My lawsuit against Tennessee’s medico-terror state has caught two vital actors in an act of governmental adultery, in the middle of the luscious orgasm, as it were, of flicking away the buzzing horsefly of annoying state law and going at it with gusto.
By David Tulis / NoogaRadio 92.7 FM
Caught in flagrante delicto, as it were, Gov. Bill Lee and health administrator Becky Barnes in Hamilton are licking their lips and saying, “Who, me?”
Both insist they are not liable to obey the key Tennessee health law that regulates contagions, epidemics, quarantines and isolation — a spare 102 words at Tenn. Code Ann. Title 68-5-104.
I clicked on the lights Oct. 2 in a petition for writ of mandamus — empowering a local judge to compel them to obey the law and stop foolin’ around and shafting the people in state of Tennessee.
Who — me?
Mrs. Barnes says cites the law in full, then saucily in a brief says,
There is no clear right of relief as sought by the Petitioner as to Mrs. Barnes. A petitioner seeking mandamus relief must demonstrate that a respondent has “clear legal duty to perform the act” at issue [citation omitted]. The Petitioner has failed to do so, and thus, has failed to state a prima facie claim for a writ of mandamus.
Implied here is that the petitioner has to argue to the judge that the health law applies to the county health administrator, who administers the state department’s of health projects in Chattanooga. Somehow, an argument to that effect hasn’t been made, and needs to be. She has no duty in an alleged pandemic to obey the law that applies to epidemics — how so? Why?
Here the Tulis hearing now — 80 mins.
She is exercising her discretion, Mrs. Barnes says. I am demanding mandamus issue ministerially and immediately upon her, because when it comes to obeying a law or ignoring it, there is no question of duty. The judge for her part has a duty to compel obedience to the official to do her duty. My petition empowers judge Pam Fleenor to act. It invokes her power to straighten out the mess and the state of disaster statewide.
Discretion is irrelevant if the duty is rejected; there is no discretion on the part of anyone violating a law that is part of the term of her employment.
Mandamus won’t issue on a matter of discretion. Mrs. Barnes rightly cites cases making that clear. But Mandamus will issue — will lie, as the courts say — when the official contravenes, ignores or defies clear duty in law applying to her office.
Lee’s high and mighty claim
The refusal of Judge Fleenor to issue the writ of mandamus and confirm my affidavit of complaint about fraud and violation of the law extends and spreads the harm to tens of thousands of people across the state.
Even to people unborn. Her subsidy and acceptance of official fraud and deceit endangers the unborn, with local doctors in such a panic they are suggesting the experimental CV-19 vaccine may be safe during pregnancy.
“Pregnancy is a state of relative immunosuppression and certainly there have been cases of increased severity cases or an increased chance of severity of Covid-19 infection if you are pregnant,” Dr. Jay Sizemore of Erlanger tells a TV station. “That is part of that risk benefit equation but overall i think there is very low risk of having any detrimental effects on the pregnancy.”
Moms bearing the preborn should talk with the doctors “and make an educated decision,” he says.
With deceit, finagling, lying, off-label activity allowed to continue unchallenged, the judge and the world of officials continues today in disarray, threat, injury and harm.
Gov. Lee says in his brief he is not under “any duty” to obey the statute, partly because it doesn’t name him. The any is italicized, to catch Judge Fleenor’s attention.
It matters not that in the constitution, the supreme law in Tennessee, his marching orders include this: “He shall take care that the laws be faithfully executed,” Article 3, section 10. Not that he executes them; but that he sees that they are “faithfully executed” by his agents and commissioners.
He is directly responsible that Dr. Lisa Piercey,his health commissioner, execute the health law at 68-5-104, though it doesn’t name him.
She is the agent, he is the principle. Both are in open violation of law, and the people have had enough.
Time to fight
