Texas Constitution Enforcement has joined with the Texas Conservative Grassroots Coalition and 191 other organizations in calling on Governor Abbott to add 5 urgently needed topics to a special session this year simultaneous to school choice.

More to come on how you can ask the Governor to act for what Texas urgently needs.

193 Texas Conservative Grassroots Coalition Leaders Say, “Protect Texans!”

Call for Gov. Abbott’s Immediate Addition of Urgent Topics to 2023 Special Sessions

August 25, 2023

The Honorable Texas Governor Greg Abbott Office of the Governor
P.O. Box 12428
Austin, TX 78711-2428

Electronic dispatch to Steve Munisteri, Senior Policy Advisor; Gardner Pate, Governor’s Chief of Staff:

Dear Governor Abbott:

We write to urge that you add the following five topics to the earliest practicable special legislative session. Upon your careful consideration of the case we herein make, we believe you will agree with us that each of these five issues are daggers pointed at the heart of Texas and the liberty of her citizens.

These topics, vital to the security of ALL Texans, are (1) monetary freedom, (2) operational control of the border/end to child sex trafficking, (3) state-level election law enforcement, (4) electric grid protection, and (5) protection of Fourth Amendment rights and the freedom to travel by legally empowering Texans to disable Biden’s mandated vehicular kill-switches.

The following describes the problem, the solution, and the urgency, which should compel you and the Texas Legislature to rapidly, boldly lead the way in protecting the people of Texas from the imminent threats to:

MONETARY FREEDOM

Problem: Polls show that the number one issue on the mind of American voters is inflation. A growing number of citizens want to stop federal Central Bank Digital Currency (CBDC), which will destroy financial privacy and implement police state control of Texans.

Solution: Legislation to provide sound money, monetary stability, and monetary freedom for Texans and to resist implementation of a federal Central Bank Digital Currency.

The good news is that we already have strong 88^th Regular Session bills that could be and should be reintroduced to expedite this special session issue. We strongly recommend HJR 146 (Capriglione)/SJR 67 (Parker), the right to use currency of choice; HB 4903 (Dorazio)/SB 2334 (Hughes), transactional gold and silver as legal tender issued by the Texas Bullion Depository; and a resolution like HCR 88 (Capriglione)/SCR 25 (Parker), declaring the State of Texas’ opposition to Central Bank Digital Currency.

Urgency: Texans have a growing concern about a coming financial storm, and want ways to protect their families. We may be in the storm before 2025!  The time to build a firewall is before you are in the fire.

BORDER SECURITY / CHILD SEX TRAFFICKING

Problem: The federal government is violating federal law and using our federal tax dollars to enable and subsidize the cartels in their profit-centered slavery of child-sex trafficking, human labor trafficking, and fentanyl poisoning. In addition, many national security experts are warning that the thousands of Chinese and Iranian military-aged illegal border crossers are likely here for nefarious purposes.

While the State of Texas is laudably working to repel border crossings between ports of entry, the US Border Patrol is destroying Texas property and thwarting Texas law enforcement’s legitimate law enforcement efforts.

Solution: Legislation to support the Governor in invoking the self-defense reservation of power to Texas found in Article I, Sec. 10 of the U.S. Constitution and support the Governor in authorizing Texas border enforcers to repel border crossers between ports of entry at the border and to build Texas inspection facilities close to or at ports of entry to catch contraband, including fentanyl. Legislation to require collection, preservation, and analysis of DNA samples of non-citizen children and adults apprehended in the vicinity of the border for storage in databases that can be used to stop child sex-trafficking and other crime. Legislation to add sex-slave trade to existing penal statutes that apply to organized crime and impose severe penalties on all actors including, without limitation, the purchasers of trafficked human beings. Legislation to criminalize crossing the Texas border onto private land between ports of entry and increase penalties for federal agents who interfere with enforcement of Texas law.

Urgency: Every day that we wait to seize operational control of our Texas border with Mexico and delay beefing up and enforcing child sex-trafficking laws means more children’s lives are destroyed, more Texans die of fentanyl poisoning, more terrorists are embedded in Texas, and more people are living in Texas as debt slaves to the cartels. Governor, Texas MUST lead to save Texas!

STATE-LEVEL ELECTION (AND OTHER) LAW ENFORCEMENT

Problem: The 2022 Texas Court of Criminal Appeals’ State v. Stephens opinion prohibiting the Texas Attorney General from independent, state-level prosecution of the violation of election (and other) law makes prosecution of election law violations in the high population counties of Texas in 2024 unlikely. Any law without enforcement is worthless.

Solution: Legislation to implement independent state-level prosecution of election integrity, public integrity, abortion, human smuggling, sex slave trade, sedition, and riot in response to and in compliance with the Texas Criminal Court of Appeals’ State v Stephens decision.

The bill that led the way in the 88^th Regular Session was SB 1927 (Hughes). For a variant on that approach, see also HB 4026 (Schofield).

Urgency: Texas is unlikely to have effective enforcement of election law in the largest counties in 2024 without this legislation. Recently passed improvements to the law enabling removal of recalcitrant prosecutors are worthwhile, but due to long lead times and narrow removal criteria, these improvements will not work to address the looming 2024 problem. It is no secret that in certain counties, Texans cannot rely on local prosecutors to enforce the rule of law! Adding state prosecutorial resources for human trafficking, sex slave trade, abortion enforcement and election law violations will no doubt save the lives of children and protect Texas voters from organized vote theft.

ELECTRIC GRID & CRITICAL INFRASTRUCTURE PROTECTION

Problem: The Texas electrical grid and other critical infrastructure are vulnerable to nuclear electromagnetic pulse (EMP), cyber and physical attack, solar disturbances, and extreme weather. This issue has been discussed for five Texas legislative sessions with no results!

Solution: Legislation to direct and fund the hardening of electrical transmission and generation facilities and other critical infrastructures against the threat of solar disturbances, nuclear electromagnetic pulse (EMP) attacks, foreign and domestic terrorists, and to provide measurable resiliency to critical infrastructure against all-hazards in Texas.

Urgency: Discussion of war with enemies capable of launching nuclear EMP attacks is in the news every day and on the minds of forward-thinking, responsible Texans. NASA has predicted that we have a one in twelve chance of a solar event capable of destroying our grid over the next decade. These urgent threats are worthy of your action. Timely, responsible leadership from you is required to address these threats that could happen any day. Don’t wait!

PROTECTING FREEDOM TO TRAVEL BY STOPPING VEHICULAR KILL-SWITCHES

Problem: The Biden Infrastructure Investment and Jobs Act passed in November 2021 requires all vehicles to be equipped with remote vehicle tracking and disabling technology (otherwise known as a remote kill- switch) beginning after 2026. This poses a direct and imminent threat to travel liberties (the free association of people), to free trade (free market commerce), and to our Fourth Amendment Constitutional right not to be surveilled by the government without a warrant. We dare not trust the federal government with such potential for abuse!

Solution: Legislation to protect the Fourth Amendment rights and other rights of Texans by requiring that they be allowed to disable vehicular kill-switches cheaply and easily.

Urgency: Since the federal law requires every car maker to add the kill-switch to every new vehicle sold after 2026 and since vehicle design lead-times are long, Texas must pass any protections this year to have any impact on the vehicles manufactured for sale. Legislation on this topic in 2025 will be too late to impact vehicle designs for 2026.

Finally, we understand that you plan to add school choice to the next call, and that you plan to focus that session solely on school choice. Governor, we urge you to add these urgent topics to the next session’s call simultaneous with school choice. We worry that House resistance to solid, liberty principle-focused school choice will cause delays and thus YOU will lose the window you need to pass legislation urgently needed to shield Texans from the clear and present dangers we have laid out.

The time to protect Texas is NOW, Governor Abbott!

For liberty – for Texas, we the undersigned 193 conservative Texas influencers, *

JoAnn Fleming, Executive Director, Grassroots America – We the People PAC™ | [email protected]

Tom Glass, Founder, Texas Constitutional Enforcement, SD 18 | [email protected]

R. “Dick” Saulsbury, Conservative Donor, Odessa

Kyle Stallings, Conservative Donor, Midland

George Clay, Conservative Donor, Wichita Falls

Don Dyer, Conservative Donor, Austin

Bill Holmes, Conservative Donor, Midland

Cathie Adams, 1st VP, National Eagle Forum, SD 18

MaryAnne Aiken, Secretary of Board, Grassroots America - We the People, SD 1

William Aiken, Advance Team, Grassroots America - We the People, SD 1

Deborah Bailey, Chair, Coke County Republican Party, SD 31

Anna Bartosh, President, San Angelo TEA Party, SD 6

Jean Bassinger, Precinct chair, Denton County Republican Party, SD 12

Michael & Christina Bastos, Co-founders, Milam County Constitutional Conservatives, SD 5

Charlotte Belsick, Fredericksburg Tea Party, SD 24

Michael Belsick, Secretary, Fredericksburg Tea Party, SD 24

Christin Bentley, SREC SD 1

Beth Biesel, Vice President, Texas Eagle Forum, SD 12

Dianna Biscan, VP of Legislation, Republican Women of Greater North TX, SD 8

Elena Blake, President, Irving Republican Women, SD 16

Joanna Bowen, former President, Secretary, Lake Country Republican Club, SD 1

Larry Bowman, President, Holly Lake/Hawkins Rep Club, SD 1

Judy Brady, Central Texas tea party, SD 24

Janie Brittain, Steering Committee, Garland Tea Party, SD 2

Spencer Brolsma, President, Young Constitutional Patriots, SD 30

Adam Cahn, conservative Austin blogger, Austin, SD 14

Robert Canright, Precinct Chair, Collin County Republican Party, SD 8

Janice Carter, Section Leader, John Birch Society, SD 24

David Carter, Central Texas TEA Party, John Birch Society, SD 24

Rodney Casey, Chairman, Shackelford County Republicans, SD 10

Cindi Castilla, President, Texas Eagle Forum, SD 12

Dee Chambless, Special Projects Volunteer Coordinator, Grassroots America - We the People, SD 1

Monica Cline, Meetings Coordinator, Fredericksburg Tea Party, SD 25

Dr. Dwayne “Doc” Collins, Founder, Edom TEA Party, SD 1

Mel Cooper, Co-Founder and President, Bastrop County Conservatives, SD 5

Vickie Costa, Frisco Tea Party, SD 30

Sylvia Coulson, Executive Assistant, Ellis County Republican Party, SD 22

Ruth Cremin, Founding Member, We the People - Liberty in Action, SD 24

Connie Curry, Founder, West TX Conservative Leadership, SD 28

Debra Damman, Precinct Chair, Williamson County X, SD 14

Susan Deininger, Co-founder, Kerr County Patriots, SD 24

Gaylyn DeVine, SREC SD 11; SD 11 Grassroots Coalition

Nancy Dillard, Immediate past President, Denton County Conservative Coalition, SD 30

Char Doonan, Grassroots America - We the People, SD 1

Chris Drewry, Texas Nationalist Movement, SD 1

Christina Drewry, District Director, Texas Nationalist Movement, SD 1

Sally Driscoll, Bulverde Spring Branch Conservative Republicans, SD 6

Ron Dubner, Collin County Conservative Republicans, SD 8

Devvie Duke, SREC SD 22; Chair of Election Integrity Committee

Sheri Edwards, Precinct Chair, Brazoria County Republican Party, SD 11

Andrew Eller, SREC SD 24

Sherry Eller, Social Media Chair, Central Texas TEA Party, SD 24

Sue Evenwel, Board, Grassroots America – We the People; Conservative Republican Women of NETX, SD 1

Thomas Fabry, Chair - Government Watchdog Committee, Grassroots America - We the People, SD 1

Toni Fabry, Board Member, Coalition Leader, Grassroots America - We the People, SD 1

Marty Farrell, Member, Team America, SD 6

Ann Fitzgerald, VP Membership, Conservative Republican Women of Northeast Texas, SD 1

Davis Ford, President, Central Texas TEA Party, SD 24

Rena and David French, Grassroots America - We the People, SD 3

Lori Gallagher, Co-Director, Tally Texas, SD 24

Alejandro Gauna, Co-Founder, Texas Minority Coalition, SD 1

MerryLynn Gerstenschlager, National Security Chairman, Eagle Forum, SD 30

Mike Giles, Board Chair, Collin County Patriots, McKinney 1st PAC, SD 8

Jill Glover, SREC SD 12, Legislative Priorities Chair, Republican Party of Texas

Richie Grant, Bowie County Patriots, SD 1

Grayson County Conservatives Board of Directors

Robert Green, Precinct Chair, Travis County Republican Party, SD 14

Suezette Griffin, President, Pearland Texas Party, SD 11

Suzanne Guggenheim, Chair, Coastal Bend Grassroots Coalition, SD 27

Rachel Hale, Executive Director, TX Freedom Coalition, SD 1

Roger Hall, Board member/Founder, We the People - Liberty in Action, SD 24

Terri Hall, Founder/Director, Texans Uniting for Reform & Freedom, Texans for Toll-free Highways, SD 24

Tobie Hall, North Texas Conservative Coalition, SD 12

Tracy Hanes, Founder, Freedom Over Fear Citizens Unite, SD 18

Phyllis Harding-Nichols, Team Coordinator, Wood County Concerned Citizens, SD 1

Barbara Harless, Co-founder, North Texas Citizens Lobby, SD 8

Marilyn Harris, Denton County Conservative Coalition, SD 12

Joe Harrison, Founder - retired leader, Cass County Patriots, SD 1

Lee Harvey, Rockwall County GOP, SD 2

Robin Hayes, Chair, Eastland County Republican Party, SD 22

Richard Heizer, Vice Chair, Parker County Republican Party, SD 30

Kelly Holt, Journalist, The New American, SD 5

Rachel Horton, Precinct Chair, Parker County Republican Party, SD 30

Amy Huggins, Vice President, Conservative Coalition, SD 15

Dale Huls, Bowie County Patriots, SD 1

Mary Huls, Executive Board, Bowie County Patriots, SD 1

Lola Hurt, Program Director, Dallas Eagle Forum, SD 12

Bill Hussey, Member, Grayson County Conservatives, SD 30

Kathy Hussey, Llano Tea Party, SD 24

Cathy Jaster, Coordinator, Texans4Truth, SD 5

Barbara Jernegan, Coastal Bend Tea Party Membership Chair, Coastal Bend Republican Coalition, SD 20

Joyce Jones, Board Member, Central Texas Tea Party, SD 24

Christine Kalmbach, Precinct Chair, Harris County Republican Party, SD 7

Robert Kecseg, former SREC SD 1; SD 1 Conservative Coalition Leader

Julie Kellogg, County Citizens Defending Freedom USA, SD 27

Robert Kelsey, Past president, Llano Tea Party, SD 24

Judy Kent, President, Conservative Republican Women of Northeast Texas, SD 1

Michael Kinzie, Founder, TEAParty911.com, SD 7

Vicki Knutson, Group organizer/leader, Restore the Republic, SD 8

Jennifer Kratky, Co-Director, NW Harris County, True Texas Project, SD 7

Dawn Kubin, Member, Cass County Patriots, SD 1

Earl Kubin, Cass County Patriots, SD 1

Carolyn Lance, County Chair, Cass County Republican Party, SD 1

Jennifer LePore-Pope, Precinct Chair, Wood County Republican Party, SD 1

Craig Licciardi, Board Member, Grassroots America - We the People, SD 1; Smith County GOP Precinct Chair

Dennis London, Candidate, London for Texas State House District 33, SD 2

Shari London, Rockwall County Republican Women's Club; Rockwall County Hispanic GOP Club, SD 2

Matt Long, Past President, Fredericksburg Tea Party, SD 24

Mary Lowe, Co-Founder, Families Engaged for Effective Education, SD 12

Susan Lucas, SREC SD 5

Carolyn Lux, Membership Chair, Fredericksburg Tea Party, SD 24

Beth Maynard, Eastland County Tea Party Patriots, SD 22

Kevin McCall, Precinct Chair, Smith County Republican Party, SD 1

Gloria McDonald, President, Denton County Conservative Coalition, SD 12

Michael McIver, Publisher, Texas Conservative Digest, SD 30

Pamela Millisor, Precinct Chair, Bexar County Republican Party, SD 25

Royce Mitchell, Alvin TEA Party, SD 11

Paula Moore, Pro-Life Coordinator, Concerned Women for America, SD 26

Thomas Morgan, Grassroots America - We the People, SD 1

Cynthia G. Murphy, Fredericksburg Tea Party, SD 24

Joseph Murphy, Treasurer, Fredericksburg Tea Party, SD 24

Dr. Dana Myers, Vice Chair, Republican Party of Texas, SD 15

Michael Najvar, Associate Member, Republican Women of Yoakum Area, SD 18

Naomi Narvaiz, SREC SD 25

Kay Neff, Executive Legislative Chair, East Texas Republican Women, SD 1

Lonnie Neff, Chaplain, Cass County Patriots, SD 1

Anne Newman, Director, Speak Up TX, SD 25

Brian Newman, President, Collin Strong, SD 8

John O'Shea, Precinct Chair, Tarrant County Republican Party, SD 9

Robin Occhipinti, Cass County Patriots, SD 1

Mike Olcott, Co-Founder, Parker County Conservatives, SD 10

Karla Oquin, Member, San Angelo Republican Women, SD 28

Ashton Oravetz III, Past County Chairman, Smith County Republican Party, SD 1

Lydia Ortega, Board Member, Connor Harrington Women's Club, SD 8

Sandra Parker, Precinct Chair, Fort Bend County Republican Party, SD 18

Deborah Peppers, Legislative Chair, Texas Federation of Republican Women, SD 18

Oleta Phillips, Plano Citizens Coalition, SD 6

Marc Pitts, Precinct Chair, Smith County Republican Party, SD 1

Gregory Porter, Founder, Texas for Liberty, SD 24

Melinda Preston, Founder, Restore the Republic, SD 6

Eugene Ralph Sr, Vice President, SW Dallas Republicans, SD 16

Deborah Ramsey, Vice Chair, Morris County Republican Party, SD 1

Randal Reeves, President, Lindale Republican Club, SD 6

Joe Resley, Texas Conservative Grassroots Coalition, SD 1

Kathi-Ann Rivard, Precinct Chair, Collin County Republican Party, SD 8

Joy Roberts, Chair, Grayson County Conservatives; Precinct Chair, Grayson County Republican Party, SD 30

Melinda Roberts, Chair, Bexar County Republicans Election Integrity, SD 25

Linda Robertson, Field Director, John O'Shea for Congress CD 12, SD 9

Tanya Robertson, former SREC SD 11, SD 3

Leann Robinson, Treasurer, Republican Women of Wood County, SD 1

David Russell, President, We the People of Wylie and Murphy, SD 8

Sudie Sartor, Treasurer, Texans for Toll-free Highways, SD 25

Selina Sauter, Vice President, Pearland Area Republican Club, SD 11

Diane Schexnyder, Member, Cass County Patriots, SD 1

Jude Schexnyder, Convention of States, SD 1

Rowan Schexnyder, Cass County Patriots, SD 1

Judy Schmidt, Cass County Patriots, SD 1

Josie D Schoolcraft, Grassroots America – We the People, TX, SD 3

Robert Schultheis, Assistant Director of Legislative Oversight, Cass County Patriots, SD 1

Dianna Sharp, Member, Greater North TX Republican Women, SD 6

Jack Short, Grassroots America - We the People, SD 1

Cindy Simpson, Precinct Chair, Brazoria County Republican Party, SD 11

James Simpson, Pearland Area Republican Club, SD 11

Mike Slaton, Red Texas Forum, SD 2

Vicki Slaton, Red Texas Forum, SD 2

Angela Smith, President, Fredericksburg Tea Party, SD 24

Mike Smith, Precinct Chair, Cherokee County Republican Party, SD 3

Murray Smith, Republican Party of Cherokee County, SD 3

James Speiran, Board Member, Grassroots America - We the People; Precinct Chair, Smith County Republican Party, SD 1

Amy Spiess, Fredericksburg Tea Party, SD 24

Dr. Jon Spiers, former Candidate for Texas Land Commissioner, SD 15

Barb Stauffer, Steering Committee member, Garland Tea Party, SD 2

Richard Steenson, former SREC SD 16; A/V Team, Grassroots America - We the People, SD 1

Stephen Sullivan, President, Robson Ranch Conservatives, SD 12

Elizabeth Theiss, former President, the Magnet, SD 15

Shann Turner, President, Lee County Conservatives, SD 18

Lou Vail, County Chair, Knox County Republican Party, SD 28

Sam Walzel, Deacon, Living for the Brand, SD 3

Marcia Watson, Executive Director, Williamson County Citizens Defending Freedom, SD 6

Jeanne Weisz, North Texas Conservatives, SD 30

LTC Allen West (USA, Ret), former Chairman, Republican Party of Texas

Wise County Conservatives Board of Directors

Suzanne Whitsell, President, Republican Women of Wood County, SD 1

Maggie Whitt, President, Minority Engagement Group; Board Member, Hispanic Republican Club of North Texas; SREC SD 8

Gwen Withrow, SREC SD 4

John Wrinkle, Precinct Chair, Franklin County Republican Party, SD 1

Ruth York, Vice President, Tea Party Patriots of Eastland County; Interim Chair, Texas Family Defense Committee, SD 22

Jerome Young, Montgomery County Tea Party PAC, SD 7

Linda Zepeda, Conservative Republican Women of North Texas, Recording Secretary; Grassroots America – We the People, SD 1

Tim Zepeda, Associate Member, Conservative Republican Women of Northeast Texas, SD 1

Charles Zollars, Big Country Conservative Coalition, SD 28

CC: Lt. Governor Dan Patrick
       Texas House Speaker Dade Phelan

*Organizations are listed for identification purposes for the above-signed 193 political opinion leaders who influence thousands of Texans.

The Texas Conservative Grassroots Coalition™ is the premier signature project of Grassroots America –  We the People PAC.™ 

Political advertising paid for by Grassroots America – We the People PAC™

Grassroots America We the People™ « All rights reserved.

Click here for a PDF version of the letter.

Texas Constitutional Enforcement filed a friend of the Senate brief in the Paxton impeachment trial, today, by mailing it to Patsy Spaw, the Secretary of the Senate, who for the Paxton impeachment trial is also Clerk of the Court of Impeachment.

At this writing, we have not heard back as to whether the brief will be formally accepted and will become a formal record of the trial.

To read the brief in PDF form and with legal formatting, table of contents, list of authorities, etc., click here.

Here is the text of the heart of the brief:

INTRODUCTION AND SUMMARY OF ARGUMENT

One of the pillars of a republican form of government is found in the Texas Constitution, art. 1, § 2, reading in part:

All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.

The “prior-term doctrine” rests on this bedrock principle of the Texas Republic.  The doctrine is often referred to as the “forgiveness doctrine,” but is better described as the “voter-sovereignty doctrine.”  Because the doctrine implements a fundamental principle of our republic and our Bill of Rights, it should be applied to reject 19 of the 20 counts against Attorney General Paxton.

Nothing is more important in impeachment proceedings than following the rule of law.  Because the Texas House violated two procedural statutes in impeaching Ken Paxton, all of the impeachment articles are null and void and should be rejected by the Texas Senate.

No law is any good if not enforced, and the proper enforcer of the law violated in the impeachment of Ken Paxton is the Texas Senate, sitting as an impeachment court.

Specifically, the Texas House violated two statutes in their impeachment:

• The Texas impeachment proceeding statute specifying the steps in impeachment. Gov’t Code §665.001.
• The Texas statute requiring that all testimony in Texas House committees be sworn. Gov’t Code § 301.022.

The steps in an impeachment proceeding are to 1) file articles, 2) investigate, then 3) act.  The very word, “proceeding” implies a proper order to impeachment.  The Texas House violated that order by 1) investigating (in secret), 2) filing articles, then 3) acting.  This is not merely an aspirational goal.  Failure to follow the proper order of things is an injustice, just as a hanging first and then a trial would be.

ARGUMENT

I. “PRIOR-TERM DOCTRINE” RESTS ON TEXAS BILL OF RIGHTS

The attorneys for Attorney General Paxton wrote a powerful brief in support of what they call the “prior-term doctrine,” calling for rejection of 19 of the 20 articles because the doctrine applies.

The purpose of this amicus is to point out that the prior-term doctrine is solidly based in Texas Constitution, art. 1, § 2, which says in part:

All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.

This principle is one of the two columns upon which the republic that is Texas is based.  In Texas, the voters are the boss.  The voters are sovereign.  That is why the doctrine should better be known as the “voter-sovereignty doctrine.”

The Paxton brief on the doctrine established the following about the doctrine:

1.  The doctrine is codified in original form in statute (Tex. Gov’t Code §665.081):

NO REMOVAL FOR ACTS COMMITTED BEFORE ELECTION TO OFFICE.  (a) An officer in this state may not be removed from office for an act the officer may have committed before the officer’s election to office.

2.  The Texas Supreme Court held regarding impeachment of a sheriff that the predecessor statute meant that the official “could not be removed from office during his second term for offenses committed during his first term.” Reeves v. State, 267 S.W. 666, 669 (Tex. 1924).

3.  The Supreme Court further opined that the statute did not apply to constitutional impeachments such as the one in question, but rather applied a modified version of the doctrine, i.e., “when such acts were a matter of public record or otherwise known to the electors and were sanctioned and approved or forgiven by them at the election.” In re Laughlin, 265 S.W.2d 805, 808 (Tex. 1954).

4.  The Supreme Court applied the doctrine twice again after that in constitutional judicial removal cases, once in In re Brown, 512 S.W.2d 317 (Tex. 1974) and again in In re Carillo, 542 S.W.2d 105 (Tex. 1976). While applying the doctrine to Judge Carillo, the Court recognized that the acts before his current term were not known to the public, and therefore acted to remove him.  In Brown, the Court said, “The rationale for the doctrine is the sound reason that the public, as the ultimate judge and jury in a democratic society, can choose to forgive the misconduct of an elected official.” Id. at 321 (emphasis added).

5.  As set forth in the Paxton brief, the Texas Senate, sitting as a Court of Impeachment has applied the doctrine three times, once to the impeachment of a statewide officer, a Land Commissioner.

The bottom line is that the voter-sovereignty/prior-term doctrine has been implemented multiple times by the Texas Senate and the Texas Supreme Court.  Their actions are anchored in one of the core principles of our republic and articulated in the Texas Bill of Rights.

We urge this Court to follow precedent, republican principles, and the Texas Bill of Rights by applying the voter-sovereignty/prior-term doctrine in this case.

II. THE TEXAS HOUSE VIOLATED THE STATUTORY ORDER OF IMPEACHMENT PROCEEDING

The very first section of the Texas Government Code Chapter 665 called IMPEACHMENT AND REMOVAL, lays out the proper order for an impeachment proceeding:

Sec. 665.001.  IMPEACHMENT PROCEEDING.  In this subchapter, “impeachment proceeding” includes:

(1)  presenting an article of impeachment;

(2)  investigating a matter relating to a contemplated impeachment; and

(3)  acting on an article of impeachment.

            The very word, “proceeding” implies a proper order:  1) Present, 2) Investigate, 3) Act.

            The Texas House violated the statutory order of impeachment.  Its order was 1) Investigate (in secret), 2) Present, 3) Act.

Ready, aim, fire is very different from fire, ready, aim.  There are essential governmental reasons why a prior Texas Legislature wrote the statute to proceed in a certain order.  The order adds transparency.  The order provides due process.  The order insures that mistakes are not made.  And, the proper order results in a product worthy of consideration by the Texas Senate.

The Texas House violated the Texas statute on impeachment proceeding.  No law is any good without enforcement.  The proper enforcer of that statute on the Texas House is the Texas Senate.

The Texas Senate should find all articles of impeachment produced contrary to law and therefore null and void.

III. THE TEXAS HOUSE VIOLATED THE STATUTE REQUIRING SWORN TESTIMONY IN THE GENERAL INVESTIGATING COMMITTEE

In the impeachment debate on the Texas House floor on Saturday, May 27, 2023, Representative Matthew Schaefer asked Representative Andrew Murr, Chairman of the General Investigating Committee, the following question:

Chairman Murr, do you know whether any witnesses that spoke to the investigators hired by the committee were placed under oath?

Chairman Murr replied:

No witnesses were placed under oath . . .  (emphasis added)

In the Texas Government Code Chapter 301. LEGISLATIVE ORGANIZATION., §301.022. TESTIOMONY UNDER OATH says:

   (a) All legislative committees shall require witnesses to give testimony under oath, subject to the penalties of perjury.

   (b) The oath required by this section may be waived by any committee except a general investigating committee. (emphasis added).

Those who try to remove the top law enforcement official in Texas from office after sovereign voters have put him in that office, should follow Texas law in doing so, basing its actions only on sworn testimony.

The Texas House violated a statute governing its own behavior, and the only body to enforce Texas law against this House lawbreaking is the Texas Senate.

All the articles of impeachment should be dismissed because they are null and void for lack of sworn testimony as required by Texas law.

CONCLUSION

For the foregoing reasons, this Texas Senate, sitting as a Court of Impeachment should dismiss all articles of impeachment against Ken Paxton.

Respectfully,

Tom Glass

Date:  August 23, 2022

I can’t believe that it is summer, already!  I am told that some folks take vacation during the summer and have a bit more time to read. Here are some summertime reading suggestions to help grow your knowledge about and ability to argue for some of the issues we care about here at Texas Constitutional Enforcement:

Resisting the Great Reset

• The Great Reset and the Struggle for Liberty by Michael Rectenwald
• The Great Reset by Glenn Beck
• Woke Inc by Vivek Ramaswamy
• If it Ain’t Woke Don’t Fix It by Ben Shapiro

Books to be released soon which I have on pre-order:

• Dark Future: Uncovering the Great Reset’s Terrifying Next Phase by Glenn Beck
• You Will Own Nothing by Carol Roth

Documentaries

• Plandemic 3 The Great Awakening – found at plandemicseries.com
• Agenda Twin Pack – found at agendaweekly.com

Border Security

• Overrun by Todd Bensman

Medical Freedom

• Rise of the Fourth Reich by Steve Deace & Daniel Horowitz
• A Plague Upon Our House by Scott Atlas
• The Courage to Face COVID-19 by Peter McCullough & John Leake
• Lies My Gov’t Told Me by Robert W. Malone
• I Do Not Consent by Simone Gold MD JD

Federalism and Pushing Back on Federal Tyranny

• The Founding Fathers' Guide to the Constitution by Brion McClanahan
  Constitution Owners Manual by Michael Maharrey ( Mike Maharrey)
• Compact of the Republic: The League of States and the Constitution
  by David Benner (Dave Benner)
• Sovereign Duty by KrisAnne Hall
• Nullification: How to Resist Federal Tyranny in the 21st Century by Thomas E. Woods, Jr.
• What Degree of Madness? Madison’s Method to Make American STATES Again
  by Joe A. Wolverton, II, J.D.
• County Sheriff: America’s Last Hope by Sheriff Richard Mack
• Stolen Sovereignty by Daniel Horowitz
• Restoring the Lost Constitution by Randy Barnett
  A Brief Enquiry into the Nature and Character of our Federal Government
  by Abel Upshur (see files section for an electronic copy)
• A View of the Constitution of the United States by Tucker St. George
  (see files section for an electronic copy)

Documentaries:

NonCompliant by KrisAnne Hall

NC2: The Sheriff by KrisAnne Hall

Fun Constitutionalist Fiction

For gripping fictional accounts of near-term dystopian futures we are trying to avoid:

• All 7 of Kurt Schlicter’s Kelly Turnbull series, starting with People’s Republic
• A compilation of the late, great Mike Vanderboegh’s book Absolved which was only published incompletely in chapter format online.