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Prosecutor asks court to reverse ‘unlawful’ Daniel Perry pardon
Nexstar Media, Inc,. via MSN ^ | June 5, 2024 | Erica Pauda

Posted on 06/05/2024 10:34:02 AM PDT by libstripper

USTIN (KXAN) — The Travis County district attorney’s office plans to take action against Gov. Greg Abbott in response to what it believes was an “unlawful” pardon of a man convicted of murder in the death of a Black Lives Matter protester in 2020.

Gov. Greg Abbott pardoned Daniel Perry on May 16, one week after he was sentenced to 25 years in prison. The former Army sergeant was working for Uber when he drove into a crowd of protesters who started kicking and hitting his car, court testimony showed. He shot protester Garrett Foster, himself an Air Force veteran, who was armed with a rifle and approached the car.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: abbott; antifa; banglist; executivepowers; pardon; perry; texas
Here's another, more complete article to connect to the one I already posted about this.
1 posted on 06/05/2024 10:34:02 AM PDT by libstripper
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To: libstripper

The court should shut this down immediately.


2 posted on 06/05/2024 10:37:10 AM PDT by Reno89519 (Build the Wall, Deport Them All. No amnesty for anyone.)
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To: libstripper
How can a pardon be 'unlawful'?? It's inherently subjective on the part of the executive. If you disagree, you could call it sleazy or inappropriate or something if you want, but the exec has the power to pardon so long as it doesn't involve a bribe or something. I'm sure the law doesn't say anything about the power being limited to people liberals like. Don't like it, get a different governor elected who agrees with you. Are we about to haul Slick Willie in over Marc Rich?
3 posted on 06/05/2024 10:40:56 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Reno89519

Travis County? Plenty of judges there that will agree with the prosecutor. It will end up at the Texas Supreme Court to settle it.


4 posted on 06/05/2024 10:41:21 AM PDT by damper99
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To: Still Thinking

This prosecutor has no idea how English works. ‘E corrupts it to ‘is ends, and whines when someone disagrees.

The Guv’na is just down the street. He ought to get an aid to run over a personal note: “F@& You!”


5 posted on 06/05/2024 10:43:20 AM PDT by bobbo666 (Baizuo, )
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To: bobbo666

Saw my county sheriff speak yesterday. His people put something quasi-religious on the SD Facebook page. He got a nastygram from the Freedom From Religion Foundation people.

His response was that of Gen. McAuliffe at Bastogne.

Nuts


6 posted on 06/05/2024 10:45:37 AM PDT by FreedomPoster (Islam delenda est)
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To: All

In the notorious House Post Office scandal, Robert Rota, the Congressional Postmaster, pleaded guilty to three criminal charges, implicating Representatives Dan Rostenkowski (D-IL), Joe Kolter (D-PA) and his then Chief of Staff.

They were accused of heading a conspiracy to launder Post Office money through stamps and postal vouchers.

Rostenkowski pleaded guilty in 1996 to mail fraud and was sentenced to 18 months in prison.

In 2000, just before he left office, then-US President Bill Clinton pardoned Rostenkowski, which became part of a larger controversy about Clinton’s pardons.


7 posted on 06/05/2024 10:46:50 AM PDT by Liz (This then is how we should pray: Our Father who art in heaven, Hallowed be thy name . )
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To: libstripper

The Texas Constitution seems pretty clear in this.

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.4/CN.4.11.htm#:~:text=The%20Governor%20shall%20have%20the,pardons%20in%20cases%20of%20treason.


8 posted on 06/05/2024 10:52:35 AM PDT by gunnut
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To: gunnut; All

Thanks for your link. Looks to me like the below quoted part of section 11 (b) applies to this situation.

(b) In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction or successful completion of a term of deferred adjudication community supervision, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishment and pardons; and under such rules as the Legislature may prescribe[.]

In short, it looks like, before the Texas governor has the power to pardon anyone, he must go to the Board of Pardons and Parole and get the approval of at least a majority of that board and the approval needs to be granted under “such rules as the legislature may prescribe[.]”

That doesn’t leave much room for anybody who’s challenging a pardon that was granted with the consent of the Board of Pardons and Paroles, exactly what this was. In other words those who are challenging Abbott’s action are going to have to find some specific legislation that gives them the authority to challenge them. Probably not much chance.


9 posted on 06/05/2024 11:27:16 AM PDT by libstripper
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To: libstripper

Point a gun in somebody’s face and they have a right to kill you.


10 posted on 06/05/2024 11:32:05 AM PDT by E. Pluribus Unum (The worst thing about censorship is █████ ██ ████ ████ ████ █ ███████ ████. FJB.)
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To: libstripper

Court should find this leftist liable for abuse of process and make him pay the defense’s legal fees


11 posted on 06/05/2024 11:33:28 AM PDT by jpp113
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To: Reno89519

This would be double jeopardy would it not?


12 posted on 06/05/2024 11:50:15 AM PDT by MrRelevant
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To: MrRelevant

No, because it’s not a 2nd prosecution/trial.


13 posted on 06/05/2024 12:20:08 PM PDT by Valpal1 (Not even the police are safe from the police!!!)
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To: libstripper

Crooked Austin DA simply needs to get bent. Abbott followed all pertinent procedures with respect to Perry’s pardon.


14 posted on 06/05/2024 12:55:28 PM PDT by LastDayz (A blunt and brazen Texan. I will not be assimilated.)
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To: libstripper

Sounds like a Separation of Powers issue. If the Prosecutor doesn’t understand that, he should be cited by the Courts and/or removed from office by the Governor.


15 posted on 06/05/2024 2:18:29 PM PDT by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: Reno89519

Should not only shut it down, but sanction him, fine him, require refresher law courses and refer him to the bar for ethics violations.


16 posted on 06/05/2024 2:43:14 PM PDT by RetiredTexasVet (We used to be a Republic, we are now a Fascist Klepto-Thugocracy.)
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