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Saturday, August 16, 2014

The Rick Perry Indictment

Texas Governor Rick Perry came out today at a press conference in Austin and defiantly reacted to his indictment by a Travis County grand jury on two counts of abuse of office (whatever that is), charges that could send him to prison for 109 years!

And well he should. Unless there is more to the story, this looks like the biggest abuse of prosecutorial power in memory.

The facts we know are these: Travis County DA Rosemary Lehmberg, a Democrat, was arrested last year for driving under the influence of alcohol with a blood-alcohol content almost three times the legal limit. While in custody, she became out of control and had to be placed in restraints. She has since pleaded guilty to  the charge and was sentenced to 45 days in jail. Governor Perry asked her to resign, which she refused to do, so the governor vetoed funding for the investigative unit she heads up.

For that, he has been indicted.

Here is some video of Lehmberg's arrest last year.









I am one who always supports the prosecution of politicians when they are guilty of corruption. However, there is something dreadfully wrong when we start criminalizing political actions like vetoing bills and funding especially when the head of the DA's office spearheading the indictment is at the center of the storm. If anybody is guilty of an abuse of power it is this runaway grand jury and the prosecutors who directed this case to them.

Unless there is something else we don't know here, I would expect and hope that as soon as this goes to a hearing before a judge, this case will be quickly dismissed in the interests of justice. In addition, whoever was responsible for bringing this action needs to be investigated. We can start with Rosemary Lehmberg.

4 comments:

Siarlys Jenkins said...

Grand juries are our protection against prosecutorial over-reach Gary. If the grand jury found some smoke, there must be a fire.

Or, are you one of those who believes a prosecutor could get a grand jury to indict a ham sandwich?

I am. Yes, this really doesn't hang together. But it just goes to show, a prosecutor really can get a grand jury to indict a ham sandwich. Think of how much abuse occurs against people not so well connected as Perry.

Miggie said...

Grand jury indictments are a joke because the accused does not have any legal representation. The prosecutor can present whatever evidence he wants and, as far as I know, exclude exculpatory evidence....which can't be done at trial.

Perry has the legal authority to veto funding as he sees fit. Obviously there is a political connection here but still that is his right and part of his job. This lady is not a sympathetic character and I doubt if the citizens want her to remain in that position.

Siarlys Jenkins said...

OK elwood, NOW I'm agreeing with Miggie.

And Gary... Lemburger is an embarrassment, and this is just going to blow up with more egg on her face. What a fool she is.

About 7 years ago we had an attorney general up this way pulled over for DUI. She did not throw a lot of hystrionics. She was cooperative, deeply embarrassed, pled guilty as quickly as possible, apologized, and returned something like ten days pay to the state treasury. She did run for re-election, but lost the primary, for obvious reasons.

Siarlys Jenkins said...

I've since read a remark that Perry may be no brighter than a ham sandwich, but he's no more guilty than one, either.