Texas' Perry indicted for coercion for veto threat

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fskimospy

Elite Member
Mar 10, 2006
84,775
49,434
136
That's relating to the content of the bill. A DA is not a lawmaker. She does not have the power to change the bill. He asked her to add the gravy of her resignation to it before he would consider it. That's soliciting a bribe and coercing a public servant.

Can you explain to me where the law makes a distinction where attaching requirements to the content of a bill and attaching requirements to staffing are treated differently where one amounts to a bribe and the other does not?
 

fskimospy

Elite Member
Mar 10, 2006
84,775
49,434
136
haha. Just exactly what side of the political aisle you fall on.

I thought sure you'd have joined the liberal pile-on here.

I have a pretty strong belief in good government to go along with my commie tendencies. Attempting to prosecute the governor for playing politics is a really bad idea, even if the governor in question is an idiot.
 

Tab

Lifer
Sep 15, 2002
12,145
0
71
The thread is largely missing one important part of the story, lets rehash through it...

The Travis County DA Rosemary Lehmberg works in Texas's Public Integrity Unit - essentially a part of the Texas Government that's solely purpose is to look for corruption with-in Texas.

As you probably already know, Lehmberg was convicted of driving drunk and acting extraordinarily unprofessional during her arrest. Once it become public, Rick Perry demanded she resign and if she didn't - he'd veto funding for the organization. She didn't resign and he veto'd funding.

Why didn't she resign, because the Public Integrity Unit was investigating CPRIT. The organization grants public funds for cancer research but something fishy was going with whom received the money. They found out that an exec was picking favorites on who got the donations. Who got the donations? Groups/people with ties to Rick Perry. That exec has been indicted and resigned.

If Lehmberg has resigned, Perry would have been able to appoint whomever he wanted into the Public Integrity Unit and kill the investigation.

The argument is that Perry used Lemberg's DUI as cover to save his buddies but that's hard sell in court. Here's the kicker - supposedly Perry went behind closed doors and told Lemberg if she didn't fight him he'd find her a job someplace else.

If they could prove it in court, Perry will undoubtedly be found guilty. Last but not least Lehmberg is an elected official who's responsible to Travis County so Perry killing her funding doesn't really play out...
 
Last edited:

TerryMathews

Lifer
Oct 9, 1999
11,473
2
0
He's tying the performance of his official duties to her proffering up something to him that he values. That's soliciting a bribe.
http://en.m.wikipedia.org/wiki/Bribery

Fails on two points:
1- he's not altering his behavior. A bribe in this situation would be "Look, I won't fire you if..."

2- you would have a very difficult time finding a judge who would agree that securing a resignation is an inducement absent some other benefit IE vacating the position so a family member could occupy it. It simply isn't an accepted legal theory I've ever heard of.
 

fskimospy

Elite Member
Mar 10, 2006
84,775
49,434
136
The thread is largely missing one important part of the story, lets rehash through it...

The Travis County DA Rosemary Lehmberg works in Texas's Public Integrity Unit - essentially a part of the Texas Government that's solely purpose is to look for corruption with-in Texas.

As you probably already know, Lehmberg was convicted of driving drunk and acting extraordinarily unprofessional during her arrest. Once it become public, Rick Perry demanded she resign and if she didn't - he'd veto funding for the organization. She didn't resign and he veto'd funding.

Why didn't she resign, because the Public Integrity Unit was investigating CPRIT. The organization grants public funds for cancer research but something fishy was going with whom received the money. They found out that an exec was picking favorites on who got the donations. Who got the donations? Groups/people with ties to Rick Perry. That exec has been indicted and resigned.

If Lehmberg has resigned, Perry would have been able to appoint whomever he wanted into CPRIT and kill the investigation.

The argument is that Perry used Lemberg's DUI as cover to save his buddies but that's hard sell in court. Here's the kicker - supposedly Perry went behind closed doors and told Lemberg if she didn't fight him he'd find her a job someplace else.

If they could prove it in court, Perry will undoubtedly be found guilty.

Obstruction of justice is totally a crime. If those sorts of things came to light you're definitely right that it would be a different ballgame. People in this thread are making the argument that Perry can't demand political concessions of this type for his veto under any circumstances, which is simply not true.
 

Tab

Lifer
Sep 15, 2002
12,145
0
71
Obstruction of justice is totally a crime. If those sorts of things came to light you're definitely right that it would be a different ballgame. People in this thread are making the argument that Perry can't demand political concessions of this type for his veto under any circumstances, which is simply not true.

Yea, and I doubt a Grand Jury would have indicted Perry just on the veto alone. There's a non-partisan prosecutor that took the case from the DA, reviewed their finding, did his own research and then took this to the next "legal" level... So, the idea that this is Democrats and Republicans throwing mud isn't accurate in the slightest. Someone with a better legal background could probably explain.
 

Mandres

Senior member
Jun 8, 2011
944
58
91
The thread is largely missing one important part of the story, lets rehash through it...

The Travis County DA Rosemary Lehmberg works in Texas's Public Integrity Unit - essentially a part of the Texas Government that's solely purpose is to look for corruption with-in Texas.

As you probably already know, Lehmberg was convicted of driving drunk and acting extraordinarily unprofessional during her arrest. Once it become public, Rick Perry demanded she resign and if she didn't - he'd veto funding for the organization. She didn't resign and he veto'd funding.

Why didn't she resign, because the Public Integrity Unit was investigating CPRIT. The organization grants public funds for cancer research but something fishy was going with whom received the money. They found out that an exec was picking favorites on who got the donations. Who got the donations? Groups/people with ties to Rick Perry. That exec has been indicted and resigned.

If Lehmberg has resigned, Perry would have been able to appoint whomever he wanted into the Public Integrity Unit and kill the investigation.

The argument is that Perry used Lemberg's DUI as cover to save his buddies but that's hard sell in court. Here's the kicker - supposedly Perry went behind closed doors and told Lemberg if she didn't fight him he'd find her a job someplace else.

If they could prove it in court, Perry will undoubtedly be found guilty. Last but not least Lehmberg is an elected official who's responsible to Travis County so Perry killing her funding doesn't really play out...

Thank you, I tried to point this out earlier. The unspoken allegation here is that Perry tried to kill the investigation of a slush fund that he used to sell favors and influence.
 

Tab

Lifer
Sep 15, 2002
12,145
0
71
Thank you, I tried to point this out earlier. The unspoken allegation here is that Perry tried to kill the investigation of a slush fund that he used to sell favors and influence.

Yup, there's a lot of noise with the reporting but he tried to use the DA's DUI as cover to kill the investigation.

It'll be very hard to prove and probably months before anything new comes out.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
Why not? Extortion is a crime with a very specific definition, one that doesn't depend on whether or not it is a personnel or a legislative condition being placed. So again, what's the basis for this distinction?



Yes, he could de-fund the court. Depending on how the Texas Constitution is written the abolition of the Texas Supreme Court through defunding might be unconstitutional, but that's an entirely different issue than a criminal charge of abusing power.

If Perry were to attempt to do that he would have to face the political consequences of attacking the Supreme Court, but I'm unaware of any legal consequences to him.

Texas law is quite peculiar in many respects. Tom Delay's legal problems reflect that entirely. What he was convicted of would not be a crime in many other states. And such may well be the case w/ Perry.

The governor will get his day in court & we'll see. In any case, he violates the public trust in putting personalities above legal principles & interfering with the legal process. That process has confirmed Lehmberg's legitimacy, something Perry has no right to alter.
 

xBiffx

Diamond Member
Aug 22, 2011
8,232
2
0
I have a pretty strong belief in good government to go along with my commie tendencies. Attempting to prosecute the governor for playing politics is a really bad idea, even if the governor in question is an idiot.

My hat's off to you eski. We rarely agree on things but I still respect you and your determination in trying to hash out the idiocy with some of these posters is very admirable. I am thankful you have more patience than I ever could.

Anyways, a giant pat on the back. :thumbsup:

I really want one of those "most interesting man in the world" memes. It would read something like: I don't always agree with you, but when I do, its when people are being absolute idiots about the obvious.
 

fskimospy

Elite Member
Mar 10, 2006
84,775
49,434
136
My hat's off to you eski. We rarely agree on things but I still respect you and your determination in trying to hash out the idiocy with some of these posters is very admirable. I am thankful you have more patience than I ever could.

Anyways, a giant pat on the back. :thumbsup:

I really want one of those "most interesting man in the world" memes. It would read something like: I don't always agree with you, but when I do, its when people are being absolute idiots about the obvious.

Well thanks! I think people are mixing up "things that I think are a bad idea" with "things that are illegal".
 

Tab

Lifer
Sep 15, 2002
12,145
0
71
Texas law is quite peculiar in many respects. Tom Delay's legal problems reflect that entirely. What he was convicted of would not be a crime in many other states. And such may well be the case w/ Perry.

The governor will get his day in court & we'll see. In any case, he violates the public trust in putting personalities above legal principles & interfering with the legal process. That process has confirmed Lehmberg's legitimacy, something Perry has no right to alter.

Source?
 

Fern

Elite Member
Sep 30, 2003
26,907
173
106
You're right, i think, in saying it's not bribery. It's extortion.

Which is typical legislative activity. (E.g., vote for my pork project or I won't vote for your bill. Etc.)

Fern
 

Fern

Elite Member
Sep 30, 2003
26,907
173
106
The thread is largely missing one important part of the story, lets rehash through it...

The Travis County DA Rosemary Lehmberg works in Texas's Public Integrity Unit - essentially a part of the Texas Government that's solely purpose is to look for corruption with-in Texas.

As you probably already know, Lehmberg was convicted of driving drunk and acting extraordinarily unprofessional during her arrest. Once it become public, Rick Perry demanded she resign and if she didn't - he'd veto funding for the organization. She didn't resign and he veto'd funding.

Why didn't she resign, because the Public Integrity Unit was investigating CPRIT. The organization grants public funds for cancer research but something fishy was going with whom received the money. They found out that an exec was picking favorites on who got the donations. Who got the donations? Groups/people with ties to Rick Perry. That exec has been indicted and resigned.

If Lehmberg has resigned, Perry would have been able to appoint whomever he wanted into the Public Integrity Unit and kill the investigation.

The argument is that Perry used Lemberg's DUI as cover to save his buddies but that's hard sell in court. Here's the kicker - supposedly Perry went behind closed doors and told Lemberg if she didn't fight him he'd find her a job someplace else.

If they could prove it in court, Perry will undoubtedly be found guilty. Last but not least Lehmberg is an elected official who's responsible to Travis County so Perry killing her funding doesn't really play out...

If this is true the story is being badly mis-reported. I.e., Perry wants her out for nefarious purposes, not because of her DUI etc.

Fern
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136

marincounty

Diamond Member
Nov 16, 2005
3,227
5
76
I hope Rick Perry has to undergo a full body cavity search when he is at the jail.
You know, because it is standard procedure- and just to make sure every one is safe.
 

actuarial

Platinum Member
Jan 22, 2009
2,814
0
71
Obstruction of justice is totally a crime. If those sorts of things came to light you're definitely right that it would be a different ballgame. People in this thread are making the argument that Perry can't demand political concessions of this type for his veto under any circumstances, which is simply not true.

I think there's a difference between political concessions and asking for the resignation of an elected official (sorry, Canuck here and I may be wrong on her being elected).

If there's no limit to threatening to veto, I don't see why the above details would change anything. He wouldn't have abused his power until such time as some obstruction was actually committed.

I couldn't find the wording on what 'abuse of official capacity' and 'coercion of an official' means to assess the true legality of this.
 

blankslate

Diamond Member
Jun 16, 2008
8,656
491
126
Even if he is convicted which I doubt...

It probably would be overturned eventually.



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