge’s unmerited favor to lawbreakers
They have not given answer within the 30 days allotted for a normal civil case.
But Mrs. Barnes and Gov. Lee are violators of the law. They have no standing, having admitted and confessed their violation of law to me prior to my filing suit.
They have no clean hands.
They have no equity.
They have no standing in which to plead for “more time” or, as the law calls it, “enlargement.”
And yet — and yet, Judge Fleenor is giving them grace and largesse.
She is giving favor two lawbreakers as against you and 6.8 million other people in state of Tennessee. Every day she fails to issue the writ — to tell them to obey the law at Tenn. Code Ann. § Title 68-5-104, she gives them subvention and subsidy to continue their wrongs.
Judge Fleenor is letting them remain unchallenged as outlaws.
The malefactors continue to run their show of tyranny and despotism, from mandatory facemask rules to dysfunctional anti-free market, anti-economy, anti-constitutional directives about business, seating arrangements in restaurants and other legislation from the hands of the governor.
Such power has the governor that my church, North Shore Fellowship, forbids me at worship Sunday morning because my bare chin is outlaw. I am, instead, worshiping at Christ Reformed Church in Soddy-Daisy.
Travel bans, “stay-at-home” orders (house arrest), rules for business, mask mandates — all are possible if the essential law is ignored.
Judge Fleenor has the scalpel in hand. The petition for writ of mandamus empowers her to end the 249-day-old disaster.
Judge Pamela Fleenor has power to end it now.
On Nov. 10 she ordered a hearing set Dec. 2. That’s 61 days after her having received my emergency petition. Mandamus is peremptory, emergency, urgent, places itself at the head of her docket.
Judge Fleenor is the most powerful person in the state today. She has in hand the instrument of surgery to make the patient well today.
I demand she issue the writ today. Issue the writ.
There is no option if justice and equity are to be restored to us.
