That's just not the way to use the criminal justice [system]. Major newspapers including The New York Times "appears to be the product of an overzealous prosecution" , The Los Angeles Times "the courts are the wrong place to settle political scores" , The Washington Post "The grand jury, however, would criminalize Mr.
Constitution and cited the Texas Courts of Appeals 's case State v. Hansen as support for the First Amendment protection of Perry, where the court stated, "Coercion of a lawful act by a threat of lawful action is protected free expression".
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Other news reports, however, have highlighted the fact that that additional district attorneys in Texas, who were Republican, had also been charged with DUI's during his governorship and against whom Perry took no similar action as he directed against the Democrat, Lehmberg, of Travis county.
On August 19, , Perry arrived at the Travis County jail where he was processed, photographed for his mug shot , finger printed , and released. Perry's lawyers stated that Perry has "no more has custody or possession of the State's general revenue funds than does any Texan. No governor can say of his or her state what the Sun King said of France: "L'etat c'est moi. On October 3, , Perry's lawyers filed another motion to have the charges dismissed, arguing that Lehmberg did not file a motion to have herself recused from the case and there was never an order from a judge recusing her from the case, contrary to the requirements of Texas state law.
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On January 28, , District Judge Bert Richardson of San Antonio again ruled that Perry's motion to quash and dismiss the indictment "does not challenge the sufficiency of the indictment. On February 13, , special prosecutors Mike McCrum and David Gonzalez, amended the indictment to fill out their argument that Perry's action was illegal. The Third Court of Appeals considered an interlocutory appeal of a decision by the trial judge to not throw out the case.
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. 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.
On this question, the court said: "The nature of the constitutional right at issue entitles him to raise these claims by pretrial habeas corpus. According to the U. Supreme Court , the U. Congress cannot limit the veto power of the U.
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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. This dismissal ended the abuse-of-power accusations that had detrimentally affected Perry's unsuccessful campaign for president in From Wikipedia, the free encyclopedia. Texas Tribune. Austin, Texas. Retrieved February 25, Retrieved August 17, Retrieved July 24, The 3rd Court of Appeals in Austin specifically found a problem with a count alleging that Perry coerced a public servant when he threatened to veto state funding for a unit of the Travis County district attorney's office.
Rick Perry indicted for alleged abuse of power in veto dispute".
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Retrieved August 20, Atlanta , Georgia. Retrieved July 26, Progress Texas. Retrieved August 22, Houston Chronicle. Retrieved August 21, Bloomberg News.
Los Angeles Times. Rick Perry booked on two felony counts".
El Paso Times. Retrieved 21 August The Texas Tribune.
Having advanced tough-on-crime policies in almost every legislative session since the end of the civil rights era, Texas by the turn of the century had pioneered a conservative counterrevolution in criminal justice, playing a key role in constructing the biggest prison system in the history of democracy. When vertiginous growth and administrative neglect incubated systematic sexual abuse in juvenile lockups managed by the Texas Youth Commission, Perry signed legislation to overhaul the agency and divert some child offenders to county-based programs.
When DNA testing uncovered more wrongful convictions in Texas than in any other state, the governor approved new standards for crime labs and compensation for the exonerated. When unfettered police powers facilitated a notoriously racist drug-sweep in the small town of Tulia, Governor Perry belatedly pardoned 35 of the railroaded defendants. Four years later, as a result of the reforms, the projected demand for 17, new prison beds has yet to materialize, and Texas has been able to close a prison rather than open new ones.
This is a historic turn, but advocates on the ground credit the statehouse rather than the governor. When Governor Perry has exercised personal leadership on criminal justice issues, the results have sometimes been troubling. In , when a budget crunch made clear that lawmakers had for years been serving red meat to their constituents without plans to pay the bills, Perry initially tried to slash his way into the black, cutting drug treatment and education programs and setting a caloric ceiling on inmate meals. Only when this proved insufficient did he come around to softer but more substantial money-saving solutions, like probation diversion and, eventually, sentencing mitigation.
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During the current downturn, Perry similarly reached first for the ax. In the name of cost-cutting, Perry most consistently returns to the shibboleth of privatization. In , the governor promised huge savings from privatizing state jails, which house convicts with short sentences.