A journalist’s demand for a writ of mandamus to compel Gov. Bill Lee to obey state law and be barred from fraudulent states of emergency is set for oral arguments Jan. 18, a Tuesday, in Knoxville.
This reporter will get 15 minutes to make his case at the end of the morning docket. County attorney Sharon Milling will get 15 minutes defending Becky Barnes, administrator of the Hamilton County health department, now retired. Janet Kleinfelter from the attorney general’s office will get 15 minutes to explain how Gov. Lee does not have “any duty” to obey the law and how the relator has no standing.
The governor’s actions in this case amount to a double delegation of emergency powers entrusted to him. As a result, the fate of the people has been left to the arbitrary and capricious decisions of unelected bureaucrats who:
1. Owe no duty of obedience to the statutory limitations placed on the Governor.
2. Wield unrestrained dictatorial authority over the people and institutions of the county.
3. Have no left or right boundaries or legislative guidance as to the latitude or extent of their discretion in making decisions.
4. Have no political capital at risk and, thus, fear no political reprisal for their actions.
5. Have no fear of civil penalty or financial liability as they enjoy ‘immunity’ from any actions taken.
6. Are not accountable to anyone other than themselves — able to do that which is “right in their own eyes.”
His actions to declare an emergency without a nonfraudulent exigency or warrant is a textbook definition of abuse of authority, official misconduct, official oppression, and bureaucratic tyranny of the worst kind – all done under color of authority, color of office, and color of law.
The lawsuit makes clear that the breaches are not a separation of powers issue, but a checks and balances issue. The respondents’ abrogation of Tenn. Code Ann. § 68-5-104, requiring a determination be made as to the cause of the connotation, is a textbook case for the extraordinary writ of mandamus if ever there was one.
Law is a mutually agreed upon set of rules within a civilized society which governs and dictates the future actions and behaviors of its members and public servants.
Setting house in order
Accordingly, the people of Tennessee have collectively agreed upon a mutual set of rules as expressed through the mouths of their elected legislative representatives when enacting the “public health laws” and “emergency powers” granted to the governor.
These legislative acts confer certain emergency powers and authorities upon the Governor during times of crisis under conditions predicate which, in such times, must first be clearly and conclusively met and firmly established as a matter of public law before the Governors taking of ANY action under said enabling acts or authorities.
A governor exceeds his emergency powers and authorities when he acts ultra-vires or beyond the scope in contravention of the statutorily prescribed sequence of events or conditions that predicate such conferral of power and authority.
Where the governor also has the authority, in such times, to declare ‘martial rule’ and could then simply ignore the law in marshalling all military assets and state resources of the state at his disposal at any point to impose his arbitrary and capricious will of mandatory vaccinations or any other such measures during times of emergency, there must be proper checks and balances by the other two branches of government against any such actor who has, or might, repudiate the constitution or act in a manner the circumvents the statutory will of the People he supposedly serves.
For the above reasons, the judicial branch of government is the people’s second to last line of defense against the arbitrary discretion and dictatorial powers of the unelected public health bureaucrats who rule without proper authority or public oversight through a contrived double-delegation by the governor – the last being the taking up of arms in exercise of our duty of revolution.
May God help us all if our judicial branch fails in their duty of setting the house in order by failing to grant this most extraordinary of remedies, the writ of mandamus.
Time to fight