Courts exist to prevent private violence and bloodshed, to bring peace and equity among disputants in a city or county.
By David Tulis / NoogaRadio 92.7 FM
The treatment my case is receiving in chancery court indicates the courts are, as others have found, not functioning.
This malfunction we see in many areas of the law. It is evident in a bogus traffic stop of Charlie Bell putting him in the trap of a probation “violation” and in the broken grand jury that refuses to hear testimony of crimes by local officers and officials.
We see lawlessness in predatory policing of private citizens under the shipping-trucking-hauling-transportation law by cops not empowered to enforce that law, and racist abuse of people such as honest citizen and truck driver Michael James.
By many accounts, Tennessee and Hamilton County courts appear to be defenders of the predatory and criminal activities of people on the public payroll.
City councils and county commissions are comprised of members who do not care; neither will sheriff departments such as that of Jim Hammond interpose themselves to stop the state-based violence and state-based human trafficking. They, largely, appear to be the big violators.
Fleenor typifies the darkened mind
Attorneys and bar associations have overthrown the rule of law, and are heralds today of the medical terror-administrative state we’ve been enduring firsthand in Tennessee since March 12, with Gov Bill Lee’s first “COVID-19” executive order.
Attorney Pam Fleenor became a judge in 2014 as a Republican, winning handily over attorney Joe Manuel. She knows nothing about equity. Multiple motion denials and two rulings against State of Tennessee on relation are marked by dissolution of mind, vacancy of principle and abrogation of equity.
The first of any legal reasoning appears in her two order dismissing the case, more than 100 days into an emergency matter that should have been handled in 15 days or less.
She seems to know little about the constitution and the law. She is an unjust judge showing partiality to two officials — Gov. Lee and Hamilton County health boss Becky Barnes — as against taking an interest in the people of Tennessee and the state of Tennessee, whom I represent in my mandamus action to overturn Gov. Lee’s state of emergency as a violation of law and a fraud.
Reading her two orders of Jan. 21, it’s as if I had gone into an insane asylum, and am trying to talk to the inmates. I feel like one trying to penetrate a reprobate mind with beauty and reason. I am speaking another language, trying to deal with people in matters of law who know nothing of justice or equity or even vital remedies such as mandamus.
Equity, in Holy Writ, is another word for justice and righteousness in the public realm. Equity is the powerful role of chancery court. The word appears eight times in the NKV, as in Isaiah 11:4: “But with righteousness He shall judge the poor, And decide with equity for the meek of the earth; He shall strike the earth with the rod of His mouth, And with the breath of His lips He shall slay the wicked.”
Weighing my sins down to the ounce
Judge Fleenor is accepting of the fraud brought forth in my unrebutted affidavit of complaint filed Oct. 12. She allows others to violate the constitution and the statute.
I am held to an imperious, exacting standard. Precise definitions and exacting procedures and requirements are applied to me. The governor can ignore the law. Becky Barnes can thumb her nose at the contagion and epidemic statute night and day — and need not, even now with my notice, consider its claims upon her operations at the county health department.
But I have got to have everything exactly in the right place pursuant to many court cases that Judge Fleenor weaves into a tapestry creating the word, “NO.”
In her mind, I have no standing, and the governor doesn’t have to be held to account because the health law doesn’t name him. I don’t name health commissioner Lisa Piercey, either, on reasonable grounds. The principal is the governor, and his agents obey the law in his service. Principal-agent relationship is in effect in Tennessee, so it seems to me. Agents from him on down to the county cannot disobey the law on behalf of the governor. He is directly responsible for the mass tort. Barnes is effectively his deputy under Tenn. Code Ann. § 68-5-104.
But not under Judge Fleenor’s exacting analysis. She says she has no subject matter jurisdiction. If so, why say anything more? Under a foreign, ex parte impetus, perhaps, per policy, per judicial conference lecture, perhaps, she writes on every conceivable procedural angle to block my mandamus and deny the people relief. She writes more knowingly about mandamus than she let on in court; no one in Hamilton county — whether her clerk or the chancery court’s counsel — know much about mandamus, whether pronouncing it rightly or knowing what it seeks to accomplish.
She wants to moot my work and moot the work of people who might come after me on mandamus by “deciding” aspects of the case she says, with claim of no subject matter jurisdiction, to be outside her jurisdiction.
She seems to want to block me and others who might come afterward, making similar arguments.
Her ruling puts everything into the stew pot, dismisses the case, and say you can’t eat from the stew pot. “It’s already been addressed, don’t bring it up.” Hers over 16 pages is an attorney tactic, a perversion and overthrow the rule of law.
If you can’t comment on it because you lack subject matter jurisdiction, then don’t, yer honor.
Judge Fleenor is part of a closed union shop with the lawyers. If she has no authority to talk about it, she has no authority to enforce anything she has said without authority and without subject matter jurisdiction.
The treatment of the people and their relator in the State ex rel Tulis shows that we are at an end of government as we know it — or as we think we know it. The civics books don’t teach how any remedy works, or how the state and its courts are supposed to. If they did, to high schoolers and college students, they’d be telling lies. Because it doesn’t work at all.
The courts are unjust and crooked, and Pam Fleenor is a picture of the evils we Tennesseans deserve.
Time to fight