Tag Archives: abuse of power

Gov. Perry loses key dismissal fight

A state district judge has ruled that Texas Gov. Rick Perry should stand trial for felony charges related to his alleged abuse of power.

Good. Now let’s get the trial started and then concluded, OK?

http://www.cnn.com/2014/11/18/politics/rick-perry-case-texas/index.html?hpt=hp_t2

Perry legal team sought a dismissal on the grounds that special prosecutor Michael McCrum wasn’t sworn in properly, rendering all his actions taken during the time he has investigated Perry to be invalid.

Today, Judge Bert Richardson said in Austin that McCrum’s swearing in was sufficient and that he has standing to prosecute the governor on two felony counts. “This court concludes that Mr. McCrum’s authority was not voided by the procedural irregularities in how and when the oath of office and statement of officer were administered and filed,” Richardson said in his ruling.

A grand jury indicted Perry on abuse of power and coercion of a public official in connection with his veto of money appropriated for the Public Integrity Unit run out of the Travis County district attorney’s office. He threatened to yank the money after DA Rosemary Lehmberg was arrested for drunken driving. She pleaded guilty to the crime and served jail time. Perry demanded she quit. She didn’t. So, Perry vetoed the money appropriated by the Legislature for the integrity unit she runs.

This case is riddled with political overtones and consequences.

Perry is pondering a run for the presidency in 2016. He doesn’t want this case hanging over his head. Frankly, I happen to agree with him. Let’s get this thing settled.

As for Lehmberg, she’s going to bow out when her term expires. She should have quit when she got popped for the DUI. Had she done so, Perry could have appointed a Republican DA to replace the outgoing Democrat.

Do you see how this is so, so political?

Perry calls the indictment a serious overreach. He has received a lot of legal support — from Democrats as well as Republicans.

So, let’s get this case settled. If he’s acquitted of both charges, he can crow all he wants about his huge victory in court.

But if he’s convicted of just one of them — and I still think the coercion charge is the stronger of the two counts — well, the governor can kiss the White House good bye.

I’m ready to have this case decided.

 

The Hammer knows about trouble

Who knows what trouble lurks for politicians aspiring for higher office? The Hammer knows.

Take it from Tom “The Hammer” DeLay, who says Texas Gov. Rick Perry is going to face some serious fundraising trouble as long as he has those crazy indictments hanging over him.

http://thehill.com/blogs/ballot-box/presidential-races/216324-delay-indictments-make-perry-presidential-campaign

Perry is under indictment for political coercion and abuse of power relating to his strong-arming of a Democratic district attorney in Travis County. A grand jury indicted him on two felony counts.

Perry is believed to want to run for the Republican nomination for president in 2016. It’s going to be tough for him to raise the money he would need to seek the office, said DeLay, the former GOP member of Congress known for putting the “hammer” on colleagues to ensure they voted the right way.

The ex-House majority leader got into some trouble himself over alleged misuse of campaign funds. So he knows a thing or two about the political fallout that can accrue when politicians get into trouble.

Whether the lame-duck Texas governor ever is convicted of anything remains an open question. It’s quite clear — at least to me — that his presidential ambitions have been dealt a potentially mortal blow.

 

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.

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.

Oops … Gov. Perry indicted on coercion charges

A Texas grand jury has issued a two-count indictment that goes far beyond any definition of a run-of-the-mill accusation.

The Travis County panel today indicted Gov. Rick Perry on two counts of abuse of power relating to his threat to withhold money from a district attorney’s office if the DA didn’t resign.

http://www.texastribune.org/2014/08/15/grand-jury-indicts-perry-abuse-authority/

One charge is of “abuse of official capacity,” the other is “coercion of a public servant.” The former is a Class A felony, the latter a Class C.

OK, I get that Perry is entitled to a presumption of innocence. Thus, he need not quit an office he is leaving voluntarily at the end of the year.

This, however, is a big political deal apart from the criminal justice aspect.

Perry got himself involved in the Travis County DA’s affairs after DA Rosemary Lehmberg was convicted of drunken driving. Perry threatened to veto money appropriated by the Legislature for Lehmberg’s office. Lehmberg also runs the state’s public integrity unit. Lehmberg is a Democrat; Perry is a Republican.

Perry wanted her moved out. Did he abuse his power to seek her ouster? The grand jury has issued an accusation, which I’m going to presume means the panel believes it has enough evidence to support an indictment.

Well, what does this mean for Perry’s believed desire to run for president in 2016? For my money, it delivers a near-mortal wound to whatever ambition he has for higher office. Whether this case gets adjudicated in time for the presidential campaign or not, the indictment becomes fodder that every Perry foe in both political parties will use to beat him senseless.

One final thought …

Let’s not accuse the grand jury of acting on political motives. The prosecutor in this case was a special counsel brought in to avoid any potential conflict of interest.

The political damage is evident. My hunch is that Gov. Perry also has a serious legal fight on his hands.