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Old 08-16-2014, 07:04 PM
 
Location: Tulare County, Ca
1,570 posts, read 1,379,279 times
Reputation: 3225

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The Twitter folk are having a ball with this. They hope it stays as front page news for a long time. Example of the fun: "I'm not as think as you drunk I am." check out hashtags:

#IStumbleWithRosemaryLehmberg and #CallGreg

Does Rosemary realize she is now the national joke? This was not a wise move on the part of Travis County.
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Old 08-16-2014, 08:42 PM
 
12,270 posts, read 11,327,541 times
Reputation: 8066
Quote:
Originally Posted by Tilt11 View Post
Could be. Even Axlerod seems to think so. But technically they could move forward with it. But id think moving forward with it would make the ones pursuing it look bad imo. I'd be surprised if most Texans dont agree with what Perry did here. I could be wrong I guess
Axlerod knows so, because this is lawfare, and if the Democrats want to use it to derail promising Republican candidates there is no reason the Republicans shouldn't do it to. Texans should start with Julian Castro, the three term mayor of San Antonio being groomed to run for the vice-presidential slot with Hillary. Make something up, who cares what it is, the Democrats don't.
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Old 08-16-2014, 08:44 PM
 
Location: Texas
14,975 posts, read 16,457,651 times
Reputation: 4586
Quote:
Originally Posted by Dockside View Post
Axlerod knows so, because this is lawfare, and if the Democrats want to use it to derail promising Republican candidates there is no reason the Republicans shouldn't do it to. Texans should start with Julian Castro, the three term mayor of San Antonio being groomed to run for the vice-presidential slot with Hillary. Make something up, who cares what it is, the Democrats don't.
Except the media would never let Republicans get away with this.
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Old 08-16-2014, 08:54 PM
 
11,768 posts, read 10,260,372 times
Reputation: 3444
Quote:
Originally Posted by greywar View Post

But this has been debated in other threads. Lets stick to Mr perry here shall we? You remember? The topic before you tried to deflect it to be about Obama?
Back to Perry, here are the statutes he is charged with. This case looks weak...

Texas Penal Code - Section 39.02. Abuse Of Official Capacity - Texas Attorney Resources - Texas Laws

§ 39.02. ABUSE OF OFFICIAL CAPACITY.
(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.

TEX PE. CODE ANN. § 36.03 : Texas Statutes - Section 36.03: COERCION OF PUBLIC SERVANT OR VOTER

§ 36.03 : COERCION OF PUBLIC SERVANT OR VOTER
a) A person commits an offense if by means of coercion he:
(1) 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; or

(2) influences or attempts to influence a voter not to vote or to vote in a particular manner.

(b) An offense under this section is a Class A misdemeanor unless the coercion is a threat to commit a felony, in which event it is a felony of the third degree.

(c) It is an exception to the application of Subsection (a)(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body. For the purposes of this subsection, the term "official action" includes deliberations by the governing body of a governmental entity.
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Old 08-16-2014, 09:01 PM
 
34,278 posts, read 19,365,659 times
Reputation: 17261
Quote:
Originally Posted by lycos679 View Post
Back to Perry, here are the statutes he is charged with. This case looks weak...

Texas Penal Code - Section 39.02. Abuse Of Official Capacity - Texas Attorney Resources - Texas Laws

§ 39.02. ABUSE OF OFFICIAL CAPACITY.
(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.

TEX PE. CODE ANN. § 36.03 : Texas Statutes - Section 36.03: COERCION OF PUBLIC SERVANT OR VOTER

§ 36.03 : COERCION OF PUBLIC SERVANT OR VOTER
a) A person commits an offense if by means of coercion he:
(1) 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; or

(2) influences or attempts to influence a voter not to vote or to vote in a particular manner.

(b) An offense under this section is a Class A misdemeanor unless the coercion is a threat to commit a felony, in which event it is a felony of the third degree.

(c) It is an exception to the application of Subsection (a)(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body. For the purposes of this subsection, the term "official action" includes deliberations by the governing body of a governmental entity.
Actually those seem to me to indicate a pretty clear crime. You should read the complaint that was filed, it lays this all out very clearly.

http://www.cnn.com/2014/images/08/15...indictment.pdf

As I have said prior, I think he wanted the right thing-but he went about it illegally.
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Old 08-16-2014, 09:02 PM
 
11,768 posts, read 10,260,372 times
Reputation: 3444
Quote:
Originally Posted by greywar View Post
Actually those seem to me to indicate a pretty clear crime. You should read the complaint that was filed, it lays this all out very clearly.

http://www.cnn.com/2014/images/08/15...indictment.pdf

As I have said prior, I think he wanted the right thing-but he went about it illegally.
Thanks for that. I tried looking for it, but couldn't find it.

It still looks weak to me, but maybe that's just how I'm reading it.
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Old 08-16-2014, 09:11 PM
 
34,278 posts, read 19,365,659 times
Reputation: 17261
Quote:
Originally Posted by lycos679 View Post
Thanks for that. I tried looking for it, but couldn't find it.

It still looks weak to me, but maybe that's just how I'm reading it.
Id say its a tossup. A good prosecutor could make it stick I think, but since Perry's going to have excellent representation it makes it far more challenging.

Fun fact-both the prosecuting attorney, and the judge who did the indictment are Republicans. I wonder if that was intentional or random?
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Old 08-16-2014, 09:12 PM
 
Location: Texas
14,975 posts, read 16,457,651 times
Reputation: 4586
Quote:
Originally Posted by lycos679 View Post
Thanks for that. I tried looking for it, but couldn't find it.

It still looks weak to me, but maybe that's just how I'm reading it.
Exactly. Her choosing whether or not to stay in office really isn't an "official duty"; that would be her prosecuting or not prosecuting someone.

The misuse of property thing is just BS. It might be a tad more valid if he had actually vetoed the funding, but eve then it would be a huge stretch IMO.
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Old 08-16-2014, 09:15 PM
 
11,768 posts, read 10,260,372 times
Reputation: 3444
Quote:
Originally Posted by greywar View Post
Id say its a tossup. A good prosecutor could make it stick I think, but since Perry's going to have excellent representation it makes it far more challenging.

Fun fact-both the prosecuting attorney, and the judge who did the indictment are Republicans. I wonder if that was intentional or random?
Maybe Perry beat them in a game of golf once.
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Old 08-16-2014, 09:20 PM
 
34,278 posts, read 19,365,659 times
Reputation: 17261
Quote:
Originally Posted by afoigrokerkok View Post
Exactly. Her choosing whether or not to stay in office really isn't an "official duty"; that would be her prosecuting or not prosecuting someone.

The misuse of property thing is just BS.
The ability to carry out her duties is a duty. I think he is in fact guilty of this one, but it takes the other one to bring it up to a felony. And that ones too vaguely worded. Thus, if he is found guilty it will be a misdemeanor. And....I kinda think he is guilty of that.
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