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David Botsford

CCA dismisses remaining charge against Rick Perry

This would appear to be the end of the road.

Corndogs make bad news go down easier

Corndogs for everyone!

The state’s highest criminal court dismissed the remaining indictment against former Gov. Rick Perry on Wednesday morning, apparently ending the case that started with his threat to veto state funding for a local prosecutor if she refused to quit her office.

[…]

A ruling earlier in the year by a state appeals court dismissed one of the two felony charges against Perry: coercion of a public servant. Perry’s lawyers challenged that decision, arguing that the Austin-based 3rd Court of Appeals should have also dismissed the abuse-of-power charge.

And that’s what the Texas Court of Criminal Appeals did on Wednesday. Two of the court’s nine judges dissented in that one ruling, while one abstained.

Tony Buzbee, Perry’s attorney, called the ruling a “long time coming,” and said the case should have never been brought in the first place.

“I said all along this case was foolishness and would be dismissed.”

Michael McCrum, the special prosecutor in the case, called the ruling “horrendous.”

“This is a situation where the Republican court carved out a special ruling to get Perry off the hook. It changes law for past decades and offers no laws for future courts to follow,” he said. “This is, from what I understand, a special ruling tailor-made for Rick Perry.”

Craig McDonald, executive director of Texans for Public Justice, the liberal-leaning watchdog group behind a complaint that led to the indictment, largely echoed that notion.

“A highly partisan court has handed Rick Perry a gift,” he said. “This decision is based on who Perry is rather than what he did.”

You could sort of see this coming when the case was argued last November, but it’s still a bit of a surprise. Clearly, there are limits to how pro-prosecutor this court will be, and Rick Perry joins Tom DeLay in being beneficiaries of that. I don’t feel like spending too much time thinking about it, so I will point you to the Associated Press, the AusChron, Trail Blazers, the Current, and the Press for more.

Perry’s day at the CCA

Now we wait to see if he comes out of this a free man or a man still under one or more indictments.

Corndogs make bad news go down easier

Never mind the corndogs, here comes the CCA

Lawyers for former Gov. Rick Perry fought Wednesday before the highest criminal court in Texas to finish off the 15-month-old indictment against him, while prosecutors argued it was far too early to let Perry off the hook.

At a critical two-hour hearing before the Texas Court of Criminal Appeals, both sides fielded a slew of hypothetical scenarios and skeptical questions as they tackled a ruling by a lower court earlier this year that dismissed one of the two felony charges against Perry, coercion of a public servant.

[…]

Two issues were at play Wednesday. One was whether the remaining charge, abuse of power, should also be thrown out, effectively ending the 15-month-old case against Perry. The other issue was whether a statute should be reinstated that was struck down by the Austin-based 3rd Court of Appeals in July when it dismissed the coercion charge.

Eight judges listened as those issues were aired out in hour-long blocks split between David Botsford, the lead attorney on Perry’s appeal, and State Prosecuting Attorney Lisa McMinn. Judge Bert Richardson, who oversaw Perry’s case as a district judge and now sits on the Court of Criminal Appeals, did not take part in the Wednesday arguments.

As Perry’s legal team has done from the get-go, Botsford cast the case as having serious implications for First Amendment rights and a chilling effect on elected officials down the line. The indictment, he said, violates three principles to which Perry was entitled as Texas’ longest-serving governor: separation of powers, free speech and legislative immunity.

“The danger of allowing a prosecutor to do this is mind-boggling,” Botsford said as he sought to convince the eight judges present for the arguments that they should immediately end the indictment.

McMinn argued more than once that the defense was “getting ahead of ourselves” with its discussion of dispensing with the indictment before trial, insisting that not all the facts are out. Botsford later countered that such disclosure is not required for the court to dismiss the remaining charge. The questions before the judges, Botsford said, are “issues of law, not issues of fact.”

McMinn specifically sought to poke holes in Botsford’s argument that Perry had legislative immunity because vetoes are legislative acts, an argument she said “strains credibility” when one considers, for example, a member of the Legislature cannot take the same action. In his remarks, Botsford argued Perry was clearly “wearing his legislative hat” and thus protected from prosecution, regardless of any threats that may have accompanied his veto.

This hearing was originally scheduled for November 4, but you know how it goes. What happens next is we wait. The CCA justices (minus Bert Richardson, who is of course the judge in the actual criminal trial) asked more questions of McMinn than of Botsford, but who knows if that means anything. The trial is on hold pending a resolution of these issues by the CCA, so one hopes we won’t have to wait too long. See Trailblazers, the Express-News, and this Trib story for more from before the hearing.

The Rick Perry grand jury convenes

Game on.

Rosemary Lehmberg

A grand jury was sworn in Monday to look into whether Gov. Rick Perry acted improperly last year when he threatened to kill funding for the Travis County district attorney’s public corruption division unless District Attorney Rosemary Lehmberg resigned after her drunken driving conviction.

The office of the governor – who carried through on the veto threat – has hired defense lawyer David Botsford to “ensure the special prosecutor receives the facts in this matter,” Perry spokeswoman Lucy Nashed said.

“The facts will show this veto was made in accordance with the veto power afforded to every governor under the Texas Constitution,” she said. “As we have from the beginning, we remain ready and willing to assist with this inquiry.”

Because the inquiry concerns actions by Perry in his official capacity, Botsford’s $450-an-hour fee is expected to be paid from general revenue, Nashed said.

Much as it pains me to say it, that is appropriate. Perry could of course offer to pay for it from his ample campaign funds, and I’m sure he’d have no trouble getting a sugar daddy or two to cover the tab, but he’s not required to do so.

Texans for Public Justice, which tracks money in politics, last year filed a complaint with prosecutors over Perry’s threat, contending he violated laws against coercion of a public servant, abuse of official capacity, official oppression and, potentially, bribery.

Craig McDonald, director of Texans for Public Justice, emphasized that the group’s focus is on Perry’s threat. He said the group does not question Perry’s right to veto the funding itself.

“He’s got the authority to veto whatever he wants. He just can’t threaten to use his official pen or his official act against anyone, let alone the DA,” McDonald said.

[…]

Political experts suggested a criminal case against Perry for the veto threat is a long shot.

“I don’t think anybody’s going to prison for signaling that they would utilize their veto power to try to encourage an outcome. If that were the case, then I think pretty much every governor in the United States at one point or another would be guilty as charged,” Rice University political scientist Mark Jones said.

Oh, for crying out loud. Can we not agree that there’s something problematic with an elected official demanding that another elected official resign her office, and using the power to veto funding for her office as a threat to make her resign? As District Attorney, Rosemary Lehmberg can convene a grand jury to investigate anyone she thinks might have committed a crime. If she had demanded that a member of Austin City Council resign for whatever the reason, and threatened to convene a grand jury to investigate every member of that Council person’s staff if he didn’t resign, then followed through on it afterward, would we not agree that that is an abuse of her power? It doesn’t matter if this hypothetical Council member has done anything that might merit a grand jury investigation. The point is that there are limits on the power, and going beyond those limits is at the least a concern and may be a crime. I don’t see what’s so hard to grasp about that. If the grand jury comes back with a no-bill based on their understanding of the law and the evidence presented, then so be it. We built limits on the powers of our elected officials in Texas for a reason. It’s appropriate to check when we think an elected official may have attempted to exceed the power of his or her office. Texas Politics has more.

Perry lawyers up

It’s getting real.

Rosemary Lehmberg

Texas Gov. Rick Perry has hired a high-profile Austin defense lawyer to represent him in an investigation into whether he illegally withheld money from the Travis County District Attorney’s office.

KVUE News and the Austin American-Statesman confirmed Sunday evening the hiring of David L. Botsford.

The hiring comes as a special Travis County grand jury is set to be seated Monday to hear evidence into whether Perry broke state laws concerning bribery, coercion and abuse of authority.

[…]

Botsford said Sunday night, “The matter at hand pertains to the power of the governor to issue vetoes as allowed under the Texas Constitution. I have been retained to ensure that (the special prosecutor) receives all the facts, which will show that the governor’s veto was carried out in both the spirit and the letter of the law.”

See here, here, and here for the background. Attorney Botsford must be good at what he does, because he’s already obfuscating the facts. The issue, as I’ve said repeatedly, is not that Perry vetoed the funds but that he threatened to veto them unless Travis County DA Rosemary Lehmberg resigned. Trying to force out another elected official in this manner is the no-no. Had Perry simply vetoed the funds without yapping about it beforehand, there would be no allegation of wrongdoing. I can’t wait to see what the grand jury, which has been seated, makes of this. Jason Stanford and Juanita have more.