Troutman Flag of Texas War for Independence

TEXAS LEGISLATORS – Their OATH and DUTY is to Preserve, Protect, and Defend our God-given, Human, Rights secured by our Constitutions and Laws from those in the Executive & Judicial Division who act contrary to and in opposition to our Laws.

Law is not destroyed, nor Liberty lost, by a lack of forceful enforcement of the Law, but by a lack of compliance with the Law. Law is preserved, protected, and defended when those who act in our government comply with the law and demand others in positions of public trust do the same.

Our Legislators have the power to demand compliance. That power is in the public treasury the Executive and Judicial divisions now want a part of.  Use it as a tool to demand compliance AND; Hold them accountable to the Law! Make them pay Restitution and Remedy. They will then comply with the law. Our Rights will once again be secure.

  • The idea that a government should be free to unlawfully imprison people without even the minimal deterrence of Restitution for their lost property and Remedy for their injuries is abhorrent.
  • The idea is asbolutely repugnant to a free people.
  • It is unacceptable to the descendants of those who valued Liberty more than Life.
  • It defeats the very purpose for the creation of Constitutional Law, and other Laws made in pursuance of the primary objective of Constitutional Law.
  • It is the opposite of THE RULE OF LAW!

It cost the Public Treasury NOTHING to provide Restitution and Remedy to victims of unethical and illegal acts committed by those in the Executive and Judicial Divisions. Legislators can collect it from the State Treasury. If they don’t like it they can buy insurance. 

Carved in Stone on Texas Archives Bldg next to Capitol

NEW - Below Letter to Legislators

We require that we purchase insurance before we drive a car. Our criminal justice system is a greater danger to public safety. Those who drive it – police, prosecutors, and Judges – should be required to purchase insurance to protect their employing entity, the State, from liability. Or the State should seek recovery from them for the cost to the State for the Restitution and Remedy that is the Right of those who are victims of their malfeasance and crimes.

NEW -see below - Letter to Legislators

The Right to Remedy for an Unlawful Imprisonment

      • Is NOT a Right that any, even Legislators, can legally choose to grant or deny.
      • Is NOT a Right that ANY have been delegated power to create or destroy.
      • It is NOT Right that ANY can lawfully or ethically limit into non-existence.

It is a RIGHT that springs from “THE LAWS OF NATURE AND NATURE’S GOD”, not from Humans. This recognition is evident by the establishment of security for this Right in Human Made Law. It is a God-given Right recognized and found in;

      • The Law of our Texas Constitution.
      • The Law of our United States Constitution,
      • In International Law as a Universal Human Right
      • As well as in Ancient Law considered the Root of our Law & Liberty, the Great Charter of Liberties, the Magna Carta, over 800 years ago.
      • And in other, even older, legal and religious texts. Including the New and Old Testaments of the Judeo & Christian Bible.

It is of no benefit to The People of Texas to have a government free to unlawfully imprison them. The Laws of Nature and Nature’s God demand you collect the Restitution and Remedy that is due people government was created to benefit. COLLECT FROM THE STATE WHAT IS DUE.

LEGISLATORS; It’s easy. You simply take a teeny tiny portion of what The State of Texas (government) wants you to give them from The Public Treasury deduct what is due to their victims.

If those in the Executive and Judicial Divisions of our government don’t like it then they can do like the rest of us. They can begin to COMPLY WITH THE LAW and do what they can to insure others in those divisions comply as well. They can also purchase insurance to cover their loss resulting from the errors, omissions, and acts in violation of our Rights and Laws that cause harm to The People of Texas.

Our Law requires that we purchase insurance before we drive a car. They should be required to purchase  insurance before they drive our government – in particular the dangerous criminal justice system.

It defeats the purpose for the existence of Law

when government is above the law.

The protective value of Law is lost

when government no longer complies with the Law.

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Dear Legislator (includes those hired into the division, as well as the elected)

QUEST FOR HONOR IN OUR TEXAS LEGISLATURE

In past sessions I humbly came before you, our Legislators, with my plea that you honor your Oath of Office. I asked you to preserve, protect, and defend our Right to Remedy. The Right to Remedy for the unlawful acts of those who act in the name of government for our State is absolutely essential to securing all other Rights in our Texas Constitution’s bill of rights, and to providing us with the protection of the laws you make in pursuance thereof! If government can violate our Constitutions and Laws with impunity then, in practical effect, we have no Constitution nor other Law. We have only the appearance, the color, the pretense of Law without any of the protective value. The very cause and reason for Constitutional Law and Law of our Representatives has been negated. 

In past sessions some Legislators evaded their oath and duty of their Office of public trust. They excused their dishonor by shifting the blame to the division of government known as the Executive represented by the Office of the Attorney General. That division of government has, in the past, excused their dishonor by shifted the blame to the Judicial division also known as the Courts. Some in the Judicial division have evaded their duty and excused their dishonor by shifting the blame back to you, our Legislators. I am, again, asking you to comply with the Law of our Constitution. A Law that creates a legal obligation for you to provide me with the Remedy required for compliance. Legislators can no longer evade their Oath and Duty by shifting the blame.

The Last Word from the Attorney General

Our Attorney General recently addressed a letter to me. Dated September 24, 2018 a copy was sent to members of our Legislative Budget Board. The letter concludes with the following:

As we have discussed previously, should you choose to pursue a waiver of sovereign immunity from the Legislature, this office will offer no opinion to the Legislature as it is purely a policy decision of the Legislatures, and will serve to inform only when asked about the legal (sic; procedural) history of your case.

Our Attorney General has acknowledged that the only division of government now responsible for depriving this Texan of his Right to Remedy is yours, our Legislative Division.

The Last Word from the Courts

Quoting from a document titled memorandum opinion:

From first paragraph: “The State has appealed the judgment, contending that Heimlich’s claims are barred by sovereign immunity.”

From the last paragraph: “Accordingly, we will reverse and render judgment dismissing Heimlich’s wrongful- imprisonment claim for want of subject-matter jurisdiction, and that Heimlich take nothing on his takings claim.”

In layman’s’ terms the Judicial Division of our government is asserting that you, our Legislative Division, closed the Texas Courts to a Texan. A citizen ‘The State of Texas’ has acknowledged is a victim of an unlawful taking of his property and other injuries suffered by unlawful acts of the hands of ‘The State of Texas’ (ie; State Government). The only contention of The State, as represented by the then Attorney General, was that you, our Legislative Division, had not waived sovereign immunity.

NO UNRESOLVED QUESTIONS. NOTHING TO LITIGATE.

The Courts for our State of Texas in a final adjudication, not subject to further review, acknowledged that I am the victim of an unlawful taking (also damage and destruction) of my property. On conclusion of a trial to determine the amount of required to Remedy my lost property and injuries a Final Judgment was entered into the public record. With the post-judgment interest required by your Law the amount due at the conclusion of the upcoming session is $1,593,000.

Our Office of the Attorney General of our State of Texas (OAG) on appeal of the Final Judgment did not challenge the conclusion that my property had been unlawfully taken by The State of Texas; did not challenge the conclusion that I had been injured by The State of Texas, and did not challenge the amount established by the evidence produced at the trail on damages. The State of Texas, limited their request for review to a repeat of their prior assertion that you, our Legislators, had placed the State of Texas above the law of our Constitutions, and your own laws, by closing the courts to The People of Texas who are victims of crimes committed by the State.

Deprived of the Law of our Constitution that protects my Right to Remedy

My God-given Right to Remedy for my injuries is secured in the Law of our Texas Constitution as a “inviolate”, and as “excepted from the powers of government”, with the additional protection that “all laws to the contrary are void”. My Texas Legislature, alone, is depriving me of this Right!

You are are elected or employed and paid by us, The People of Texas, the public, to preserve, protect, and defend our God-given Rights. Rights that we, as Human Individuals, are endowed with God as our creator. Rights secured in our Texas Constitution’s Bill of Rights. This is Law that was ratified by a blood sacrifice to the Laws of Nature and Nature’s God! Who among you does not know of the Battle of San Jacinto and the admonition to Remember the Alamo!

REQUEST FOR ACTION

Open the court that the Executive and Judicial Division have said your division has closed. Section 27 of Article 1 of our Texas Constitution secures the ancient means for this. It was known as a ‘Petition of Right’ to the Monarch, in the common law of England, that evolved to be addressed to the Parliament. Today it is by means of an application, in the form of a resolution, to our Texas Legislature. Will you step up to sign as author and file this resolution for the payment of the FINAL Judgment that established what is required to Remedy the unlawful acts of The State of Texas?

I look forward to your reply to my request. Visit my HONOR QUEST website; honorquest.org and INFORMED CITIZENS, informed.org for additional background information.

Thank You, Ed xxxx, a Human Person, a Citizen of Texas and the US

August 10, 2018

Dear Attorney General,

My Right to Remedy and My Right to Restitution

are absolute.

All Laws to the Contrary are Void

In past sessions I asked our Legislators to appropriate what is required to provide me with the Remedy and Restitution due me as a legal obligation of the State of Texas. My request was thwarted by an assertion from your Office of the Attorney General that there was no law that established the obligation I claimed. This is a false statement of law that you have duty to remedy. See Rule 3.03 TRDP, duty of Candor, to which you are bound by Texas Government Code § 81.072.  

The Law that makes the Obligation Legal

The Law that makes the obligation a Legal Obligation is found in (1) the ancient law of the Magna Carta; and, (2) the relatively recent law of the International Community made part of our Supreme Law of the Land in 1992; but most poignantly for Texans, (3) in our Texas Constitution’s Bill of Rights.

 

Rights in our Texas Bill of Rights are inherent, inalienable, god-given, natural, Rights that we hold so dear our Constitution secured them with these words:

TEXAS CONSTITUTION

Sec. 29. BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT AND INVIOLATE. To guard against transgressions of the high powers herein delegated, we declare that everything in this “Bill of Rights” is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.

  1. My Right to Remedy is secured by Section 13 of Article 1. Any law contrary to that right is void.

     

  2. My Right to Restitution is secured by Section 30 (a)(4) of Article 1. Any law contrary to that right is void.

Any with English language reading comprehension skills at the 8th grade level can interpret our Texas Constitution. The Law of our Constitutions, and Statutory Law made by our Legislature, are not written in a foreign language. Ignorance of the Law due to an inability to understand (interpret) the Law is no excuse for depriving me, or any other citizen, of our right to the protection and benefits of our Laws. Certainly not a valid, cognizable, excuse for someone with a license to practice law.

 

Law of Attorney General is Void,

My Right excepted from the power of the Executive Division of Government

Our Texas Constitution does not give you, our Attorney General, or those who assist you with the functions of your office, the power to make law. Some of our Legislators, and some of those employed to assist them in the performance of their duties seem to be of the impression it does. Rather than read our Constitutions, and their own laws, they look to the Office of the Attorney General for the Law!

A failure to correct their false impression of who makes the law, as well as the substance of the law, is a violation of your duty of candor to their tribunal. Furthermore; Your Law is void if it deprives me of my Right to Remedy and Right to Restitution. My Right to Remedy and Restitution is excepted from the power of the Executive Division of our government. You abuse your official capacity by using the power of your office to deprive me of my Right to Remedy and Right to Restitution.

 

Decisional Law of the Judiciary is Void

My Right excepted from the power of the Judicial Division of Government

A Final Judgment determined what is due me as Remedy and Restitution for my property loss and injuries. This is a legal obligation of The State of Texas. In the past one or more in the Office of the Attorney General obstructed the appropriation required to satisfy this obligation. They told those in our Legislative Division that the Final Judgment had been reversed. They relied upon an opinion of the Third Court of Appeals. As you know; When an Opinions of our Courts interprets statutory laws it is referred to as ‘decisional law’.

 

 

Section 29 of Article 1 of our Texas Constitution is unequivocal. That decisional law of the Judiciary is as void as any other that would deprive me of my Right to Remedy and my Right to Restitution. My Right to Remedy and Restitution is excepted from the power of the Judicial Division of our government. You abuse your official capacity if you tell our Legislators otherwise.

 

 

And if we say an ‘interpretation’ of legislative intent of Law made by your, our Legislators, deprives me of my Right to Remedy then obviously your law as void the same as is what might be referred to as Law made by the Judiciary by means of ‘interpretation’. 

 

EGREGIOUS, TREASONOUS, CRIMINAL ACTS

In my case the imprisonment I suffered was not simply ‘wrongful’, as in the case of a mistake due to as of yet undiscovered evidence. No. It was the result of violations of the supreme Law of the Land by those hands of the State of Texas with a duty to know better. It was the result of criminal acts. The reversal of the conviction with my acquittal (finding of innocence) left no question. I was the victim of criminal acts of Abuse of Official Capacity and Official Oppression.

 

 

A Professional license, such as a license to practice Law, is proof of knowledge. No one with sufficient knowledge to secure a license to practice law, as required for employment as a prosecutor or judge in a criminal court in Texas, can claim they did not have knowledge, or in other words did not knowingly, violate section 16 of Article I of our Texas Constitution. This is a provision of our Bill of Rights intended to secure my right to be protected from being prosecuted by my government for doing a thing which, when done, was a lawful act. And to protect me from prosecution when my actions were to enforce the obligations of a legal contract.

 

Sec. 16. BILLS OF ATTAINDER; EX POST FACTO OR RETROACTIVE LAWS; IMPAIRING OBLIGATION OF CONTRACTS. No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.

 

Protection from the type of prosecution I was subjected to was also deemed so essential for liberty they were placed in Article 1 of our United States Constitution in 1788. Long before the Bill of Rights was added. These are Rights considered so essential our supreme Law of the Land imposed these protections on the governments of the States as well as on the United States. See sections 9 & 10 of Article 1, US Constitution.

 

The author of these provisions of our United States Constitution was Alexander Hamilton. He wrote about the Prohibition against Ex Post Facto Laws in what has been published as # 84 of The Federalist Papers:

The creation of crimes after the commission of the fact, or, in other words, the subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny.

 

The Violation of the prohibition of Ex Post Facto / Retroactive Law

The State of Texas, by and through the Office of the District Attorney of Harris County unlawfully took my property from my bank account. Why? Because I asked the bank to withhold payment on a check. Obviously an action I had a legal right to take. If not, the Bank would have simply refused to withhold payment and told me why. By asserting what I had asked of my bank was an act of theft the State made, ex post facto, or retroactively, illegal what was legal at the time it was done.

 

 

The Violation of the Prohibition of Laws impairing the Obligations of Contracts

My reason for asking the bank to withhold payment was the outstanding obligation under the contract between me and the person to whom I had issued the check. He had an existing obligation and it appeared he was attempting to evade additional obligations that were unknown to me. I was acting within the boundaries of a legal contract, also known as private law, between us. The State violated that law in violation of the prohibition in our Texas Constitution’s Bill of Rights.

 

Perpetrators of Crime & Treason

Our Texas Constitution is law relating to the Office of District Attorney for Harris County, and those hired to assist in that Attorney’s actions performed in the name of The State of Texas. The mandate of November of 1999 in the case of The State of Texas vs. Ed  proves that I, Ed, was the victim of the crime of abuse of official capacity and the crime of official oppression. See Attached Mandate.

 

Our Texas Constitution is law relating to the Office of the Attorney General and the employment of those hired to assist him in the performance of his duty to preserve, protect, and defend the Constitution and Laws of the United States and of this State. The mandate of January, 2003, in the case of Edmund Heimlich vs. The State of Texas prove that I have been a victim of the crime of abuse of official capacity and the crime of official oppression. See Attached Mandate.

 

Texas Penal Code

§ 39.02. ABUSE OF OFFICIAL CAPACITY.

(a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:

  1. violates a law relating to the public servant’s office or employment;

Sec. 39.03. OFFICIAL OPPRESSION.

(a) A public servant acting under color of his office or employment commits an offense if he:

(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;

(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or

(3) intentionally subjects another to sexual harassment.

(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.

 

Conclusion

It has clearly and unquestionably been the intent of the Office of the Attorney General to harm me with libelous, false statements of law and fact, and to defraud me of the Remedy and Restitution that is my Right to possess and enjoy. These are acts of Abuse of Official Capacity and Official Oppression.

 

Dear Attorney General. Please stop the Obstruction of Justice, stop the Abuse of the Official Capacity and Official Oppression that is being committed in your name. I do not want to be required to ask the local district attorney to ask you to assist them in prosecuting those who have been or currently are employed in you Office, the Office of the Attorney General.

 

I assure you that even if my local district attorney refuses to prosecute I will do everything within my power to make sure The People of Texas, America, and the World knows of what I have experienced in Texas. They will be advised to not invest here or risk having their property unlawfully taken by the State. They will be advised not to move their business and employees here due to the risk they, or their employees, will be unlawfully imprisoned with their business and reputation destroyed. They will be advised that Texas is a land without Law. A land where the Constitutions and laws are suggestions that those employed at tax payer expense are free to disregard with absolute impunity.

Thank You, Ed, a Constituent of yours. A member of the public that you have a duty of service to.