Rick Perry indicted for 2 felonies (1 Viewer)

[SaintsInDome2006]

Am I off base in thinking that news articles reporting on this situation should quote the statutes being invoked? I just Googled the story and none of the results did that.

In any case, here's the abuse of official capacity section. And here's the coercion of public servant section.

Under the first statute, the state would have to prove that Rick Perry misused government property, services, or personnel with the intention of harming Rosemary Lehmberg. That seems like a stretch. Does his veto pen count as government property? Does executing a veto count as misusing a veto pen?

Under the second statute, the state would have to prove that Rick Perry coercively influenced Rosemary Lehmberg to resign. That also seems like a stretch. In my view, vetoes aren't coercive.

I haven't read any of the cases interpreting those statutes.

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

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

Unless he was demonstrably trying to scrap the ethics unit for other than his stated reason, Perry indictment seems pretty sketchy.

- David Axelrod

 

[Maurile Tremblay]

Wouldn't the veto amount to punitive action?

I don't know. What's wrong with punitive action?

 

[Christo]

Wouldn't the veto amount to punitive action?

I don't know. What's wrong with punitive action?

Punitive actions lead to punitive damages.

 

[Christo]

Am I off base in thinking that news articles reporting on this situation should quote the statutes being invoked? I just Googled the story and none of the results did that.

In any case, here's the abuse of official capacity section. And here's the coercion of public servant section.

Under the first statute, the state would have to prove that Rick Perry misused government property, services, or personnel with the intention of harming Rosemary Lehmberg. That seems like a stretch. Does his veto pen count as government property? Does executing a veto count as misusing a veto pen?

Under the second statute, the state would have to prove that Rick Perry coercively influenced Rosemary Lehmberg to resign. That also seems like a stretch. In my view, vetoes aren't coercive.

I haven't read any of the cases interpreting those statutes.

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

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

Unless he was demonstrably trying to scrap the ethics unit for other than his stated reason, Perry indictment seems pretty sketchy.

- David Axelrod

It seems like neither of those statutes fit the situation. The first talks about "a specific exercise," "a specific performance," or "violate a public duty." Resigning is none of those. Had he said he'd veto funding unless she stopped investigating someone that would fit. And a veto isn't "property, services or personnel." Nor is it something "of value" that came into Perry's "possession."

 

[whitem0nkey]

“This farce of a prosecution will be revealed for what it is and those responsible will be held accountable.” - Rick Perry

 

[Koya]

This farce of a prosecution will be revealed for what it is and those responsible will be held accountable. - Rick Perry

#### just got REAL.

 

[Guest]

This farce of a prosecution will be revealed for what it is and those responsible will be held accountable. - Rick Perry

#### just got REAL.

What would be awesome is of he's cleared, and he gets indicted for saying that.

 

[sublimeone]

When does this drunk ##### come up for reelection?

 

[Bottomfeeder Sports]

My first thought-

For me its just another example of why to vote republicans over democrats. There are corrupt politicians on both sides of the aisle. However, when Bill Clinton breaks the law, he fails to resign and his party backs him up on it. We can trust the republicans to actually resign and respect the office they hold if they get in trouble. The republicans can be trusted with power.

It was Bill Clinton's failure to resign that was pretty much the final nail in the coffin to me ever considering supporting the left, so its a big deal for me.

The fact that the GOP is continuing to be willing to put principle ahead of power makes this a positive step forward for the GOP in 2008. It tells me, "hey I can continue to trust the GOP with power."

 

[MaxThreshold]

This is so much like the witch hunt by Democrats that was going on in WI. It's unbelievable how it is so similar.

 

[Henry Ford]

How the hell is this an indictment?

Because he attempted to use his office to force an elected official to resign. If Obama tried to veto payroll for Congress until Mitch McConnell resigned, that would be abuse of office.

Been thinking about this one.

I lived in Austin, totally not surprised this happened.

There's the fact this lady DA was a disgrace.

I don't think I agree on your characterization of those two things... But I do think some "carrots" fit the bill. Nagin, for instance.

 

[SaintsInDome2006]

How the hell is this an indictment?

Because he attempted to use his office to force an elected official to resign. If Obama tried to veto payroll for Congress until Mitch McConnell resigned, that would be abuse of office.

Been thinking about this one.

I lived in Austin, totally not surprised this happened.

There's the fact this lady DA was a disgrace.

Ok, case in point.

Nagin arranges for Greg Meffert to get tech contracts for crime cameras. I don't even think Nagin got a piece of that but Meffert and St. Pierre sure did.

Obama cuts a deal with Pharma, Pharma supports the passage of the ACA, AKPD, David Axelrod's ad firm, where his son still works, gets a share of $12 million in ACA/Pharma advertising revenue. (Axelrod himself btw sees nothing wrong with what Perry did).

Difference being?

 

[Koya]

This farce of a prosecution will be revealed for what it is and those responsible will be held accountable. - Rick Perry

#### just got REAL.

What would be awesome is of he's cleared, and he gets indicted for saying that.

The script writes itself.

So, who's cast as the Rickster? A smooth talking, perfect coiff having cover for a life as the hottest drag queen in Austin.

 

[Henry Ford]

How the hell is this an indictment?

Because he attempted to use his office to force an elected official to resign. If Obama tried to veto payroll for Congress until Mitch McConnell resigned, that would be abuse of office.

Been thinking about this one.

I lived in Austin, totally not surprised this happened.

There's the fact this lady DA was a disgrace.

Didn't Nagin break a no-bid law when he did that? That's the difference. And Obama also didn't get anything from the deal.

 

[jonessed]

This farce of a prosecution will be revealed for what it is and those responsible will be held accountable. - Rick Perry

#### just got REAL.

What would be awesome is of he's cleared, and he gets indicted for saying that.

Why would he get indicted for saying that?

 

[Guest]

This farce of a prosecution will be revealed for what it is and those responsible will be held accountable. - Rick Perry

#### just got REAL.

What would be awesome is of he's cleared, and he gets indicted for saying that.

Why would he get indicted for saying that?

I just assumed he was pointing a gun.

 

[whitem0nkey]

It seems like republicans are outraged that Rick Perry has been indicted for coercion and abuse of power while they cant figured out how to impeach Barack Obama. I get its a partisan game, both parties do it. If the right can file frivolous suits against our President Barack Obama why can't the Democrats Indict Rick Perry? Both cases are going to be dismissed anyway. I think Texas has sued our leader Barack Obama 30+ times, no biggy, but Perry get indicted and its outrageously unfair?

 

[Abraham]

Not sure if I'm taking the bait or just being honest , but perry is a scumbag who has long manipulated people and agencies all over the state. He has had this coming

 

[MaxThreshold]

Not sure if I'm taking the bait or just being honest , but perry is a scumbag who has long manipulated people and agencies all over the state. He has had this coming

So you must feel the same way about Obama?

Is the default for Democrats now to try and indict their opponents if they don't like election results?

 

[MaxThreshold]

It seems like republicans are outraged that Rick Perry has been indicted for coercion and abuse of power while they cant figured out how to impeach Barack Obama. I get its a partisan game, both parties do it. If the right can file frivolous suits against our President Barack Obama why can't the Democrats Indict Rick Perry? Both cases are going to be dismissed anyway. I think Texas has sued our leader Barack Obama 30+ times, no biggy, but Perry get indicted and its outrageously unfair?

I don't think your explanation is fair. Being indicted is far more serious. Even if it's a made-up offense, the damage is already done.

And the irony here is that Democrats, of all people, are the ones upset at the supposed abuse of power. Democrats - the same people that put Obama into office. I think that they're just upset that someone used their own game against them.

 

[IvanKaramazov]

Not sure if I'm taking the bait or just being honest , but perry is a scumbag who has long manipulated people and agencies all over the state. He has had this coming

I'm not a fan of Rick Perry either, but this indictment seems ridiculous to me.

 

[Christo]

Not sure if I'm taking the bait or just being honest , but perry is a scumbag who has long manipulated people and agencies all over the state. He has had this coming

If being a scumbag and manipulating people is the standard for indicting politicians there aren't going to be many left in office.

 

[sporthenry]

Not sure if I'm taking the bait or just being honest , but perry is a scumbag who has long manipulated people and agencies all over the state. He has had this coming

So you must feel the same way about Obama?

Is the default for Democrats now to try and indict their opponents if they don't like election results?

Is the default for Republicans to sue and impeach their opponents if they don't like election results?

 

[whitem0nkey]

It seems like republicans are outraged that Rick Perry has been indicted for coercion and abuse of power while they cant figured out how to impeach Barack Obama. I get its a partisan game, both parties do it. If the right can file frivolous suits against our President Barack Obama why can't the Democrats Indict Rick Perry? Both cases are going to be dismissed anyway. I think Texas has sued our leader Barack Obama 30+ times, no biggy, but Perry get indicted and its outrageously unfair?

I don't think your explanation is fair. Being indicted is far more serious. Even if it's a made-up offense, the damage is already done.

And the irony here is that Democrats, of all people, are the ones upset at the supposed abuse of power. Democrats - the same people that put Obama into office. I think that they're just upset that someone used their own game against them.

Suing Obama is not politically motivated. Indicting Rick Perry is politically motivated. Because Tea party.

now the right is calling this a witch hunt, i really want feel bad for the right but Benghazi.

 

[jonessed]

It seems like republicans are outraged that Rick Perry has been indicted for coercion and abuse of power while they cant figured out how to impeach Barack Obama. I get its a partisan game, both parties do it. If the right can file frivolous suits against our President Barack Obama why can't the Democrats Indict Rick Perry? Both cases are going to be dismissed anyway. I think Texas has sued our leader Barack Obama 30+ times, no biggy, but Perry get indicted and its outrageously unfair?

I don't think your explanation is fair. Being indicted is far more serious. Even if it's a made-up offense, the damage is already done.

And the irony here is that Democrats, of all people, are the ones upset at the supposed abuse of power. Democrats - the same people that put Obama into office. I think that they're just upset that someone used their own game against them.

Suing Obama is not politically motivated. Indicting Rick Perry is politically motivated. Because Tea party.

now the right is calling this a witch hunt, i really want feel bad for the right but Benghazi.

 

[Todd Andrews]

Not sure if I'm taking the bait or just being honest , but perry is a scumbag who has long manipulated people and agencies all over the state. He has had this coming

So you must feel the same way about Obama?

Is the default for Democrats now to try and indict their opponents if they don't like election results?

Is the default for Republicans to sue and impeach their opponents if they don't like election results?

Yes, its called governing by prosecution. Instead of, you know, actual governing.

 

[greenroom]

It seems like republicans are outraged that Rick Perry has been indicted for coercion and abuse of power while they cant figured out how to impeach Barack Obama. I get its a partisan game, both parties do it. If the right can file frivolous suits against our President Barack Obama why can't the Democrats Indict Rick Perry? Both cases are going to be dismissed anyway. I think Texas has sued our leader Barack Obama 30+ times, no biggy, but Perry get indicted and its outrageously unfair?

I don't think your explanation is fair. Being indicted is far more serious. Even if it's a made-up offense, the damage is already done.

And the irony here is that Democrats, of all people, are the ones upset at the supposed abuse of power. Democrats - the same people that put Obama into office. I think that they're just upset that someone used their own game against them.

Suing Obama is not politically motivated. Indicting Rick Perry is politically motivated. Because Tea party.

now the right is calling this a witch hunt, i really want feel bad for the right but Benghazi.

Love how this is playing out. Rick Perry was all for suing Obama, for basically doing the same thing he is doing. He is trying to do what is best for the state (in his views). Obama is trying to do the best for the country( in his views). Both did something that on the surface is probably in the gray area, but they have the authority to do it. Then the opposite party cries, and puts it in the court system. Hey that sounds like the American way. Don't like something take it to the courts!

 

[Abraham]

The Democratic Party didn't indict rick perry. A grand jury made up of citizens did.

 

[timschochet]

The Democratic Party didn't indict rick perry. A grand jury made up of citizens did.

what's that old saying that a prosecutor can make a grand jury indict a ham sandwich?

 

[timschochet]

Rick needs to take some time off at head and think through his next move...

 

[Koya]

The Democratic Party didn't indict rick perry. A grand jury made up of citizens did.

what's that old saying that a prosecutor can make a grand jury indict a ham sandwich?

HAM SAMMICH FOR PRESIDENT!!!

 

[Abraham]

The Democratic Party didn't indict rick perry. A grand jury made up of citizens did.

what's that old saying that a prosecutor can make a grand jury indict a ham sandwich?

I don't know tim. What is the "old saying?"

 

[Henry Ford]

The Democratic Party didn't indict rick perry. A grand jury made up of citizens did.

what's that old saying that a prosecutor can make a grand jury indict a ham sandwich?

I don't know tim. What is the "old saying?"

Just glad someone is finally taking on the reign of terror brought on by those rapist ham sandwiches.

 

[timschochet]

The Democratic Party didn't indict rick perry. A grand jury made up of citizens did.

what's that old saying that a prosecutor can make a grand jury indict a ham sandwich?

I don't know tim. What is the "old saying?"

Still room for you in the chess tourney.

 

[Christo]

The Democratic Party didn't indict rick perry. A grand jury made up of citizens did.

what's that old saying that a prosecutor can make a grand jury indict a ham sandwich?

I don't know tim. What is the "old saying?"

Still room for you in the chess tourney.

That's not the saying he was looking for.

 

[whitem0nkey]

Rick needs to take some time off at ######head and think through his next move...

from now till 2016 these are all test for the presidency for about half a dozen people.

 

[Sand]

Not sure if I'm taking the bait or just being honest , but perry is a scumbag who has long manipulated people and agencies all over the state. He has had this coming

And yet Texas is easily one of the top couple states in its management.

 

[MaxThreshold]

The Democratic Party didn't indict rick perry. A grand jury made up of citizens did.

Who brought the indictment to the grand jury in the first place? Politically motivated Democrats!

 

[Abraham]

And?

 

[jon_mx]

Good to see the Democrats demonstrating that kookism is alive and well. This is Very Larry Klansmanish.

 

[Bottomfeeder Sports]

Good to see the Democrats demonstrating that kookism is alive and well. This is Very Larry Klansmanish.

I think giving Al Gore (D) credit for creating a forum for you to post is going a bit too far.

 

[jon_mx]

What Perry did is what goes on everyday in politics. This indictment is like trying to criminalize political behavior. This will only make Perry stronger for standing up to the buffoons much like Scott Walker has elevated his status.

 

[avoiding injuries]

That video of the DA is hilarious. After everything that was in it, her lawyer tries to defend her to the reporter by saying that she requested the spit mask for privacy reasons. Lol I realize getting rolled around looking like Hannibal Lector is bad for PR, but I think they're missing the bigger picture.

 

[fatness]

The indictment revolves around Perry’s veto of $7.5 million in funding to state’s public integrity unit., based in the Travis County district attorney’s office. District Attorney Rosemary Lehmberg, who ran the unit, was arrested on charges of driving while intoxicated in 2012. Perry publicly demanded that she step aside. When she didn’t, he vetoed the unit’s funding.

At the same time, the unit, long a weather vane to Texas politics, was investigating one of Perry’s signature achievements, the Cancer Prevention and Research Institute of Texas, for alleged mismanagement.

http://time.com/3121778/rick-perry-indicted-in-politically-charged-texas-battle/

The Cancer Prevention and Research Institute of Texas is a group being promoted by Rick Perry, and the group makes a lot of political contributions. One of its former high-ranking officers has a trial coming up.

Cobbs was indicted in December, 2013 in connection with an improperly awarded $11 million grant to Peloton Therapeutics, a Dallas-based technology firm. He is accused of deceiving two CPRIT officials by failing to disclose that the 2010 grant to Peloton did not undergo a required business or scientific review.

State law prohibits a person from fraudulently causing another to sign a document affecting a financial interest. The charge is a first-degree felony that carries a prison term from five to 99 years.

http://watchdogblog.dallasnews.com/2014/08/trial-of-ex-cprit-official-expected-after-november-election.html/#more-14076

The Cancer Prevention and Research Institute of Texas has reportedly given over $42 million in grants to contributors to Greg Abbot's gubernatorial campaign. Abbot is currently Texas's attorney general and was on the oversight board for the Cancer Prevention and Research Institute of Texas whose officer got indicted.

http://lonestarproject.net/abbott-donors-raked-over-42-million-cprit

No wonder Perry wanted this shut down.

 

[Abraham]

? Abbott May as well he Perry's hand picked successor.

 

[FlapJacks]

What about the officers who made the arrest? By asking her to take the DWI tests and take a breathalyzer, or face consequence, they are attempting to coerce a public official...

 

[Mister Martie]

What about the officers who made the arrest? By asking her to take the DWI tests and take a breathalyzer, or face consequence, they are attempting to coerce a public official...

Flawless analogy here.

 

[Sand]

No wonder Perry wanted this shut down.

This is a bureaucracy. Just because one official goes away doesn't mean this investigation gets derailed.

 

[culdeus]

I really have no idea if this will stick, but the whole thing is hilarious.

The way he ####ed with the public universities in this state is at least as bad as what he did here.

 

[Don Quixote]

Volokh has a couple of analyses of the statutes, with some case law. Generally, he thinks both charges are a bit of a stretch.

Is the indictment of Texas Gov. Rick Perry inconsistent with a Texas Court of Appeals precedent (as to the ‘coercion’ count)? Does a governor have ‘custody or possession’ of funds the legislature wants to appropriate, in a bill that he vetoes?