Border and Election Integrity Resolutions

This letter is being sent to the 2024 RPT Platform & Resolutions Committee members:

Thank you for serving on the 2024 RPT Platform & Resolutions Committee.  As one who served on your body in 2022, I know how much effort it takes to do so.

This letter is to urge you to consider and pass to the state convention delegates two resolutions, one on Border Security and the other on Election Integrity.

Every RPT convention passes a small number of timely, high priority, big impact resolutions that get major media attention. (Last session we stated the truth that the 2020 presidential election was stolen and we condemned John Cornyn for betraying our right to keep and bear arms.)  There is evidence that overwhelming majorities of Texas Republicans care about border security and election integrity and want effective action now – before the general election in November – on both these issues.

Enforce Border Security Without Delay, Despite the Feds Telling us to Delay

Background:

The occupied federal government violates federal border security law every day, using our tax dollars to the benefit of the various trafficking businesses of the cartels.  Governor Abbott has sent multiple letters to President Biden urging him to stop violating the law and protect Texans from the border invasion, stating that Texans have the natural and constitutional right to defend themselves against this invasion and imminent danger that will not admit of delay.

The governor has declared an emergency and using Texas law, the power of commander in chief delegated him by the Texas Constitution, and the concurrent right of defense reserved to Texas in the U.S. Constitution, deployed Texas military and law enforcement to defend Texans. The Texas legislature passed SB 4 last year, creating Texas law that criminalizes entry in between ports of entry into Texas from Mexico, and allowing removal of illegals under certain circumstances.

Because Texas reserves the power to self defense when it concurrently delegates the duty to the federal government, the federal government under the U.S. Constitution cannot preempt Texas from defending the people of Texas when we are in such “imminent danger as will not admit of delay.”

Yet, the cases have been brought in the federal judiciary against legitimate, constitutional actions by Texas to stem the invasion and address the danger, and worse yet, some parts of the federal judiciary are attempting to delay or stay Texas defensive action when they will not admit of delay!

Proposed Resolution (Click here for PDF version:

WHEREAS, The federal government is deliberately acting in violation of federal law to the benefit of cartels in their trafficking businesses to detriment of the citizens of Texas and the immigrants delivered into the hands of the cartels; and

WHEREAS, Untold number of terrorists under the control this nation’s enemies have been embedded into Texas and the United States due to the deliberate violation of federal law and are a clear and present danger to the security of Texans and Americans; and

WHEREAS, Hundreds of thousands of Americans are dying due to deliberate fentanyl poisoning by cartels using Communist Chinese precursors with the assistance of the federal government’s deliberate open borders policies; and

WHEREAS, The federal government’s deliberate violation of federal law is a violation of the constitutional mandate on the federal government in Article IV, Section 4 to protect Texas from invasion; and

WHEREAS, Under Article I, Section 10, Clause 3 of the United States Constitution, Texas is entitled as a sovereign state of the United States of America to protect itself against this current cartel and border invasion. This constitutional authority grants the State of Texas the power to defend the state when the state has been invaded or is "in such imminent Danger as will not admit of delay"; and

WHEREAS, the Texas governor is taking defensive actions to repel illegal border crossings under authority granted to him by the US Constitution, the Texas Constitution, and Texas law; and

WHEREAS, Texas has recently passed SB 4 providing a method of deportation of invaders after due process; and

WHEREAS, Texas has a natural and constitutional right to self defense that is a power reserved to Texas.  Because a power reserved by Texas cannot be legitimately questioned or denied by the agent to which the power is not relinquished, the federal judiciary has no jurisdiction over if, when, or how Texas chooses to defend itself; and

WHEREAS, Texas is in imminent danger of irreparable harm that will not admit of delay and that any federal judicial stay delays Texas in its self-defense, be it

RESOLVED, That the Republican Party of Texas calls upon Texas law enforcement, the Texas judiciary, and the governor to act to protect Texans from the border invasion and imminent danger, enforcing SB 4 and other such measures as the governor or legislature sees fit to protect Texas, without paying heed to any stays or opinions of the federal judiciary or other branch of federal government to the contrary.  

June Special Session for State Level Election Law Enforcement and Stopping Illegal Alien Registration and Voting

Background:

Problems:  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.

More and more reports are coming in that in addition to violating federal law on immigration and border security, federal agents and the federally funded NGOs are also violating federal and Texas law to register the illegal aliens they are processing to vote.

Both Texas and federal law criminalizing a noncitizen registering and voting exist.  And Texas law criminalizes assisting noncitizens in registering to vote or voting.  But Texas law makes it very difficult to remove non-citizens from voter rolls.

Any law without enforcement is worthless.

Solutions:

  • 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


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

  • Legislation to facilitate removal of non-citizens from Texas voter rolls and mandates to clean up the voter rolls for inactive registrations and registrations with unauthorized non-residential addresses.


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.

I do not want to have to tell Ted Cruz, Donald Trump, or other Republican candidates on the ballot in 2024 that Texas had the opportunity to effectively enforce election law in 2024, but failed to do so.

Proposed Resolution (click here for PDF version:

WHEREAS, the Texas Court of Criminal Appeals (CCA) 2022 State v Stephens opinion stops the Attorney General from independently prosecuting any crime, including election law, and

WHEREAS, Texas big county district attorneys funded by globalist outsiders like George Soros have demonstrated their unwillingness to prosecute many criminal statutes including election law, and

WHEREAS, Ted Cruz, Donald Trump, and other Republican campaigns need effective election law enforcement for the November, 2024 election in the big counties of Texas, and

WHEREAS, Proposition 10 on the 2024 Republican primary ballot called for one method of achieving independent, state-level prosecution of election law, receiving 89.4% of the vote (even with invited Democrat participation in our Republican primary), and

WHEREAS, existing Texas election law does not mandate proof of citizenship to register to vote and voter cleanup procedures under Texas law make it very costly and difficult to identify and remove illegal aliens from Texas voter rolls, and

WHEREAS, several media sources are alleging that federal agencies and federally funded non-governmental agencies are encouraging recent illegal aliens to vote on a large scale, be it therefore

RESOLVED that the Republican Party of Texas calls upon Governor Abbott to call a special session in June, 2024 to increase election integrity.  Specifically, the call should include the following:

  • ELECTION INTEGRITY ENFORCEMENT: Legislation to implement independent state level prosecution of election integrity, public integrity, abortion, human smuggling, sedition, and riot in response to and in compliance with the CCA State v Stephens
  • ENSURING THAT ILLEGAL ALIENS ARE NOT VOTING IN TEXAS: Legislation to require proof of citizenship for new voter registration and a thorough review of existing voter rolls to identify and remove illegal aliens, other non-citizens, those with unauthorized non-residential addresses, and long-time inactive from the voter rolls.


Looking forward to seeing you at the convention and working with you . . .

Toward liberty,

Tom Glass
www.txce.org
832-472-4726
X:  @tomgglass
Facebook:  Tom G Glass
Texas Constitutional Enforcement FB group
Texas Legislative Priorities FB group


Items for 2024 RPT Legislative Priorities

This letter is being sent to the 2024 RPT Legislative Priorities Committee members:

Thanks for serving on the 2024 RPT Legislative Priority Committee.

Wearing my hat as the head of Texas Constitutional Enforcement, this is to urge you to vote to include three items on the RPT priority list.

1. Let Texans Run Texas

Proposed Priority Language:

Texas government should resist unconstitutional federal acts, violation of federal border laws, and the use of financial pressure by globalist institutions that seek to destroy everything Texans hold dear and usurp the political power inherent in the people of Texas.  Such resistance should include stopping unconstitutional federal acts in Texas, defense of the border by Texas without interference by or subservience to the federal government, and the prohibition of the use of globalist financial pressure to destroy Texas businesses

Background

1) “Stopping unconstitutional federal acts in Texas.”

Texas Constitutional Enforcement has been supporting passage of the Texas Sovereignty Act for a number of sessions.  The act creates a standing committee similar to the Sunset Committee that can meet outside the press of the legislative session to identify and prioritize unconstitutional federal acts that should be resisted in Texas by using the Texas Official Oppression Act which makes it a crime for a public servant to violate the rights of Texans.

This overall category can include bills that:

  • Mandate that Texas elected officials refuse to assist federal agents in the prosecution of unconstitutional federal acts;
  • Define areas of intrastate commerce that are immune from federal regulation;
  • Criminalize and restrict weaponization of federal law enforcement against conservative Texans;
  • Stop Texas agencies and subdivisions from receiving federal funds that have strings attached; and
  • Bifurcate elections and voter rolls for presidential electors, state office, and Texas subdivision office from U.S. House and Senate to insure that Texas elections have no interference or corruption from DC.
  • Resist woke federal transportation mandates that restrict Texans’ freedom to travel.

2) “Defense of the border by Texas without interference by the federal government”

This section can include more legislation creating a Border Protection Unit or strengthens the ability of Texas to repel and remove illegals. But its primary purpose is to insure that Texas not agree that in the situation of concurrent jurisdiction over the defense of Texans from invasion and protection from imminent danger that will not admit of delay, Texas will not agree that the federal judiciary has any say over how or when Texas decides to defend itself, and therefore will not delay defending Texans because of injunctions or stays of self defense by the federal judiciary.

This sentiment should also be included in any border security priority, and might not be needed here if it is duplicated in the border priority.

3) “Prohibition of the use of globalist financial pressure to destroy Texas businesses”

Following 2022 RPT Platform Plank 46, Texas Resistance to the Great Reset, Texas Constitutional Enforcement worked on a wide array of bills designed to resist the Great Reset and ESG pushed by global elites and coordinated by the World Economic Forum that meets at Davos annually. A report on what we accomplished and what almost made it last session can be found on the website blog of Texas Constitutional Enforcement.

This category can include bills that will:

  • Prohibit ESG discrimination by companies doing business in Texas;
  • Divest Texas funds like pensions and school funds from companies that push ESG (Environment, Social, Governance) policies and DEI;
  • Prohibit companies that boycott or discriminate against Texas businesses based on ESG, DEI, or ideology from doing business with Texas or its subdivisions; and
  • Resist social media censorship of Texans.

Rationale:

When I ran for state rep and asked GOP voters their top issue, border security was number one, but another statement was just as high: “There are so many things going wrong, I don’t know where to begin.”  As I probed more, the sentiment almost always stemmed from the understanding that everything Texans hold dear is being attacked in an all-fronts war by the feds who illegitimately occupy DC and the globalists using their wealth and corporate control to subjugate Texans.

At this moment in time, we cannot know whether we will take DC back from the Marxists and elitists in November. If we don’t, then this priority will be more important than ever.  Even if we do, the globalists will not give up on their quest to rule Texans, Trump will not be able to stop the Deep State all at once, and we should use the time to get ready for the next assault on Texas.

By staying strong and free, Texas can save and restore America.  If Texas falls, America falls and as Reagan warned, the world will then plunge into a thousand years of darkness.

2. Fighting Inflation and Central Bank Digital Currency

Proposed Priority Language:

To empower Texans to combat inflation and the ultimate police state tool of Central Bank Digital Currency, Texas should recognize the natural right to use currency of choice in the Texas Bill of Rights and provide choices for ordinary Texans to use gold and silver as legal tender in everyday transactions.

Background:

This priority combines two bill concepts fighting inflation and resisting CBDC in one priority.

1) Currency of choice Texas Bill of Rights

This piece passed the Texas House as HJR 146 (by State Rep. Gio Capriglione) 139 – 2 last session. It died without a hearing in the Senate. State Senator Tan Parker introduced the companion bill, SJR 67, in the Senate.  This is the language that would have been added to the Texas Bill of Rights had it passed:

The right of the people to own, hold, and use a mutually agreed upon medium of exchange, including cash, coin, bullion, digital currency, or scrip, when trading and contracting for goods and services shall not be infringed. No government shall prohibit or encumber ownership or holding of any form or any amount of money or other currency. Nothing in this section shall be construed as restricting this state or a political subdivision of this state from only accepting payments made or entering into transactions using certain mediums of exchange.

The choice to hold the wealth one has earned over a lifetime in the form of one’s choice is a natural right which no government should violate. As such, the right to hold and use cash and cash substitutes falls under one of those rights that should be protected under the Ninth Amendment. This natural right needs explicit codification and protection in the Texas Bill of Rights to help stop the assault on the financial and privacy rights of Texans. Explicit recognition in the Texas Bill of Rights strengthens the Ninth Amendment case.

Click here to see the hearing on HJR 146 in the spring of 2023.  See more about the concept at the Texas Constitutional Enforcement website.

2) Choice for Texans to use gold and silver as legal tender in everyday transactions

This is also known as transactional gold, liquid gold, or digital gold. The companion bills in the 88th Legislature were HB 4903 by State Rep Mark Dorazio and SB 2334 by Senator Bryan Hughes.  In the House, the bill passed out of State Affairs and Calendars, but was placed on the General Calendar too late to get a vote.  In the Senate, the bill had a hearing late in session, but was not given a vote in committee.

The bill enables and orders the Texas Comptroller to expand the services of the Texas Bullion Depository to create electronic warehouse receipts for gold and silver stored there that can be traded electronically to do everyday business.  The idea is that anyone can put dollars that will be converted into gold or silver stored at the Texas Bullion Depositor.  The owner will have the receipts on a credit card or app that can be used at any retailer that accepts credit cards.  If the retailer wants dollars instead of gold or silver when the customer uses the card, the Texas Bullion Depository gives the equivalent in dollars on that day to the retailer.  Or the retailer can transfer the receipt for the gold or silver into their Depository account.

Offering a payment via this service would be considered legal tender under Texas law.  The transactionalgold.com website has more detail on the bill and idea. The House hearing around 54:50 and Senate hearing around 38:20 are available on the Texas Legislature Online website.

This new service offering would enable people living paycheck to paycheck to gain the protection of the stability in value of precious metals.  Today, most of that protection is only available to those who have savings.

Note that this transactional gold idea was placed on the 2024 GOP primary ballot as Proposition 7 and it received 76.5% of the GOP primary vote.

Finally, this priority formulation was passed in several places around Texas with the title of “Monetary Freedom.”  I have seen some polling of delegates mentioning the transactional gold piece as “Economic Freedom.”  See the statements in the rationale statement below, but am currently thinking that the title, “Fighting Inflation and Central Bank Digital Currency” sells to the public better.

Rationale:

Money is the lifeblood of our economy.  Unstable money destroys our economy and hurts us all, but especially the poor.  Inflation is THE economic issue that is hurting the vast majority of Texans, today.  It is the issue that is likely to switch many historically Democrat and independent voters to vote Republican in 2024.

Of all the threats to the liberty of Texans, Central Bank Digital Currency, with its programmability, making it the ultimate police state tool, makes it the equivalent in consequence to destroying the liberty of our posterity to open borders and election integrity.

I became politically aware during the Carter-era inflation and saw how the issue of inflation was a major factor in the Republican/Reagan victory of 1980.

This priority is a way that the RPT can help protect Texans from the dire dual threat of inflation and CDBC and show Texas voters that we get what is hurting the ordinary voter and have solutions to solve it right here in Texas.

3. Including state-level prosecution of election law in Election Integrity

Proposed Priority Language:

We have not proposed specific wording, but have passed a resolution at lower levels that says the following:  Resolved that protecting our elections should be a legislative priority of the RPT, and that legislation to allow independent, state-level prosecution of the election code and other statutes that Soros-controlled district attorneys are unlikely to prosecute shall be part of that priority.

Background:

Texas Constitutional Enforcement does not normally get involved in the details of election integrity.  But we do care about rule of law and we care about the danger to Texas of globalist elites like Soros deploying large resources from outside Texas into Texas to compromise the prosecutors in large Texas counties.

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.

Many proposed solutions surfaced in the Texas Legislature, but the approach most likely to insure that we have a second chance at prosecution of election (and other) law in the large counties of Texas was introduced in the 88th Legislature by State Senator Bryan Hughes with SB 1927 and a similar bill by State Rep Mike Schofield, HB 4026.

See the linked testimony on the bill and comparison to other approached by me and by the late Alan Vera on SB 1927.

The most widely discussed approach to restoring state-level prosecution of election law is to simply legislate the delegation of authority to the Attorney General in contradiction to the Court of Criminal Appeals, hoping that the defeat of three of the eight members of the court in the 2024 GOP primary over the issue will persuade one of the five remaining to vote differently in the next appeal.  I think that the Hughes/Schofield approach of complying with the logic of State v Stephens and placing the prosecution under the Texas Supreme Court has a better chance of passage and survival in the courts.  Thinking that we will get Democrat help in passing a constitutional amendment to give election integrity to the Attorney General is, in my opinion, a pipe dream.

Note that Proposition 10 in the 2024 GOP primary called for a constitutional amendment to give prosecutorial authority to the AG.  It passed by 89.4%.  I think that the support for that proposition should not be viewed as exclusive support for the constitutional enforcement path, or even the idea of delegating the power to the AG, but rather as support for the urgent need for independent, state-level prosecution.

Regardless, I think the language of our priority should simply call for independent, state-level prosecution of election (and other) law to give the legislature the flexibility of choosing the approach most likely to achieve success.

Finally, this committee should know that I am crafting a resolution for your fellow Platform & Resolutions Committee that I hope will call for the governor to add this topic to a call for a special session in June, 2024 before the November, 2024 election.  I cannot imagine why Greg Abbott or Dan Patrick would want to look Ted Cruz or Donald Trump in the face to tell them they had a chance, but failed to enforce Texas election law in the big counties of Texas in November.

Rationale:

Any law without enforcement is useless. 

I will personally have comments about priorities hardening our electrical grid and elimination of property tax, but plan to communicate about that wearing different hats.

Looking forward to working with you . . .

Toward liberty,

Tom Glass

Texas Constitutional Enforcement
www.txce.org
X:  @tomgglass
Facebook:  Tom G Glass
Texas Constitutional Enforcement FB group
Texas Legislative Priorities FB group


Bill of Rights Day - Recalling the 150th Anniversary

I celebrate Bill of Rights Day this year by sharing an hour-long Norman Corwin tribute to the Bill of Rights that was released on radio on the 150th anniversary of final ratification of the Bill of Rights.  (Virginia became the eleventh state to ratify ten of the twelve amendments passed by Congress, surpassing the three-fourths of the 14 states necessary for ratification, creating the Bill of Rights.)

The 150th anniversary of the ratification fell on December 15, 1941, which of course, was a mere 8 days after Pearl Harbor.  The tribute made defense of the Bill of Rights a central part of the reason for fighting World War II.

The tribute is star-studded including most prominently Jimmy Stewart, but also including Lionel Barrymore, Edward G. Robinson, Walter Brennan, Walter Huston, Orson Welles and others.

It is an inspiring tribute, but also an interesting period piece in the context of that time.  To my ear, there are some jarring mentions of “fighting for democracy” when discussing the quintessentially republican part of the Constitution.

The title, “We Hold These Truths” is of course taken NOT from the Constitution or Bill of Rights, but the more fundamental Declaration of Independence.  But given that the Declaration says that the purpose of government is to secure unalienable rights and that the Bill of Rights was designed to do just that, I am just fine with the title.

Enjoy this tribute to a defining achievement of American exceptionalism.  And pray and work to be certain that we and our posterity can celebrate it still on the 250th anniversary just 18 years away in 2041.

https://www.youtube.com/watch?v=6f6LIfSnctY


Coalition Letter to Governor re Special Session

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 88th 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 88th 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 Coalitionis 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.

Read more

Friend of the Senate Brief for Paxton

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

 


Paxton Motion to Dismiss 19 Counts - Voter Sovereignty

Today, July 31, Ken Paxton's legal team in the Paxton impeachment filed a motion with the Texas Senate urging it to dismiss all but one of the 20 impeachment articles based on the "prior-term-doctrine" codified in Texas Government Code 665.081.

The motion detailed how 19 of these charges were public knowledge before the most recent election and pointed to precedent that always and clearly states that the doctrine applies to actions before the most recent election.

Most significantly, the motion pointed to three prior Texas Senate impeachment / removal actions where the doctrine was applied by the Texas Senate:

1887 - Judge Frank Willis - acquitted

1893 - Land Commissioner W.L. McGaughey - motion to dismiss based on the doctrine sustained, with 10 Senators signing a letter saying that they agreed with and applied the doctrine.

1931 - Judge J.B. Price - motion to dismiss based on the doctrine sustained

And the motion walks through all the times the Texas Supreme Court has applied the doctrine when it hears impeachment cases (constitutional and statutory alike).

This is powerful stuff!

The motion also stated that they will be filing another motion to dismiss the remaining charge that seeks to remove Paxton because the Office of Attorney General (not Paxton) sought funding for a settlement in a lawsuit by fired employees.
The motion itself is linked from the linked Texas Scorecard article.

I especially like the repeated emphasis in the motion about and quotes from precedents about the rationale for the "prior-term doctrine," which I think can be more properly described as the "voter sovereignty doctrine," on respecting the will of the people.

Article I, Section 2 of the Texas Constitution which is carved in stone on the Zavala Library in the Texas Capitol Complex, says:

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

The attorneys for Paxton open their motion with:
"Impeachment invokes the Legislature's awesome power to override the will of the people."

And here are two quotes from the precedents:
In the 1887 Senate trial, the impeached Judge Willis' counsel successfully argued that "[T]hese people (his peers), the sovereigns of his district, with full knowledge of the same, have passed upon said charges at the polls . . ."

The Texas Supreme Court said in 1975, "the public" is the "ultimate judge and jury in a democratic society."

https://texasscorecard.com/state/ken-paxton-files-motion-to-dismiss-articles-of-impeachment/


Summertime Reading for Constitutionalists

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


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.


Election Integrity Enforcement Special Session

From:   Tom Glass, Texas Constitutional Enforcement (txce.org)

To:       Donald J. Trump

Re:       Action needed now to insure effective election law enforcement in big Texas counties in 2024

Unless Governor Abbott adds election integrity enforcement to one of the special sessions he calls this year, there will be no effective enforcement of Texas election law during the 2024 presidential election in the big Texas counties.  I urge you to urge Governor Abbott to add election integrity enforcement as described below to a special session call.

The Texas Court of Criminal Appeals (CCA) declared in its 2022 State v. Stephens opinion that the Texas Constitution stops the Attorney General (AG) from independently prosecuting any Texas criminal statute including election law.

Two bills (SB 1927 and HB 4026) introduced during the regular Texas legislative session to implement the only solution that can timely solve the problem -- independent, state-level enforcement of election law with a prosecutor office reporting to the Texas judiciary.  But neither passed.

Here is the language of what I have asked Governor Abbott to use to make the call in a special session this year:

  • ELECTION INTEGRITY ENFORCEMENT: Legislation to implement independent state level prosecution of election integrity, public integrity, abortion, human smuggling, sedition, and riot in response to and in compliance with the CCA State v Stephens

Explanation:  Without passing this in 2023, there will be no effective enforcement of election law in the big counties of Texas and the Democrats know it.  Texas Republican leadership does not want to explain to Trump why we had the opportunity to get law enforcement in this vital area, but failed to do so.  The bill that was leading the way and should be introduced again is SB 1927 (Hughes).  For a variant on that approach see also HB 4026 (Schofield).

The additions to the jurisdiction for independent state-level prosecution are also items of great importance to the entire state.

Other proposed solutions were proposed and introduced during this session, one of which passed (HB 17), which gives one additional way for a Texas court to remove district attorneys from office.  But that approach will not insure vigorous election law enforcement in 2024.  Only a replacement for the independent, state-level prosecution that the CCA stopped will get the vital job done.

Toward liberty,

Tom Glass
832-472-4726
[email protected]


Final Report on 88th Regular Session

Final Legislative Status Report (for the Regular Session)

May 30, 2023 (Day After Sine Die of the 88th Texas Legislature)

All of the pomp and posturing and motions and points of order and hearings and votes are over for the 88th Texas Legislature.  Here is my report on the thrill of victory and agony of defeat for the Texas Constitutional Enforcement Legislative Agenda.

We started the session with a meeting in Austin to discuss our Legislative Agenda.  How did we do?

If you have not seen the news, we are already in a special session with two issues called so far – property tax and a very narrow border security bill increasing penalties for smuggling and use of stash houses.  The Governor has also said he plans to call multiple special sessions.  I make reference below to a few items we need to address in those sessions, but hope to do a separate piece on what we need to push being added to 2023 special sessions.

Resist the Great Reset and ESG Scoring Destruction of Texas Business

Monetary Stability and Freedom - Right to Use Cash and Cash Substitutes Amendment

I said at the meeting before the session began that since a financial storm seemed imminent that I considered getting constitutional protection to allow Texans to prepare for that in a way that suited them best was one of my personal top priorities.

As the session progressed, four other bills popped up in the monetary stability/freedom space that either needed to be supported, killed, or modified to stop Central Bank Digital Currency Authorization.

Here is a report on all five bills and concepts:

  • HJR 146 Capriglione / SJR 67 Parker – Addition to Texas Bill of Rights to recognize natural right to use currency of choice. Resolution: Close, but no cigar.  Glorious victory in the House with 139 – 2 vote, only to be ultimately thwarted by behind the scenes opposition by the Lt. Governor.
  • SB 2334 Hughes / HB 4903 Dorazio – Digital warehouse receipts/currency backed by gold and silver in Texas Bullion Depository. Resolution:  Thwarted in both chambers for different reasons.  In Senate, SB 2334 was assigned by the Lt. Governor by design to hostile Senate Finance Chair Joan Huffman, who killed it without a committee vote.  HB 4903 was slow walked in the jam-packed House State Affairs, and placed on last day Calendar, meaning it never got a vote on the House floor.
  • SCR 25 Parker -- Texas resolution against Central Bank Digital Currency (CBDC). Resolution: Passed Senate, but never heard in House State Affairs.
  • SB 895 Johnson / HB 3573 Lambert – Bill to wholesale replace the Texas statute regulating money transmitters like Paypal that was pushed by a consortium of state banking regulators to standardize and “modernize” money transmitter regulation. A word search on bills led me to the bill and I was initially concerned that the bill was paving the way for Central Bank Digital Currency (CBDC) because it included the term “stablecoin,” which I assumed could include CBDC.  Along the way, Chair Capriglione of the House committee told me that he did not think that was the case, but to be certain, Lois Kolkhorst and Nathan Johnson added a section that explicitly excluded authorization or creation of CBDC in the bill.  I thanked everyone for addressing my biggest concern, but still did not favor the bill because it enabled too much interference in Texas by other state banking supervisors.  Resolution: Sent to governor with anti-CBDC verbiage.
  • HB 5011 Capriglione / SB 2075 Paxton – This was the infamous “UCC Update” that looked like it put the CBDC nose under the tent via the capture of a national process designed to make state law as uniform as possible to make it less burdensome and costly for companies to do business in all states. It was this bill that Kristi Noem of South Dakota vetoed with a branding iron after Glenn Beck raised the alarm on his show.  This is the bill that Ron DeSantis worked with the Florida legislature to modify and condemn CBDC.  As soon as I saw that friends who do not support CBDC had introduced the bill, I gave heads up about the issue and political firestorm they were walking into.  Capriglione immediately tweeted language that he planned to amend the bill to insure no support for CBDC could be construed from the updated law.  Resolution:  The bill died quietly without a hearing in either chamber.

 

I plan to write up resolution language to urge the governor to add monetary stability and freedom bills that protect Texans from inflation and CBDC to the call of the special session.

No plan of battle survives first contact with the enemy and every legislative agenda morphs as different bills get filed and discussions with legislators sharpen the focus.

Here is the way the rest of the Great Reset agenda got rearranged and categorized as things progressed.

Prohibition from Doing Business with Texas or its Subdivisions

  • SB 2530 Hughes – Prohibits financial companies that boycott energy companies from doing business with Texas or its subdivisions. Extends SB 19 from last session that applied same to discrimination against firearms and ammunition manufacturers.  Resolution:  Passed Senate but died due to lack of hearing in House State Affairs.

Texas Fund Divestment

  • SB 1446 Hughes -- Stops Texas public employee pensions from investing in companies “furthering social, political, or ideological interests.” Interesting, wide ranging, robust, testimony, the morning after most legislators had gotten to sleep at 3 am.  See video of some of the hearing.  Resolution:  Passed the Senate, but died due to errors in paperwork that caused placement on the House Calendar on last day, then recessing over the weekend and chubbing by Democrats.
  • SB 1489 Creighton / HB 3619 Burrows – Stops Texas university funds from investing in companies that boycott oil & gas companies. Extends SB 13 from last session that required same of Texas pension systems.  Resolution:  SB 1489 passed Senate. Both bills dead due lack of action by House Higher Ed Republican Chair John Kuempel.

Prohibiting ESG Discrimination

  • HB 2837 Schaefer -- Prohibits credit card companies from “surveilling, reporting, or tracking” purchases of firearms or ammunition. Enforced via Attorney General civil suits.  Resolution:  VICTORY!  Sent to governor.
  • HB 1239 Oliverson / SB 833 King -- Prohibits insurance companies from denying coverage, discriminating on rates using ESG factors, or targeting disfavored industries. Resolution:  VICTORY!  SB 822 has been sent to governor.  HB 1239 stopped on House floor with point of order, but Senate action led by King saved the day.
  • SB 1060 Hughes -- Prohibits ESG related shareholder proposals from being adopted for Texas insurers and insurer holding companies. Resolution:  Passed Senate, but died by being placed on House Calendar too late.
  • SB 1607 Kolkhorst -- Prohibits money transmitters like Paypal from fining their customers for their speech. Passed Senate, but died by being placed on House Calendar too late.

Pre-emption of Municipality ESG Implementation

  • SB 1860 Hughes / HB 4930 Craddick – Prohibits cities from passing charter amendments that create climate change policies. Resolution:  VICTORY!  Sent to governor.
  • SB 1017 Birdwell – Bill preempting political subdivisions from prohibiting gasoline engines. Resolution: VICTORY!  Sent to and signed by governor.

Stopping Social Media Suppression

  • HB 3751 Cain / SB 1602 Hughes – Keeps trials against social media under Texas law in Texas, in other words the venue will be in Texas. Resolution: VICTORY! SB 1602 sent to governor.
  • HB 3752 Cain / SB 2510 King – Adds statutory damages from social media companies to Texans who have been suppressed. Resolution:   Author of HB 3752 postponed on House floor, killing own bill.  SB 2510 not heard in Senate State Affairs.
  • HB 4397 Cain / SB 2509 King – includes suppression of Texans speech on social media in definition of deceptive trade practice, enabling penalties of Deceptive Trade Practices Act (DTPA). Resolution: Both bills died due to lack of hearing in Dem chaired House Business & Industry.

Slipping in the Great Reset via Transportation Policy

We had two wins on defense, led by the able and ever vigilant Terri Hall, who spoke at our Legislative Workshop.

  • HB 3418 Canales – proposed using borrowed federal tax dollars to pilot a program to start a mileage tax in Texas. Along with a good number of activists, I testified against, urging the Senate Transportation Committee Chair Robert Nichols and the committee to quoting Barney Fife, “Nip it.  Nip it in the bud!”  Resolution:  VICTORY!  Thanks to Chair Nichols, the bill was indeed nipped.
  • HB 71 Canales – proposed adding digital driver’s license capability so that people could have their driver’s license on their phone instead of a card. I and a few other privacy advocates testified against in the House.  Resolution:  VICTORY!  But Senate Transportation Chair Nichols saved us again by refusing to hear the bill.

 

Call our batting average in Texas Resistance to the Great Reset .412.

Border Security

Ultimately, we had only one victory on border security this session.  We worked with the RPT Legislative Priority Committee head, Kelly Perry to try to implement the three provisions of the priority, and we worked with a good number of other groups and activists, too.

The one victory was the passage of one third of the RPT priority that called for interstate compact authorization on the border.  The bill was SB 1403 by Senator Tan Parker with the assistance of David Spiller in the House.  It has already been signed by the governor.

A few minor bills made it through, but all of the big items on border security, the backing of the governor’s invocation of the self-defense reservation of power provision of Article I, Sec. 10 of the U.S. Constitution, the statutory authorization for Texas law enforcement to engage in tide-turning, game-changing repel at the border, and a new force or unit to deploy in that effort all fell short.  We have a virtual guarantee of a border security call in a special session.  Buckle up!

We accomplished something that has been talked about for over a decade, but never done.  We actually got a comprehensive bill to drafted stop funding taxpayer services for illegal aliens.  That was another third of the RPT Border Security Legislative Priority.  We did not find anyone to sponsor it.  But now we have a draft that can be shopped.

Call our batting average on border security .250.

Medical Freedom and Executive Overreach

Broad prohibitions on mandating vaccinations:

  • HB 44 Swanson / SB 303 Hall – Health care providers who participate in Medicaid and the child health plan program “may not refuse to provide health care service” to enrollees based on “refusal or failure to obtain a vaccine or immunization for a particular infectious or communicable disease.” Penalty to a violating provider is disenrollment from the program.  Resolution:  VICTORY!  HB 44 signed in both chambers.
  • SB 265 Perry – Requires reporting by physicians about experimental, investigational, and emergency use vaccine or drug-related injuries and adverse events to the federal Vaccine Adverse Event Reporting System (VAERS).  Noncompliance subject to disciplinary action by Texas Medical Board.  Resolution:  Passed Senate. Dead in House Public Health due to lack of hearing.
  • SB 1024 Kolkhorst – Hodgepodge bill that tweaks various vaccination matters. Prohibits private and government K-12 and higher ed COVID-19 vax mandates.  Prohibits government mask mandates and lockdowns.  Prohibits health care facilities and employers (with exceptions) from discriminating against COVID-19 unvaxxed.  Resolution:  Passed Senate.  Dead in House State Affairs due to lack of hearing.
  • SJR 66 Hall – Addition to Texas Bill of Rights of right to decline medical treatment, including vaccination. Resolution: Dead due to no vote in Senate HHS.

Narrowly focused on COVID-19 vaccination:

  • HB 81 Harrison (Pub Health) / SB 177 (HHS) Middleton – The good part of this bill is that it casts the unalienable right to refuse using the language of informed consent, which has good legal precedent to back it up. The legislative finding section of the bill is very good.  The bill stops anyone from taking an adverse action or imposing a penalty of any kind for refusing a COVID-19 vaccination and imposes $5,000 or more damages against health care providers who administer such.  The only problem is the sole application to COVID-19.  Resolution:  SB 177 died in House because placed on Calendar the last day.
  • SB 29 Birdwell – Prohibits governmental vaccine mandates, lockdowns, or mask mandates for COVID-19. Resolution:  Minor VICTORY!  Watered down bill with exceptions sent to governor.
  • SB 426 Paxton – Prohibits Texas bureaucracies from interfering with doctors prescribing off-label medicines to address COVID-19. Resolution: Dead due to no hearing in House Public Health after passing Senate.
  • SB 403 Springer / HB 1313 Burrows – Texas study on adverse reactions of COVID-19 vax. Resolution:  SB 403 died after getting to Calendars too late after passing Senate.

Bills Relating to Practice of Medicine and Patient Rights:

  • SB 301 Hall – Texas Medical Board prohibited from disciplinary action against physicians who prescribe ivermectin or hydroxychloroquine and pharmacists are prohibited from disputing or otherwise providing medical advice on the safety of those drugs. Pharmacists are shielded from liability for dispensing the drugs.  Resolution:  Deade to no hearing in House Public Health after passing Senate.
  • SB 1583 Hall – Prohibits higher ed that receive public funds from doing “gain-of-function” research and requires all organizations doing “gain-of-function” research in Texas to report it. Resolution:  Dead due to not enough votes to make it to Senate floor.
  • SB 666 Hall – Requires standing and prohibits anonymous complaints in the Texas Medical Board disciplinary process and beefs up due process in the disciplinary process. Resolution:  Dead due to no hearing in House Public Health after passing Senate.
  • SB 299 Hall – Hospitals must allow care by physician of choice even if physician is not a member of the hospital’s staff, but hospital not liable for damages resulting from treatment provided by the visiting physician. Resolution:  Dead due to no vote in Senate HHS.

Stopping Future Executive Overreach:

  • SJR 58 / HB 1104 Birdwell w House lead Slawson – Constitutional amendment requiring legislative involvement after 30 days for large-scale disasters. Implementing HB 1104 statute stops future lockdowns and limits scope of what laws can be suspended.  Note that this is the bill that implements what the governor said early in session he wants to see before he finally declares the COVID-19 emergency over.  Resolution: Dead due to being added to Calendar on last day after passing Senate.
  • HB 107 Schaefer – Removes separation-of-power-violating open-ended penalties provision in Texas Disaster Act. Resolution:  Dead due to never getting a hearing in House State Affairs.

 

Call our batting average on medical freedom and executive overreach .142.

But I am a count-your-blessings kind of guy. The anti-vax discrimination for Medicare and CHIP (HB 44) victory was HUGE!  The bulk of the credit for that victory in the activist community goes to the indefatigable Jackie Schlegel of Texans for Medical Freedom and Michelle Evans and the army she represented at Texans for Vaccine Choice.

Federal Pushback

Neither our Texas Sovereignty Act (HB 384 Cecil Bell / SB 313 Hall) nor a pushback against unconstitutional federal executive orders (HB 262 Swanson / SB 242 Middleton) made it this session. Only one of those bills even got a hearing, SB 242.  Middleton was able to get it out of committee 7 to 3, but he had enough behind the scenes Republican opposition to stop it from making it to the Senate floor.

The only victory in this space this session was the bill that stops Texas state agencies from enforcing federal regulations on oil and gas that do not exist in Texas law, HB 33 by Landgraf with Springer sponsorship in the Senate.

Election Integrity Enforcement

I worked hard on solving the State v Stephenson Court of Criminal Appeals opinion that stopped the Attorney General from having independent, state-level prosecutorial authority in this state.  I argued that the only way we would get effective election integrity enforcement in the big counties of Texas in 2024 was to create a new state-level prosecution office under the judiciary to comply with the CCA opinion.   The bill doing so was SB 1927 by Hughes.

I include SB 1927 in my federal pushback category because while we were re-establishing state level election integrity enforcement, I was working to add state level public integrity enforcement which includes the Texas official enforcement act, which was an integral part of the Texas Sovereignty Act’s teeth.  SB 1927 was also adding state level prosecution of abortion and human smuggling.  I was pushing to add sedition and riot, too.

Mike Schofield has been a player in this effort, too.  He introduced a Texas Rule of Law bill last session to expand the scope of AG state-level prosecutorial authority, and this session, he introduced HB 4026 with an approach similar to Hughes SB 1927.

We definitely need a special session on this one.  I don’t think either Greg Abbott or Dan Patrick want to tell Donald Trump that they had a chance to get effective election law enforcement in the big counties of Texas in 2024, but failed to do so.

Resolution of SB 1927:  Dead due to opposition by Senator Joan Huffman.

Call the batting average in federal pushback this session .200.

A Band of Brothers and Sisters

One of the most wonderful things about going to the Capitol to advocate for liberty issues is getting to meet and hang out with the wonderful brothers and sisters in arms working on conservative issues at the Capitol, too.

The amount of grassroots participation in this session’s legislative process has been greater than any I have ever seen.  I can list groups I have seen this session, but know I will leave some out because of the sheer volume.  Here are some I can remember of the volunteer, citizen advocates:  the members of the RPT Legislative Priorities Committees, North Texas Conservatives, Fredericksburg Tea Party, True Texas Project, Texans for Vaccine Choice, Texans for Medical Freedom, Texas for Liberty, Texas Freedom Coalition, Citizens Defending Freedom Texas, Convention of States, Texas Eagle Forum, and others I know I am forgetting.  And don’t forget the paid staff of the RPT, Texas Values, GOA, NRA, etc.

There is a perpetual war between the swamp in Austin and the grassroots for influence over our legislature.  The grassroots played the game better this session than ever before.  And the impeachment of Paxton has given the low-information GOP primary voter a way to choose between the establishment and the grassroots in the next primary.  To adapt the old joke, we have gone through lots of manure, but we have gotten to ride a few ponies this session and know there are even more if we just keep looking.


Kangeroo Impeachment

The very first section of Texas Government Code Chapter 665, the law that governs impeachment and removal, describes the proper process for impeachment. There is an order to an impeachment proceeding.
The order is: 1) bring articles of impeachment. 2) investigate. 3) If evidence, vote.
House leadership has not followed that process. Instead, it has 1) Investgated in secret. 2) brings articles of impeachment without any presentation of evidence or due process. 3). Forced a rapid fire vote without transparency, defense or cross examination.
Beria, the head of the KGB under Stalin once said, “Show me the man. I will show you the crime”
In other words, this is a Pearl Harbor sneak attack, a blitzkrieg, and a trumped up (pun intended) kangaroo process. It has all the hallmarks of one of Alinsky’s most cherished tactics - targeted personal destruction.
Here is a email sent out from Grassroots America We The People that includes a statement by Rep Matt Schaefer, who is an attorney.
https://mailchi.mp/gawtp/phelan-inc-backroom-impeachment