I argue on your behalf and on the part of state of Tennessee itself that Gov. Bill Lee and a local health official cannot overthrow the economy and the state’s laws without facing rebuke and accounting by the courts. In Hamilton County, chancery court judge Pamela Fleenor accepted judicial policy and favored abrogration of the state’s democratic institutions such as its courts, churches and businesses. She awaits voter approval in a re-election campaign in progress today. (Photo YouTube)
CHATTANOOGA, Tenn., Tuesday Dec. 15, 2022 — I have the blood on my face from three shaving nicks, but that doesn’t appear to show up in my “online” oral arguments seeking a petition for writ of mandamus to compel Gov. Bill Lee to show cause for his fraudulent, ruinous and lawless abrogation of the constitution by a first mistake.
That mistake is his rejecting and ignoring the single communicable disease law in the Tennessee code, found at T.C.A. § 68-5-104 that requires a determination to be made as to the cause and source of the contagion, alleged to be SARS-CoV-2 or Covid-19, which actually describes a set of flu-like symptoms. On the basis of this alleged pandemic Gov. Lee and the entire legal and political establishment in Tennessee went over to “the other side,” the green Great Reset world of administrative fiat, subjugation of the people, fear porn disseminated based on junk science.
The legal and political cartels, joined by the court system and its judges, entered a new world in which rejection of one law forced abrogation of many other laws in train.
My mandamus petition targets its tracers at the locomotive of this sorry railroading of the public in our state. Across the U.S., attorneys have focused their fire on the rolling stock pulled behind that first violation of state law — certain to have happened in every state with a communicable disease law. But I am aiming intensely at that first mistake, that law abrogated even down at the local level in Hamilton County.
The hearing today is before the court of appeals, targeting four dismissal orders by unjust judge Pamela Fleenor in chancery court. The number of due process violations she piled upon me in handling our case is astounding. The frauds she accepted by Janet Klienfelter, representing Gov. Lee from the AG’s office and by Sharon Milling of the county attorney’s office are numerous, flagrant and foul.
The biggest being a false standard for standing.
Judge Fleenor said I have no standing because I didn’t show personal injury and harm from the lockdown. Well, my affidavit of support does show it. But it need not have, since personal injury and harm from law violation of an official are not required in a petition for writ of mandamus.
Mandamus lets people fight unruly officials
Radio station mid-state bureau chief Christopher Sapp of Sparta, Tenn., nails the power of mandamus.
The short and skinny on this is that mandamus, while admittedly an “extraordinary remedy,” is a mechanism in law where ordinary people can compel the governor to follow the law where no other remedy has been described.
Gov. Lee abdicated his lawful responsibility to positively ascertain the contagion prior to the implementation of his draconian orders and mandates. Under our current statutory scheme the governor is granted near dictatorial power in times of health emergency, but such powers can ONLY be rightfully conferred and exercised by the executive AFTER he has followed the prescribed methods for positively identified the contagion PRIOR to the assumption and exercise of such powers.
Even our state legislature has recognized the governor’s overreach when they conducted the joint hearing on emergency powers last August and December.
The people of this state speak through the mouths of their elected representatives to craft and enact laws which limit and restrain those vested with the powers and levers of government. While mandamus is indeed an “extraordinary remedy” it is equally “extraordinary” that it must be petitioned for in the first place in order to compel a sitting governor to follow the law as expressed by the will of the people.
Courts are all too reluctant to cross the “separation of powers” lines, but such checks and balances are the only means and methods of remedy available to the people if unruly bureaucrats and politicians repudiate our republican form of government by individually usurping the rule of law with absolute impunity and “immunity” of office.
There simply is no “immunity” for criminal behavior that violates black letter law. For this reason, mandamus should be a writ of right rather than one of “discretion” by the courts.
David Tulis is live on the air weekdays 7 a.m. to 11 a.m. on NoogaRadio 96.9 FM and other NoogaRadio Network stations, covering local economy and free markets in Chattanooga and beyond. Nothing here is legal advice; if you want legal advice, find a law firm downtown or on another planet — where the law actually matters.
