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To: Rurudyne

And let’s not forget the abuse heaped in Governor Perry by the drunken DA !

“The Texas Court of Criminal Appeals dismissed all charges in February 2016.[50][9] The court was divided 6-2, and its majority opinion by Presiding Judge Sharon Keller was accompanied by two concurring opinions and two dissents.[50]

The court dismissed the abuse-of-official-capacity charge, and upheld the earlier dismissal of the coercion-of-a-public-servant charge. The former charge was dismissed under the separation of powers provision of the Texas Constitution, a provision which the court interpreted as forbidding prosecution of a governor for his veto, using the abuse-of-official-capacity statute. As to the latter charge, the court agreed with the lower court that it would violate the free speech principles in the First Amendment to the United States Constitution if a governor who threatens a veto is prosecuted using the coercion-of-a-public-servant statute.[50]

The court also addressed the procedural question of whether Perry could make his separation-of-powers argument in a pretrial habeas corpus application, followed by an interlocutory appeal (i.e. an appeal before the end of the lower court proceedings). On this question, the court said: “The nature of the constitutional right at issue entitles him to raise these claims by pretrial habeas corpus.”[50] The previous understanding had been that a defendant seeking pretrial habeas relief had to successfully argue that a statute was facially unconstitutional, rather than unconstitutional as applied (which was Perry’s argument).[50]

According to the U.S. Supreme Court, the U.S. Congress cannot limit the veto power of the U.S. president, and the Texas Court of Criminal Appeals here decided that the same principle applies to the governor. Thus, said the court, the Texas Legislature cannot turn a veto into a crime: “When the only act that is being prosecuted is a veto, then the prosecution itself violates separation of powers,” wrote Judge Keller.[50]

This dismissal ended the abuse-of-power accusations that had detrimentally affected Perry’s unsuccessful campaign for president in 2015.[51] The case also cost Perry more than $2 million in attorney fees.[52]”


39 posted on 06/01/2019 8:16:35 PM PDT by Pikachu_Dad ("the media are selling you a line of soap)
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To: Pikachu_Dad

Abuse and Harrassment by Lawyers, they can ruin you even if you can defend yourself


43 posted on 06/01/2019 8:30:44 PM PDT by Rurudyne (Standup Philosopher)
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