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I've really heard it all now. The GOP Tea Party thinks it's perfectly fine for their "golden boy" from Texas to abuse his power and use coercion to force an elected official in Texas to resign from office or he would withhold funds.
Rick Perry publicly stated: "I don’t think the citizens of Texas can trust you with $7.5 million dollars, so I am not going to give you $7.5 million dollars of Texans money. You resign, and we will pass the money to the office, but its not going to be given to you for your stewardship."
Where I come from, we call that blackmail.
Facts:
-- Rick Perry has been known to toss back a few himself (see link and you be the judge). If people under the influence of alcohol or drugs deserve to be coerced into resignation or have their funding cut off, then Rick qualifies for that honor himself.
-- "Lehmberg is a Democrat, and if she stepped down, Rick Perry would be the one to appoint a replacement. Moreover, the Travis County DA—as the prosecutor in the state’s capital—has special responsibilities over a variety of statewide legal issues. Foremost among these powers is the DA’s control of the Public Integrity Unit, which investigates the ethical breaches of state politicians, among a number of other charges."
-- "The Public Integrity Unit might be the most important office in state government run by a Democrat. Gov. Perry has been in office for 14 years—every nook and cranny of state government is filled with his appointees. The Public Integrity Unit is the rare piece that he doesn’t control. In 2005, the work of the Public Integrity Unit led to the indictment of former U.S. House Majority Leader Tom DeLay. So naturally, for years, Republicans in the state have tried to strip that power from the Travis County DA and fold it into Attorney General Greg Abbott’s office. What’s more, the Public Integrity Unit was in the process of conducting an investigation of the Cancer Prevention and Research Institute of Texas. CPRIT received a ton of money from the Legislature to award grants to high-level medical research projects. The problem: a lot of that money was going to people who shouldn’t have gotten it. And some of those folks had close ties to Perry. Just a few months ago, Lehmberg’s office indicted CPRIT’s former director over his allegedly improper disbursement of an $11 million grant. But when Lehmberg got pulled over with the potato juice in her car last spring, the investigation was just underway. When Lehmberg’s DWI went public, Republicans saw a way to get rid of a pesky, entrenched foe. (Though they couched this in terms of their deep, abiding concern for the office’s integrity.) Meanwhile, Democrats who would have happily seen Lehmberg canned if the Travis County Commissioners Court could have appointed her replacement [rather than a Rick Perry appointment] rallied around Lehmberg as if she was the last warrior for righteousness on Earth."
"Couldn’t this whole fight have been really easily avoided if Perry had offered to appoint another Democrat to replace Lehmberg, or ask Travis County to nominate possible successors? Sure. But Perry really wanted his own person there. We even know, according to some media reports, who it would have been: former Republican state Rep. Terry Keel, someone with excellent ties to the state GOP’s political apparatus."
http://www.texasobserver.org/everything-wanted-know-rick-perrys-new-scandal/
The law in Texas is: Texas Penal Code § 36.03:
A person commits an offense if by means of coercion he … influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty ….
Texas Penal Code § 1.07 in turn defines “coercion” to mean,
a threat, however communicated:
(A) to commit an offense;
(B) to inflict bodily injury in the future on the person threatened or another;
(C) to accuse a person of any offense;
(D) to expose a person to hatred, contempt, or ridicule;
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.
Sorry Pubs, there's a lot more to it than you thought, but then again, you guys are not particularly known for getting the facts correct.
;Ax tweeted:
Unless he was demonstrably trying to scrap the ethics unit for other than his stated reason, Perry indictment seems pretty sketchy.
What that DA did was really, really bad. There's just no excuse whatsoever for that at all. The event in question occurred on April 12, 2013 (first offense). By one week later on April 19, the DA had apologized, plead guilty, and immediately began serving her sentence.
Here's the tricky part for Rick Perry: His indictment is about his actions, not hers. He wanted her out of office for political reasons. He line item vetoed an appropriation by the state legislature to fund the Travis County Public Integrity Unit of the DA's office. Perry said he vetoed the funding for the anti-corruption unit because the drunk driving charges proved that Lehmberg was unfit for office—while others viewed the governor’s actions as an attempt to stymie and defund an investigation of many of Perry’s closest political associates.
Perry, through intermediaries, said he would not veto the funds if Lehmberg resigned. She said she would not seek relection, but she would not resign because her resigning would allow Perry to appoint her successor. After the veto was already made, Perry then offered to RESTORE the funding if Lehmberg would resign from office. That's using taxpayers' money that was already approved by taxpayers' representatives to get an elected official to leave office. It doesn't matter if she deserved it or not, it's not legal to blackmail her resignation for funding or gut her office. It's not an office of one. His veto gutted the Public Integrity Unit from an office of 45 to around 15. His actions affected a lot of people besides the DA. "Sources close to the investigation say that the Travis County grand jury, which indicted Perry, heard testimony from at least four of Perry’s senior aides. They allegedly described to the grand jury Perry’s strategy to remove Lehmberg. Two other people testified in detail about how they had served as intermediaries in an effort to convince Lehmberg to leave."
For those interested, here's the actual indictment:
https://lintvkxan.files.wordpress.com/2014/08/rick-perry-indictment.pdf
BTW, I read the Local Government Code, Title 3, Subtitle B, Chapter 87 sections you cited. Not sure what your point is. Regardless of the speed with which a person reads those sections, they describe county officers subject to removal by a district judge. Rick Perry is not a district judge with the authority to remove anyone from office.
As I said, his trial will focus on his actions, not hers, and his attempts to remove her from office through coercion and replace her with someone else of his choosing is the issue here, not whether or not she deserved punishment or whether or not her office deserved to be denied the taxpayers' funding because she wouldn't take his offer and resign after the veto.
The facts will play out in court. If he's innocent, may he walk free and enjoy a happy retirement. I don't think this will change his chances in a presidential run at all. IMO, Perry wasn't going to be the Republican nominee anyway.