Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Perry files appeal with state’s highest criminal court
San Antonio Express-News ^ | August 18, 2015 | By Peggy Fikac

Posted on 08/19/2015 8:41:20 PM PDT by SSS Two

AUSTIN - Former Gov. Rick Perry appealed to the state’s highest criminal court Tuesday in an effort to dispose of the abuse-of-power charge that remains standing against him.

Casting the argument in dramatic terms and saying the constitutional separation of powers is at stake, Perry’s legal team in its petition to the Texas Court of Criminal Appeals urged it to act “to prevent the judicial system from being complicit in undermining the very structure of Texas government.”

Perry, who left office in January and is seeking the Republican presidential nomination, suggested he is looking for a speedy resolution to the legal cloud hanging over his head.

He was indicted last year after being accused of abusing his veto power in 2013 to try to force out the Democratic Travis County district attorney in the wake of her drunken-driving arrest.

When Rosemary Lehmberg failed to step down from office, Perry carried through on a promise to veto money for a public-corruption unit she oversaw. A government watchdog group, Texans for Public Justice, filed a complaint saying he went too far.

Richardson, a Republican, has been elected to the Texas Court of Criminal Appeals since he began overseeing the Perry case. He would recuse himself from deciding on this appeal if it’s taken up.

The 3rd Court last month agreed with Richardson that it was too early in the case to decide whether one of the counts against Perry, abuse of official capacity, was unconstitutional as applied to the former governor. That is the point that Perry appealed Tuesday.

The appeals court decided in Perry’s favor on a second count against him, coercion of a public servant, saying the state law on which it is based violates the First Amendment. The appellate court said that count should be dismissed. The Office of State Prosecuting Attorney plans to appeal the finding that the law is unconstitutional.

The Court of Criminal Appeals first will decide whether to take up Perry’s case and if it does so, will look at its merits.

The abuse count that remains against Perry has been presented as a first-degree felony, which is punishable by five to 99 years in prison. Perry’s lead attorney, Anthony Buzbee of Houston, has said he believes the charge is a misdemeanor.

In Tuesday’s appeal, Perry’s team took issue with the idea that his challenge of the abuse count can’t be decided before trial —particularly his argument that the charge violates the separation of powers and the speech and debate clause of the state constitution.

“He seeks to vindicate his right not to be tried at all, and that right is virtually meaningless if it cannot be asserted and vindicated until after trial. Indeed, the mere act of deferring resolution until trial is constitutionally offensive,” said his petition.


TOPICS: News/Current Events; US: Texas
KEYWORDS: 2016election; election2016; perry; tedcruz; texas
Navigation: use the links below to view more comments.
first 1-2021-40 next last
Gov. Perry is appealing his indictment to the Criminal Court of Appeals, Texas' highest criminal court. The remaining count on the indictment claims that Gov. Perry abused his official capacity when he vetoed part of an appropriations bill. Basically, Gov. Perry claims that he can't be criminally liable for vetoing a bill. An appeals court earlier determined that Gov. Perry engaged in constitutionally protected free speech when he issued a veto threat on the same bill.
1 posted on 08/19/2015 8:41:20 PM PDT by SSS Two
[ Post Reply | Private Reply | View Replies]

To: SSS Two
Vetoing, or threatening veto, seems inherent in the powers of the office.

What are the complainers complaining about?

2 posted on 08/19/2015 8:44:22 PM PDT by aposiopetic
[ Post Reply | Private Reply | To 1 | View Replies]

To: SSS Two

This is a guy who as GOVERNOR of TEXAS couldn’t figure out a way to DESTROY the CPUSA and their allies in that great State.

Low IQ moron.

http://www.breitbart.com/big-government/2015/08/19/ready-perry-gets-a-fundraising-bump-hoping-the-polls-follow/


3 posted on 08/19/2015 8:49:58 PM PDT by Rome2000 (SMASH THE CPUSA)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SSS Two

The fact that this charge wasn’t laughed out of court at the onset just shows how corrupt the court system is.


4 posted on 08/19/2015 8:51:48 PM PDT by RightOnTheBorder
[ Post Reply | Private Reply | To 1 | View Replies]

To: SSS Two

A kangaroo court of libs in Austin. Should be thrown out.


5 posted on 08/19/2015 8:55:49 PM PDT by KC_Conspirator
[ Post Reply | Private Reply | To 1 | View Replies]

To: SSS Two

I’m not aware of any law that prevents the governor from vetoing any bill for any reason he desires. It’s one of the few powers the governor has.


6 posted on 08/19/2015 9:03:07 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SSS Two
Perry claims that he can't be criminally liable for vetoing a bill.

Common sense says the same, but liberals lack common sense.

7 posted on 08/19/2015 9:10:13 PM PDT by South40 (Falling for Trump's rhetoric while ignoring his liberal past is incredibly foolish)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RightOnTheBorder

As you know this is specifically Travis County and this overly empowered Travis County DA and Grand Jury is a holdover from a century of Yeller Dog dems running everything, including LBJ.


8 posted on 08/19/2015 9:13:05 PM PDT by X-spurt (CRUZ missile - armed and ready.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Rome2000

What are you talking about?


9 posted on 08/19/2015 9:17:12 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
[ Post Reply | Private Reply | To 3 | View Replies]

To: aposiopetic

In my opinion he did abuse his power. The district attorney of that county was elected by the people. She was caught driving drunk. That is none of Perry’s business - he has no power over that county. He said if she didn’t quit, he would veto a bill giving the county money public-corruption unit she oversaw.

Perry’s ego overtook him as it does sometimes - he wanted to make her quit. There are only two ways for her to be out of that ELECTED BY THE PEOPLE office. She can quit or she can be removed at the next election. He can’t do jack to her.

So, in his angst to get her out of office, he threatened to veto that bill and he did. That was a vindictive action on his part - he abused his power by using it to hurt that district attorney, not because it was a bad bill.

He needs to be convicted of that action and pay a big fine.


10 posted on 08/19/2015 9:21:08 PM PDT by Marcella (TED CRUZ (Prepping can save your life today.))
[ Post Reply | Private Reply | To 2 | View Replies]

To: Marcella

A bill that allocates funds to a drunken criminal is a bad bill.


11 posted on 08/19/2015 9:23:05 PM PDT by JediJones (The #1 Must-see Filibuster of the Year: TEXAS TED AND THE CONSERVATIVE CRUZ-ADE)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Marcella

So let the people who elected the drunk pay for it!


12 posted on 08/19/2015 9:26:27 PM PDT by EDINVA
[ Post Reply | Private Reply | To 10 | View Replies]

To: smokingfrog

I’m talking about a guy who not only failed to use his office as Governor to DESTROY the communists, but let them indict him.

Maybe he should call that bus driver President of Venezuela and ask him for lessons on how to DESTROY the opposition.


13 posted on 08/19/2015 9:27:08 PM PDT by Rome2000 (SMASH THE CPUSA)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Rome2000

Yeah, those commies are taking over the state.


14 posted on 08/19/2015 9:30:00 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Marcella
She can quit or she can be removed at the next election. He can’t do jack to her.

This is true, but I don't see your point. Are you saying that Gov. Perry removed Rosemary Lehmberg from office? If so, I assure you that Gov. Perry did no such thing.

The behavior at issue in this trial is whether Gov. Perry could issue a veto threat and veto a bill.

15 posted on 08/19/2015 9:35:03 PM PDT by SSS Two
[ Post Reply | Private Reply | To 10 | View Replies]

To: Marcella

Didn’t the drunk threaten to use the power of her office against the cops that arrested her? How is someone like that supposed to have the publics trust? She refused to resign.


16 posted on 08/19/2015 9:38:57 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Marcella
The district attorney of that county was elected by the people. She was caught driving drunk. That is none of Perry’s business - he has no power over that county.,/i.

Whoa, Marcella! You're from Texas, you should know better.

Recall that, according to the Texas State Constitution, the District Attorney of Travis County is, essentially, a permanent "special prosecutor" for the state. She -- and she alone -- may investigate and prosecute all elected state officials on matters of public integrity.

Her budget for this purpose does not come from the county -- it is allocated by the state. And that budget is administered by the Governor.

17 posted on 08/19/2015 9:47:53 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
[ Post Reply | Private Reply | To 10 | View Replies]

To: SSS Two

Maybe they’ll be impressed with his new glasses and decide in his favor.


18 posted on 08/19/2015 9:55:49 PM PDT by Calpublican (The Republican Party has become corrupt!!!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SSS Two

To say I am not a Perry fan is a massive understatement. But he should be suing THEM.

If this gets through and Perry is found guilty, Cruz/Trump will be next the day they are sworn in. Or any other non leftist for than matter.


19 posted on 08/19/2015 10:02:18 PM PDT by Norm Lenhart
[ Post Reply | Private Reply | To 1 | View Replies]

To: SSS Two

Give it up, Rick. You’ll always be at the kiddy table.


20 posted on 08/19/2015 10:11:08 PM PDT by bgill ( CDC site, "we still do not know exactly how people are infected with Ebola")
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-40 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson