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Rick Perry Indicted.

Nobody has the power to fire a DA, not in a conventional sense. And in her case, her office can (with her grand jury) indict anyone they like in the state, for whatever reason. To remove her, the most direct option is to file a petition with the courts for termination for cause, or impeachment.

OK, I obviously didn't follow the thread closely enough. What happened when Perry filed this petition? It seems that she made a very clear-cut violation which was grounds for her removal under that process.

A petition for removal was filed by a local attorney days after her arrest and incarceration, the County attorney (a friend of the accused) got a district judge to dismiss it and he substituted his own. When asked why he had the other petition dismissed, he couldn't really say. When it came to the penalty phase...

Apparently County Attorney David Escamilla doesn't know a particularly good reason for Lehmberg's removal either – at least not one that he could articulate during painful-to-watch portions of a videotaped deposition played in court early Wednesday afternoon. He declined to answer questions about his personal opinions, which is understandable, but also had a hard time answering questions in his capacity as "relator" – the person responsible for filing the removal suit. He said, for example, that he has no evidence that Lehmberg can't continue to perform the duties of her office. Still, he said that when he filed the suit, as relator, he felt he had the legal basis to seek removal....

The judge made a couple of stern comments to Lehmberg, said he was not going to lecture her, and decided not to remove her.

There is a strong suspension that Lehmberg's personal friend, the County attorney, took a dive.
 

Allow me to translate. Ksen is confused by maxparrish's demand that ksen agree with one side of the false dichotomy that maxparrish created, namely that it is the "business" (i.e., the legally prescribed duty) of either the governor or the courts to use political pressure (i.e., not official channels) to force elected officials that they do not like out of office.

ksen likely has the crazed notion that elected officials who do not willingly leave office should only be removed from office by official channels like impeachment, recall vote, or proven criminal activity, rather than by underhanded, secret blackmail or threats to harm the public and fire that person's colleagues by shutting down an entire vital function of the government.

Didn't School House Rock cover this situation??
 
ksen likely has the crazed notion that elected officials who do not willingly leave office should only be removed from office by official channels like impeachment, recall vote, or proven criminal activity, rather than by underhanded, secret blackmail or threats to harm the public and fire that person's colleagues by shutting down an entire vital function of the government.

Yeah, I guess I'm just kooky that way.

I wish Obama would use his veto to withhold funding from a whole government agency in order to get one person removed so I could see max rallying to Obama's defense.
 
All vetoes are legitimate under the law, until proven otherwise.

I guess we'll find out soon enough since an indictment has been handed down. I know, grand juries-cheese sandwiches, but it'll be before a real judge soon enough.

And until you make an ethical case on why his actions were ethically or morally wrong, you are not convincing.

Not convincing to you? I'm sure I'm not. I have a feeling that a judge might take a bit of an exception to a governor trying to impinge on his turf. But then again he might not. We'll see over the next few months. At least Perry has those awesome glasses on his side to make him look super smart and full of gravitas.
 

Allow me to translate. Ksen is confused by maxparrish's demand that ksen agree with one side of the false dichotomy that maxparrish created, namely that it is the "business" (i.e., the legally prescribed duty) of either the governor or the courts to use political pressure (i.e., not official channels) to force elected officials that they do not like out of office.
Ksen is confused.

He said: "Removing a district attorney is the business of the court, not the governor." The first part is true, but I reject the 'not the governor' part. Hence, I replied:

"Removing a law breaking district attorney through political pressure is the business of the governor, not the courts." Which is true (but perhaps unclear). The business of the courts is removal through a judicial process, but it is NOT in exerting political pressure to remove the DA, THAT is the business of the governor to use political pressure for that end.

How? One way to pressure is through not funding the office he/she oversees.

ksen likely has the crazed notion that elected officials who do not willingly leave office should only be removed from office by official channels like impeachment, recall vote, or proven criminal activity, rather than by underhanded, secret blackmail or threats to harm the public and fire that person's colleagues by shutting down an entire vital function of the government.
And Rick Perry seems to have the crazy notion that elected officials that are seriously unbecoming of someone who is an officer of the court, someone who prosecutes drunk drivers, ought to go. Yes she was elected, and so was Rick Perry. They did not give him the power to fire her, but they did give him the power to politically pressure her to resign.

I wouldn't mind a solely "official" system if it were effective, but I've seen so much scum in prosecutors offices I don't think current "official" methods are reliable.
 
I guess we'll find out soon enough since an indictment has been handed down. I know, grand juries-cheese sandwiches, but it'll be before a real judge soon enough.

And until you make an ethical case on why his actions were ethically or morally wrong, you are not convincing.

Not convincing to you? I'm sure I'm not. I have a feeling that a judge might take a bit of an exception to a governor trying to impinge on his turf. But then again he might not. We'll see over the next few months. At least Perry has those awesome glasses on his side to make him look super smart and full of gravitas.

We needn't wait, the whole effort is a tawdry effort for daring to unfund a blue county based (but state wide effect) office of ideologically driven 'ethics' unit. Travis county is radically Democratic and liberal, and they really don't give a hoot about justice under the law. They are after GOP political figures on bogus charges, no one seems to deny that.
 
Good one...LOL.

The unit was defunded by the Governor because its investigation was heading toward him and his friends. I can understand how living in a state run by the likes of Perry could drive one to drink. I usually have little faith in our legal system as it allows terrible injustices and I can understand your prejudice. Let us just see where this goes. By the way, the unit got enough funding to continue.
 
Good one...LOL.

The unit was defunded by the Governor because its investigation was heading toward him and his friends. I can understand how living in a state run by the likes of Perry could drive one to drink. I usually have little faith in our legal system as it allows terrible injustices and I can understand your prejudice. Let us just see where this goes. By the way, the unit got enough funding to continue.

You are quite right that I don't trust 'the state' in any of its manifestations. It amazes me how little both the left and the right care about holding prosecutors accountable; you would think the left would make a legal reform to hold prosecutors accountable for their abuse of power would be a number one concern, but from what I can tell they care more about procedural rights for the accused or sentencing reform that in actually addressing the major source of such high handed abuse and unfair sentences. Maybe the allure of power under the color of the state is too tempting for America's lawyers, regardless of their party. Its "the ring" that promises so much but corrupts.

Prosecutors have perjured, withheld evidence, fabricated evidence, intimidated witnesses with threats of prosecution, etc. Yet even in the most egregious cases they RARELY pay for their criminality and destruction of the innocent (or less guilty), nor do the police. Perhaps if they were punished with the same term of imprisonment as those they have framed, it would clean up America's system.
 
Arkirk,

The problem with claiming that "the unit was defunded" because its investigations were "heading toward him and his friends" is that there is no evidence that such was the reason, or that the investigation 'heading toward his friends' had merit or represented a real and credible threat. I have looked at the CPRIT controversy and other than a few very loose allusions by left wing sites, I can find nothing of substance anywhere. Given that this controversy came from an auditor's report over a contracting process (an area I am very experienced in) I am well aware that such controversy's are often politicized hysterics over subjective differences of opinion. Not to personalize it, but the most honest and well intentioned public servant I have ever known lost her job because of unproven lurid speculations and accusations over contracting (at least 5 years later she carried away a settlement in the high six figures).

Until then, we have the very brief complaints of a left wing group of Perry carpers and gadflys, and the Grand Jury indictment. In both cases, there is nothing there other than a complaint that the DA was fired and that it constitutes various violations of law.

How little is there? EVEN much of the left thinks it is is nonsense. Johnathan Chiat (New Republic and the New Yorker):

http://nymag.com/daily/intelligencer/2014/08/rick-perry-indictment-is-unbelievably-ridiculous.html

This Indictment Of Rick Perry Is Unbelievably Ridiculous

They say a prosecutor could get a grand jury to indict a ham sandwich, and this always seemed like hyperbole, until Friday night a Texas grand jury announced an indictment of governor Rick Perry. The “crime” for which Perry faces a sentence of 5 to 99 years in prison is vetoing funding for a state agency. The conventions of reporting — which treat the fact of an indictment as the primary news, and its merit as a secondary analytic question — make it difficult for people reading the news to grasp just how farfetched this indictment is.

Travis County District Attorney Rosemary Lehmberg — a Democrat who oversees the state’s Public Corruption unit — was arrested for driving very, very drunk. What followed was a relatively ordinary political dispute. Perry, not unreasonably, urged Lehmberg to resign. Democrats, not unreasonably, resisted out of fear that Perry would replace her with a Republican. Perry, not unreasonably, announced and carried out a threat to veto funding for her agency until Lehmberg resigned.

I do not have a fancy law degree from Harvard or Yale or, for that matter, anywhere. I am but a humble country blogger. And yet, having read the indictment, legal training of any kind seems unnecessary to grasp its flimsiness.

Perry stands accused of violating two laws. One is a statute defining as an offense “misus[ing] 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.” The veto threat, according to the prosecutor, amounted to a “misuse.” Why? That is hard to say.,,,

AND:

"This is another example of the criminalization of party differences," said Dershowitz, a prominent scholar on United States constitutional law and criminal law who writes the "Legally Speaking" column for Newsmax. "This idea of an indictment is an extremely dangerous trend in America, whether directed at [former House Majority Leader] Tom DeLay or [former President] Bill Clinton."

Further, Dershowitz said, such indictments are something that's done in totalitarian countries and should not be done in the United States.

In such countries, "if you don't like them, you indict," Dershowitz said. "In America, you vote against them...this should be up to the voters. There is no room in America for abuse of office charges, and this has to stop once and for all. This is a serious problem."

And indicting a politician, rather than fighting back through a ballot box, "is so un-American."

Dershowitz also told Newsmax Perry was well within his rights when he vetoed the money for Lehmberg's office, as he "saw a drunk serving as DA" who "shouldn't be enforcing criminal law."

Dershowitz believes Perry will be acquitted, and the indictment will become an embarrassment to those involved.

Perry is often named as a potential candidate for the GOP nomination in 2016, and has opted not to seek a fourth term as governor of Texas. Dershowitz said he hopes the legal charges are resolved long before the presidential election campaign cycle begins.

"It's just ridiculous the extremes some prosecutors will go to," when they seek criminal charges in retribution for actions that they don't agree with politically," Dershowitz said.

Read Latest Breaking News from Newsmax.com http://www.newsmax.com/Headline/der...-outraged/2014/08/16/id/589179/#ixzz3At7VLE7Z
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I understand what you are saying Tom, but in this case Texas has a procedure for removing a district attorney from office and withholding of funds by the governor isn't one of those procedures.

Perry didn't remove her. I can tell this because she's still there.

Any non silly arguments based in actual facts and TX statutes? Because your side of the peanut gallery hasn't managed one yet and I posted many pages of them already...
 
I despise Rick Perry. Having said that, I think these charges are weak, at best. At worst, they seem purely politically motivated to me. I can't disagree with Perry, or anyone else, demanding the resignation of a district attorney in these circumstances. Judges and DAs all over the country have been fired or have resigned in similar circumstances. I suppose the hinging point is the veto but still, that is a legal action. This whole thing troubles me.

It should be pointed out that the officials responsible for bringing these charges against Perry are all Republicans. The loud loutish squeals of "Politics!" from Perry and assorted right winged politicians is utter and total bunk. It is totally about a politician abusing a law in a game of politics by Perry.

Michael McCrum, the special prosecutor for this case has long been known to be scrupulously fair and has long had support of Republicans, including senators Kaye Baily Hutchison and John Cornyn. Bert Richardson who appointed him is a long time Republican. Several Travis county Democrats who may have been appointed recused themselves to avoid this very example of shrill squeals of witch hunting partinship.

For partisanship and witch hunts, look to Issa and the Benghazi witch hunting partisanship.
 
I despise Rick Perry. Having said that, I think these charges are weak, at best. At worst, they seem purely politically motivated to me. I can't disagree with Perry, or anyone else, demanding the resignation of a district attorney in these circumstances. Judges and DAs all over the country have been fired or have resigned in similar circumstances. I suppose the hinging point is the veto but still, that is a legal action. This whole thing troubles me.

It should be pointed out that the officials responsible for bringing these charges against Perry are all Republicans. The loud loutish squeals of "Politics!" from Perry and assorted right winged politicians is utter and total bunk. It is totally about a politician abusing a law in a game of politics by Perry.

Michael McCrum, the special prosecutor for this case has long been known to be scrupulously fair and has long had support of Republicans, including senators Kaye Baily Hutchison and John Cornyn. Bert Richardson who appointed him is a long time Republican. Several Travis county Democrats who may have been appointed recused themselves to avoid this very example of shrill squeals of witch hunting partinship.

For partisanship and witch hunts, look to Issa and the Benghazi witch hunting partisanship.

"All Republicans"? The only "official" I know of that makes the charges is the special prosecutor with the approval of the grand jury. What evidence is there that McCrum is a Republican, other than he was approved by both a complaining Democratic Representative and the two Texas (Republican) Senators for submission to Obama as a federal attoreny?

Nothing is clear regarding McCrum's political sympathies or fairness once given the power (after all, we have already seen Washington DCs experience with special prosecutors who were supposed to be above politics)...

First, the McCrum got appointed by a judge (Republican) who McCrum had already contributed campaign money to.

Second, McCrum "is being portrayed as a “Republican” by some hack Democrat shills (but) he has been described by one supporter as a “Democrat” — his only contribution to a candidate for political office was to a Congressional Democrat."

Last, McCrum is "is a party to a pending appeal regarding whether he might be held in contempt of court for allegedly “encouraging a witness to refrain from appearing in court and avoiding subpoena by the State” (according to the Bexar County District Attorney)."

http://patterico.com/2014/08/

In the end the ONLY way to judge whether or not the indictment has a legal basis or is the work of a hack is to look at the accusations and the evidence cited. So far most everyone agrees it is pathetic. IN FACT, Volokh Conspiracy has asked IF ANYONE has a legal argument in favor of the indictment, they would like to make sure they aren't missing something in their own critical review of the case. So far...crickets.
 
I don't understand the fuss. The governor has the power to veto funding, but not to fire the head of the anti-corruption unit. If he uses his power of veto to try and pressure the head of the unit, he may be mis-using his power, hence the charges.

Whether he has the power to veto is not in question
The question is whether it is illegal to use that power to pressure the head of a office to resign.

The question does not depend on the political affiliation of the people involved, the likely future actions of the unit in question, or the actions of the head of the unit.

It seems like this question will be put in front of a judge, who will give us a legal judgement. What's the problem here?
 
It seems like this question will be put in front of a judge, who will give us a legal judgement. What's the problem here?

Ya, because God forbid that people venture an opinion on a topic before an official legal ruling comes down and they form their own thoughts about it before the State tells them what they're mandated to think.

Fucking commie anarchists. :mad:
 
I don't understand the fuss. The governor has the power to veto funding, but not to fire the head of the anti-corruption unit. If he uses his power of veto to try and pressure the head of the unit, he may be mis-using his power, hence the charges.

Whether he has the power to veto is not in question
The question is whether it is illegal to use that power to pressure the head of a office to resign.

The question does not depend on the political affiliation of the people involved, the likely future actions of the unit in question, or the actions of the head of the unit.

It seems like this question will be put in front of a judge, who will give us a legal judgement. What's the problem here?


Yes. Some, including a grand jury claim Perry did this in a manner that was illegal, others deny that. To complicate matters, this woman and Perry clashed over a program meant to give grants to cancer research programs in Texas, Perry was alleged to have attempted to steer grants to researchers who did not have good credentials. So there was some bad blood here also. This is going to drag on for years.
 
It seems like this question will be put in front of a judge, who will give us a legal judgement. What's the problem here?

Ya, because God forbid that people venture an opinion on a topic before an official legal ruling comes down and they form their own thoughts about it before the State tells them what they're mandated to think.

Fucking commie anarchists. :mad:

All I asked was why the fact of an indictment was controversial. Most of the discussion seems aimed at casting the process itself as being ridiculous in some way, which I don't understand.
 
I wonder how many will support Perry while simultaneously calling for the suing and/or impeachment of Obama? Not that I'm worried, if Obama gets pissy enough with Boehner, he can just veto the next congressional budget, deny continuing services and declare himself King for Life!

It's a thug life muthfuckas!

The "thuggishness" of national politics primarily (but not exclusively) stems from Democrats. In particular, the corruption of the law by prosecutors against national Republican figures seems most pervasive. Ted Stevens, Scott Walker, Tom Delay, Kay Baily Hutchenson, and now Rick Perry come to mind. It's the political expression of a larger related issue, prosecutorial misconduct and criminality through out the criminal justice system.

There is nothing inconsistent with supporting impeachment of the President and objecting to a prosecutor's corruption of the law - one ought to object to real abuse of power.

Hmmm. I've heard a lot of Republicans say the same thing. Funny that. Apparently the court system is easily manipulated, prone to misuse and abuse, politically motivated, and corrupt. Nation-wide mind you. Except when it involves dark people. Then the courts are a beacon of truth in the night, lighting the way to justice. Also when supporting the death penalty, then innocence is all but impossible, because as we all know, justice is blind.
 
maxparrish said:
"Removing a law breaking district attorney through political pressure is the business of the governor, not the courts." Which is true (but perhaps unclear).

It is not true, it is a dangerous undermining of electoral laws and due process. The governor is not expressly forbidden from using some forms political pressure (e.g., asking for their resignation, telling voters to call their representatives) to prompt an official to resign of be removed by official channels. But to assert that is his "business" as governor is ridiculous.

In addition, your statement is more than unclear, it clearly implies that you view unofficial channels of political pressure as THE standard way by which elected officials should be removed from office. You reinforce that this is your stance when you follow that comment with "Please quote the part of Texas law that it is the business of the courts to remove a DA through political pressure", again implying that using political pressure to remove disliked elected officials is someone's duty, and if not the courts then it must be the governor. ksen accurately comprehended your statements for the clearly implied meaning and thought is odd that you failed to grasp that he think official channels and not political pressure are the means by which elected officials should be removed and that it certainly is neither the courts nor the governor's "business" to oust people via political pressure, even if he used methods that are not technically illegal.


How? One way to pressure is through not funding the office he/she oversees.

Yes, that is a way to blackmail and coerce an elected official out of office, threaten to put their colleagues out of work and harm the public by eliminating an office that serves and protects the public for no other reason than to personally punish that person.
No one denies it could serve his goals, just that it is dangerous, reckless, anti-democratic, and an abuse of power toward an end that no sane person thinks the veto should or was intended to be used for.
Bypassing official channels and using coercive political pressure instead is not his "business", just something that he can potentially get away with if he limits himself to actions that prompt the person's party or constituents to put pressure on them to resign or that pressure on other office holders to impeach. He didn't use "pressure" he used threats towards her to harm other people and the public. That is grossly unethical no matter how he made those threats, but to do it via veto power is an abuse of that power to make an unethical threat to undermine the democratic will to have that office in place to oversee just the kind of unethical actions he threatened to engage in to achieve his ends.



ksen likely has the crazed notion that elected officials who do not willingly leave office should only be removed from office by official channels like impeachment, recall vote, or proven criminal activity, rather than by underhanded, secret blackmail or threats to harm the public and fire that person's colleagues by shutting down an entire vital function of the government.
And Rick Perry seems to have the crazy notion that elected officials that are seriously unbecoming of someone who is an officer of the court, someone who prosecutes drunk drivers, ought to go. Yes she was elected, and so was Rick Perry. They did not give him the power to fire her, but they did give him the power to politically pressure her to resign.

No, they did not give Perry the power the blackmail his opponents out of elected office.
Show us the statute which says anything similar to "The Governor shall be granted powers that allow him/her to remove elected officials from office via threats and coercion." Actual political pressure (not the direct threats and blackmail Perry used) is a just form of social pressure available to all humans and not a power "given" to us. The legit power Perry has to exert political pressure was not given to him but is merely the power all humans have to engage in social influence. He has the same rights and only the same rights as you or I to use standard avenues of encouraging an elected official to leave office, such as informing the media and public about their wrong doings, etc.. Although his social status (like that of a hollywood actor) makes it more likely those methods would be more effective than if you or I use them, but he isn't given special powers to use methods not available to us. The powers he is given as governor were not given to Perry to coerce others out of elected office. IF the rules of government were intended to give him special powers to coerce people out of office, then the rules would simply eliminate all elective offices and replace them with Governor appointments or give the governor direct veto power over all State elections and direct power to fire them. The absurdity of that is that exact absurdity of the idea that he was given powers for the purpose of coercing elected people out of office.
It is of course possible for him to use powers he was given to coerce people out of office, but that is an unintended misuse and unethical abuse of those powers.
Your argument amounts Perry using a kitchen knife that came with the Governor's mansion to stab someone, then claiming "they gave him that power".

I wouldn't mind a solely "official" system if it were effective, but I've seen so much scum in prosecutors offices I don't think current "official" methods are reliable.

Perry and what he did is as scummy as any prosecutor, so that's not much of a solution. Oh, and you basically just admitted that you have no regard for the rule of law and want your politicians to undermine it whenever it serves their and your political aims.
 
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