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Dunn: Paxton indictment an embarrassment to Texas Criminal Justice System
Midland Reporter-Telegram ^ | 1 September, 2015 | Tim Dunn

Posted on 02/12/2016 4:20:36 PM PST by marktwain

The new normal for conservatives in Texas is to be attacked by spurious complaints that trigger outrageous misuses of our justice system. This month, Attorney General Ken Paxton joined other indicted conservatives, such as former Gov. Rick Perry, who do not deserve such abuse.

Paxton's indictment resulted from a criminal complaint by state Rep. Byron Cook. Cook is one of the handful of Republican legislators who joined with the Democratic caucus in 2009 to oust the last conservative house speaker, Midland's own Tom Craddick. The House has since been ruled by Cook and other Republicans who joined forces to form a House coalition with the Democratic caucus.

The House coalition retains power by projecting the illusion that the House is controlled by Republicans, by spreading lobby cash to House coalition members, and by bullying any Republican who won't play along. Paxton challenged the House coalition by running for speaker in 2011, and he has since received particular attention from the House coalition's enforcement arm. His indictment is a result of their efforts and represents a new low. It also makes clear the House coalition is willing to thwart the will of conservative Republican voters in Texas.

Cook waited four years to complain that Paxton supposedly violated securities laws by encouraging him to invest in a McKinney-based company, Servergy, Inc., without explaining he was receiving compensation from the company or disclosing that he did not personally invest. That's it -- Cook is a wealthy and sophisticated investor who now claims he required information that was of such little importance at the time that he apparently didn't bother to ask about it. Now, Cook wants Paxton to be convicted of a first-degree felony.

Lawyers are rightly expressing skepticism about the case. In an interview with Texas Lawyer on Aug 5, attorney Cynthia Orr said the allegation that Paxton didn't tell the investors that he had not personally invested in Servergy is "strange."

"How would it be material to an investor that (Paxton) had not invested," said Orr, an attorney with Goldstein, Goldstein & Hilley. "I would attack it. ... How would it make someone invest, where they would not invest had they known?"

House coalition leaders have targeted a number of conservatives. Empower Texans President Michael Sullivan won a legal challenge against the House coalition-influenced Texas Ethics Commission ("TEC"). I serve as chairman of Empower Texans and am convinced the TEC attack stems from the House coalition's desire to obtain the organization's donor list so leaders in the House can bully donors. I have been told that a House coalition leader called another organization's sponsors and threatened them with retaliation if they did not withdraw their support.

The House coalition also launched impeachment proceedings against University of Texas regent Wallace Hall. Why? Because he was asking questions that ultimately made clear legislators were inappropriately gaming university admissions for underqualified students. In their unsuccessful attempt to silence Hall, they tried to have him indicted too if he would not resign.

It seems clear that Paxton's indictment was predetermined. Prosecutors stated they were seeking felony indictments before the grand jury even met, despite the fact that a prosecutor's responsibility before grand juries is to seek justice. There are numerous other irregularities:

- Paxton was not allowed to present his side of the story to the grand jury, despite an agreement with the prosecutors that provided him that right.

- Names of grand jurors were improperly sent to outside lawyers, elected officials in Collin County, and reporters.

- At least one lawyer made direct contact with some of the jurors to lobby them to indict Paxton.

- The prosecutors violated the court’s instructions by revealing details of the sealed indictments to the New York Times.

- The prosecutors also informed media of their "belief" that Paxton committed "felony" crimes, despite rules that prohibit such statements.

Now the judge who appointed the special prosecutors and oversaw the indictment has recused himself, citing conflicts that seem questionable.

The entire thing stinks to high heaven.

Texans need to demand an end to this abuse of the system that is supposed to produce liberty and justice for all -- even conservative Republicans.

Tim Dunn is chairman of the board of Empower Texans and a Midland oilman.

Those who may take issue with this op-ed and want to submit their own take on Paxton's legal issues can contact Editor Stewart Doreen at 687-8856 or sdoreen@mrt.com.


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections; US: Texas
KEYWORDS: 2016election; ag; election2016; indictiment; kenpaxton; mckinney; paxton; servergy; tedcruz; texas
It certainly reminds one of the Tom DeLay and Rick Perry Cases.
1 posted on 02/12/2016 4:20:36 PM PST by marktwain
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To: marktwain

“Paxton was not allowed to present his side of the story to the grand jury, despite an agreement with the prosecutors that provided him that right.”

Very few people ever get to present their side to a grand jury. Typically, the prosecutor is the only one that presents.


2 posted on 02/12/2016 4:27:33 PM PST by Timpanagos1
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To: marktwain

Indicting a Ham Sandwich.


3 posted on 02/12/2016 4:29:21 PM PST by stocksthatgoup (Trump for me. I want to see Hillary, Bernie or any demoncrap crushed)
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To: marktwain

The Texas prosecutors are “wild west.” Lock up anybody on pretext, and throw away the key. The legal system is as big a joke as is the system in Floriduh. Maybe the heat fries their brains. “Good old boys.”


4 posted on 02/12/2016 4:32:00 PM PST by Cboldt
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To: marktwain

Bookmarking


5 posted on 02/12/2016 4:33:40 PM PST by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: Cboldt

Liberal Republicans control the House Speakership. It has been impossible to change that situation.


6 posted on 02/12/2016 4:34:27 PM PST by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: marktwain
All you need to know about Texas Democrats & their Republican friends in one photo.

Lots of Democrats change parties to get elected in TX and sometimes it works.

This die-hard liberal, Democrat District Attorney of Travis County, Rosemary Lehmberg, is the one that went after Rick Perry.

7 posted on 02/12/2016 4:36:01 PM PST by TexasCajun (#BlackViolenceMatters)
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To: marktwain
It certainly reminds one of the Tom DeLay and Rick Perry Cases.

One huge difference Delay and Perry (and don't forget Kay Bailey) were railroaded in the leftwing stronghold of Austin. Paxton was charged in the Republican stronghold of Collin County. So I'd have to hear the evidence before I make up my mind on this one. Circumstances are completely different.

8 posted on 02/12/2016 4:36:19 PM PST by PAR35
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To: Timpanagos1

I hope the writer doesn’t practice criminal law. He seems to lack an understanding of the process.


9 posted on 02/12/2016 4:38:13 PM PST by PAR35
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To: TexasCajun

Hey, she’s kind of hot, especially in those restraints.


10 posted on 02/12/2016 4:38:22 PM PST by dljordan (WhoVoltaire: "To find out who rules over you, simply find out who you are not allowed to criticize.")
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To: dljordan

Hot? She looks like Rodney Dangerfield in a blonde wig with falsies!


11 posted on 02/12/2016 4:54:39 PM PST by Boogieman
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To: marktwain

Byron Cook of Corsicana has a primary challenger on March 1; it is unclear if Cook is in any real danger though. The opponent is a scion of the Collin Street Bakery.


12 posted on 02/12/2016 5:19:17 PM PST by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: TexasCajun

Travis County is a stronghold of Barack H. Obama too.


13 posted on 02/12/2016 5:19:55 PM PST by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: marktwain

The people who did this to Paxton are the very same types trying to take down the people who video-taped Planned Parenthood selling baby body parts.


14 posted on 02/12/2016 5:23:21 PM PST by Slyfox (Ted Cruz does not need the presidency - the presidency needs Ted Cruz)
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15 posted on 02/12/2016 6:06:47 PM PST by DoughtyOne (the Free Republic Caucus: what FReepers are thinking, 100s or 1000s of them. It's up to you.)
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To: marktwain

Using the tools of government law enforcement to reduce and imprison political opposition is crossing the Rubicon to totalitarian government.
It is pure organized crime, no better than sending a hit squad to shoot them.
In a place like Texas that has had a history of resisting tyrants with violence, it would seem like an exceedingly dangerous game.

Someone who can easily see that you want to imprison them for opposing you politically might just decide to blow out your lamp to repay the favor. Id love to be on that jury.


16 posted on 02/12/2016 6:45:58 PM PST by DesertRhino ("I want those feeble minded asses overthrown,,,")
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To: DesertRhino

There are ways to deal with this.


17 posted on 02/12/2016 7:48:23 PM PST by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: Boogieman

:)


18 posted on 02/13/2016 6:40:33 AM PST by dljordan (WhoVoltaire: "To find out who rules over you, simply find out who you are not allowed to criticize.")
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To: marktwain

The process itself is intended to be the penalty, not any supposed conviction.

Such is leftist “lawfare.”


19 posted on 11/03/2016 3:37:57 AM PDT by fwdude (Stronger, To Get Her)
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To: DesertRhino

Yes. Prosecutors have been given blanket immunity by the Supreme Court. They can collude with “witnesses” to put forward false testimony to grand juries. They can drop charges, just shot of trial, and refile them, over and over, to bankrupt political “enemies”.

They can pursue personal vendettas this way.

And the Supreme Court has ruled that they are immune from prosecution for it.


20 posted on 11/03/2016 4:09:58 AM PDT by marktwain
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