NASHVILLE, Tenn. Nov. 2, 2020 — I deliver today an emergency petition for writ of mandamus, filed Oct. 2 in Hamilton County chancery, and demand that mandamus issue from your hand today to compel obedience by Gov. Lee et al to Tenn. Code Ann. Title 68-5-104.
[The following is the letter I filed this morning with the Tennessee supreme court at the hands of clerk Jim Hivner. I am in Nashville with Carl Dure, a listener of Tulis Report at 92.7 FM, my witness. This demand is cover for a roughly 90-page record of state of Tennessee’s claims on my relation in Hamilton County chancery court. Chancery has failed to take the wonderful opportunity to liberate us Tennesseans from lawless government acts. I agreed with Mr. Hivner that the letter is my petition before the court, and am assured by “the gnomes” that it contains the eight essential elements of a petition. — DJT]
Hamilton County chancellor Pamela Fleenor has lightly esteemed the rights of state of Tennessee and her people, of whose grievances I am relator. She has refused her ministerial duty to issue immediately this emergency writ, which is peremptory, nonoptional, nondiscretionary and compelling.
I ask nothing shocking, extraordinary, unusual or hilarious. I demand the court direct a lawless governor and chief of the executive branch to submit to black-letter law and the Tennessee bill of rights, and obey this law in obedience to his sworn oath before the throne of almighty God in the name of Jesus Christ and through the power of the Holy Spirit.
Chancellor Fleenor has refused to act in a clear dereliction of duty. The court has no authority to refuse my timely and factual filings. Mandamus creates a nonoptional duty on the court to order a respondent to fulfill a nonoptional duty. If Lee is liable for performance of 85-5-104, there should be no stink or hesitancy from Judge Fleenor — or from this court, as she appears to have gone rogue — to order obedience, and for Lee to be ordered to cease all activity outside the scope of this law or contravention to it.
These officials are violating the rights of the people and breaching their trust with state of Tennessee, in violation of its peace and dignity, destroying its commerce and travel, and imposing dread and terror with incalculable costs without having made any of the legally required determinations of the source or cause of SARS-CoV2. Without mandamus today bringing this mass fraud to a halt, the people will suffer immediate and irreparable injury, loss or damage. This state-caused disaster has been in train 235 days,and respondents still have not made effort to obey the law. They have no basis for declaring a health crisis either in science, nor at law.
Relator rejects the Fleenor court administration effort to convert a Friday meeting about case management into a hearing and trying to convert relator’s peremptory complaint into an ordinary equity docket item.
A hearing implies that relator’s affidavit and exhibits await a judicial determination. There is nothing to be weighed or debated. Lee et al are without equity in the matter and are in criminal violation of law, having already admitted to their violations.
Judge Fleenor is denying my due process rights with delay and denial. She shows partiality and favoritism to respondents in refusing to issue mandamus, and rejects her duty to the constitution, to the law and to the people — to reverse the gigantic wrongs and disorder and losses brought by the first Lee executive order March 12.
I met Friday morning with her agents to demand immediate issuance of the writ. I got no word that afternoon that my decree pro confesso had been signed, and I am still waiting for word of her compliance with the law. Our due process rights were violated all weekend. Sir, or Madam, we the people are sick and tired of noncompliance with the statute, which means we are tired of a health emergency that has no basis whatsoever.
Today state of Tennessee on relation demands an audience with this court to handle the state’s grievance against lawless hacks who have overturned our liberties and brought against us the most extensive injuries since the founding of our state 81,500 days ago.
I demand mandamus issue immediately. Respectfully, etc.
David Tulis is live on the air weekdays 7 a.m. to 11 a.m. on NoogaRadio 96.9 FM and other NoogaRadio Network stations, covering local economy and free markets in Chattanooga and beyond. Nothing here is legal advice; if you want legal advice, find a law firm downtown or on another planet — where the law actually matters.