Tag Archives: Travis County

legal news, State news

Can politics drive a no-bill?

Let’s play out a possible drama that’s developing down yonder in Collin County.

The state’s attorney general, Ken Paxton, is being investigated for securities fraud. He admitted to doing something illegal while he was running for AG. He got elected anyway. Paxton has acknowledged that he steered investment clients to a friend without reporting it to the state. There could be a felony indictment in Paxton’s future … or perhaps not.

A special prosecutor has been named and he is likely going to seek an indictment from a grand jury in Collin County, which Paxton represented in the Texas House of Representatives before being elected to the statewide office. Paxton says, not surprisingly, that “politics” is driving this investigation.

So, would “politics” result in the grand jury deciding against an indictment of the Republican AG, given that Collin County also is a heavily GOP county?

I ask only because of the furor that erupted when a Travis County grand jury indicted then-Gov. Rick Perry last year on abuse of power and coercion charges. Travis County is a reliably Democratic part of the state; Perry, of course, is a Republican. The governor accused the grand jury — and the special prosecutor, who also is a Republican, by the way — of political motivation.

Does this politicization allegation work in reverse?

I’m just askin’.

State news

Is Austin a ‘thorn’ in the Republicans’ side?

An interesting back story is profiled by an Associated Press story about how Texas Republicans are trying — finally — to remove what some have called a “thorn” in the GOP side.

The city of Austin is just a pain in the Republicans’ rear end.

This liberal bastion — nicknamed by some as The People’s Republic of Austin — keeps electing progressive politicians, which of course is the city’s prerogative. Why not? The Texas capital city is thriving. Its population is booming with high-tech employees, educators and learned professionals moving there.

Someone is doing something right there. About the most serious gripe one hears about Austin is the traffic, worsened by the fact that it’s the largest city in the country with just a single interstate highway coursing through it.

Texas Republicans, though — who control every statewide office in Texas and comprise a super-majority in the Legislature — have had enough of those liberals who populate public offices in Austin and Travis County.

http://news.yahoo.com/texas-gop-tries-pluck-liberal-thorn-side-182836892.html

As the story notes, the “last straw” was the Travis County grand jury’s indictment of then-Gov. Rick Perry on two felony counts: abuse of power and coercion of a public official.

Travis County District Attorney Rosemary Lehmberg’s office runs the Public Integrity Unit, which investigates allegations of wrong doing by state officials. Lehmberg, though, got herself into a jam in 2013 when she pleaded guilty to drunken driving. She should have quit, but didn’t. Perry then insisted that she quit. Still, she didn’t. Then he threatened to withhold money appropriated by the Legislature for the Public Integrity Unit if she didn’t step down. She stayed. Then he vetoed the money.

The grand jury said he shouldn’t have done it that way. Thus, the indictment.

The 2015 Legislature has taken action against Austin. The Public Integrity Unit has been moved out of the DA’s office and put under the authority of the Texas Rangers, an arm of the Department of Public Safety, whose head is appointed by, um, the governor, who now happens to be Republican Greg Abbott.

Oh, but hey. They’re going to take politics out of it, isn’t that right?

Sure thing.

Meanwhile, Austin and Travis County voters will get to continue electing politicians more to their liking.

Keep it up, folks.

 

legal news, political news, State news

Perry needs to go to trial quickly

Prosecutors have defined more sharply the allegations of abuse of power leveled against former Texas Gov. Rick Perry.

So, let’s get this trial underway in short order, OK?

http://www.texastribune.org/2015/02/13/prosecutors-perry-case-amend-charges/

The state has redefined the charges, bringing them into sharper focus. They result from an Aug. 15, 2014 Travis County grand jury indictment charging the then-governor with two felonies: abuse of power and coercion of a public official.

As the Texas Tribune reports, the charges stem from his public threat to veto money appropriated for the Public Integrity Unit run by Travis County District Attorney Rosemary Lehmberg, who pleaded guilty to drunken driving. Perry wanted Lehmberg to quit. She didn’t, so he made good on his threat, vetoing the $7.5 million appropriated by the Legislature for the PIU.

According to the Tribune: “The prosecutors argue that a governor’s veto power is not absolute, and can be misused for criminal purposes. In this case, they contend, Perry’s veto threat was meant to accomplish one of two goals: either forcing an independent, local elected official out of office or hindering corruption investigations. Either goal was illegal, they say.”

It’s the interference in the affairs of an “independent, local official” that rubs so many of us the wrong way.

The governor does have the authority to veto money the Legislature appropriates. Gov. Perry would have been on firmer footing had he kept his trap shut prior to vetoing the money. He didn’t. Instead, he made a big public splash about Lehmberg’s conduct — which surely was abominable. Perry became entangled in the DA’s office improperly. He had no legal standing to force her to do anything.

All the governor had to do was veto the money without making such a huge public issue of Lehmberg’s DUI arrest.

Judge Bert Richardson, who now sits on the Texas Court of Criminal Appeals, had declined a defense motion to dismiss the indictments. The trial should go forward, he said.

So it will. Let’s get this thing done. After all, the former governor has a presidential campaign to launch — provided, of course, he isn’t convicted of the crimes for which he’s been charged.

 

State news

Public integrity takes hit from veto

Rick Perry won’t acknowledge this, of course, but I’ll say it anyway.

The former Texas governor’s veto of money for the Public Integrity Unit has stripped that office’s ability to do its job on behalf of Texans interested in preserving an ethical state government.

http://www.texastribune.org/2015/01/17/report-prosecutors-dropped-probe-after-perry-veto/

The Public Integrity Unit has been the subject of much controversy ever since Travis County District Attorney Rosemary Lehmberg’s arrest on drunken driving charges, to which she pleaded guilty. Perry then entered the fray and sought her resignation. If she didn’t quit, he said he’d veto $7.5 million appropriated for the office. Lehmberg didn’t quit; Perry vetoed the money.

Now we find out that the office didn’t have the fund to pursue some important ethical investigations.

Thanks a lot, governor.

The PIU was going to examine some contract issues with the Department of Public Safety. No can do now, given the absence of money.

The Legislature now is likely to consider referring a constitutional amendment to voters this year that would call for placing the PIU in the hands of the Texas Attorney General’s Office, and removing it from the Travis County DA’s office.

I’m not at all sure that would be an improvement. Both offices are run by partisan politicians; Lehmberg is a Democrat, Attorney General Ken Paxton is a Republican. GOP officeholders long have accused Lehmberg of targeting Republicans; meanwhile, look for Democrats to make the same accusation in reverse if the office transfers to the AG’s authority.

The veto has rippled its way across the political landscape. A grand jury indicted Perry on abuse of power and coercion. The case has yet to be settled.

Still, the damage was done.

The Public Integrity Unit’s pursuit of ethical complaints has been derailed.

Thanks for nothing, Gov. Perry.

 

 

political news, State news

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.

 

Uncategorized

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?

Uncategorized

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.

Uncategorized

Abuse of power allegation may spell trouble

Texas Gov. Rick Perry is looking and sounding more and more like a candidate for president in 2016.

That is, unless he gets indicted by a Travis County grand jury for abusing the power of his office.

If he faces criminal charges, all bets are off for the lame-duck governor.

http://www.newschannel10.com/story/25998425/grand-jury-decides-if-perry-abused-power

The panel is expected to decide soon whether Perry abused his power when he vetoed money for the Travis County district attorney’s office after DA Rosemary Lehmberg pleaded guilty to drunken driving. Perry demanded her resignation, which was justified, given that the DA lost her moral authority to prosecute drunken drivers.

Then he allegedly went a step too far by threatening to veto $7.5 million that was earmarked for the Travis County DA’s public integrity unit, which is charged with investigating charges of ethical lapses by state officials.

Oh, did I mention that Lehmberg is a Democrat and Perry is a Republican? That distinction seems to matter.

Lehmberg refused to quit and Perry pulled the money.

Now he’s being investigated for abusing his power.

So, what does this mean for his budding presidential campaign? Plenty. He cannot possibly campaign as a Mr. Clean Governor if he’s about to stand trial for a felony offense related to the performance of the office he’s occupied since The Flood.

Then again, if the grand jury no-bills the governor — which of course is a possibility — then he’s back in the presidential sweepstakes once again.

But if the indictment arrives, well, if you’ll pardon the expression: Oops.

Uncategorized

Why not let AG defend you, governor?

State Rep. Joe Deshotel wants to know: Why is Gov. Rick Perry hiring a private lawyer at $450 per hour to defend him in a possible court case when the state attorney general, a pal of his, is available?

And why should Texas taxpayers pay for the private lawyer?

http://www.texastribune.org/2014/04/25/lawmaker-wants-ag-ruling-perry-legal-bill/

Why, indeed, to both questions, governor?

Deshotel is a Port Arthur Democrat — and a lawyer himself. He’s posed the question as a grand jury investigates whether Perry acted improperly in vetoing $7.5 million for the Travis County district attorney’s office and then promised to restore the money if the DA, Rosemary Lehmberg, resigned. Lehmberg had been ticketed for drunken driving this past April. She also runs the office that is charged with investigating state officials’ conduct.

Oh, and she’s also a Democrat. Perry, of course, is a Republican. Coincidence? Probably not.

Deshotel has sent Attorney General Greg Abbott a four-page letter inquiring about this matter. “What authority, if any, can the attorney general authorize hiring private counsel for the governor?” Deshotel asks. “If authority to hire private counsel exists, how would the attorney general authorize payment for such private counsel?”

One of the AG’s duties as set forth in the Texas Constitution is to defend state officials who get themselves into potential legal trouble. Perry might find himself in that position if a Travis County jury indicts him. But he’s gone outside the state legal system to hire David Botsford to represent him. He’s also paying him with state money.

There’s the rub, according to Deshotel.

Let’s get the answer.

Uncategorized

Perry on the hot seat

Gov. Rick Perry’s backside just might catch fire if a Travis County grand jury finds wrongdoing in the governor’s office.

At issue is whether Perry acted improperly by allegedly offering to restore money to the Travis County District Attorney’s Office if the DA resigned.

http://www.texastribune.org/2014/04/22/perry-offered-restore-vetoed-funding-if-da-would-r/

The DA is a Democrat, Rosemary Lehmberg, who was arrested on a drunken driving charge. Lehmberg also runs the public integrity office, which investigates other public officials’ conduct.

In comes the governor to supposedly promise to restore money for the office if Lehmberg resigned her office in the wake of the DUI charge. Perry had vetoed money for her office after her April 2013 arrest, but he’d make it all better if she just out of the way.

I will not predict what the grand jury will do. It is looking into whether Perry threw his weight around improperly by meddling in the affairs of the Travis County prosecutor’s office. Was it right for him to promise to restore money in that manner?

According to some observers, Perry’s tactics smack of the kind of behavior alleged against fellow Republican Chris Christie, the governor of New Jersey. Christie is still in hot water over allegations his office closed the George Washington Bridge and created traffic mayhem as payback for refusal by the mayor of Fort Lee, N.J., also a Democrat, to endorse Christie’s re-election effort.

Both men are now considered possible presidential candidates in 2016. Christie’s brand already has been damaged. Perry is in the middle of a makeover attempt to try to recover from his disastrous run for the GOP nomination in 2012.

If the grand jury indicts Perry, he’s going to suffer far more than another “oops” moment.