CHATTANOOGA, Tenn., March 30, 2021 — Attorneys defending Tennessee Gov. Bill Lee and a Chattanooga-area health department administrator are on notice that their ethics rules forbid furthering crime and fraud, and that they had better beware bumping into the criminal law.
By David Tulis / NoogaRadio 92.7 FM
The warning comes at a hearing by phone between this reporter, an investigative journalist, and the two respondents in his long-drawn-out case in Hamilton County chancery court to overthrow the CV-19 state of emergency, which plunged the state economy into depression and destroyed a quarter of small businesses and created a medico-terror state under a pretended administrative authority.
Law at Tenn. Code Ann. § 39-16-402, official misconduct, forbids people in public servants from exercising “unauthorized exercise of official power” or who “Refrains from performing a duty that is imposed by law,” and doing so “with intent to obtain a benefit or to harm another, intentionally or knowingly.”
I am suing the governor and have been in court with him for 193 days, demanding a writ of mandamus to compel obedience. Judge Pamela Fleenor has had four hearings in a lawsuit that law requires to be settled “forthwith,” a peremptory, emergency petition settled in 15 days or less.
Hear David’s tough March 30 hearing http://kozlowski.org/2021-03-30+1
“She has to go the cookie-cutter forms to be able to have something to sign her name to,” says Levi Thurston, one of “the gnomes” with whom I have counseled in pursuing justice for Tennessee.
There’s no independent thought process to this thing. There is a lot of emotion in it. It’s because she never touches the facts — the merits and the facts of what is in your pleadings. That is untouched in all her writing. She’s sittin’ there like these other two lawyers, writing up this layout of why she’s gonna take their side, not why the merits of what you have brought up have pointed out that these people are violating the law. She’s not touching that subject.
Mandamus in Latin means “we command.” The two officials have been in breach of the state constitution, their oaths of office or terms of employment, and —most importantly — of Tenn. Code Ann. § 68-5-104, especially the 102 words that require a determination be made of the agent of contagion in an outbreak or epidemic. The six steps required have been completely ignored, and Gov. Lee is obeying foreign suggestions, foreign law, foreign policy and proceeded in panic and fear, rather than pursuant to the law. (See the original petition for details. https://tnt23.wpengine.com/2020/10/suit-demands-lee-barnes-obey-health-rules-halt-fraud-abuse-under-color-of-law/)
The hearing was held despite my objection, that it was needless. Judge Fleenor had issued two orders dismissing the petition and denying me relief for my harms and continuing irreparable harm. I had filed two motions demanding the dismissal be reconsidered and altered. In light of these 34- and 47-page briefs, she ordered the hearing.
I objected to the hearing because the court is ignoring fraud, and the court is “arch enemy of fraud” and the court cannot litigate fraud, which “vitiates every contract.” The fraud is in open and by public officials. “Whining by the respondents about the state on relation’s grievances being relitigated, which we hear a lot of, is balderdash and lawyerly gazoozling.
I also fought the bid by Gov. Lee to have the case dismissed because by law commissioners sued in their capacity have a right to be sued in Davidson County, in most cases. As I argued at the hearing,
The respondents, party to fraud, have negative equity, your honor, they have no standing to speak. All they can do is dissemble. Fraud is admitted, but equity demands arrest forthwith. It demands arrest of the fraud forthwith. That is why this hearing is an error, and unjust. Fraud is not a candidate for subject matter jurisdiction exception for commissioners on the David County issue for a court intending equity. The supreme court has never intended to aid or abet fraud, allowing fraud a subject matter jurisdiction exception. Therefore, that point has not been litigated, let alone briefed.
She denied my motion that the clerk hang up on the Lee and health administrator Becky Barnes attorneys on grounds they were properly present at the hearing.
198 days, my harms not seen
Judge Fleenor is refusing to consider my evidence of standing, that being my unrebutted affidavit of harm for the past 198 days.
“The respondents would have the court believe that I am, myself, the proximate cause of my own harms in this economic collapse, and the atomization of society that respondents have caused, as noted in the unrebutted petition,” I argued at the hearing.
I contend that my harm comes from respondent Lee and respondent Barnes, and they have no evidence of my lying or deceiving or exaggerating. They have not attacked the affidavit of harm which precedes the petition, required by law to be filed in support of the petition for mandamus.
“An affidavit cannot be ignored.” I began to read the affidavit into the record, but Judge Fleenor blocked it on grounds that it is in the record and the proceedings had to “move forward” and to “move on.”
Promiscuous power, not narrow legal power
The officials’ breach of the law has given them leave to apply bluff and threat and implied police power promiscuously upon the general public, and not specifically and narrowly upon epidemiologically sick people, or people believed to be carriers of a contagion.
Their lawless acts started 402 days ago, on March 12, 2020, under pretended emergency powers. The depression caused by Gov. Lee and his lockdown is the most grievous breach of the peace in the state’s 80,000-day history, worse, possibly, than the division between North and South in the 1860s.
The judge has repeatedly prejudiced my case on behalf of the state and the people, and has followed the frivolous arguments of the governor and local health administrator Becky Barnes.
“She can’t touch any of the facts that you brought up that are documented. And they have nothing — they have nothing — except the character assassination that you don’t have any standing,” Mr. Thurston says. “And how can they — how can they tell you — this entire population out here go home and take the financial ruin, and when it comes to crime being exposed that this thing is a scam for the profits and the agenda of enslaving this population — because this is a power/control move.”
I reserved my harshest attack on the two attorneys, Sharon Milling of the county attorney’s office representing Mrs. Barnes, and Janet Kleinfelter, representing the governor in his person and also the office.
I said that since the day I filed my lawsuit, the respondents and their attorneys have been on notice about ongoing fraud and crime. The lawsuit was notice, and since the case began the refusal of the respondents and their attorneys to come into compliance with the law is willful, and criminal.
Says Mr. Thurston, “Here’s a judge who has an opportunity to put a stop to this type of criminality conducted in this country, ’cause there’s immense profits in this thing. And she can’t even think straight. She’s over here following the dictates of her masters, and she’s in collusion with the state, because when they have to abide by the law, they can’t do it. And so they break the law, and then when you point it out, they tell you, ‘Oh, you don’t have any standing to complain. And by the way, when you expose our evil, here’s the bill. We’re gonna charge you.’”
Judge Fleenor has accepted a bid by Mrs. Barnes for her to submit an F$11,000 bill for legal services to relator in the case.
“These public parasites have already been paid,” Mr. Thurston says. “They’ve already had their hourly wage. See all these people pulling this scam off, they’ve never missed a paycheck, and they sat home on their dead ends. Or they went out there and met in these secret conferences conspired against the population. Because these are not scientific conferences. Because these are not legal conferences. These are actual, criminal gatherings, because, if they have to obey the law, they don’t have anything to say.”
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Time to fight
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