Chancery court judge Pamela Fleenor has delayed, delayed — and withheld — justice in a case involving 6.8 million people demanding of two people that they obey the law.
By David Tulis / NoogaRadio 92.7 FM
The two people include a major one, and a minor. One is the governor of Tennessee, Bill Lee. The other is an official in Hamilton County, where the suit is being filed to command obedience to the health law. Her name is Becky Barnes, health administrator.
Mandamus demands immediate ruling
The health law in Tennessee has been rejected in disobeyed for 364 days, beginning March 12. Judge Fleenor has rejected her duty to see that justice be done in an emergency petition for writ of mandamus. The mandamus law, which allows a citizen to sue an official to command obedience, requires action, “forthwith,” which means immediately or sooner.
The Tennessee constitution says all courts shall be open, “and every may and, for an injury done him in his lands, goods, person, reputation, shall have remedy by due course of law, and right and Justice administered without sale, denial or delay.” Article 1 § 17.
Justice delayed is justice denied is a maxim of law and equity.
Judge Fleenor refused to act within the days required in my lawsuit. Mandamus is to be handled immediately, in chambers, prior to hearing, summarily, without a hearing necessarily. The law is continuing notice of duty, and unfulfilled duty is negative equity, deeply in the red, and the record in a mandamus case such as mine precedes the filing, and is a confession of fault before the case hits the judge’s desk.
The defendants in my case also have notice of their obligation in their oaths of office and under terms of employment.
Judge Fleenor has rejected her duty in an emergency petition in a state of emergency, in which the damage is not from a virus, but from the government itself with its arbitrary and capricious commands shutting down the economy as of April 2, 2020, the mandate for mass house arrest of the entire population (with exceptions for the “essential” people).
Gov. Lee and his cronies up-and-down the political party and bureaucratic food chain created an instant depression and widespread damage to people’s livelihoods, to their free exercise of common callings and religion, bringing billions of dollars in losses into the ledgers of businesses ranging from bistros to factories to the Tivoli theatre to the aquarium to the airport.
Delay = crime
“To sell justice would be a crime, to deny justice would be an outrage akin to crime,” says an authority controlling of chancery court, “and to delay justice is an intolerable wrong, for delay is equivalent to a denial while the delay continues: the virtue of justice often evaporates during the delay. Denial and delay are man and wife, and injustice and injury are their children. Nearly all the delays in a suit grow out of amendments and continuances.”
But delays come from judges themselves, too.
And because of her delays in acting, Judge Fleenor has allowed to begin in Chattanooga and Hamilton County an extraordinarily dangerous medical experiment under the fraudulent pretext of vaccinations. Mrs. Barnes’ health department is involved the county and the taxpayer in genetic engineering or genetic treatment of the so called coronavirus vaccine, produced by Pfizer, Moderna and other for-profits drug companies. The government subsidizes the jabs for which the citizens pay nothing.
60 days to explain disobedience
Judge Fleenor had a second reason for delay. She OK’d a motion for “enlargement” by Mrs. Barnes, asking 30 more days to answer my lawsuit. Mrs. Barnes should have answered the suit in days and promised to start obeying the law. But — no. Mrs. Barnes was in default in making the request (one day past the 30 days allowed after service of the suit under ordinary court rules).
And she is in default to the law itself — to the tune of 60 days. Judge Fleenor ignored both defaults, and granted the motion.
Sixty days to answer why she doesn’t have to obey state law at Tenn. Code Ann. § 68-5-104.
Delay aids the wrongdoer. Dawdling perpetuates crime by state actors.
“A continuance always works an injury to one of the parties; and another maxim of Equity says that “where a loss must fall on one of two parties, it should fall on him whose act or default occasioned the loss,’” says the authority, “for otherwise, he would derive an advantage from his own wrong. A Chancellor should never deprive one party of the just rewards of his diligence, in order to relieve the other party of the just penalty of his negligence; for that would be to punish him who had done his duty, and to reward him who had failed to do his duty.”
Defendants often pursue delay, another “chance to prevent the complainant from obtaining the decree he is fairly and rightfully entitled to at the hands of the court,” as Gibson says.
Mandamus is to be decided immediately, in an emergency of illegality and public interest. Mandamus is to issue immediately, the record filed with the court undisputed, legal and factual. It is to issue prior to a hearing, in chambers, based on unrebutted affidavit, premised on notice a priori in the statute itself, and in the oaths of office or terms of employment.
The law of man cannot be more just than the law of God. Both laws are made to do the greatest good to the greatest number. Under the law of God the dilatory suffer; then why should they not suffer under the law of man? The four seasons come and go: and he who is not ready for each season time is not delayed because the farmer was negligent, or sick, or otherwise burdened. Under the laws of Nature, each case is tried when reached, and there are no continuances; and yet no one blames the laws of Nature.
In keeping with her judicial ethics, Judge Fleenor has set a pointless hearing for March 30.
Time to fight
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