Tag Archives: Rick Perry

political news, State news

Governor had no business demanding resignation

Dave Kemp is a friend of mine who happens to be a lawyer who works in the public sector.

He knows Texas law better than most folks, including me. He put something on Facebook today about Gov. Rick Perry’s indictment that is worth sharing here.

Kemp writes: “There is a lot of spin going on involving the Governor’s felony indictments. Here are my observations: 1. Whether or not the Travis County DA should have resigned is not the question. The question is did the governor violate the Texas Penal Code by trying to force her to resign. Therefore, Perry should stop trashing Ms. Lehmberg, who has paid the price for her own criminal conduct – she pled guilty and served jail time. And a removal suit against her was unsuccessful. So … focus on your own conduct, Governor. 2. What business it is of the governor if the DA doesn’t resign? That’s what elections and removal suits are for. The governor had no responsibility for the DA’s conduct. We must conclude that at best he was using bullying tactics that he would condemn if a Washington politician tried using. 3. What collateral damage did the governor do by cutting the funding for the Public Integrity Unit? It certainly didn’t harm the DA. But it could have harmed other criminal investigations. The veto was an irresponsible act.”

The most interesting element in this post is contained smack in the middle of it.

“What business is it of the governor if the DA doesn’t resign? That’s what elections and removal suits are for.”

A grand jury indicted Perry on two felony counts of abuse of power and coercion. He demanded that Travis County DA Rosemary Lehmberg resign after her drunk-driving conviction. If she didn’t do as he demanded, he then threatened to veto money for the public integrity unit her office operates. She didn’t quit; he vetoed the money.

Kemp’s point is a valid one.

Gov. Perry became entangled in what essentially is a local political matter. I agree that Lehmberg behaved badly; she broke the law and should have resigned. I said so, too, at the time. She didn’t listen to me, either.

However, for the governor to then carry this fight further speaks to political bullying.

It’s been reported that other DAs have been accused of drunk driving, but we heard nary a peep out of the governor’s office. This one is different. Lehmberg is a Democrat, Perry is a Republican, and Lehmberg’s office was looking into some allegations against key GOP allies of the governor.

It’s been speculated that Perry’s interest in Lehmberg’s drunk-driving case had everything to do with how he could remove a partisan nemesis.

Yes, politics can be a nasty affair. I’m betting Gov. Perry is going to learn that lesson the hard way.

 

 

 

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Pentagon sucked into partisan battle

Of all the federal agencies charged with looking after our national interests, one would think the Pentagon — the military arm of our massive federal bureaucracy — would be immune from partisan political bickering.

Guess again.

Texas Gov. Rick Perry, no doubt seeking to change the subject from his indictment back home over abuse of power and coercion, says Islamic terrorists might have slipped into the United States across our southern border.

How did that play in the Pentagon? Not well.

http://thehill.com/policy/defense/215761-pentagon-no-evidence-of-isis-at-southern-border

“I’ve seen no indication that they are coming across the border with Mexico. We have no information that leads us to believe that,” Admiral John Kirby, press secretary for the Joint Chiefs of Staff, said on CNN’s “New Day.”

Kirby said the governor has no basis for making that suggestion, which he did in a speech to the Heritage Foundation, a conservative think tank.

Perry is considering a run for president in 2016. He’ll have to dispose of the indictment handed down the other day in Travis County. Good luck with that, governor.

He’s going to be making more of these statements in the weeks and months to come, especially after he leaves the governor’s office in January.

It is troubling that politicians are able to make assertions without providing a scintilla of evidence.

ISIL — or ISIS, as it is also known — is a despicable terrorist organization that has taken credit for the beheading of American journalist James Foley in Syria. Have the monsters infiltrated our southern border? Kirby says the Pentagon has no evidence of that happening.

That won’t stop the Texas governor from making potentially reckless statements. He’s got a proven record of it already.

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What if DA was a Republican?

Politicians will tell you every time they dislike hypothetical questions or scenarios, especially when they present potential threats.

With that in mind, let’s pose this hypothetical question: Would the governor of Texas call for the Travis County district attorney to resign after her drunk driving conviction if she were a Republican?

I doubt seriously that would have happened.

You know the story, yes?

DA Rosemary Lehmberg, a Democrat, was caught driving drunk. She was booked into the jail and made quite a scene during her processing. She runs the public integrity unit out of her office, which has been investigating some high-profile Republicans, such as attorney general candidate Ken Paxton. Republican Gov. Rick Perry got wind of her drunk driving arrest and threatened to veto money appropriated for her office if she didn’t quit her job. He made quite show of it that threat, in fact.

I happen to agree with the governor on one point: Lehmberg should have resigned, as she lost her credibility as a prosecutor because she had done the very thing for which she sends others to jail. I said so at the time of her arrest.

A grand jury took up the case and indicted the governor on two felony counts of abuse of power and coercion.

Perry has responded defiantly, accusing the grand jury of gross politicization.

OK, then. Back to the question. Would the governor have said a word about the DA had she been a member of his own party?

My trick knee is throbbing as I ponder that and it’s telling me Gov. Perry would have kept quiet.

Has the governor, then, fallen victim to the white-hot politics of the moment?

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Judge to Perry: Nix that threat talk, governor

The Rick Perry Story has taken another strange twist.

A judge has warned that the Texas governor might be violating the law by threatening grand jurors who indicted him this past week on charges of abuse of power and coercion.

http://www.statesman.com/news/news/judge-warns-against-perry-grand-jury-threats/ng6zb/

Judge Julie Kocurek of the 309th District Court, admonished the governor for saying this: “I am confident we will ultimately prevail, that this farce of a prosecution will be revealed for what it is, and that those responsible will be held to account.”

The grand jury indicted Perry on felony charges involving his veto of money for the public integrity unit run by Travis County DA Rosemary Lehmberg, who had been convicted of drunk driving. Perry demanded her resignation; she refused to quit; she served her time in jail; Perry vetoed the funds.

The Austin American-Statesman reports that the only people Perry could be threatening would be the grand jury, the judge and the prosecutor. Kocurek, a Democrat, says Perry’s statement could be construed as a violation of state law.

As the American-Statesman reports: “The Texas Penal Code that outlaws obstruction and retaliation says that anyone who ‘intentionally or knowingly harms or threatens to harm’ a grand juror faces a second degree felony, which is punishable by up to 20 years in prison.”

I once served on a grand jury in Randall County. We all took an oath to do our job with due diligence and we promised to be faithful to state law and the state Constitution. Of course, we didn’t have any case that approached the level of interest and controversy as this one in Travis County.

Still, if I were a grand juror who did my job faithfully and diligently, I would take extreme exception to what the governor has threatened.

The grand jury would be “held to account”? For what, doing its job?

The governor ought to heed the judge’s warning … and keep his mouth shut.

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Perry dips into campaign coffer

This might be the only positive — or semi-positive — thing I’ll say about Texas Gov. Rick Perry’s effort to defend himself against prosecutors who’ve charged him with coercion and abuse of power.

He’s going to use campaign contributors’ money to pay for his defense.

Good going, Gov. Goodhair.

http://www.texastribune.org/2014/08/20/questions-mount-about-perrys-legal-fees/

There. I’ve said it.

Perry says he doesn’t want to saddle taxpayers with the cost of mounting a defense. I’ll agree to that. I don’t want to pay for his defense. I’m guessing a few million other Texans don’t want to pay for it, either.

Texas campaign finance law allows candidates — or former candidates — to use surplus campaign cash any way they wish. Some of them actually pocket the dough when they leave office. Perry is going to use contributions from supporters for what he thinks is a righteous cause.

It’s fair to ask, though, whether someone who contributes to an officeholder’s campaign does so knowing the money could be spent for some reason other than helping the candidate get elected or re-elected. Then again, if you support that candidate, then it’s reasonable to believe one would support that candidate’s effort to mount a defense against charges brought against him or her.

Perry’s got a fight on his hands. A Travis County grand jury has indicted him on two felony charges relating to his veto of funds for the public integrity unit run by Travis County DA Rosemary Lehmberg, who pleaded guilty to drunk driving, served her time and then refused to resign after Perry demanded her to do so. The grand jury accused Perry of abusing the power of office by coercing Lehmberg to quit.

We’ll see how it plays out.

The good news for Texas taxpayers — such as yours truly — is that we aren’t paying for the governor’s hefty legal bill.

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The Perry indictment does matter

Glenn Smith directs Progress Texas PAC and believes the indictment handed down by the Travis County grand jury against Gov. Rick Perry matters.

He’s explained why in the essay attached here:

http://tribtalk.org/2014/08/18/why-the-indictment-matters/

Buried in this item is an interesting tidbit that Perry’s supporters need to ponder: The grand jury was not run by a horde of Democrats out to “get” the Republican governor; furthermore, the special prosecutor, Michael McCrum, was selected precisely because he is not a Democratic official. He’s a seasoned lawyer.

That’s an important distinction that should be held up as a reason to treat the indictment seriously and dismiss notions that it’s merely a partisan witch hunt, as Perry himself has implied in his counterattack.

Smith writes: “Lost in all the mooing is the simple thought that savvy, experienced special prosecutor Michael McCrum likely agrees that Perry has the right to veto things he doesn’t like, such as appropriations for the state’s public integrity unit at the Travis County district attorney’s office. McCrum wouldn’t stand by and let the grand jury indict the Constitution. He and the grand jury clearly have something else in mind.”

As for Perry’s public response, let’s also note that the governor has actually threatened the grand jury and the prosecutor by declaring they would be “held accountable.”

The indictment, in my view, won’t result in jail time for the governor. I seriously doubt he’ll get tossed into the slammer. I’m not yet convinced that this case even will go to trial.

The indictment, though, does suggest that a governor’s veto power has its limits. Perry threatened to veto money for the Travis County district attorney’s office public integrity unit after DA Rosemary Lehmberg pleaded guilty to drunk driving. As Smith notes, Lehmberg is elected to her office by Travis County voters and is not a Perry appointee. He demanded her resignation. She declined to quit. Perry then cut the funds.

Smith writes: “Then the real fun began. Perry dispatched his agents to offer a series of enticements to Lehmberg — long after the veto was a historical fact and unavailable as possible legal cover for his actions. The law is pretty clear that a public official cannot offer things of value to another public official in return for an official action that benefits the ‘offering’ party.”

Yes, indeed. This drama is going to be fun to watch — with or without a trial.

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Let's chill the Perry-should-quit talk

Texas Democratic Party Chairman Gilbert Hinojosa’s partisan ferocity has gotten in the way of his better judgment.

Hinojosa exhibited a too-quick trigger finger the other day after a Travis County grand jury indicted Republican Texas Gov. Rick Perry on two felony counts of abuse of power and coercion of a public official.

http://news.msn.com/us/defiant-gov-perry-rejects-outrageous-indictment

Hinojosa called immediately for Perry’s resignation.

Whoa, Mr. Chairman! Let’s back up a bit.

The grand jury has accused Perry of threatening to veto money for the public integrity unit run by Travis County District Attorney Rosemary Lehmberg, who was convicted of drunk driving. Lehmberg is a Democrat. She didn’t quit her office. Perry vetoed the money. Lehmberg isn’t running for re-election; neither is Perry.

So, why call for Perry to quit? Hinojosa said the governor has “dishonored” his office. However, he hasn’t been convicted of anything.

Last time I looked, I noticed that the U.S. Constitution implies that citizens have a presumption of innocence. Perry, as of today, hasn’t even been arraigned in court on the accusation leveled against him.

It well might be that Perry would be found guilty of the charges. He might be acquitted of them. He might not ever go to trial. I’m quite certain that none of this will be determined until long after Perry leaves office at the end of this year.

So, let’s dispense with the Perry-should-quit nonsense. We have a judicial process in this country that should be allowed to do its job.

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'Bipartisan foreign policy' must return

Holy cow! Texas Gov. Rick Perry is making some sense as it regards U.S. foreign policy.

Perry has penned an essay for Politico Magazine in which he says the following about the growing conflict in Iraq between the Iraqi government and the ISIS terrorists seeking to take control of the country: “The danger for the United States and other Western nations may still seem remote. And for many Americans, understandably, just about the last thing we want to think about is more conflict in Iraq and what it might require of our country. But we cannot ignore reality. We have come to a seminal moment when America’s action or inaction could be equally consequential. If anything is left of the old bipartisan tradition in American foreign policy – that basic willingness to unite in fundamental matters of security – we need to draw on that spirit now in a big way.”

Read more: http://www.politico.com/magazine/story/2014/08/rick-perry-op-ed-iraq-110088.html#ixzz3Ahd3u8t8

I’ll repeat part of it. “If anything is left of the old bipartisan tradition in American foreign policy … we need to draw on that spirit now in a big way.”

Amen to that, Gov. Perry.

I’ve long lamented the sniping and bickering regarding foreign policy that in its way gives aid and comfort to our enemies. Democrats did it to Republican presidents, and Republicans are now doing it to a Democratic president. The great Republican U.S. Sen. Arthur Vandenberg of Michigan used to say that partisanship “stops at the water’s edge.” It now splashes into the water and the waves ripple far and wide.

Perry, of course, said much more in his Politico essay. He argues that U.S. air strikes must save Irbil from ISIS terrorists, as it is home to a U.S. consulate in Iraq.

The governor argues against “rehashing the causes of today’s crisis” and says it’s now time to look forward to what we can do to bring it to an end. The targeted air strikes against military targets in parts of Iraq appear to be working. I am concerned about the so-called “slippery slope,” and whether we’re going to re-engage in a ground war — something that Gov. Perry actually called for as he ran for president briefly in 2012.

He seems to have backed away from that notion and is preaching a more bipartisan approach to solving a foreign-policy crisis.

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'Perry vs. Cruz' enters new phase

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Whether the governor of Texas actually serves any jail time if he’s convicted of anything illegal remains an open question.

I doubt he’ll be eating jail food. I’m not even sure he’ll be convicted.

Rick Perry’s indictment for allegedly abusing the power of his office, however, does bring into question whether he’ll be able to challenge for the White House in 2016. Why, he’s not even the most popular Texas conservative thinking about running for the presidency.

http://www.texastribune.org/2014/08/16/while-flirting-2016-perry-cruz-woo-same-groups/

U.S. Sen. Ted Cruz is the darling of the conservative movement these days, although Perry’s been making inroads with the Republican Party base. He deployed 1,000 National Guard troops to protect us against those children fleeing repression in Central America, which of course has the GOP faithful all fired up.

Texas GOP voters, though, seem to like Cruz’s fiery rhetoric. “As the Texas Tribune reports: Even before his recent legal troubles, Perry was already operating in Cruz’s shadow, as most conservative activists in attendance made clear they would rather see the freshman senator vie for the White House in two years than the three-term governor.”

The indictment issued in Travis County is resonating far beyond the Texas capital city. It gives the governor one more potential embarrassment that he must put behind him. His brief run for the 2012 GOP presidential nomination ended badly in a series of missteps, misstatements, forgetfulness and downright weird behavior.

Now this.

Say this, though, for Cruz. He’s coming to his friend’s defense, issuing this statement: “Unfortunately, there has been a sad history of the Travis County District Attorney’s Office engaging in politically-motivated prosecutions, and this latest indictment of the governor is extremely questionable. Rick Perry is a friend, he’s a man of integrity – I am proud to stand with Rick Perry. The Texas Constitution gives the governor the power to veto legislation, and a criminal indictment predicated on the exercise of his constitutional authority is, on its face, highly suspect.”

That statement isn’t likely to improve Perry’s possible presidential campaign chances. Look for Cruz to ramp up the conservative rhetoric, hitting every GOP base hot button he can find, even at his “friend’s” expense.

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That 'coercion' thing might stick to Perry

“It appears to those on the prosecutor’s side that his funding veto and the threat that preceded it were an attempt to intimidate and coerce the office that has the job of policing corruption and ethics cases in state government.

“The threat is the thing. Had the governor simply cut the funding without saying anything — especially in public, but even in private — this would just be a strange veto. That is not unprecedented.”

So writes Ross Ramsey, in an excellent analysis for the Texas Tribune.

The more I think about it, the more I’m beginning to believe that the coercion allegation might be the one that sticks to Texas Gov. Rick Perry.

http://www.texastribune.org/2014/08/15/analysis-its-not-crime-its-politics/

A Travis County grand jury indictment of Perry issued this past week accuses the governor of coercion and of abuse of power. He threatened to veto funds for the Travis County District Attorney’s Office if DA Rosemary Lehmberg didn’t resign after she pleaded guilty to a drunk-driving charge. Lehmberg served her time in the slammer, but didn’t quit. Perry cut the money for the public integrity unit run out of Lehmberg’s office.

The grand jury thinks Perry abused his power.

I’m wondering, though, if the coercion matter isn’t the more damaging part of the indictment.

As Ramsey notes, Perry made a pretty big stink about all this stuff regarding Lehmberg. I agree with Perry that the DA should have quit. I also believe the grand jury may have something on the governor regarding the manner in which he sought to pressure the prosecutor to quit.

Perry vows to fight the indictment. He calls it a political farce. He even calls the indictment itself an “abuse of power.”

We’ll see about that.

I like Ramsey’s metaphor describing the indictment: “Meanwhile, the governor and others are already haunting Iowa, the home of the first presidential primaries almost two years from now. This indictment could be to the Perry presidential campaign what a sewer leak is to the opening of a new restaurant: The food might not be the diners’ strongest memory of the meal.”