Page 85 of 112 FirstFirst ... 3575838485868795 ... LastLast
Results 841 to 850 of 1120

Thread: Gov. Rick Perry indicted for abuse of power for carrying out threat [W:613/629]

  1. #841
    Educator newpublius's Avatar
    Join Date
    Feb 2014
    Location
    Riverdale, NJ
    Last Seen
    10-03-17 @ 08:08 PM
    Gender
    Lean
    Conservative
    Posts
    714

    Re: Gov. Rick Perry indicted for abuse of power for carrying out threat to veto prose

    Quote Originally Posted by danarhea View Post
    No it isn't. It is a felony to make the threat. If Perry had just kept his mouth shut and simply defunded the unit, he wouldn't be in hot water. But he made the threat, and then carried it out, and now he is indicted. Here is the applicable portion of the law......

    "Sec. 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.
    "

    Once the grand jury ruled in her case, it was then "hands off". (2) is what applies here. Because the value is greater than 200K, it is a first degree felony.
    Statutes do NOT modify constitutions. Do you understand what that means? It means the TX legislature cannot, by statute, qualify the constitutional authority of the Governor.

  2. #842
    Sage
    Excon's Avatar
    Join Date
    Mar 2012
    Last Seen
    10-14-17 @ 01:26 PM
    Lean
    Independent
    Posts
    31,997

    Re: Gov. Rick Perry indicted for abuse of power for carrying out threat to veto prose

    Quote Originally Posted by Ryan5 View Post
    -Rick Perry in Texas itself is seen as an idiot by every liberal, independent and everything in between.
    You clearly know not of what you speak.
    “The law is reason, free from passion.”
    Aristotle
    (≚ᄌ≚)

  3. #843
    Sage
    Excon's Avatar
    Join Date
    Mar 2012
    Last Seen
    10-14-17 @ 01:26 PM
    Lean
    Independent
    Posts
    31,997

    Re: Gov. Rick Perry indicted for abuse of power for carrying out threat to veto prose

    Quote Originally Posted by danarhea View Post
    No it isn't. It is a felony to make the threat. If Perry had just kept his mouth shut and simply defunded the unit, he wouldn't be in hot water. But he made the threat, and then carried it out, and now he is indicted. Here is the applicable portion of the law......

    "Sec. 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.
    "

    Once the grand jury ruled in her case, it was then "hands off". (2) is what applies here. Because the value is greater than 200K, it is a first degree felony.
    Stick to playing music as you do not know of what you speak.
    It is not a felony to do as he did, nor does the above law does apply to these actions.
    It was nothing more than a stretch of the imagination of the prosecutor, who got a GJ to indict a ham sandwich.

    And no, once the "GJ ruled" it was not hands off as you absurdly think.
    All the GJ did was fail to return an indictment.
    They didn't "rule" as to anything else.
    Last edited by Excon; 08-18-14 at 02:41 AM.
    “The law is reason, free from passion.”
    Aristotle
    (≚ᄌ≚)

  4. #844
    Slayer of the DP Newsbot
    danarhea's Avatar
    Join Date
    Aug 2005
    Location
    Houston, TX
    Last Seen
    Today @ 01:30 AM
    Gender
    Lean
    Conservative
    Posts
    39,725

    Re: Gov. Rick Perry indicted for abuse of power for carrying out threat to veto prose

    Quote Originally Posted by newpublius View Post
    There's no difference that makes a difference except indicting the legislature becomes obviously absurd, it reveals the utter absurdity of indicting the Governor particularly when the legal remedy should be an action for a writ (which shouldn't issue). Anything beyond that is an absurdity and an assault on separation of powers.
    The law is there, in black and white, and Perry is not the first to be indicted for what he did. I will walk you through this step, by step.

    1) The law says that, if you intend to harm another by misusing government property that has come into the possession of the government employee by virtue of his or her employment, then you have committed a crime.

    2) The property in question consists of the funds for the Public Integrity Unit.

    3) The employee in question is Assistant DA Rosemary Lehmburg.

    4) Had Perry not made any threat, and just cancelled the funds, he could have given any reason he wanted, within reason... For example "The Public Integrity Unit is a waste of taxpayer money, and so I am vetoing the funds".

    5) However, Perry issued a threat against Lehmburg and her office. This was AFTER a grand jury already decided that she could keep her job.

    6) In making the threat, Perry showed that his action, if taken, would be to act against a public employee by using property of the state of Texas as a weapon.

    7) When Perry then carried out this threat, under the laws of the State of Texas, Perry had harmed Lehmberg by misusing government property (the funds).

    8) Perry has been indicted for that.

    It's all pretty much black and white here. Although the maximum penalty here is 99 years, I doubt Perry will do time, if convicted. When Governor Pa Ferguson was convicted in 1917 for the same crime, he did not do a day in jail. When he tried to run for Governor again in 1926, the Texas Supreme Court ruled him ineligible as a convicted felon. So his wife ran, and she was elected, becoming the first female governor in Texas history.
    Last edited by danarhea; 08-18-14 at 02:35 AM.
    The ghost of Jack Kevorkian for President's Physician: 2016

  5. #845
    Slayer of the DP Newsbot
    danarhea's Avatar
    Join Date
    Aug 2005
    Location
    Houston, TX
    Last Seen
    Today @ 01:30 AM
    Gender
    Lean
    Conservative
    Posts
    39,725

    Re: Gov. Rick Perry indicted for abuse of power for carrying out threat to veto prose

    Quote Originally Posted by newpublius View Post
    Statutes do NOT modify constitutions. Do you understand what that means? It means the TX legislature cannot, by statute, qualify the constitutional authority of the Governor.
    These laws have been on the books for more than 100 years, and have passed constitutional muster time and again. And these laws were signed into law by guess what? A Governor.
    The ghost of Jack Kevorkian for President's Physician: 2016

  6. #846
    Global Moderator
    Moderator

    Zyphlin's Avatar
    Join Date
    Jul 2005
    Location
    NoMoAuchie
    Last Seen
    @
    Gender
    Lean
    Independent
    Posts
    47,941

    Re: Gov. Rick Perry indicted for abuse of power for carrying out threat to veto prose

    Quote Originally Posted by danarhea View Post
    A separate grand jury had already investigated her, and allowed her to stay in her job. Perry then carried out his threat to veto the funds. That is highly illegal in Texas.
    Already claiming he acted in a "highly illegal" fashion before any actual ruling of such? Funny, you sang a different tune the entire time the Bergdahl saga has been playing out.

  7. #847
    Sage
    Excon's Avatar
    Join Date
    Mar 2012
    Last Seen
    10-14-17 @ 01:26 PM
    Lean
    Independent
    Posts
    31,997

    Re: Gov. Rick Perry indicted for abuse of power for carrying out threat to veto prose

    Quote Originally Posted by danarhea View Post
    These laws have been on the books for more than 100 years, and have passed constitutional muster time and again. And these laws were signed into law by guess what? A Governor.
    And the prosecutor is stretching the imagination in wrongly using them as he is.
    “The law is reason, free from passion.”
    Aristotle
    (≚ᄌ≚)

  8. #848
    Slayer of the DP Newsbot
    danarhea's Avatar
    Join Date
    Aug 2005
    Location
    Houston, TX
    Last Seen
    Today @ 01:30 AM
    Gender
    Lean
    Conservative
    Posts
    39,725

    Re: Gov. Rick Perry indicted for abuse of power for carrying out threat to veto prose

    Quote Originally Posted by Excon View Post
    And the prosecutor is stretching the imagination in wrongly using them as he is.
    Show me the hole in this. I will post it again. Show me how it is wrongly being used. And, BTW, the prosecutor in this is an independent, who is respected by both Democrats and Republicans, was appointed by a Republican judge, and has been spoken highly by both our US Senators, who are both Republicans.

    1) The law says that, if you intend to harm another by misusing government property that has come into the possession of the government employee by virtue of his or her employment, then you have committed a crime.

    2) The property in question consists of the funds for the Public Integrity Unit.

    3) The employee in question is Assistant DA Rosemary Lehmburg.

    4) Had Perry not made any threat, and just cancelled the funds, he could have given any reason he wanted, within reason... For example "The Public Integrity Unit is a waste of taxpayer money, and so I am vetoing the funds".

    5) However, Perry issued a threat against Lehmburg and her office. This was AFTER a grand jury already decided that she could keep her job.

    6) In making the threat, Perry showed that his action, if taken, would be to act against a public employee by using property of the state of Texas as a weapon.

    7) When Perry then carried out this threat, under the laws of the State of Texas, Perry had harmed Lehmberg by misusing government property (the funds).

    8) Perry has been indicted for that.
    Last edited by danarhea; 08-18-14 at 02:50 AM.
    The ghost of Jack Kevorkian for President's Physician: 2016

  9. #849
    Slayer of the DP Newsbot
    danarhea's Avatar
    Join Date
    Aug 2005
    Location
    Houston, TX
    Last Seen
    Today @ 01:30 AM
    Gender
    Lean
    Conservative
    Posts
    39,725

    Re: Gov. Rick Perry indicted for abuse of power for carrying out threat to veto prose

    Quote Originally Posted by Zyphlin View Post
    Already claiming he acted in a "highly illegal" fashion before any actual ruling of such? Funny, you sang a different tune the entire time the Bergdahl saga has been playing out.
    Actually what I said is that Perry carried out his thread to veto the funds. Perry has said so himself. And yes, it is illegal to carry out threats of this nature, according to the laws of the State of Texas. If convicted, Perry has nobody to blame but himself, because if he hadn't run his mouth and made the threats, he would be in no trouble at all.

    And I don't see what Bergdahl has to do with this. Could you stick to the topic, please?
    The ghost of Jack Kevorkian for President's Physician: 2016

  10. #850
    Sage
    Excon's Avatar
    Join Date
    Mar 2012
    Last Seen
    10-14-17 @ 01:26 PM
    Lean
    Independent
    Posts
    31,997

    Re: Gov. Rick Perry indicted for abuse of power for carrying out threat to veto prose

    Quote Originally Posted by danarhea View Post
    Show me the hole in this. I will post it again. Show me how it is wrongly being used. And, BTW, the prosecutor in this is an independent, who is respected by both Democrats and Republicans, was appointed by a Republican judge, and has been spoken highly by both our US Senators, who are both Republicans.
    You have already been shown numerous times.
    You just deny.
    As for the prosecutor? His stature matters not. He is stretching the meaning here. He isn't above that.
    “The law is reason, free from passion.”
    Aristotle
    (≚ᄌ≚)

Page 85 of 112 FirstFirst ... 3575838485868795 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •