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

Skip to comments.

Rick Perry again asks state judge to toss indictment citing vague charges
San Antonio Express News ^ | 1/30/2015 | Peggy Fikac

Posted on 01/31/2015 3:14:50 PM PST by SSS Two

Edited on 01/31/2015 7:43:37 PM PST by Admin Moderator. [history]

AUSTIN – Former Gov. Rick Perry again Friday asked a state judge to toss out the indictment accusing him of abusing his authority.

Perry’s lawyers said the charges against the former governor were too vague and failed to allege a violation of the law.

The argument follows a roadmap for another attempt to toss the indictment that was outlined by Judge Bert Richardson on Tuesday when he denied a previous motion to dismiss ...

In Friday’s filing, Perry’s lawyers said both counts against the former governor were too vague and failed to allege a violation of the law.

Among other points, Perry’s lawyers said the second count failed to “allege the language of the alleged threat so as to reflect that it was a ‘true’ threat, which is required by the fee speech provisions of the Constitutions of the United States and the State of Texas.”

Perry’s team has taken issue with the idea that Perry actually made a threat.

Richardson in his earlier ruling said the prosecution must amend its filing to meet a concern over wording raised by Perry's lawyers regarding the indictment’s second count. He also invited McCrum to amend the first count to include more specifics.


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


TOPICS: Government; News/Current Events; US: Texas
KEYWORDS: mccrum; perry; richardson
As I mentioned after Judge Richardson's orders were released, it appears Judge Richardson is sympathetic to Perry's plight. The author of this article said Perry's attorneys are following the roadmap outlined by Judge Richardson. Earlier this week, I said that Judge Richardson seemed to be providing guidance to the parties in this suit. I am not a lawyer, but I am a follower of the Court in several cases. I have never seen a judge telegraph his desires the way Judge Richardson does.

I like how Perry's lawyers claim that the indictment doesn't even allege what the purported "threat" was. Judge Richardson will undoubtedly allow the prosecution to amend the indictment to identify what the so-called threat was.

Ultimately, it looks like Judge Richardson wants to find that the indictment doesn't allege that former Governor Perry committed a crime even if everything it says is true. For Count 1, former Gov. Perry did not enter into an agreement on not to veto a spending bill. He didn't violate his oath do office by vetoing the bill either. For Count 2, any alleged "threat" was protected as part of the former governor's deliberative process on how to act upon the spending bill.

1 posted on 01/31/2015 3:14:50 PM PST by SSS Two
[ Post Reply | Private Reply | View Replies]

To: SSS Two

Sorry for the unrelated text at the top of the article.


2 posted on 01/31/2015 3:15:48 PM PST by SSS Two
[ Post Reply | Private Reply | To 1 | View Replies]

To: SSS Two; moder_ator

Moderator will fix it if you request


3 posted on 01/31/2015 3:23:45 PM PST by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SSS Two

Rosemary Lehmberg, The Drunk-Driving DA Of Travis County

4 posted on 01/31/2015 3:28:11 PM PST by Liberty Valance (Keep a simple manner for a happy life :o)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SSS Two

5 posted on 01/31/2015 3:29:23 PM PST by Slyfox (To put on the mind of George Washington read ALL of Deuteronomy 28, then read his Farewell Address)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Slyfox

Oh yuk! I sure hope this hideous creature is not reproducing more of her kind.


6 posted on 01/31/2015 3:34:07 PM PST by House Atreides (CRUZ or lose!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: SSS Two
This is the same Austin, TX., Travis Country, that elected the disgraced Democrat Chief Prosecutor Ronnie Earl who indicted Tom Delay on BS campaign law violations.

After eleven years, the matter of Mr. DeLay’s fund-raising in the 2002 election cycle has been finally put to rest, with Mr. Earle’s case having been vivisected by Justice Melissa Goodwin, who in her quietly scathing opinion did not bother even to consider six of the eight points raised by Mr. DeLay’s defense, finding the first two sufficient to snuff out what is in theory a prosecution but is in fact a persecution.

DeLay’s Vindication, Texas’s Shame
(September 20, 2013)

7 posted on 01/31/2015 3:34:23 PM PST by TexasCajun
[ Post Reply | Private Reply | To 1 | View Replies]

To: hoosiermama; moder_ator
Moderator - please remove the unrelated text at the top of this article.

Hoosiermama - Thanks for the advice!

8 posted on 01/31/2015 3:54:59 PM PST by SSS Two
[ Post Reply | Private Reply | To 3 | View Replies]

To: SSS Two

How does what Perry did differ from what Obama has been threatening since the Republicans took over, “I will veto it”
about five times already?


9 posted on 01/31/2015 3:58:35 PM PST by odawg
[ Post Reply | Private Reply | To 1 | View Replies]

To: House Atreides; Liberty Valance

Knowing that pictures like that will be posted always make me ask myself if a article related to Lehmberg in any way is absolutely necessary.


10 posted on 01/31/2015 3:59:28 PM PST by SSS Two
[ Post Reply | Private Reply | To 6 | View Replies]

To: odawg
How does what Perry did differ from what Obama has been threatening since the Republicans took over, “I will veto it” about five times already?

Not much. The big difference is the existence of an ideologically driven prosecutor pursuing an untenable legal case against Perry. There is no ideologically driven prosecutor willing to pursue a no-win case against Pres. Obama.

11 posted on 01/31/2015 4:04:31 PM PST by SSS Two
[ Post Reply | Private Reply | To 9 | View Replies]

To: Liberty Valance

12 posted on 01/31/2015 4:06:50 PM PST by Paine in the Neck (Socialism consumes EVERYTHING)
[ Post Reply | Private Reply | To 4 | View Replies]

To: odawg

The short answer is Obama’s prosecutor is his best friend who would never lift a finger to target him.

Perry’s prosecutrix is a rabid evil demonrat - went after Tom Delay also.


13 posted on 01/31/2015 4:07:53 PM PST by shalom aleichem
[ Post Reply | Private Reply | To 9 | View Replies]

To: SSS Two

Try clicking on the “abuse” button and ask.

That gets their attention


14 posted on 01/31/2015 4:38:55 PM PST by digger48
[ Post Reply | Private Reply | To 8 | View Replies]

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