EMAIL TO "CONDEMNED USA" (TRENISS EVANS AND JENN BAKER) DETAILING HOW TO GET CHARGES AGAINST DILLON HERRINGTON DISMISSED:

Dear Treniss and Jenn,

Regarding Dillon Herrington, the Alabama Constitution at Section 279 requires a religious test as a qualification to public office:

“All members of the legislature, and all officers, executive and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath or affirmation:

“ ‘I, , solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God.’ ”

Requiring an aspirant to public office in Alabama to invoke the help of God (“So help me God.”) in order to enter upon execution of office is a condition expressly prohibited by Article VI, clause 3 of the U.S. Constitution:

“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

The prosecutor in the Dillon Herrington case has not entered upon execution of constitutional office and is bereft of CAPACITY to take jurisdiction and prosecute Dillon. The prosecutor is usurping exercise of jurisdiction; he has no more authority to prosecute Dillon than his next-door neighbor. This issue has been settled so many times that it is blackletter law: Finley v. United States, 490 U.S. 545, 109 S.Ct. 2003, 104 L.Ed.2d 593 (1989); Christianson v. Colt Industries Operating Co., 486 U.S. 800, 818, 108 S.Ct. 2166, 2179, 100 L.Ed.2d 811 (1988); Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 379-380, 101 S.Ct. 669, 676-677, 66 L.Ed.2d 571 (1981); Kline v. Burke Construction Co., 260 U.S. 226, 233-234, 43 S.Ct. 79, 82-83, 67 L.Ed. 226 (1922); Case of the Sewing Machine Companies, 18 Wall. 553, 577-578, 586-587, 21 L.Ed. 914 (1874); The Mayor v. Cooper, 73 U.S. (6 Wall.) 247, 252 (1867); Sheldon v. Sill, 8 How. 441, 449, 12 L.Ed. 1147 (1850); Cary v. Curtis, 44 U.S. (3 How.) 236, 245, 11 L.Ed. 576 (1845); McIntire v. Wood, 11 U.S. (7 Cranch) 504, 506, 3 L.Ed. 420 (1813).

If you will demand of the prosecutor in the Dillon Herrington case, the provision of the U.S. Constitution that gives him the capacity to take jurisdiction and prosecute Mr. Herrington, the prosecutor will abandon the case and drop the charges.

The first ten pages of this instrument show why the prosecutor is bereft of authority: https://drive.proton.me/urls/1HNDZMQ8DM#dGD5b7esizbc

A demand letter such as this one, https://drive.proton.me/urls/W86YP554Q0#HS7Zo5ERD546 , plus Section 279 of the Alabama Constitution, give you all the citations you need to make this case disappear.

I can help you with this. There is no one but me who is pushing this issue—and I do not lose. If you will give me a number I will call you.

With greatest respect,
Phillip Evan Owens