Judge refuses to toss Rick Perry abuse-of-power case on constitutional grounds

FOX ^ | 1-27-15 | AP story

[GeronL]

insanity

[Empireoftheatom48]

Austin all Rats!

[yarddog]

The judge and the prosecutor should be tarred, feathered, hauled off to Mexico on a rail then someone should pay a Mexican drug lord to execute them.

Idiocy on parade.

[Memphis Moe]

Can’t Perry just pardon himself?

[Junior_G]

That Democrats sincerely want Governor Perry to die in prison for casting a veto tells you all you need to know about them.

[yarddog]

What remedy is there for malfeasance on the part of prosecutors and judges?

[Red Steel]

Something must be in the water making Idiots in Austin.

[SSS Two]

The judge said Count 1 isn't specific enough and encouraged the prosecutor to amend it. The judge said that the defense was making assumption -- "reasonable" assumptions according to the judge -- that Count 1 referred to his veto of a spending bill. The judge indicated Count 1 will have Constitutional problems if it indeed has to do with the veto.

The judge said that Count 2 was "defective" because it didn't address all the elements of a crime. He directed the prosecutor to amend Count 2 to argue that discussing the veto with his Staff wasn't part of Perry's deliberative process. It will be interesting to see how the prosecutor does that.

The judge explicitly found that the statutes in question are Constitutional. The judge specifically declined to make a determination if the indictment intends to prosecute Constitutionally protected speech. That would have to come at a later date, he said. It looks to me that the judge does not want to rule on this case on Constitutional grounds. I think the judge tightened the noose around the prosecutor's neck. The judge is guiding the prosecutor to amend the indictment so that he can find that even that no crime was committed even if all the allegations in the indictment are true.

[yarddog]

I had a friend in grad school who was a Communist. He wasn’t as bad as most of them but obviously had very radical ideas.

A couple of other students told me that his Brother lived in a Communist/Hippy commune in Austin. Apparently that is considered normal activity in that town.

[doc1019]

Gee, wonder what brought him to this decision. Mayap ole “I have a pen and a phone”?

[Red Steel]

OK then. You couldn’t tell by the sensational and misleading title.

[outinyellowdogcountry]

Thanks for the information.

[Red Steel]

As I recall, this the Austin Moonbat, Rosemary Lehmberg, who brought this nonsensical case against Perry.

[smoothsailing]

The judge is setting a trap for the prosecutor?

Son of a gun.

[smokingfrog]

He’s not the Governor anymore.

I guess Gov. Abbott could pardon him.

[Viennacon]

Roland Freisler lives...

In the DEMOCRAP party!

[Viennacon]

[SSS Two]

On page 9 of the Order Denying the Pretrial Writ of Habeas Corpus, Judge Richardson writes that Perry's "arguments are compelling and may be relevant at a later time". The arguments Richardson refers to are Perry's Constitutional defenses. So I'm changing my position. Judge Richardson May find in favor of Perry on Constitutional grounds. Richardson repeatedly says that these issues may not be decided in pretrial writs, though.

It is abundantly clear that Richardson expects the prosecution to fix obvious (perhaps fatal) flaws in the indictment. Meanwhile, the defense is forging ahead with appeals to the twin Orders. My gut says Richardson is right on the law as stupid as it sounds. The way it stands now, a defendant can not possibly get an indictment dismissed for clearly protected speech without going to trial first.

The legislature is currently in session until May. I can't envision the lege authorizing funds for Travis County to use in the public integrity unit this year. This case is costing Travis County $15 million (four years of integrity unit money plus their legal fees).

[Theodore R.]

Governors of TX have no direct pardon power.