Rick Perry indicted on two felony charges

[lfinsr]

Only if enough voters demand a law that requires the removal of elected officials with any criminal convictions above a Class C Misdemeanor. The state integrity unit belongs in the AG's office, not any county DA office, especially, the corrupt Travis County DA's office.

Chas.

Charles or anyone else,

Why is this not applicable? Seems 87.013(3) fits the case perfectly.

[The Annoyed Man]

A Travis County indictment against a Republican is Chicago-style political crap. It didn't work with Sen. Hutchison or Tom DeLay and it's not going to work with Perry either. The Travis County DA is a drunk who won't resign even after getting a DWI conviction and she's behind this stunt.

Chas.

Exactly right!

And I am not surprised. Austin has a long and rich history of Democratic DA's at odds with Republican's and Conservatives. I do not regret moving away from the city in which I was raised.

FLINT!!! How are you, you old dog? Where the heck have you been?

[ELB]

The case just gets curiouser and curiouser:

Turns out there was already an abuse of office case in the works: against Lehmberg.

And the special prosecutor has an issue of his own: he is facing contempt proceedings for “encouraging a witness to refrain from appearing in court and avoiding subpoena by the State” (via Patterico)

[VMI77]

What he did was wrong. Plain and simple. He has been charged and indicted. He spent too long in office and his arrogance got the best of him.

So, you're in favor of drunk driving DA's who are contemptuous of law enforcement and seek special treatment for themselves remaining in office? Wow. Just wow.

A typical liberal too.....it's the cops fault for arresting her, not her fault for driving drunk. That attitude alone should disqualify her from holding any public office.

[ELB]

Wow. Even the Austin American-Statesman is having problems with the stench surrounding the Democrats' flailing:

... a claim has arisen from some Democrats that Perry wasn’t just trying to push a political opponent out of office – but that he was trying to stop a criminal investigation that could have been damaging to him.

...[communications director for the Democratic National Committee Mo] Elleithee’s email charges that the CPRIT investigation “was underway when the governor called for the head of that investigative unit to resign. Perry pushing Travis County District Attorney Rosemary Lehmberg to resign was a win-win. Lehmberg either resigned and he appointed her successor or he vetoed the PIU’s funding. Both would have the same effect: stopping the investigation into the CPRIT its tracks.”

... Elleithee’s email, however, left out some key details about the CPRIT investigation — including that two months before Lehmberg’s arrest, she told reporters that none of Perry’s appointees to the CPRIT board were “under suspicion in the investigation.”

...January 2014: CPRIT commercialization chief Jerry Cobbs is indicted. Cobbs’ indictment alleges that he misled former CPRIT executives by failing to disclose that the Peloton Therapeutics grant application hadn’t been reviewed as required by law. Lehmberg says no other indictments are expected.

http://www.mystatesman.com/news/news/de ... 112.735464" onclick="window.open(this.href);return false;

The NY Times is having trouble with this one too. They can't resist slamming Gov Perry in the process, and can't see why he should be trying to drive out a drunkard DA, but they also can't see how the indictments hold water either.

[TomV]

What he did was wrong. Plain and simple. He has been charged and indicted. He spent too long in office and his arrogance got the best of him.

So, you're in favor of drunk driving DA's who are contemptuous of law enforcement and seek special treatment for themselves remaining in office? Wow. Just wow.

A typical liberal too.....it's the cops fault for arresting her, not her fault for driving drunk. That attitude alone should disqualify her from holding any public office.

I'll respond to this once.

You are making baseless values accusations about me and you don't know the first thing about me other than I did post my political leanings in another post.

Perry used strong arm tactics to coerce a public official from office. If he had simply kept his mouth shut and vetoed the appropriations we wouldn't be here. Texas constitution allows him to do that. I agree, she should not be where she is. There should be a means for removing her from office. However, she pled guilty, served her time, and is now looking at going back on her statement that she would retire at the end of her term and is talking about running again.

I also believe, as I have stated before, there are people totally caught up in the politics of this, and if the affiliations were reversed would still be siding with their own political affiliations.

I will not respond to personal attacks again.

[Cedar Park Dad]

I've never voted for Governor Blowdry, but this action is just stupid. Seriously?

The political ad writes itself.

"Rick Perry was indicted by the Democrats for threatening to veto money to drive this person out of office."
(shows video of drunken DA)

"Rick Perry 2016, he'll get the drunks out of office."

[Charles L. Cotton]

What he did was wrong. Plain and simple. He has been charged and indicted. He spent too long in office and his arrogance got the best of him.

So, you're in favor of drunk driving DA's who are contemptuous of law enforcement and seek special treatment for themselves remaining in office? Wow. Just wow.

A typical liberal too.....it's the cops fault for arresting her, not her fault for driving drunk. That attitude alone should disqualify her from holding any public office.

I'll respond to this once.

You are making baseless values accusations about me and you don't know the first thing about me other than I did post my political leanings in another post.

Perry used strong arm tactics to coerce a public official from office. If he had simply kept his mouth shut and vetoed the appropriations we wouldn't be here. Texas constitution allows him to do that. I agree, she should not be where she is. There should be a means for removing her from office. However, she pled guilty, served her time, and is now looking at going back on her statement that she would retire at the end of her term and is talking about running again.

I also believe, as I have stated before, there are people totally caught up in the politics of this, and if the affiliations were reversed would still be siding with their own political affiliations.

I will not respond to personal attacks again.

I don't like the borderline personal attacks against you either.

Your statement about Perry is wrong on at least two levels. First, what is did is not "wrong" either legally or morally. Have you looked at the two statutes he allegedly violated? If so, please tell us which specific provisions you feel he violated.

Secondly, you imply that Perry should have simply vetoed the funding bill without first trying to get the convicted criminal to resign. While he could have done just that, he took the high road by trying to avoid having the PIU shut down. Some think that's a laudable goal, but I don't because it shouldn't be in any county DA's office; it should be under the direction of the AG.

The only thing political about this is the despicable conduct of everyone involved in the indictment. Absolutely no person, entity or media outlet that I have seen has supported the indictment, but many all over the country have condemned it as a political assassination attempt by the Democrats. The Texas Democratic Party on one occasion called for Perry to resign, but when it quickly became obvious that Republicans and Democrats, conservatives and liberals, were condemning the indictments, even the Texas Democratic Party wisely shut up.

You imply that Lemberg has done everything an elected DA should do under the circumstances; i.e. plead guilty and "server her time." I doubt anyone other than Lemberg herself would agree that it's okay for a sitting DA to drive drunk, then not only stay in office, but also head the State's public integrity unit. If driving drunk and risking the lives of innocent people isn't enough to call her integrity into question, refusing to resign as DA simply because a Republican Governor would appoint a Republican to replace her most certainly does.

The fact that Democrats and liberals haven't been screaming for her resignation since the day she was arrested speaks volumes their character and integrity. This applies also to the Travis County Commissioners Court that could have and should have removed her from office.

Chas.

[Cedar Park Dad]

The fact that Democrats and liberals haven't been screaming for her resignation since the day she was arrested speaks volumes their character and integrity. This applies also to the Travis County Commissioners Court that could have and should have removed her from office.

As a resident of the "greater Austin area" I'd thought she'd been kicked out/pressured to resign a long time ago. I'd caught nary a word about Perry's veto etc. until this charge came up.

Frankly she hasn't been the only DA/Police office in recent memory busted for DUI here. I think this one was actually pulled over in my church's parking lot, but not sure.

[Jim Beaux]

Seems this tactic is becoming a common one for the dems....Tom Delay, Scott Walker, Sarah Palin, Joe Arpaio, Chris Christie, and now Perry. Have I omitted anyone?

[Charles L. Cotton]

Seems this tactic is becoming a common one for the dems....Tom Delay, Scott Walker, Sarah Palin, Joe Arpaio, Chris Christie, and now Perry. Have I omitted anyone?

You left out Sen. Kay Bailey Hutchison who was indicted by Travis County DA Ronnie Earle, only to have him admit in court that he didn't have a case against her. The judge swore in a jury and directed it to acquit Sen. Hutchison, since dirt bag Earle didn't have a case. This was likely done to prevent dirtbag from doing it again; something he was quite capable of doing. The Travis County DA's office is a cesspool of dishonest political hacks. A recently fired ADA found that honesty was forbidden in Lemberg's office.

Chas.

[video][/video]

[TomV]

I don't like the borderline personal attacks against you either.

Your statement about Perry is wrong on at least two levels. First, what is did is not "wrong" either legally or morally. Have you looked at the two statutes he allegedly violated? If so, please tell us which specific provisions you feel he violated.

Secondly, you imply that Perry should have simply vetoed the funding bill without first trying to get the convicted criminal to resign. While he could have done just that, he took the high road by trying to avoid having the PIU shut down. Some think that's a laudable goal, but I don't because it shouldn't be in any county DA's office; it should be under the direction of the AG.

The only thing political about this is the despicable conduct of everyone involved in the indictment. Absolutely no person, entity or media outlet that I have seen has supported the indictment, but many all over the country have condemned it as a political assassination attempt by the Democrats. The Texas Democratic Party on one occasion called for Perry to resign, but when it quickly became obvious that Republicans and Democrats, conservatives and liberals, were condemning the indictments, even the Texas Democratic Party wisely shut up.

You imply that Lemberg has done everything an elected DA should do under the circumstances; i.e. plead guilty and "server her time." I doubt anyone other than Lemberg herself would agree that it's okay for a sitting DA to drive drunk, then not only stay in office, but also head the State's public integrity unit. If driving drunk and risking the lives of innocent people isn't enough to call her integrity into question, refusing to resign as DA simply because a Republican Governor would appoint a Republican to replace her most certainly does.

The fact that Democrats and liberals haven't been screaming for her resignation since the day she was arrested speaks volumes their character and integrity. This applies also to the Travis County Commissioners Court that could have and should have removed her from office.

Chas.

What I see is Perry supporters trying to make this all about Lemberg. Focusing on why he did instead of what he did. I think it's misdirection. The focus should be what he did.

Quid Pro Quo. This for that.

In these terms, Perry said resign or I'll defund your unit. A negative form of quid pro quo, but I see it the same. He attempted to coerce her through negative consequences to take a specific action. How is it all that different than a politician approaching a financial supporter and saying; " For a $100,000 donation I'll see to it you get favorable consideration on contracts." ? All I see is the money flowing the opposite direction.

The prosecutor who was assigned to the case was assigned by a conservative Williamson County judge. From the articles I have read about him, he is respected on both sides of the political fence. I also read somewhere, that a good prosecutor could get an indictment against a ham sandwich.

[ELB]

What I see is Perry supporters trying to make this all about Lemberg. ...

Because she is clearly abusing the process by trying to criminalize the governor's legitimate powers and actions, and she has no moral standing to be a prosecuting attorney.

In these terms, Perry said resign or I'll defund your unit. A negative form of quid pro quo, but I see it the same. He attempted to coerce her through negative consequences to take a specific action. How is it all that different than a politician approaching a financial supporter and saying; " For a $100,000 donation I'll see to it you get favorable consideration on contracts." ? All I see is the money flowing the opposite direction.

Not seeing the difference between exercising the political powers put granted by the Texas Constitution and the graft of taking donation for influencing contracts is a rather large dollop of willful blindness, is it not? Coercing her to resign because she doesn't have the moral integrity to be DA of anything, much less the Public Integrity Unit, is not only not unlawful, but not immoral -- and as most people have noted, forthright and needed.

Political coercion, especially through the budget, is purposefully built into the system, and it is one of the few ways the Texas Governor has to exercise influence over the government. Again by design.

It is not the Perry supporters who are letting their politics blind themselves here. Even the NY Times is having to hold its nose and poo-poo this farce by the Democratic machine.

[TomV]

He was indicted under 39.02 and 36.03

39.02 --- Ok I don't see it.
Sec. 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; or

(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment

Subsection 2 is the only one with a felony attached to it, and I don't see how what he did violated 39.02.

I can see this one.

Sec. 36.03. COERCION OF PUBLIC SERVANT OR VOTER. (a) A person commits an offense if by means of coercion he:

(1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant's known legal duty;

I can see this in his actions, but does this exempt him?

(c) It is an exception to the application of Subsection (a)(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body. For the purposes of this subsection, the term "official action" includes deliberations by the governing body of a governmental entity.

If it does, then I was wrong and I have learned something today.

[ELB]

I can see this in his actions, but does this exempt him?

(c) It is an exception to the application of Subsection (a)(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body. For the purposes of this subsection, the term "official action" includes deliberations by the governing body of a governmental entity.

Legally speaking, bingo. The indictment tries to dance around this by stating the DA and the governor are not members of the same governing body of a governmental entity...but of course the law does not say "the same governing body", it says "a governing body."

Even without this exception, the law would still not apply, since the Gov did not ask her to violate her duty, he asked her to resign.