So ruled the trial judge today. Despite spending over 1 million in campaign funds to pay his lawyers for briefs seeking to dismiss the indictment, Gov “I’d do it again” Perry got little for his money. As predicted, Perry’s lawyers, the pundits, and the all star team of lawyers who filed an amicus brief - were dead wrong that the indictment could be dismissed on its face, or as applied to Perry.
Turned out those “executive powers” were not as "absolute" as some believed. Of course, the Republican trial judge is not the final word and Perry’s lawyers vowed that they would immediately appeal. But this places presidential hopeful Perry in a terrible position. If an appeal is filed now, and the judgment is affirmed, Perry will end up in a felony trial about the time the GOP debates get started. Further, an appeal prior to trial is not going to work. The law does not allow an “as applied” challenge to an indictment before trial. You have to wait until the Special Prosecutor’s evidence is revealed at trial to see if there is anything unconstitutional. Perry is now a unemployed private citizen who is under felony indictment and who faces millions more in legal fees that he plans to pay from campaign contributions. Who wants to donate to him? We still don’t know what the evidence against Perry will be, so it is impossible to make any judgment as to the likelihood of a conviction. We do know it convinced the gran jury. But Perry won’t be smirking at the camera anymore. He could go to jail. Will he still run for president while under indictment, or – to quote Jack last summer– is it “already over?” Maybe the clueless Board righties should take these "political indictments" more seriously LOL. Gov Perry has gone down – and deservedly so...pending an appeal before the TX Crim. Ct. of App.
Perry's attorneys argued that the “Texas Constitution imposes no limits on the governor’s right and duty to veto; he exercises unbounded discretion in exercising his veto power, subject only to the Legislature’s right to override that veto.”
dncphil's two cent opinion agreed with Perry's million dollar lawyers:
"The gist of the allegation against Perry is that he should not have threatened to veto the proposed legislation. Everyone - even the prosecution - recognizes that a governor (and President) has an absolute right too veto a law for any (or NO) reason. An exec does not even have to give a reason."
http://theeroticreview.com/discussion_boards/viewmsg.asp?MessageID=240619&boardID=39&page=1
Perry should have hired phil - he could have saved a million dollars and gotten the same wrong advocacy.
Unfortunately, marikod, in your haste to pat yourself on the back, you ejaculated your post prematurely. This subject is in another thread which is still on the first page of this board. This thread will disappear because cowardly righties will run to TER to report it in order to save themselves embarrassment. But you can put it up again tomorrow since the other thread will be on Page 2 by then.
-- Modified on 1/27/2015 6:48:15 PM