I knew if I waited someone else would do the hard work of researching and analyzing the bogus allegations against Texas Governor Rick Perry. Hard work pays off eventually, but laziness pays off right away.
The idea of indicting a governor for exercising his veto power, unless he was bribed to do so, is so utterly ridiculous it’s tough to know where to start. As Perry said in his statement, he has authority under the Texas Constitution to exercise a veto power. A special prosecutor (especially one Obama considered for a U.S. Attorney job, but whose nomination fell victim to politics and a slow confirmation process) might not like Perry’s reason for the veto. But that doesn’t make it a crime.
Applying a statute directed at a public official’s misuse of government funds to a veto of public funds is even more bizarre. Under such a theory, once the Legislature appropriates funds, then they are “held” by the Governor, and if he vetoes their appropriation (and does so with an “intent to harm” the people who were supposed to get the money), that is a “misuse” of public funds — a first degree felony that could send him to state prison, theoretically for the rest of his life. (The punishment would be determined by a left-leaning Travis County jury.) What is the authority for treating public appropriations as property held by the governor? I am aware of none and would be shocked if the statute were interpreted that way.
Which is a long way of saying: issuing a veto is not a felony.
You’ll have to travel far and wide to find a lefty hack so soulless and partisan that they would support this. Even Think Progress seems dubious, for God’s sake.
Words truly fail to describe what an outrageous and unsupportable abuse of prosecutorial power this is. The special prosecutor, Michael McCrum, has no business being given prosecutorial authority — and the fact that Obama considered him for a U.S. Attorney position should deeply frighten anyone who cares about the integrity of the criminal justice system.
That was just the conclusion. There is a whole bunch more where he analyzes the indictment, the statutes allegedly violated, as well as the relevant Texas statutes and case law. Here is a money quote:
The Court said — and this quote is very, very important, so pay attention here: “Coercion of a lawful act by a threat of lawful action is protected free expression.”
You should all go read it. It doesn’t have a bunch of legal jargon and was written for non-lawyers. Patterico has day job as a SoCal prosecutor, so he knows his shit and he’s a good writer.
A few years ago I would have told you bookmark his post so you could easily refer to it when arguing with Vile Progs and other Leftists, but I have since realized that arguing with those idiots is futile because Koolaid is a helluva drug.