On-Topic Tex Gov. Perry Indicted on Felony Counts

[TickTockMan]

I hope he still runs for president. He is good for a laugh.

 

[hotatlboi]

What a shock, Ben pulls pointless partisan bullshit out of his ass!!!

As much as it pains me to say this lol, Benvolio is right.

If you dig a little deeper on this, its very clear this indictment is trash.

It will likely be thrown out and he will definitely never see the inside of a court room on this.

Playing politics is not illegal when you are the head politician in the state.

The Texas Constitution allows the governor to veto anything he wants.

 

[Benvolio]

The democrat comments on this forum demonstrate how the democrats are out to get him, by hook or by crook.

 

[rareboy]

I'll see what happens before I jump for joy at this.

this. the guy seems to have horseshoes up his ass.

 

[rareboy]

The democrat comments on this forum demonstrate how the democrats are out to get him, by hook or by crook.

How naif you can be some days. This is orchestrated as much by the GOP as anyone. His would be rivals for 2016 are going to neutralize him before he becomes any kind of credible contestant.

As for Democrats being out to get him? Why the hell not? He's made it clear that he would go to any lengths to get rid of a Democrat.

And by hook or by crook? Well, it appears that they are getting by crook.

 

[White Eagle]

I'm always a day late and a dollar short. I didn't hear about this til this AM. But YYYaaaaaaaaaaaaa.
And Benvolio? PPPBBBBBBTTTTT. That's supposed to be a raspberry, Chrisrobin, got one on file?

 

[Benvolio]

Since the veto is a power vested in the Governor by the Texas Constitution, the democrats attempt to criminalize its exercise it is unconstitutional.

 

[chrisrobin]

Since the veto is a power vested in the Governor by the Texas Constitution, the democrats attempt to criminalize its exercise it is unconstitutional.

So is the one the Boner would like to use against the President. DOUBLE STANDARD ALERT!

 

[cityboy-stl]

Since the veto is a power vested in the Governor by the Texas Constitution, the democrats attempt to criminalize its exercise it is unconstitutional.

Look. You know as well as I do that the indictment stems from his threat to veto, and the subsequent fulfillment of that threat, as leverage to force someone he did not like into resigning. That is not a constitutional use of power. A statewide public agency was denied funding because its director did not kow-tow to Perry's wishes. That comes pretty close to extortion in my mind. You also know as well as I do that if a democratic governor had done the exact same thing you would be cheering on the prosecutor and calling for the governors head.

That being said, I don't think there is enough here for the indictment to really go anywhere and is probably a big waste of time.

 

[Benvolio]

Look. You know as well as I do that the indictment stems from his threat to veto, and the subsequent fulfillment of that threat, as leverage to force someone he did not like into resigning. That is not a constitutional use of power. A statewide public agency was denied funding because its director did not kow-tow to Perry's wishes. That comes pretty close to extortion in my mind. You also know as well as I do that if a democratic governor had done the exact same thing you would be cheering on the prosecutor and calling for the governors head.

That being said, I don't think there is enough here for the indictment to really go anywhere and is probably a big waste of time.

Not the same. Boehner's suit, as I understand it, arises from Obamas failure to execute the law as required by the constitution. The veto is discretionary, execution of the law is his duty.

 

[jdcnow]

Look. You know as well as I do that the indictment stems from his threat to veto, and the subsequent fulfillment of that threat, as leverage to force someone he did not like into resigning. That is not a constitutional use of power. A statewide public agency was denied funding because its director did not kow-tow to Perry's wishes. That comes pretty close to extortion in my mind. You also know add well as I do that if a democratic governor had done the exact same thing you would be cheering on the prosecutor and calling for the governors head.

Exactly. If I run a place of business, and I ask you to clean the restrooms everyday as a business decision, on behalf of the business, that's one thing. But if i ask you to clean said restrooms because I don't like you, and to get back at you, that's where I'm in the wrong. Same thing here. Did he use his lawful veto power with an unlawful intent - to get back at a political opponent he didn't like? That's what's being investigated here.

 

[sonny10305]

Oops

 

[Benvolio]

Exactly. If I run a place of business, and I ask you to clean the restrooms everyday as a business decision, on behalf of the business, that's one thing. But if i ask you to clean said restrooms because I don't like you, and to get back at you, that's where I'm in the wrong. Same thing here. Did he use his lawful veto power with an unlawful intent - to get back at a political opponent he didn't like? That's what's being investigated here.

No the Constitition makes no such distinction. It gives him the power an you are trying to change the constitution with your personal opinion. Is every Texas politician going to be prosecuted because he voted or failed to vote to get back at a political opponent? Can you seriously doubt that the prosecution itself is for an bad intent?

 

[cityboy-stl]

Look. You know as well as I do that the indictment stems from his threat to veto, and the subsequent fulfillment of that threat, as leverage to force someone he did not like into resigning. That is not a constitutional use of power. A statewide public agency was denied funding because its director did not kow-tow to Perry's wishes. That comes pretty close to extortion in my mind. You also know as well as I do that if a democratic governor had done the exact same thing you would be cheering on the prosecutor and calling for the governors head.

That being said, I don't think there is enough here for the indictment to really go anywhere and is probably a big waste of time.

Not the same. Boehner's suit, as I understand it, arises from Obamas failure to execute the law as required by the constitution. The veto is discretionary, execution of the law is his duty.

WTF are you talking about? I didn't say anything about Boehner.

 

[TX-Beau]

No the Constitition makes no such distinction. It gives him the power an you are trying to change the constitution with your personal opinion. Is every Texas politician going to be prosecuted because he voted or failed to vote to get back at a political opponent? Can you seriously doubt that the prosecution itself is for an bad intent?

So you're an expert on the Texas Constitution now? BTW Perry started out as a Democrat, and would still be one if it was politically expedient. I forgot, you claim to be some kind of bad lawyer.

You defending him is really really really funny.

- - - Updated - - -

WTF are you talking about? I didn't say anything about Boehner.

Ben likes to invent his realities, it spares him the trouble of dealing with inconvenient facts.

 

[Vitamin]

For the record, this is the statue Perry is being charged under.

Texas Penal Code 39.02 – Abuse of Official Capacity
Current as of: 2011 | Check for updates | Other versions
(a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:

(1) violates a law relating to the public servant’s office or employment; or

(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.

(b) An offense under Subsection (a)(1) is a Class A misdemeanor.

(c) An offense under Subsection (a)(2) is:

(1) a Class C misdemeanor if the value of the use of the thing misused is less than $20;

(2) a Class B misdemeanor if the value of the use of the thing misused is $20 or more but less than $500;

(3) a Class A misdemeanor if the value of the use of the thing misused is $500 or more but less than $1,500;

(4) a state jail felony if the value of the use of the thing misused is $1,500 or more but less than $20,000;

(5) a felony of the third degree if the value of the use of the thing misused is $20,000 or more but less than $100,000;

(6) a felony of the second degree if the value of the use of the thing misused is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the value of the use of the thing misused is $200,000 or more.

(d) A discount or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not things of value belonging to the government for purposes of this section due to the administrative difficulty and cost involved in recapturing the discount or award for a governmental entity.

(e) If separate transactions that violate Subsection (a)(2) are conducted pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the use of the things misused in the transactions may be aggregated in determining the classification of the offense.

(f) The value of the use of a thing of value misused under Subsection (a)(2) may not exceed:

(1) the fair market value of the thing at the time of the offense; or

(2) if the fair market value of the thing cannot be ascertained, the cost of replacing the thing within a reasonable time after the offense.

http://www.lawserver.com/law/state/texas/tx-codes/texas_penal_code_39-02

 

[White Eagle]

Look. You know as well as I do that the indictment stems from his threat to veto, and the subsequent fulfillment of that threat, as leverage to force someone he did not like into resigning. That is not a constitutional use of power. A statewide public agency was denied funding because its director did not kow-tow to Perry's wishes. That comes pretty close to extortion in my mind. You also know as well as I do that if a democratic governor had done the exact same thing you would be cheering on the prosecutor and calling for the governors head.

That being said, I don't think there is enough here for the indictment to really go anywhere and is probably a big waste of time.

Thanks, you know more about it than Ben.

 

[hotatlboi]

Look. You know as well as I do that the indictment stems from his threat to veto, and the subsequent fulfillment of that threat, as leverage to force someone he did not like into resigning. That is not a constitutional use of power. A statewide public agency was denied funding because its director did not kow-tow to Perry's wishes. That comes pretty close to extortion in my mind. You also know as well as I do that if a democratic governor had done the exact same thing you would be cheering on the prosecutor and calling for the governors head.

That being said, I don't think there is enough here for the indictment to really go anywhere and is probably a big waste of time.

Hate to break it to you but that's politics as usual for any governor.

Threatening to veto something unless you get your way is not criminal, neither is vetoing something.

The President issues veto threats all the time, no different for a state level executive with an equally strong veto power.

 

[hotatlboi]

So you're an expert on the Texas Constitution now?

I'm sure his reaction to this is just as knee jerk and lacking of reason as most of his posts, but even a broken clock is right twice a day.

 

[Benvolio]

For the record, this is the statue Perry is being charged under.


http://www.lawserver.com/law/state/texas/tx-codes/texas_penal_code_39-02

Constitutions are the supreme law of the state. The legislature cannot enact a valid statute amending or decreasing a power granted by the constitution.