Yesterday, 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.
As 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.
However, 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.
Bettykath
🙂
John, You use the term American-American. By this do mean the indigenous peoples of the Americas?
bettykath – I use the term American-American for anyone whose family has been here at least three generations.
Laser you’re a butwipe
Am not…..
Are too…….
I’m just sayin……
There’s a full day moon out tonight
Wagga wagga wagga
In this instance following the “rule of law” is right but why is the rule of law brought up only when someone needs it. The “rule of law” should be followed at all time. Especially in Texas, as Texas is a Nation, a Nation that needs a strong Governor to protect its people from abuse of power. I have followed the rule of law and have asked for assistance from our elected officials, only to be ignored by public officials ignorant of the rule of law.
LC in Texas – Texas used to be a nation, now it is a state. That could be causing some of your legal problems.
jonathanturley
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.
====================
Why is ABC News offensive … and if so my fault?
Squeeky;
Consider my.offer rescinded!
I dont give a dsng where its supposed to be posted;
It’s distasteful n disgraceful!
Sheesh! You’rr whacked.
Is there a way to get a copy of the Motion For A Special Prosecutor??? Because my GUESS is, some Travis County prosecutor had a conflict and could not do it his or herself.
Squeeky Fromm
Girl Reporter
Whoa, looks like a good day to absent one’s self.
Ooops. Meant to post the above on the Missouri Governor thread. Mea Culpa.
Squeeky Fromm
Girl Reporter
You see all those documentaries about white folks lynching black folks back in the day, without a trial, and you wonder how people could ever think that was the right thing to do. Now, the blood-lusty Liberal mob clamors for the same thing.
Think Progress???
An Irish Poem by Squeeky Fromm
The Liberals have come a long way,
From the days of the old KKK.
Once blacks had no hope,
From the tree and the rope,
Now, Libs pray for a white guy to sway!
Squeeky Fromm
Girl Reporter
AY;
Soros is (putting it in yiddish terms) psoris. I somply dont get that guy.
As for me, i’d love to see full disclosure by JT
On where (by whom) his bread gets buttered by.
Taking Annie’s remarks David and putting them in context here…. Yawwwnnnnnnn….
Here is a link to Eugene Volokh’s analysis based upon the Hanson case and the First Amendment issues. It is an interesting read:
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/16/is-the-indictment-of-texas-gov-rick-perry-inconsistent-with-a-texas-court-of-appeals-precedent-as-to-the-coercion-count/
Yawn and Yak went up the hill
each had a dollar and a quarter
Skweek came back with two and a half
Do you think PI Dick went up too?
The brain police need to be more fair, but that is not going to happen.
Omnicide is cool but saying s*it is not.
Come on, people are proud to be members of the KKK or they would not be members.
We have to keep it secret.
To be civil I mean.
Carry on.
I already told people where to go read, and where after being called a liar, That is more than courteous.
Here is a link to the case mentioned by Robert that suggests coercion does not apply in Perry’s situation:
http://scholar.google.com/scholar_case?case=13334114033535556636
Robert,
You will get banned if you keep up the personal attacks… Just saying…. Now show the proof of the donations…. Even the SA News is after perry…. Ok, tell me what the statemen has to say about the special prosecutor…
AY – if Dredd didn’t get banned for his comments today, Robert is barely even starting.
Here is another law blog about this issue, taking on the sketchy background of the major players (not Perry).
http://patterico.com/2014/08/17/three-things-you-might-not-know-about-perry-persecutor-michael-mccrum-allegations-of-misconduct-his-donation-to-the-judge-who-appointed-him-and-his-politics/
I always like reading Mr Turley’s thoughts, and don’t normally comment. I did in this case because of the breathtaking breadth of false information in the comments, and I get attacked as a liar by an anonymous guy. Should have known,pearls before swine and all that, but I can at least point you to the local San Antonio and Austin newspaper sites. I already gave you open secrets, where you can find campaign donations, two to non partisan races, and one to a democratic congressman. It is way better to go learn something instead of show your own ignorance by slinging false accusations. I didn’t realize self study was such a rare commodity these days, my apologies.
John, I have deleted your last comment to end the tit for tat. I am always reluctant to delete responses to personal attacks because I can understand the desire to respond in kind or respond in a personal way. However, despite Dredd’s clear violation of the civility rule, we want to return the thread to the merits. I have been trying to follow all comments to deal with those who come here to insult other posters. If I miss some comments, feel free to email. I will not always agree (and we actually delete a very small number of comments given the high traffic on this site) but I will take a look as soon as I can.