On-Topic Tex Gov. Perry Indicted on Felony Counts

[Vitamin]

It focused on things of value -- material value, specifically as in material things that belong to the state.

I had wondered if that's what you were thinking but wanted to hear it from you.

In this case the thing of value would be the money Perry withheld, and the veto is the means.

 

[hotatlboi]

Not a bullshit indictment from a Democratic DA, aimed at the sitting Republican Governor of the State of Texas. That pretty much shows you are not very well informed of what goes on in Austin.

The rest of that is some bullshit I have no idea what you're referencing. People are presumed guilty back here in real life all the damn time, and there is no way the DA of Travis county would go after Perry unless she was pretty damn confident about it.

I'm not denying that people are sometimes presumed guilty by juries. That's a bias that must be carefully guarded against. But you flat out stated matter of factly that there would have been no indictment unless a violation of the law had occurred which is a complete abandonment of justice just to label someone you disagree with as guilty.

This indictment is trash, we'll see that in due course (already starting to).

 

[Benvolio]

Do not confuse a grand jury with a trial jury. Typically, the grand jury hears only the prosecutor and the evidence she presents, and almost always does what she requests. They do have authority to call witnesses but usually only considers what they are given. They do not determine guilt or innocence. They determine whether probable cause exists.

 

[TX-Beau]

I'm not denying that people are sometimes presumed guilty by juries. That's a bias that must be carefully guarded against. But you flat out stated matter of factly that there would have been no indictment unless a violation of the law had occurred which is a complete abandonment of justice just to label someone you disagree with as guilty.

Oh come on, you married yourself to this silly idea that the DA in Travis county was mistaken about the law in her own damn jurisdiction and her indictment is "trash." Or are you with Ben in saying that she ended her career by making a bogus (and illegal) indictment of a Lame Duck Texas Governor out of what, spite? Fact is you know absofuckinglutly nothing about her case other than the little that's been on the news. Trial, if it happens is probably at least a year away and I doubt she's calling you with the specifics so I'll just keep thinking you're out of the loop.

I REPEAT she wouldn't have done this without ironclad backup, and YES Perry attempted to coerce an elected official WHICH IS NOT IN QUESTION, and leaving your august legal scholarship aside, YES that is in fact a crime (at least down here perhaps Georgia laws are more forgioving.)

This indictment is trash, we'll see that in due course (already starting to).

DO tell.

 

[opinterph]

Typically, the grand jury … determine whether probable cause exists.

The standard for indictment varies by state. In the State of Texas ALL felony indictments must originate from a grand jury. Best I can tell, the standard in Texas is “probable cause;” however, having not found that precise language (including a cursory review of Texas Statutes - Title 1: CODE OF CRIMINAL PROCEDURE) I suppose my conclusion may involve an intuitive assumption. The University of Texas at Austin explains a felony indictment as an indication that the grand jury concludes that an accusation “merits a trial.”

In other states, the standard for indictment by a grand jury indicates that “when all the evidence taken together, if unexplained or uncontradicted, would warrant a conviction of the defendant.” [Encyclopedia.com]

… perhaps Georgia laws are more forgioving.)

In the State of Georgia, probable cause is initially established in a preliminary hearing before a magistrate court. The defendant in a capital felony[SUP]*[/SUP] accusation is then bound over to a grand jury for indictment. The grand jury makes their determination based upon probable cause.

[SUP]*[/SUP](Capital crimes in Georgia include offenses such as murder, rape, or armed robbery that are punishable by long prison sentences. Other felony crimes may also be presented to a grand jury for indictment.)

[Georgia Legal Aid]​

 

[Benvolio]

Yes, "merits a trial" is functionally the same as probable cause.

 

[hotatlboi]

Oh come on, you married yourself to this silly idea that the DA in Travis county was mistaken about the law in her own damn jurisdiction and her indictment is "trash." Or are you with Ben in saying that she ended her career by making a bogus (and illegal) indictment of a Lame Duck Texas Governor out of what, spite? Fact is you know absofuckinglutly nothing about her case other than the little that's been on the news. Trial, if it happens is probably at least a year away and I doubt she's calling you with the specifics so I'll just keep thinking you're out of the loop.

I REPEAT she wouldn't have done this without ironclad backup, and YES Perry attempted to coerce an elected official WHICH IS NOT IN QUESTION, and leaving your august legal scholarship aside, YES that is in fact a crime (at least down here perhaps Georgia laws are more forgioving.)

DO tell.

Clearly you've already decided that he's guilty regardless of the facts, so anything I say will be pointless.

 

[chrisrobin]

.
http://news.msn.com/us/indicted-tex...self-in-for-fingerprints-photo?ocid=ansnews11

Indicted Texas Governor Perry to turn himself in for fingerprints, photo

AUSTIN, Texas, Aug 19 (Reuters) - Texas Governor Rick Perry plans to turn himself in to authorities for fingerprinting and a mug shot on Tuesday after he was indicted by a jury in the state last week on two felony charges of abusing power, local news reports said.

But...what does it mean?

Will Gov. Perry be wearing his glasses for the mug shot?

 

[TX-Beau]

Better question, will he be sober for the mug shot.

- - - Updated - - -

Clearly you've already decided that he's guilty regardless of the facts, so anything I say will be pointless.

One wonders therefore, why you bothered to comment.

 

[TX-Beau]

The plot thickens...

...The PIU had been investigating the Cancer Research and Prevention Institute (CPRIT), a $3 billion dollar taxpayer funded project... The entire scientific review team, including Nobel Laureate scientists, resigned because they said millions were handed out through political favoritism. Investigations by Texas newspapers indicated much of the money was ending up in projects proposed by campaign donors and supporters of Governor Perry. In fact, one of the executives of CPRIT was indicted in the PIU investigation for awarding an $11 million dollar grant to a company without the proposal undergoing any type of review.

...The same cronyism appeared to be at work in two other large taxpayer accounts called the Emerging Technology Fund (ETF), and the Texas Enterprise Fund, (TEF).. In total, the governor and his appointees had purview over about $19 billion and where they wanted it invested.

...If Perry were able to get Lehmberg to resign, he'd have the authority to appoint her replacement. We can assume that would have been a Republican, and that any investigations might have stuttered to a halt.

Of course if true, this puts a whole new spin on the entire affair.

- - - Updated - - -

oops

http://www.huffingtonpost.com/jim-moore/why-rick-perry-will-be-co_b_5686664.html

 

[TX-Beau]

Oh yeah, Oh Beeennnn!

Of course, he will also continue his argument this is another manifestation of partisan politics in Austin. That claim is as misleading as his veto rhetoric. There wasn't a single Democrat involved in the investigation and indictment. In fact, Perry appointed the presiding judge in the case, Billy Ray Stubblefield of the 3rd Judicial District. Stubblefield named retired Judge Bert Richardson of Bexar County (San Antonio) to handle the grand jury investigation, and Richardson picked Mike McCrum to be the special prosecutor in the case. McCrum, who withdrew his name from consideration for U.S. Attorney for the Western District of Texas, had the support of the two Republican Texas U.S. Senators and the state's Democratic officeholders, which hardly makes him a Democratic Party hack. (A Washington gridlock over the confirmation process in the U.S. Senate caused him to withdraw.)

(emphasis mine)

Same Source

 

[Benvolio]

The democrat Huffington Post linked in the OP said that District Attorney Lehmberg is a democrat, and, yes, the DA was involved in the investigation and indictment.

 

[rareboy]

Whatever. The good news is that this village idiot won't be able to run at the mouth and take up air during the 2016 race to redecorate the Oval Office.

 

[MoufOfKhaos]

One wonders therefore, why you bothered to comment.

Maybe because someone needs to have sense enough not to be like the people you so claim to despise.

 

[TX-Beau]

Maybe because someone needs to have sense enough not to be like the people you so claim to despise.

So he's making null comments because he has sense enough not to be like the people I so claim to despise?

What does the even mean?

Who am I "claiming to despise," and what does that have to do with anything at all?

 

[Kulindahr]

I had wondered if that's what you were thinking but wanted to hear it from you.

In this case the thing of value would be the money Perry withheld, and the veto is the means.

That's pretty sketchy.

 

[Kulindahr]

... YES Perry attempted to coerce an elected official WHICH IS NOT IN QUESTION....

The only question is whether the statute covers that.

 

[Kulindahr]

Yes, "merits a trial" is functionally the same as probable cause.

From the jury instructions I recall here, it's a bit more than probable cause, involving also whether the GJ thinks there's enough evidence to go forward.

 

[Kulindahr]

You cannot honestly believe this is not a democrat scheme.

Oh yeah, Oh Beeennnn!

There wasn't a single Democrat involved in the investigation and indictment. In fact, Perry appointed the presiding judge in the case....

Same Source

You beat me to it.

 

[Kulindahr]

Whatever. The good news is that this village idiot won't be able to run at the mouth and take up air during the 2016 race to redecorate the Oval Office.

Don't count on it. If he's not convicted, he will be a hero to the GOP base.