I am the relator who sued on behalf of the state of Tennessee to end the state of emergency and the fraudulent Covid-19 mitigation project imposed upon 6.8 million people and an otherwise strong free market economy.
By David Tulis / NoogaRadio 96.9 FM
Judges in the appeals court have had my brief on appeal 202 days days, even a YouTube “hearing” 42 days ago to have me put orally into their minds the main claim I have for relief.
The relief is from Gov. Bill Lee and local health administrator Becky Barnes, who retired during the process of my case, filed with and dismissed by unjust judge Pam Fleenor in Hamilton County chancery court.
She refused to take my properly filed petition for writ of mandamus, by law due a resolution in no more than 14 days, and to render equity or mandamus, as I demand either or both.
I believe that the terrible legal writing by Judge Fleenor presages terrible writing by the judges of the appellate court who heard oral arguments Feb. 15. In terrible, oblique and confusing writing, one is able to hide the clear claims of state law under the state constitution. This problem of ruling against the laws and against the constitution cannot be done in clear, vivid language, but only in obscure verbiage misrepresenting concepts such as the divison of powers, the role of the governor in administering the law and the power of mandamus to operate on a malefactor or state agent involved in official misconduct.
The ruling ahead I expect will deny me relief, and force me to have to appeal for a writ of certiorari to the Tennessee supreme court. This court, like chancery, is compromised by having gone with Gov. Lee into a joint venture to overthrow the constitution in an era of disaster capitalism and penal-administrative hubris that reign supreme over the world’s peoples.
The court denied in unsigned “per curiam” decisions three administrative claims for maladministration by the hon. Judge Fleenor in which I highlighted her rejection of the mandamus “forthwith” command and numerous due process rights.
The court of appeals, if it upholds the law and issues mandamus or rules in equity for similar relief, will forestall future such breaches against state law and the bill of rights in the Tennessee constitution. The state and its agents violated multiple parts of this bill of rights, and will by writ and opinion put them in their place.
Tennessee state actors I am suing have set up the government to operate outside the law, against the people. They are ready to go further, as future circumstances would appear to dictate. To go further – to cement and consolidate their gains. The governor. The courts.
The judges working on a ruling against me have to make it sound at least plausible — that they did nothing wrong, did not offend the law, did not breach duty, did not harm anyone, did not abrograte the constitution, did not respect the division of powers.
Omicron ‘disappoints’ elites
The following is from the Plague Chronicle by a writer who goes by the name Eugippius who writes at Substack.com
To nobody’s surprise, we did not get the vaccinator paradise. BioNTech, Moderna and AstraZeneca have not eradicated SARS-2, and this has been very bad for the imprudent politicians and public health gurus who presided over the past two years of social and economic destruction. It has left them to find their own way out of the maze, with no help from The Science that they so love to follow. But, we did not quite get the unmitigated purgatory of undifferentiated, ongoing containment either. In the event, there was Omicron, a third way.
Omicron has proven to be incompatible with the containment regime, at least as currently organised. After a few months, the vaccines enhance Omicron transmission. The hardliners used their non-pharmaceutical interventions to drive everyone into the arms of the vaccinators, and now that the vaccines drive Omicron infections up, the hardliners find that they have no credible containment policies left. All that is left to them, is the petty legal harassment of the unvaccinated.
As if that weren’t enough, Omicron has unpredictable seasonality and it has finally made a farce of contact tracing. The understanding that infections have their own dynamics, which like the weather are beyond our influence, is now implicit across establishment media. And finally, as I’ve noted before, billions of people now have personal experience with SARS-2 infection, which makes state propaganda about the grave threats posed by the virus a far harder sell.
Some countries responded to these developments by dropping all pandemic measures, in some cases more or less overnight. Others, like Germany, are fighting to keep at least some of the Corona circus up and running. Superficially, you might say that in these jurisdictions, the stalemate I envisioned has actually come to pass, but that would be wrong. It’s not any institutional or political opposition, but rather nature and the virus itself, which has put the pandemicists on the defensive. They are left to ponder the possibility of future, deadlier variants which will require a return to harder containment policies and perhaps a new round of mass vaccinations in the fall. Meanwhile, almost everybody has SARS-2 antibodies of one kind or another. The virus must from now on operate in a world of pervasive immune resistance. We will know more after the fall, but think it’s very doubtful that SARS-2 can ever summon the future variants, necessary to restore Corona to its old power.
‘Institutional legacy’ of tyranny
None of this is to say that Corona will vanish from the earth. The virus itself, together with its institutional legacy, will be with us for a long time.
What has ended, is merely the acute phase of a much larger and longer-term phenomenon. In fact, I think Acute Corona has been over for longer than many of us realised. As staged by pandemic planners, virologists, and politicians, this charade was always meant to close with mass vaccination its final act. When the vaccines failed, there was a paroxysm of rage and despair, and then the energy was gone.
While Omicron finally broke containment regime, it would’ve come apart in any case. After the vaccines, there was simply nothing left for anybody to do. Sooner or later, one jurisdiction after the other would’ve started looking for the exits regardless. Omicron was the catalyst, the proximate cause.
Pandemic industry gains market share
We are left, then, with Chronic Corona, because while all the specific energies SARS-2 called forth have exhausted themselves, the broader structures responsible for all of this remain not only intact, but strengthened, even optimised, for a second act. It seems to me we’ve entered an uncertain interwar period; immediate capacity for action is exhausted, but the deeper, driving problems remain unresolved.
There will be no repudiation of lockdowns, masking, and vaccine coercion for a generation or more. Millions of people across the world will now demand their governments respond in this way to every future pandemic threat. The institutional framework and legal understandings necessary to satisfy this demand is in place everywhere.
Politicians and pandemicists know how much is possible, they know how much the people will put up with, and the next time they will push beyond even these boundaries.
What I call the pandemic industry‘ has been massively expanded. SARS-related coronaviruses, and SARS-2 specifically, will remain a focal point of research around the world for a long time, probably for the rest of our lives. That means more lab leaks, harsher responses to milder threats, and constant pressure across academia and the bureaucracy for new laws and new emergency powers.
