Criminal law, Media, Politics, Society

Perry Takes The Perp Walk

perry2Yesterday, Texas Gov. Rick Perry turned himself in response to the indictment for alleged abuse of power. Regardless of how you feel about Perry, he takes a damn good mug shot.

Rod_Blagojevich_mug_shotAs we have discussed in the past, there is always a debate with celebrities on how to appear in a mugshot. If you smile, you can be viewed as cocky or unrepentant. If you frown, you can look guilty. You know that whatever picture you take, it will be plastered around the world. Perry went the faintly bemused route and I think it was the best optics under the circumstances for a sitting governor. Former Illinois Gov. Rod Blagojevich went with a more determined look that came across like a trapped animal.

XXX _TOM-DELAY.JPG A CLJ USA TXAFP US-CRIME-JOHN EDWARDS A CLJ USA NCHowever, Tom DeLay and John Edwards took the same “happy to be here” look at their mugshot moments.

To smile in such a circumstance is no easy task.

As I have written on this blog and in a column, I believe that the indictment is factually and legally weak. The indictment dangerously blurs the line between political and criminal actions. It also raises serious problems under the separation of powers doctrine. This week, the New York Times, USA Today, Washington Post and a number of liberal figures also denounced the indictment as excessive or abusive. There remains some who cannot see beyond their intense dislike for Perry to see the dangers inherent in this type of criminalization of political decisions. As I stated before, I believe that Perry was wrong to veto the funding for this office, but he has a constitutional right to veto such funding (subject to a legislative override).

Forcing a governor to take a mug shot and appear in such a facially weak case is deeply disturbing. This was a case that should never have been brought with the simple use of prosecution discretion. Neither of these state provisions clearly put a governor on notice that such decisions could lead to criminal prosecution — nor should they. I have been a regular critic of Perry but I believe that he was wrongly charged unless the prosecutor has some incredible evidence (and a likely superseding indictment) in mind. I cannot think what that evidence would be however. Perry publicly threatened to veto funding after the incarceration of Travis County District Attorney Rosemary Lehmberg. I believe that there is a strong case for dismissal to put before the court as a threshold legal matter.

This office has had a questionable history of prosecutions, including the charging of former U.S. Senator Kay Bailey Hutchison two decades ago (this case is being brought under the authority of the office but through an outside special prosecutor). She was charged with using state employees to plan her Christmas vacation in Colorado and write thank-you notes. The case was so weak that it took only 30 minutes for the jury to find her not guilty on all charges. It was a manifestly weak case that should not have been brought. This case presents the same concern in stretching these provisions to breaking point to criminalize the threat and the veto of the appropriations line.

210 thoughts on “Perry Takes The Perp Walk”

  1. Dredd
    Bailers

    “They will to this day still argue that segregation was to protect and help black folks.”

    Who says that? I want names.
    ==========================
    Here is lots of research compiled into the code words and core concepts (Symbolic Racism: A Look at the Science).

    The War on the Whites research may help some too.

    —————————————

    The term racism is practically meaningless these days. Besides, everyone is a little bit racist.

    I could hate (fill in the blank) like my worst enemy, but until my thoughts cross into actions it doesn’t matter at all what I think. Case in point – hate crimes. If I murder a mother of four, does it matter what her skin color is? If I mug an old man, does it matter if I yell “N…..” or “old man” as I’m running away? Then why are we pretending that thinking bad things makes a crime worse?

    My point is, Far too much effort is spent try to change mindsets. It’s destined to fail. Accept that everyone has bias, everyone has reasonable or unreasonable hatred. Let’s focus on instilling a belief that everyone has the right to live unmolested, and that includes actions and thoughts.

    It will never be accepted by the groups on both sides that are fighting the battle for the mind, but it’s why they are going to continue to lose.

  2. nick, “Paul Begala is an ass kissing, phony, errand boy. ” As a former Houston resident and attendee of UT undergrad and law school, Begala has excellent sources in Texas. I really don’t think you know what you are talking about when it comes to Texas politics.

  3. LDL,

    Since Perry proved himself inept the last time he ran, there are many folks that don’t want him showing up… Including Georgw Soros…. Who’s donated millions to The GOP… Recently..

  4. I think that any country that disagrees with American Imperalism has been designated communist….. You can’t be neutral, either you are for US or you’re communist….

    1. AY – only countries with a Communist style government are designated Communist. Not just the ones that disagree with US policy.

    1. Dredd – read some of your article but it was so unfocused I could not see what the point was. so I gave up. If you are going to name names, come out and do it.

    1. Dredd – symbolic racism is about as real as my little sister’s tea parties were. It was all pretend and hot air.

    2. Dredd, I have again had to delete a personal attack by you in clear violation of our civility rule (John, I deleted your response to that attack to try to stop a personal tit-for-tat). You must either comment without resorting to personal attacks for refrain from commenting.

  11. Stop! If TX journos keep reporting all these pesky facts about Perry indictment, it’s gonna ruin our Beltway/Broadway elite consensus.” Paul Begala tweet

  12. A question that begs (beyond the biased pointing of fingers);
    is WHO is really behind the grab – to nab – Gov. Perry.

    Can Bush and/or Romney be assuring the demise of an opponent in 2016?

    I’m just sayin…..

  14. bettykath
    Elain, “But Abbott said homeowners who think they might live near stores of dangerous chemicals could simply ask the companies near their homes what substances are kept on site.”

    So sad that he wasn’t trying to be funny. So sad that this is the process to be used to see if you are being poisoned. Abbott isn’t qualified to represent the best interest of Texans.
    ————————

    Maybe I’m missing the point, but you CAN find out what’s near your home. Try it.

    http://www.epa.gov/enviro/facts/tri/search.html

  15. “They will to this day still argue that segregation was to protect and help black folks.”

    Who says that? I want names.

  18. @randyjet “I cannot wait to see how he looks in orange jumpsuits I find it rather jumping the gun to declare him innocent before trial.”

    Are you unfamiliar with the presumption of innocence principle?

    1. SWM – I think Picasso was a Communist, so Cubism would have to be Communist.

  20. Elaine, I do wish JT would recognize the trolling passive- aggressive attacks and shut them down.

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