Perry Indictment... a gift, perhaps?

[Glenn Quagmire]

It will be interesting to watch.

 

[delldude]

It will be interesting to watch.

 
Dems are getting uneasy already.
 

 
Law Professor Jonathan Turley has a legal analysis of the indictment. Short version, it’s hard to understand how there is a crime here, unless one considers the “threat” of a veto to be the crime, since exercising the veto clearly was lawful. Turley writes:

From what I can see, these provisions are rarely used and prosecutors have waited for the strongest possible grounds for such charges. Indeed, such laws are written broadly in reliance on prosecutorial discretion. In this case, the special prosecutor seemed to pound hard to get these square facts into these round holes. A bit too hard for such a case.

 

 
As Professor Glenn Reynolds has pointed out, the ease with which prosecutors can obtain indictments of just about anyone on just about anything, requires the cautious exercise of prosecutorial discretion.
In a politicized case involving a political battle, that discretion must be exercised even more cautiously.
Yet the interview given by the special prosecutor demonstrated that this was a reach, and how the indictment merely means there was “probable cause to believe [Perry] committed two felony crimes.” Very low bar. The prosecutor acts as if he’s a mere bystander to the indictment, insisting that since “the Grand Jury has spoken” he will follow up. But the only reason the “Grand Jury has spoken” is that the prosecutor, in complete control of the process, convinced the Grand Jury to so speak.

 
 

 
 

 

[Knotbuyinit]

"That unit, charged with prosecuting public corruption cases in the state capital, is operated by the office of Travis County District Attorney Rosemary Lehmberg, a Democrat. Nor does anyone dispute that Perry, under the First Amendment, has the unfettered right to call for the resignation of Lehmberg or any other DA.

The allegation is that Perry improperly combined the two that he illegally tied his power over integrity unit funding to his demand that Lehmberg resign, essentially setting up a quid pro quo arrangement that crossed the line into an abuse of power.

Even after the veto, there were numerous reports that Perry's office continued to dangle a restoration of the state funding or a future job offer to Lehmberg if she would leave office. Sources said Lehmberg rejected the deal because she questioned whether it was legal."

https://www.texastribune.org/2014/08/16/five-things-know-about-perry-indictment/

Under the constitution, the legislature is not entitled to appropriate money without the governors consent, no matter how worthy the appropriation might be. Putting the governor in a position where he could go to prison for his veto means that the legislature (together with the special prosecutor) has given itself a power that the constitution denies it the power to enact laws without the governors approval.

Article 4, Section 14, of the Texas Constitution actually requires the governor to state his reasons for vetoing legislation or appropriations. And there's no restriction on what his reasons can be.I see no way the statutes the indictment is based on can supercede the state constitution. It is not illegal for a governor to use his veto for partisan political purposes, his/her veto power is plenary.

 

[Knotbuyinit]

As I stated before, there is no issue with the veto. The issue is whether or not a Gov can use the veto to threaten an elected official.

Only if you define "vetoing legislation" as a threat.

 

[Dog Wonder]

Under the constitution,.

Article 4, Section 14, .

Outhouse lawyers belong in the US Pilots thread

 

[eolesen]

Did the legislature have the ability to overturn his veto?

Seems all the checks & balances were in place, and this is just sour grapes for a politician actually taking executive privilege where he was authorised to do so.

 

[NewHampshire Black Bears]

Must be a lot of assholes in Texas leave the AG in office after a 45 day stint in the pokey.
 
Obama plays the same game and its ok......LOL

 
TEX-ASSS is LOADDED w/ ARSE-HOLES period.
 
Big deal...(P) Rick perry is the Governor.  Governor of WHAT   ????????????  TEX-ASSS !   'Woopie Ding-Dong"
 
If the mainland USA ever needed an Enama, obviously  South Carolina would be the Fist place to INSERT the Plug.
But TEX-ASSS is Absolutely the Second  !!!!!!!!!!!
 
An Absolute wasteland.  Loaded with OIL, Steers and QUEENS !

 

[eolesen]

I'm sure you can get your oil and beef just as easily from Massachusetts sources, right?...

There's a reason the population continues to shift away from New England.

 

[SparrowHawk]

I'm sure you can get your oil and beef just as easily from Massachusetts sources, right?...

There's a reason the population continues to shift away from New England.

There you go again!
Using facts instead of feelings. 
Don't you know it's all Bush's fault you racist bastard!!!

 

[eolesen]

I guess it's a good thing he's already in Texas, then.

 

[SparrowHawk]

http://www.westernjournalism.com/ron-paul-rick-perry-indictment-really-joke/

 

[cltrat]

something that can be counted on , an air of ignorance from the upper Northeast

 

[Dog Wonder]

Fortunately, people living other places don't need education to cloud their judgment.

 

[Ms Tree]

You would think that Paul would check his facts before he opens his mouth. McCrum who is a republican is the special prosecutor took it to the grand jury.  No democrat was involved in it.  Perry is also lying about why he wants Lehmberg out of office.  Unless he wants to be a hypocrit, her DWI has nothign to do with it.  There were two other district attournies who were convicted of DWI as well and he never made a peep.  Of course they were republicans so that's OK.  When this goes to trial people are going to start digging.  May be we can find out where the money for the cancer research really went.
 
Yep, this inditment is a gift alright.  Too bad Perry never had a chance at the WH anyway.  I hope he gets convicted.

 

[signals]

something that can be counted on , an air of ignorance from the upper Northeast

It gets awfully cold and lonely in them thar parts.