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Rick Perry’s prosecutor isn’t prone to partisanship

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#1 Nonny

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Posted 18 August 2014 - 11:35 AM

Perry’s prosecutor isn’t prone to partisanship, say those who know him
http://www.dallasnew...ho-know-him.ece

Quote

AUSTIN — It didn’t take long for Michael McCrum to become a bull’s-eye for Republicans outraged by the felony charges against Gov. Rick Perry.
But those who know the 57-year-old McCrum say the sweeping partisan attacks against him won’t stick.
As the special prosecutor in the Perry case, McCrum is a veteran attorney — and former cop in Dallas and Arlington — who’s been on both sides in legal skirmishes.
He’s got plenty of fans, both Democrats and Republicans. And his political leanings largely are muted...

Solomon Wisenberg, a Washington lawyer who has known McCrum since 1989, when they worked together as assistant U.S. attorneys, said his friend is not partisan.
Referring to Perry’s indictment, Wisenberg said: “There are people who are politically motivated who are probably happy about it. There are people on the other side who think it must be politically motivated.
“I know Mike well and I don’t think he would be that way. He is not readily identifiable as a Republican or a Democrat.”
Gerald Reamey, a professor at St. Mary’s University School of Law in San Antonio, taught McCrum criminal law and procedure.
“In his personal life and his professional life, there is some evidence that he is a fairly conservative person,” Reamey said. “He was prosecuting high-profile drug offenses. At the same time, he fits well into the criminal defense role.
“He’s very fair-minded and balanced, the kind of guy who would prosecute something only if he thinks the evidence is there,” Reamey said. “When I think of overzealous prosecution, he is not someone who comes to my mind.”
At a news conference Saturday, Perry did not refer to McCrum by name, but the governor predicted that “this farce of a prosecution will be revealed for what it is, and that those responsible will be held accountable.”
McCrum, in announcing the indictment Friday, dismissed the notion that the Perry investigation was driven by politics because the grand jury was in Democrat-heavy Travis County.
“That didn’t go into my consideration whatsoever. I looked at the law. I looked at the facts and I presented everything possible to the grand jury,” McCrum said.
McCrum was selected as the special prosecutor by a Republican judge...

On his office’s website, McCrum wrote: “I choose to take difficult and challenging stands because of the life principle expressed so perfectly in the book of Isaiah: ‘Maintain justice and do what is right.’”

I got tired of discussing this in Obama's "Katrina" Moment, was hoping the thread would be split, it wasn't, here goes.
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#2 Tricia

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Posted 18 August 2014 - 02:17 PM

Not only he not prone to partisanship but in a county heavily populated by Democrats, he is a registered Republican. And was appointed to this case by a Republican judge.

I am sure that those who are Texas Republicans are having a sh*t fit over this and calling him traitor.

I read an article about the difficulties of this case yesterday but will have to link it later when I have access to it.

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#3 243Skunk

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Posted 18 August 2014 - 05:13 PM

As a follow up question to the other thread, what are the the rules of using the executive veto in Texas? Any major differences?

#4 Lord of the Sword

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Posted 18 August 2014 - 06:15 PM

I really haven't followed the story. As soon as I heard the details of the case, namely Perry vetoing the funding for the drunk ADA...I shrugged my shoulders and said: It's pure politics, on both sides. I believe Perry was politically motivated to get rid of the drunk. And I firmly believe the charges against Perry are PURE politics. It smacks of desperate democrats trying to smear any potential republican presidential candidate.
"Sometimes you get the point of the sword, sometimes the edge, sometimes the flat of the blade (even if you're the Lord of the Sword) and sometimes you're the guy wielding it. But any day without the Sword or its Lord is one that could've been better  " ~Orpheus.

The Left is inclusive, and tolerant, unless you happen to think and believe different than they do~ Lord of the Sword

Looks like the Liberal Elite of Exisle have finally managed to silence the last remaining Conservative voice on the board.

“The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. It is it’s natural manure.” ~Thomas Jefferson

#5 Tricia

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Posted 18 August 2014 - 07:23 PM

Rick Perry has given people plenty of ammunition to take him down.

But then you may have forgotten his previous run for the Presidency ;)

This was probably not the best case to bring him up on charge for but you do not publicly threaten to withhold funding for an entire department just because of one person not quitting when he demanded it.  Just so he could get his choice in there.  And there was no previous history there of DUIs so not like it was a chronic problem with that woman that it had to be a quit now type of situation.

And in case some missed it...

Quote

Even though Perry criticized the charges as political, the special prosecutor and the judge specially appointed to oversee the case in Democrat-leaning Travis County are Republicans.


http://www.houstonch...rry-5693373.php

about the rules governing vetoes--there are lots of opinion on these laws....mostly he ran into trouble with so publicly threatening to veto because of that woman..who pled guilty as charged and served her time such as it was. The threat and veto a after she had already done all of that.  A little late, imo, to suddenly start issuing threats.

Quote

Sandra Guerra Thompson, director of the Criminal Justice Institute at the University of Houston Law Center, said having a governor face such charges is unusual, especially over a veto.

"He has veto power, and that generally gives him a right to deny some kind of legislative action without necessarily having to have any justification of it," she said. "Where you run into problems is where there seems to be some kind of quid pro quo - you do this, or I'll do that. And I think that's where this case is coming from."
Even so, should Perry end up in a trial, some experts warned, the cases of DeLay and Illinois Gov. Rod Blagojevich should be worth considering. Both politicians went to trial on what they thought were thin cases, only to find themselves convicted when the jury made its decision.
That's because politicians often are seen negatively by juries, even if they are popular.
"Blagojevich is a cautionary tale for Perry," Turley said. "They (juries) can tend to view all politicians as inherently corrupt or distrusted ... Politician and innocent can be seen as opposite terms."


Key date leading to indictments--
http://www.chron.com...rry-5692215.php

Edited by Tricia, 18 August 2014 - 07:26 PM.

In true dialogue, both sides are willing to change. --Thich Nhat Hanh


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Do not ask that your kids live up to your expectations.  Let your kids be who they are, and your expectations will be in breathless pursuit.


#6 Lord of the Sword

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Posted 19 August 2014 - 01:45 AM

^

Oh I understand about her "Serving her time". But having grown up with a alcoholic family member...I have ZERO tolerance for anyone who gets behind the wheel drunk.
"Sometimes you get the point of the sword, sometimes the edge, sometimes the flat of the blade (even if you're the Lord of the Sword) and sometimes you're the guy wielding it. But any day without the Sword or its Lord is one that could've been better  " ~Orpheus.

The Left is inclusive, and tolerant, unless you happen to think and believe different than they do~ Lord of the Sword

Looks like the Liberal Elite of Exisle have finally managed to silence the last remaining Conservative voice on the board.

“The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. It is it’s natural manure.” ~Thomas Jefferson

#7 Tricia

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Posted 19 August 2014 - 07:00 AM

I have even less tolerance but do understand that people make mistakes.

If she continues to drive drunk or had injured or killed someone while doing so or had a past history with alcohol....then all bets would be off.

Edited by Tricia, 19 August 2014 - 10:53 AM.

In true dialogue, both sides are willing to change. --Thich Nhat Hanh


You don't need to attend every argument you are invited to


Do not ask that your kids live up to your expectations.  Let your kids be who they are, and your expectations will be in breathless pursuit.


#8 Omega

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Posted 19 August 2014 - 07:53 AM

View PostLord of the Sword, on 19 August 2014 - 01:45 AM, said:

^

Oh I understand about her "Serving her time". But having grown up with a alcoholic family member...I have ZERO tolerance for anyone who gets behind the wheel drunk.

I suspect you voted for George W Bush and Dick Cheney, both of whom have DUI on their record. Just to pick the first Google result:
http://www.thesmokin...i-arrest-record

I am not commenting on the validity of DUI being or not being a significant issue for any particular person. Just providing information and encouraging consistency. :)

#9 FarscapeOne

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Posted 19 August 2014 - 10:52 AM

Chances are that someone in that position and was as aggressive as she was likely has been pulled over for DUI more than a few times and was able to get away with it because of their position.  I'd lay odds it is a pattern behavior, so I believe she should have been made to resign.

#10 Tricia

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Posted 19 August 2014 - 10:53 AM

^^But you are just guessing at that without any real proof.(edited to add)  People here in that area of the state hear that kind of stuff.  No one can keep a secret like that for long in the Hill Country.  

I am not  sure whether some realize that these indictments were handed down by a grand jury.  

Not just people out to get Rick Perry politically, other politicians etc.

Edited by Tricia, 19 August 2014 - 11:06 AM.

In true dialogue, both sides are willing to change. --Thich Nhat Hanh


You don't need to attend every argument you are invited to


Do not ask that your kids live up to your expectations.  Let your kids be who they are, and your expectations will be in breathless pursuit.


#11 FarscapeOne

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Posted 19 August 2014 - 11:57 AM

Things like I mention happen everywhere.  There's always a way to sweep things under the rug.

#12 Tricia

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Posted 19 August 2014 - 12:52 PM

Wow...just discovered this article ...

http://www.mysananto...ion-5427558.php

Quote

Aides to Gov. Rick Perry offered Travis County District Attorney Rosemary Lehmberg continued employment in the district attorney's office if she resigned her elected post following a drunk-driving arrest, officials familiar with the offer said Thursday.
The offer came after Perry threatened and then vetoed $7.5 million in funding for the office's anti-corruption unit, known as the Public Integrity Unit, because Lehmberg had refused to step down.
But several officials and sources told the Express-News that Perry — through intermediaries — offered various options to Lehmberg to entice her resignation, culminating in promises to restore funding to the unit, another position in the District Attorney's office, and selection of her top lieutenant to serve as the new district attorney.


the date on the article linked is April 4,2014

Not sure what y'all think about that but if he thought what she did was bad enough to demand her resignation from an elected position then why would he offer her continued employment in another capacity? I've heard that she was investigating one of his biggest campaign contributors.

Edited by Tricia, 19 August 2014 - 12:55 PM.

In true dialogue, both sides are willing to change. --Thich Nhat Hanh


You don't need to attend every argument you are invited to


Do not ask that your kids live up to your expectations.  Let your kids be who they are, and your expectations will be in breathless pursuit.


#13 DarthMarley

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Posted 19 August 2014 - 02:53 PM

Such a frivolous prosecution:

http://www.washingto...that-he-vetoes/

http://www.washingto...coercion-count/

http://nymag.com/dai...ridiculous.html

The good news is that this may keep Perry away from the primary.
"It is not who is right, but what is right that is of importance."

#14 Mark

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Posted 19 August 2014 - 04:07 PM

Mark: The likelihood this will help Perry in a primary are just as good as the odds it won't help him.

I think many Texans are tired of Perry being our governor, I can't imagine him being a good President...although I haven't seen any other candidates coming forth from either party that I would completely support, and vote for. It always seems to come down to voting for the least of two evils, and that's just wrong. We should have better choices amongst our Presidential candidates for whom to vote for.
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#15 Mark

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Posted 19 August 2014 - 04:18 PM

View Post243Skunk, on 18 August 2014 - 05:13 PM, said:

As a follow up question to the other thread, what are the the rules of using the executive veto in Texas? Any major differences?

Mark: Texas Executive Veto Rules

Quote

While the veto override is relatively rare due to the way in which the rules regulating the exercise of the veto work in tandem with the rhythm of the legislature's traditional schedule.

The state Constitution gives the Governor ten days after receiving a bill to either sign it or veto it. Signing the bill passes it into law, vetoing it returns it to the Legislature with a veto message explaining the governor's reasons for rejecting the measure. If the Legislature is in session at the time of the veto, legislators may attempt to reverse the veto or perhaps pass modified legislation that responds to the governor's objections. If the legislative session ends within ten days of the governor's receipt of any legislation, however, the Governor has another twenty days from adjournment to act on any such pending bills. Because there is typically a last-minute rush to pass legislation, the Governor frequently receives most bills within the last ten days of the session. This provides governors not only with extra time to consider bills but also creates a powerful advantage. If the Legislature is out of session, it cannot meet to vote on overrides, so any vetoes the Governor casts after the end of the session will be final.
The political limitations upon the veto power are subtler and have in many cases shaped governors' political fortunes. While vetoes can seem like an authoritative exercise of power - a bid to demonstrate decisive leadership - they may also be viewed as a sign of a governor's difficulty or even failure to deal effectively with legislators. Thus, the veto needs to be used strategically. Legislators who work long and hard on legislation may feel blindsided and less likely to cooperate in the future when a governor vetoes their legislation - particularly if the governor has not effectively communicated his or her priorities on legislation. Legislators may feel set up and ambushed by a governor who remains aloof during the session then vetoes a large amount of legislation.

The Executive Branch Budgetary Powers 4.2    Budgetary Powers
The Texas Governor also exercises less influence over the budget process than the U.S. President or many other governors. The legislature takes the lead in the budget process, leaving the Governor with the opportunity to speak publicly of priorities but with little influence on the formal budgeting process. The ten-member Legislative Budget Board (LBB) holds most of the authority. The veto is a blunt instrument, and some will interpret its extensive use for budgetary reasons as a sign that the Governor is either too weak or lacks the political skill to influence the budget process in more direct and positive ways. Governor Bill Clements's extensive use of the veto in 1979, for example, left him open to criticism that he was a political novice and that, as the first Republican governor since Reconstruction, he was eager to do partisan battles with Democrats dominating state government. Governor Rick Perry's record 82 vetoes of legislation passed during the 2001 session received a barrage of criticism from both parties. Perry, however, successfully characterized the vetoes as controlling government growth during his 2002 reelection campaign. To look at a comprehensive discussion of the veto, browse ahead to section 5.1.

Edited by Mark, 19 August 2014 - 04:26 PM.

Mark
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Peace is not the absence of conflict, but the ability to cope with it.
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#16 DarthMarley

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Posted 21 August 2014 - 08:14 AM

http://www.washingto...rry-indictment/

Quote

If the statutes are read literally, then it would be a crime
  • for a legislator to tell the Governor, “if you appoint Joe Schmoe to this position, I won’t vote for the law you want me to support” (whether because the legislator doesn’t trust Schmoe to enforce the law, or because he thinks Schmoe would do a bad job and is using the vote as leverage);
  • for a Governor to tell a legislator, “if you don’t amend this bill in a particular way, I’ll veto it”;
  • for a legislator to tell a U.S. Senator, “if you vote for this federal bill, I’ll vote against this state law that you’ve been wanting us to implement”;
  • for a legislator to tell a governor, “if you don’t resign, I’ll vote to impeach you”;
  • for a government employee to tell his supervisor, “if you don’t give me a raise, I’ll ask for a transfer to a different department.”

"It is not who is right, but what is right that is of importance."

#17 Nonny

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Posted 21 August 2014 - 03:34 PM

View PostTricia, on 19 August 2014 - 12:52 PM, said:

... if he thought what she did was bad enough to demand her resignation from an elected position then why would he offer her continued employment in another capacity? I've heard that she was investigating one of his biggest campaign contributors.

Why indeed, and here's the elephant in the room.   :rolleyes:
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"Give a man a gun and he can rob a bank, give a man a bank and he can rob the world." Can anyone tell me who I am quoting?  I found this with no attribution.

Fatal miscarriages are forever.

Stupid is stupid, this I believe. And ignorance is the worst kind of stupid, since ignorance is a choice.  Suzanne Brockmann

All things must be examined, debated, investigated without exception and without regard for anyone's feelings. Diderot

#18 Nonny

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Posted 21 August 2014 - 04:08 PM

Not so fast, gov'nur, you'll have to leave those with me

http://www.dailykos....etail=facebook#

Quote

Turns out there's federal law (and Texas law) that does not allow someone under indictment to carry arms.

This just keeps on getting better and better.   :lol:
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The once and future Nonny

"Give a man a gun and he can rob a bank, give a man a bank and he can rob the world." Can anyone tell me who I am quoting?  I found this with no attribution.

Fatal miscarriages are forever.

Stupid is stupid, this I believe. And ignorance is the worst kind of stupid, since ignorance is a choice.  Suzanne Brockmann

All things must be examined, debated, investigated without exception and without regard for anyone's feelings. Diderot

#19 DarthMarley

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Posted 22 August 2014 - 01:08 PM

The deep link is behind a paywall, but some qoutes from that can be found in the blogosphere.

http://www.powerline...-rick-perry.php

Quote

In sum: (1) when Perry vetoed funding for the Public Integrity Unit, he knew that it wasn’t investigating his appointees, (2) the veto did not halt the investigation or prevent the PIU from issuing indictments, and (3) the sleazy and dishonest attack on Gov. Perry by the Democratic National Committee is too much for the liberal Austin American-Statesman to stomach.

http://pjmedia.com/t...-broke-the-law/

Quote

By Texas law, grand jurors are not supposed to talk to the media about their cases.
That did not stop several of the Gov. Perry grand jurors from breaking the law

So, Perry gives up his guns, and those jurors who spoke to media get charged? That would be fair.

http://legalinsurrec...al-abuse//#more
"It is not who is right, but what is right that is of importance."

#20 Tricia

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Posted 27 August 2014 - 06:14 PM

Um...does Rick Perry not even know what the charges against him are?

http://blog.chron.co...ent/#26203101=0

Quote

As Gov. Rick Perry addressed business leaders in New Hampshire last Friday, he was asked about the two-count felony indictment  he’s facing back home.
His answer, according to ABC News: “I’ve been indicted by that same body now for I think two counts, one of bribery, which I’m not a lawyer, so I don’t really understand the details here.”
Bribery? Really?
The two-page indictment handed up Aug. 15 alleged that Perry violated two state laws — abuse of official capacity and coercion of a public official — for the way he vetoed state funding for the Travis County Public Integrity Unit, an ethics watchdog office, back in June 2013.


Trying to tell us something, Ricky? Or just another OOPS moment?  :rolleyes:

In true dialogue, both sides are willing to change. --Thich Nhat Hanh


You don't need to attend every argument you are invited to


Do not ask that your kids live up to your expectations.  Let your kids be who they are, and your expectations will be in breathless pursuit.




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