Justices urged hold Lee accountable in mass fraud

CHATTANOOGA, Tenn., July 25, 2020 — The five judges of the Tennessee Supreme Court today receive my petition for a hearing regarding Gov. Bill Lee’s overthrow of the constitution with the complicity of four lower court judges in five dismissal orders.

By David Tulis / NoogaRadio Network

My petition for equity and writ of mandamus demands compliance with state law, the rejection of which by Mr. Lee and a local official constitute an overthrow of the divided form of republican and democratically elected government and the rule of law in the Volunteer State.

When an officer sees a black man on the side of the street and wants to arrest him, I say in oral arguments Feb. 15, he cannot do so without first having a lawful reason. The cop is empowered to use police power if he has a probable cause or a warrant. The “subject” has to be in the middle of committing a crime or has just committed a crime to vest the officer with authority to arrest. A cop can’t use racial profiling or prejudice or whim.

What Gov. Lee does in the Covid-19 fraud starting March 12, 2020, is arrest the entire population without a “nonfraudulent exigency” or lawful cause — just like the crooked cop. In a pretended emergency, my filings report, he arrests the people of Tennessee in bulk, as if they are a malleable plastic mass, as a whole, in violation of the due process rights every man and woman can rightly claim individually and personally, depriving Mr. Lee’s state of emergency of its potentially lawful basis by ignoring the infectious disease law at Tenn. Code Ann. § 68-5-104.

In Tennessee, as in most American states, government has no authority to act upon the people in bulk, but only for cause, individually. As a free people, not under communism but in a free republic, Tennesseans are not subject to mass arrest, mass surveillance, mass lockdown, mass depopulation, mass imprisonment or mass treatment of any kind, given their bill of rights guarantees’ limiting state power. The government is able to “see” two parties: People or corporations seeking state privileges, and defendants in court. Apart from these groups, government has nothing to do with the people.

The petition I file as relator on behalf of state of Tennessee demands supervision of the lower courts and calls “abusive” rulings from Pamela Fleenor in Hamilton County chancery court and from three judges in the court of appeals in Knoxville. 

“It is in the public interest to see to it a man or woman in Tennessee has a right to be served by government officials who comply with the law, and do not act beyond their authority, depriving relator, and those similarly interested, of their rights to property and movement,” I tell the supreme court in my petition for review. 

The courts in this matter, however, disagree, say emphatically, ‘No. State of Tennessee, on relation, cannot be heard, despite a sufficient and adequate petition demanding compliance with the law respecting police power subject matter. No, you cannot be secure in your rights of religion and the press,’ they say, unsettling our law and causing more grief for the relator, those similarly situated, and the people in Tennessee, than did the War Between the States.

Powerful writ 

A mandamus is a powerful peremptory common law writ that commands an official to fulfill a command in the law or to perform a nonoptional, obligatory or ministerial duty. It controls not discretion, but lawful obligation. Gov. Lee says he is not under “any duty” (italics in original) to obey the health law because it doesn’t name him, and health department administrator Becky Barnes in Hamilton County says she is exercising “discretion” in ignoring the entirety of the 102-word provision in the law.

The case asks that all executive orders and directives be declared void and null, that they be declared as unlawful and without legal basis, and also that there be a “reformation” of a departmental regulation that appears to allow the use of foreign authority and influences to govern state and county employees.

The health law recognizes epidemics, but pandemics are outside the scope of any state actor’s authority, and cannot as a matter of law control how public health is managed, I insist. The ignored law says a determination has to be made as to the nature of the agent of contagion.

(a)(1) It is the duty of the local health authorities, on receipt of a report of a case, or suspected case, of disease declared to be communicable, contagious, or one which has been declared by the commissioner of health to be subject to isolation or quarantine, to confirm or establish the diagnosis, to determine the source or cause of the disease and to take such steps as may be necessary to isolate or quarantine the case or premise upon which the case, cause or source may be found, as may be required by the rules and regulations of the state department of health. (T.C.A. 68-5-104) (emphasis added)

No, the governor is not named. And Mrs. Barnes says the phrase “as may be necessary” applies not just to duty No. 5 to isolate a case or premise on which disease may be found, but the entire law, thus making null all the duties therein. 

The command to “determine the source or cause” requires nailing down an isolate for SARS-CoV-2. That alleged virus has not been isolated under the scientific meaning of that term, despite claims to the contrary relying on computer modeling. With no physical isolate, no health authority can know how to safeguard public health. 

The raft of responses to the “Covid-19” pandemic have done nothing to safeguard the public, and did not slow the spread or save lives. They have been based not on science, and they lack any basis in law, since no isolate exists of the coronavirus at issue, with its genetically modified delivery system as developed at University of North Carolina, Chapel Hill, and other labs.

The FDA’s vaccine adverse event reporting system, or VAERS, reports that 12,384 harms have been reported in Tennessee, including 856 jab deaths. The underreporting factor is between 41x and 100x. The Harvard-Pilgrim study says underreporting in the system is 100x. Calculations by Vaccine Safety Research Council’s Steve Kirsch and others use the lower number. Therefore, total Covid-19 shot deaths in Tennessee are between 35,096  and 85,600 men, women, boys and girls. Reducing deaths from the use of industrial products is no longer a federal government policy, and respondents in the case help cart the former policy offstage.

The courts fully back Gov. Lee. He cannot be compelled by a writ of mandamus “to perform an act,” they say. The court of appeals says that a petition with the word “mandamus” on it naming a governor is a dead letter the moment it’s filed because mandamus by definition seeks to compel the governor to perform an act. They redefine mandamus and appear to destroy its utility as the people’s government spoiler.

The mandamus law sees interaction between court and governor well short of ordering him to “perform an act,” to which provisions I appeal

These steps short of compelling Gov. Lee to obey the infectious disease law include a show cause hearing in which he has a chance to explain his actions and establish that they are lawful. My broadly drafted petition appeals to the courts’ broad “plenary powers” and asks for remedy apart from mandamus. The appeals judges, however, say the “gravamen” of the petition is mandamus, and thus can be ignored in its entirety.

Court is part of problem

Is relief likely? The supreme court is in a joint venture with Gov. Lee in forming Tennessee’s unprecedented unitary health security government plainly forbidden by the constitution, which forbids despotism. Proponents of green religion and the American Bar Association have long favored such a development. Chancery judge Fleenor serves a hidden policy interest in her abuse of my cause for 201 days, an action by law requiring solution in days. She toils to uphold commitments of her superiors — starting with Jeffrey Bivins, the chief justice — to play a part in mass harm and mass fraud. The three appellate judges in Knoxville rule without any reference to equity, and on many points misread the petition and deny a fair hearing. Roger Page has replaced Mr. Bivins as chief justice.

I believe the case is the most important in the state’s history since it seeks to settle issues about the nature of the Tennessee system of divided powers under a constitutional covenant, and whether the government might turn its back on the people. The question I put to the supreme court is whether the justices can stop the governor from imposing a communist and corporatist style biosecurity state with its public health rationale apart from the law and without warrant from the law. 

The health law and the constitution prohibit such a devolution and consolidation. Fraud is not a duty devolved upon the governor, nor the supreme court. If the governor is going to exercise emergency powers and “make an arrest,” as it were, he must have a warrant, lawful reason, probable cause, or a nonfraudulent exigency.

The 41-page petition for a hearing is sales pitch to a body whose members are already under this case’s accusatory finger, and already compromised.

The Supreme Court, led in 2020 by Jeff Bivins, went into a joint venture with the governor to ignore the law and overthrow the constitution, closing the courts guaranteed to always be open in Tenn. const. Art. 1, sect. 17. In closing courts, Justice Bivins asphyxiated   

Roger Page has replaced Judge Bivins as chief justice. That’s no comfort to me, as I am accusing Justice Page of breaching the constitution and the open meetings act.

Justice ordains reporter’s arrest

In a separate development, Justice Page ordained my arrest Nov. 6, 2021, as I crashed the court system’s secret conference at the Embassy Suites at Cool Springs hotel in Franklin, just south of Nashville. Justice Page had me arrested even though I put him on notice 17 days prior that I had a right to attend under the open meetings act and constitutional rights of the press under Tenn. Const. Art. 1 sect. 19 — and also under the court’s 1976 ruling Dorrier v. Dark, 540 S.W.2d 65.

My arrest sparked a June 13 federal lawsuit by The Center Square with a Nashville-based news website demanding the court system be forced to open the conferences under the 1st Amendment to the U.S. constitution, and that a Feb. 1 directive throwing an eyeball-proof veil of secrecy over the six annual conferences be declared unconstitutional and void.

I was charged with criminal trespass, but Williamson County general sessions judge M.T. Taylor threw out the prosecution in a 70-minute hearing as lacking probable cause. The arrest is a tort, an oppressive act violating state law, and a knowing and intentional injury to an innocent member of the public asserting constitutionally guaranteed rights. I am looking for a Nashville-area attorney to handle a lawsuit for the injury done to me in my arrest, a case in which I intend to pursue punitive damages. 

It took me 224.9 hours to draft the petition to the supreme court, with much review of the rules for standing in Tennessee and court procedure. I expect it to excite painful reflections among the five justices, two of whom must give the nod before the body will agree to hear my petition. 

In mass harm, no one has grounds for complaint

The appellate court covers for multiple abuses that occurred at the hands of Chancellor Fleenor. It does so by a judicial trick. It “pretermits” (declines to see) her numerous abuses on the grounds that it is a mandamus case against the governor that the ruling disallows, and it exaggerates and makes rigid the rules for standing, and makes itself unable to see or hear state of Tennessee, on relation. 

The judges who are getting the case are certain to retain their posts in Aug. 4 retention balloting. The judges say I don’t have standing because I have not shown sufficient harm, and I have not separated myself from the mass of people who have been injured in a way “common to all citizens.” The court of appeals notes: 

The above allegations demonstrate that Relator seeks relief that no more benefits the Relator than it does the public at large. Relator failed to allege how the Administrator’s actions injured Relator in a concrete and personal way. Nor has Relator alleged some extraordinary damage to him personally, beyond that of the rest of the community. As set forth in Darnell, supra, standing may not be predicated upon an injury to an interest that the Relator shares in common with all other citizens. *** Upon careful review, we agree with the trial court’s conclusion that Relator failed to allege a particularized concrete injury in fact not common to the general public.

In the madness that controls in Tennessee, the greater and more mass a harm, the less accountable are public officials because no one person can separate himself from the crowd to obtain standing.

The Covid-19 fraud is a global experiment in disaster capitalism, led by pharmaceutical, industrial and financial interests, typified by philanthropath Bill Gates the computer software nerd and the superbureaucrat at NIH, Dr. Anthony Fauci. They are key actors in a controlling media-boosted metanarrative that Dr. Mattias Desmet of Ghent University calls “mass formation psychosis.”

Pandemic not part of our law

I’m demanding the courts restore respect to the law at Tenn. Code Ann. § 68-5-104 that requires a determination to be made of an agent of contagion. No isolate has been found of the so-called complex of conditions called SARS-CoV-2. It is a chemical weapon delivered by coronavirus, which has been updated in gain of function research at University of North Carolina at Chapel Hill and other labs.

Tennessee law doesn’t recognize the concept of pandemic, only epidemics, which are local phenomena in any of the state’s 95 counties. A pandemic is a global construct from extranational organizations and companies. The law requires a local case to be found, which as a matter of law has not been done in any Tennessee county. It is not clear when personal liability will attach to people in office for participating in fraud and pushing an untested and merely “authorized” medical product on the citizenry in what dissenting medical experts call the most dangerous mass harm in history.

The case goes against the media narrative and is under a blackout. A search for “David Tulis mandamus petition,” you get “did not match any news results” on Google news. My blog TNtraficticket.us and NoogaRadio 96.9 FM cover a story of statewide importance, with the Chattanooga Times Free Press going against its better judgment May 19, 2020, and giving the suit five paragraphs on the jump page of a Covid-19 story.

David Tulis is an investigative reporter at NoogaRadio 96.9 with a 8-11 a.m. weekday show, and covers law and liberty at TNtrafficticket.us.