Texas Governor Rick Perry Indicted For Abuse Of Power

[Alamo]

Time for an update:

SB10, Relating to the investigation and prosecution of offenses against public administration, including ethics offenses, and offenses involving insurance fraud or the imposition of the motor fuels tax, soon to be known as the "Goodtime Rosemary Bill", is scheduled for hearing by the Senate State Affairs Committee on Monday.

Four bills have been filed affecting the Public Integrity Unit, all in the Senate - my search did not bring up any in the House. Not sure why, maybe there is a structural reason?

All of them remove it from the Travis County District Attorney's office.

Three of them put it in the State Attorney General's office; one creates a Public Integrity Committee composed of the judges who head the state's judicial districts (this seems...odd) and the Committee appoints a prosecutor to head the PIU.

I am thinking that SB10 is the one to watch, because:
- It has one of the low bill numbers that the Lt Governor (who actively presides over the Senate) assigns. I assume he gives those low numbers only to bills he likes and wants to see prosper.
- SB10 was assigned to the State Affairs Committee. Senator Joan Huffman is the author of SB10. Senator Huffman is also the Chair of State Affairs Committee.
- The other three bills were assigned to the General Investigating & Ethics Committee, none of the bill authors chair that committee, and none are on the committee. And no hearings on them scheduled.
- SB10 is already scheduled for a hearing -- and of course, the bill's author is conducting the hearing!

All four bills provide that prosecution of a public official will occur in that official's county of residence. IIRC two of them provide that the PIU will lead the prosecution, but may ask the DA from the official's county of residence to help. One of them provides that the local county DA gets first crack at prosecuting a referred cased, but may ask the PIU attorneys to do it instead.

Senator Huffman's bill is a bit different yet in that first the PIU will investigate any allegations, and this will involve a Texas Ranger verifying the findings. If the PIU decides to proceed, it will refer the case to the administrative judge who presides over the judicial administrative district where the official resides. Then that administrative judge will give the case to the a county or district attorney who is not from the public official's county of residence. That prosecutor will then decide to pursue the case, or terminate it. If pursued, the prosecuting attorney will then prosecute it in the county of residence of the accused official -- in other words, the prosecuting attorney will not be on his home turf, but the accused will.

Interesting. I wonder how many people out of the Travis County PIU will get hired into the new one?

SB10: Texas Legislature Online - 84(R) History for SB 10

 

[Kirk Freeman]

"Goodtime Rosemary Bill"

You may have to explain that to them.

 

[Alamo]

Time for another update: One down, one to go.

A state appeals court on Friday ruled against one of two counts in the indictment against former Gov. Rick Perry.
The 3rd Court of Appeals in Austin specifically found a problem with the second count, which alleges Perry coerced a public servant.
...

The appeals court agreed with Perry's lawyers that his threat was a part of the give-and-take of politics, protected by the First Amendment. In doing so, the appeals court cast doubt on how state District Judge Bert Richardson interpreted the definition of "coercion" under the law.
...

The court upheld the first count, which accuses Perry of abusing his power.
...
"The only remaining count we believe to be a misdemeanor, and the only issue is whether the governor’s veto – or any veto in the absence of bribery – can ever be illegal," Tony Buzbee, Perry's top lawyer in the case, said in a statement. "The appeals court made clear that this case was questionable. The remaining charge is hanging by a thread, and we are confident that once it is put before the court, it will be dismissed on its face.”

Appeals Court Rejects One Count in Perry Indictment | The Texas Tribune

 

[jamil]

Can't say that I'm a Perry fan but the charges have appeared to be, from the start, political butthurt.

 

[chipbennett]

Governors have veto power. FULLSTOP.

Political witch hunt.

 

[Blackhawk2001]

The same thing done to Trent Lott by the same office, and probably with the same result (after a couple years the charges against him were either dropped or vacated.) It's also the reason Sarah Palin resigned as Governor of Alaska; frivolous lawsuits and charges by her opposition.

 

[Alamo]

The same thing done to Trent Lott by the same office, and probably with the same result (after a couple years the charges against him were either dropped or vacated.)....

You mean Tom DeLay (Trent Lott was from Mississippi). Delay was initially indicted by the same office, and convicted by a jury from heavily Democratic Travis County. DeLay's conviction was overturned by an appeals court, and this was sustained 8-1 by the Texas Court of Criminal Appeals (the highest court that hears criminal cases in Texas.)

But aside from that detail, you are correct as to the political nature of both prosecutions. Or persecutions.

 

[Alamo]

Eugene Volokh weighs in:
https://www.washingtonpost.com/news...ionally-intrudes-on-the-governors-veto-power/

 

[oldpink]

I would point out the hilarity of Jarrell so confidently claiming this was the end for Governor Perry, especially when he gladly puts himself on the same side as the truly lunatic fringe Travis County, but the steady stream of dismissals of what are clearly abuse of the prosecutorial system do all the talking for me.
One can only wonder how the few voters not a full bubble off evel left in Travis County view this abuse of power and waste of taxpayer dollars and resources.

 

[GodFearinGunTotin]

I would point out the hilarity of Jarrell so confidently claiming this was the end for Governor Perry, especially when he gladly puts himself on the same side as the truly lunatic fringe Travis County, but the steady stream of dismissals of what are clearly abuse of the prosecutorial system do all the talking for me.
One can only wonder how the few voters not a full bubble off evel left in Travis County view this abuse of power and waste of taxpayer dollars and resources.

I'll bet a great many applaud this. But it's nothing new. Many on the right would do the same if the shoes were on other feet. We all want "our side" to win but too many of us only care about the ends, so we'll justify whatever means are employed.

 

[Expat]

I'll bet a great many applaud this. But it's nothing new. Many on the right would do the same if the shoes were on other feet. We all want "our side" to win but too many of us only care about the ends, so we'll justify whatever means are employed.

I don't know. It seems like a lot of us on the right get too concerned about that whole rule of law thing...

 

[GodFearinGunTotin]

I don't know. It seems like a lot of us on the right get too concerned about that whole rule of law thing...

It certainly is detrimental to just gettin' stuff done.

 

[KG1]

I would point out the hilarity of Jarrell so confidently claiming this was the end for Governor Perry, especially when he gladly puts himself on the same side as the truly lunatic fringe Travis County, but the steady stream of dismissals of what are clearly abuse of the prosecutorial system do all the talking for me.
One can only wonder how the few voters not a full bubble off evel left in Travis County view this abuse of power and waste of taxpayer dollars and resources.

It does seem rather odd that MJ will prattle on about his great dislike for everything Texas except for the over zealous politically motivated prosecutorial system in Travis County.

I suspect he would change his tune dramatically if they had a libertarian in their crosshairs.

 

[oldpink]

I'll bet a great many applaud this. But it's nothing new. Many on the right would do the same if the shoes were on other feet. We all want "our side" to win but too many of us only care about the ends, so we'll justify whatever means are employed.

I would agree, except that the politically motivated prosecutions nearly always come from one side.
Matter of fact, I can't think of one from the right that was clearly political.
Ted Stevens from Alaska had his conviction thrown out as an abusive prosecution...but not before he was killed in a plane crash and already run out of office.
Tom Delay's conviction was also tossed out, again because it was determined political and without grounds.
Matter of fact, Travis County, TX has a long and sorry history of this, and I can tell you that it sure isn't conservatives weaponizing the prosecutorial system there.
Anyone who knows even a little about Texas politics knows that.

 

[GodFearinGunTotin]

I would agree, except that the politically motivated prosecutions nearly always come from one side.
Matter of fact, I can't think of one from the right that was clearly political.
Ted Stevens from Alaska had his conviction thrown out as an abusive prosecution...but not before he was killed in a plane crash and already run out of office.
Tom Delay's conviction was also tossed out, again because it was determined political and without grounds.
Matter of fact, Travis County, TX has a long and sorry history of this, and I can tell you that it sure isn't conservatives weaponizing the prosecutorial system there.
Anyone who knows even a little about Texas politics knows that.

You got me there. I'm know the cases you're talking about. I'm sure there are similar ones slanted the other way but I can't think of any off the top of my head.

 

[GodFearinGunTotin]

I would agree, except that the politically motivated prosecutions nearly always come from one side.
Matter of fact, I can't think of one from the right that was clearly political.
Ted Stevens from Alaska had his conviction thrown out as an abusive prosecution...but not before he was killed in a plane crash and already run out of office.
Tom Delay's conviction was also tossed out, again because it was determined political and without grounds.
Matter of fact, Travis County, TX has a long and sorry history of this, and I can tell you that it sure isn't conservatives weaponizing the prosecutorial system there.
Anyone who knows even a little about Texas politics knows that.

You got me there. I'm know the cases you're talking about. I'm sure there are similar ones slanted the other way but I can't think of any off the top of my head.

 

[ArcadiaGP]

2nd charge thrown out. Of course, damage was already done so it doesn't matter.

Texas court clears ex-Gov. Rick Perry of 2nd felony charge

 

[HoughMade]

But who's going to stand up for the right of prosecutors to drive drunk?

 

[AmmoManAaron]

But who's going to stand up for the right of prosecutors to drive drunk?

Well, it sounds like they already file charges while drunk, so why not drive drunk too?

 

[Cerberus]

Guess his holiness isn't going to save him from this. Two felony indictments for abusing his powers as governor. LOL. Hope he gets what's coming to him. Corrupt politicians should always be made to pay. He'll look good in orange.

http://www.nytimes.com/2014/08/16/u...d-over-veto-of-funds-for-das-office.html?_r=0

Well I guess you was wrong.......again......