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Judge refuses to toss Rick Perry abuse-of-power case on constitutional grounds
FOX ^ | 1-27-15 | AP story

Posted on 01/27/2015 7:10:19 PM PST by smokingfrog

AUSTIN, Texas – A Texas judge on Tuesday refused to dismiss a felony abuse-of-power case against former Gov. Rick Perry on constitutional grounds, ruling that criminal charges against the possible 2016 presidential candidate should stand.

In 44 pages of decisions and orders, District Judge Bert Richardson, who like Perry is a Republican, rejected calls from Perry's pricy defense team to toss the case because its client was acting within his rights as chief executive of America's second-most populous state when he publicly threatened, then carried out, a 2013 veto of state funding for public corruption prosecutors.

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Texas
KEYWORDS: abuseofpower; bertrichardson; drunkda; perry2016; rickperry
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1 posted on 01/27/2015 7:10:19 PM PST by smokingfrog
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To: smokingfrog

insanity


2 posted on 01/27/2015 7:11:20 PM PST by GeronL
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To: GeronL

Austin all Rats!


3 posted on 01/27/2015 7:14:44 PM PST by Empireoftheatom48 (God help the Republic but will he?)
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To: smokingfrog

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.


4 posted on 01/27/2015 7:16:18 PM PST by yarddog (Romans 8:38-39, For I am persuaded.)
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To: yarddog

Can’t Perry just pardon himself?


5 posted on 01/27/2015 7:18:05 PM PST by Memphis Moe
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To: smokingfrog

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


6 posted on 01/27/2015 7:18:52 PM PST by Junior_G (Funny how liberals' love affair with Muslims began on 9/11)
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To: Memphis Moe

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


7 posted on 01/27/2015 7:20:00 PM PST by yarddog (Romans 8:38-39, For I am persuaded.)
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To: smokingfrog

Something must be in the water making Idiots in Austin.


8 posted on 01/27/2015 7:27:02 PM PST by Red Steel
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To: smokingfrog
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.

9 posted on 01/27/2015 7:28:41 PM PST by SSS Two
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To: Red Steel

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.


10 posted on 01/27/2015 7:30:05 PM PST by yarddog (Romans 8:38-39, For I am persuaded.)
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To: SSS Two

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


11 posted on 01/27/2015 7:30:17 PM PST by doc1019 (Blue lives matter)
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To: SSS Two

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


12 posted on 01/27/2015 7:32:06 PM PST by Red Steel
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To: SSS Two

Thanks for the information.


13 posted on 01/27/2015 7:36:16 PM PST by outinyellowdogcountry
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To: yarddog
As I recall, this the Austin Moonbat, Rosemary Lehmberg, who brought this nonsensical case against Perry.


14 posted on 01/27/2015 7:42:27 PM PST by Red Steel
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To: SSS Two

The judge is setting a trap for the prosecutor?

Son of a gun.


15 posted on 01/27/2015 7:45:19 PM PST by smoothsailing
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To: Memphis Moe

He’s not the Governor anymore.

I guess Gov. Abbott could pardon him.


16 posted on 01/27/2015 7:59:20 PM PST by smokingfrog ( sleep with one eye open (<o> ---)
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To: smokingfrog

Roland Freisler lives...

In the DEMOCRAP party!


17 posted on 01/27/2015 8:04:45 PM PST by Viennacon
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To: smokingfrog

18 posted on 01/27/2015 8:05:30 PM PST by Viennacon
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To: smokingfrog
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).

19 posted on 01/27/2015 8:20:25 PM PST by SSS Two
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To: Memphis Moe

Governors of TX have no direct pardon power.


20 posted on 01/27/2015 8:30:44 PM PST by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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