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Trabisnikof
Dec 24, 2005

Nonsense posted:

It just seems at this point that there really isn't a hope in the world to convict one of the most corrupt governors in the history of Texas, and that's pretty sad.

I think he'll be convicted but will win on appeal because of the (R) behind the appeals judges' names.

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My Imaginary GF
Jul 17, 2005

by R. Guyovich

Trabisnikof posted:

I think he'll be convicted but will win on appeal because of the (R) behind the appeals judges' names.

Followed by a Federal investigation for the future burglary bundling during the attempted cover-up.

BrutalistMcDonalds
Oct 4, 2012


Lipstick Apathy
So the Statesman is reporting that Perry's office Rick Perry had called Mindy Montford to discuss replacing Lehmberg [edit:] before the veto threat was publicly known. Don't know if that's legal, but it's worth noting Montford is a Democrat.

It's funny if you read a website like BOR which is promoting a lot of theories about Perry putting in a die-hard Republican, and comparing it to BOR in 2010 creaming itself for uber-progressive Montford in an election for a judge position.

https://www.youtube.com/watch?v=5pF477abcPE

And Montford accepted if Lehmberg resigned.

BrutalistMcDonalds fucked around with this message at 07:18 on Aug 25, 2014

Trabisnikof
Dec 24, 2005

Omi-Polari posted:

So the Statesman is reporting that Perry's office had called Mindy Montford to discuss replacing Lehmberg. Don't know if that's legal, but it's worth noting Montford is a Democrat.

It's funny if you read a website like BOR which is promoting a lot of theories about Perry putting in a die-hard Republican, and comparing it to BOR in 2010 creaming itself for uber-progressive Montford in an election for a judge position.

https://www.youtube.com/watch?v=5pF477abcPE

I love the people behind the BOR report to death, but they clearly view it as a political tool rather than a source of information for the community.

BrutalistMcDonalds
Oct 4, 2012


Lipstick Apathy

Trabisnikof posted:

I love the people behind the BOR report to death, but they clearly view it as a political tool rather than a source of information for the community.
I met one of the BOR guys once, and he was really sweet and smart. But I'm still going to shoot spitballs at them. :)

GamingHyena
Jul 25, 2003

Devil's Advocate
According to Grits for Breakfast (very well regarded Texas criminal defense blog), Rick Perry's attorneys are filing a Writ of Habeas Corpus alleging the statutes he is charged under are unconstitutional. There's a link to the Habeas writ in the blog.

Edit:
FYI, in Texas challenges to test the sufficiency of an indictment before trial are normally done by a Motion to Quash rather than a Habeas Writ. The general procedure is that you file the motion challenging the constitutionality of the statute, the trial court denies it, and you take the issue up on appeal if you lose at trial.

The advantage to Perry in filing the Habeas Writ is that a Writ can be appealed up to the Court of Criminal Appeals before trial (which you can't do with a motion). The reason most defendants don't do that is that appellate courts are loathe to jump in and decide a case before trial. Of course, Rick Perry is not your typical defendant.

GamingHyena fucked around with this message at 01:15 on Aug 26, 2014

ReidRansom
Oct 25, 2004


From the article linked in that blog

quote:

The wide-ranging attack argued that Perry’s criminal charges were based on state laws that are unconstitutional or, at the very least, were misinterpreted — constituting an improper attempt to criminalize politics and limit gubernatorial power in “intolerable and incalculable” ways.

Isn't that really the whole point of the Texas constitution though? Placing heavy, even excessive limits on gubernatorial power? I'm not a scholar on such things, but I definitely recall that being rather a key point.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

ReidRansom posted:

From the article linked in that blog


Isn't that really the whole point of the Texas constitution though? Placing heavy, even excessive limits on gubernatorial power? I'm not a scholar on such things, but I definitely recall that being rather a key point.
Even if it is, I don't see how that would justify vague or overbroad limits, which is one of their several arguments. This is the most interesting one to me, they are claiming immunity because his veto power functions as a legislative action:

quote:

Because a governor acts in a constitutionally-prescribed legislative capacity in vetoing legislation, Section 39.02(a)(2) is unconstitutional as applied because it violates the protection afforded by the Speech or Debate Clause of Article III, Section 21 of the Texas Constitution.

evilweasel
Aug 24, 2002

ReidRansom posted:

From the article linked in that blog


Isn't that really the whole point of the Texas constitution though? Placing heavy, even excessive limits on gubernatorial power? I'm not a scholar on such things, but I definitely recall that being rather a key point.

That may be the point of the Texas Constitution, but you can only do that through the Constitution. You can't take away one of the megre powers the Texas Constitution grants the governor through litigation.

Trabisnikof
Dec 24, 2005

evilweasel posted:

That may be the point of the Texas Constitution, but you can only do that through the Constitution. You can't take away one of the megre powers the Texas Constitution grants the governor through litigation.

On the flip-side, I think it would be incredibly foolish to legalize quid-pro-quo vetoes under the guise of it being a legislative action, especially in a state with line item vetoes and commissions that are appointed on a rotating basis.


But then again, maybe the Texas Government textbooks in 10 years will explain that "while technically commissions are appointed on a rotating cycle, it is custom for all commissioners to resign when a new governor is elected."

twodot posted:

Even if it is, I don't see how that would justify vague or overbroad limits, which is one of their several arguments. This is the most interesting one to me, they are claiming immunity because his veto power functions as a legislative action:

Without case law, that looks pretty broad to me:

The Texas Constitution posted:

Sec. 21. WORDS SPOKEN IN DEBATE. No member shall be questioned in any other place for words spoken in debate in either House.

VitalSigns
Sep 3, 2011

I thought it was the threat Perry was indicted for, not the actual vetoing statement. Or did he demand her resignation in exchange for funding on the floor of the Texas House?

I'm rooting for Perry though, so one day when I'm governor it will be standing procedure for every department head to give me an annual blowjob at budget time. :quagmire:

OJ MIST 2 THE DICK
Sep 11, 2008

Anytime I need to see your face I just close my eyes
And I am taken to a place
Where your crystal minds and magenta feelings
Take up shelter in the base of my spine
Sweet like a chica cherry cola

-Cheap Trick

Nap Ghost

Trabisnikof posted:

Without case law, that looks pretty broad to me:

There's precedent for extending the speech and debate clause to people involved in the legislative process, but not necessarily legislators themselves. US v. Gravel.

It probably won't go, as it's about as valid as Dick Cheney being his own branch of government.


And speech and debate clauses are pretty drat broad if only to quash executive influence.

HUGE PUBES A PLUS
Apr 30, 2005

This is probably not the best way to spend your Sunday evening, Rick.

Horseshoe theory
Mar 7, 2005

HUGE PUBES A PLUS posted:

This is probably not the best way to spend your Sunday evening, Rick.

Why not? It's not like he's going to end up in jail or anything serious will happen to him for doing it...

ReindeerF
Apr 20, 2002

Rubber Dinghy Rapids Bro

HUGE PUBES A PLUS posted:

This is probably not the best way to spend your Sunday evening, Rick.

Hahaha, awesome. This is a good old Texas throwdown now. Hopefully someone will shoot at someone in a bar at some point.

Nonsense
Jan 26, 2007

HUGE PUBES A PLUS posted:

This is probably not the best way to spend your Sunday evening, Rick.



Rick Perry is powerful.

woke wedding drone
Jun 1, 2003

by exmarx
Fun Shoe
Is he really tweeting about things relating to his trial :psyduck:

Trabisnikof
Dec 24, 2005

HUGE PUBES A PLUS posted:

This is probably not the best way to spend your Sunday evening, Rick.



What's great about this is its not even accurate. But it is the media narrative Perry wants.....

Herv
Mar 24, 2005

Soiled Meat
Perry's posse got some skills. Holy poo poo I guess I should be happy they found the post button.

Trabisnikof
Dec 24, 2005

Its ok guys, the tweet was "unauthorized" nothing to see here.

HUGE PUBES A PLUS
Apr 30, 2005

Ah, the Anthony Weiner defense.

My Imaginary GF
Jul 17, 2005

by R. Guyovich

Trabisnikof posted:

Its ok guys, the tweet was "unauthorized" nothing to see here.

Unauthorized, from what GoogleID? Who's device has that GID? Are you telling me that a governor willingly gave his personal cell phone to a political campaign staff member, thereby making the phone a political phone and a number which cannot be used for official business?

Trabisnikof
Dec 24, 2005

My Imaginary GF posted:

Unauthorized, from what GoogleID? Who's device has that GID? Are you telling me that a governor willingly gave his personal cell phone to a political campaign staff member, thereby making the phone a political phone and a number which cannot be used for official business?

Presumably Perry is like most politicians who has a staffer in their 20s who actually does all the tweeting for them. Probably said person didn't realize the rules change after you've been formally indicted.

woke wedding drone
Jun 1, 2003

by exmarx
Fun Shoe

My Imaginary GF posted:

Unauthorized, from what GoogleID? Who's device has that GID? Are you telling me that a governor willingly gave his personal cell phone to a political campaign staff member, thereby making the phone a political phone and a number which cannot be used for official business?

Um staffers can log in to twitter from any computer :confused:

My Imaginary GF
Jul 17, 2005

by R. Guyovich

SedanChair posted:

Um staffers can log in to twitter from any computer :confused:

Yes, I've done that in the past. I'm guessing with what I've heard of Perry's personality, he might've been careless enough to retweet that himself. All depends upon the device from which it was retweeted, which you can determine by subpoena'ing Twitter.

E:
Stupid /=/ Careless

i say swears online
Mar 4, 2005

The Austin station whose local news I caught this evening was actually pretty hard about debunking the accusation made in that meme.

Celot
Jan 14, 2007

It seems like even if you don't agree with these charges, you should still support Perry's conviction. He cannot be charged for the murder he committed in 2004, so we need to get him how we can.

Like Al Capone.

Stunning Honky
Sep 7, 2004

" . . . "

HUGE PUBES A PLUS posted:

Ah, the Anthony Weiner defense.

Hahahaha. He's even been working on his frown.

Tricky Dick Nixon
Jul 26, 2010

by Nyc_Tattoo

Celot posted:

It seems like even if you don't agree with these charges, you should still support Perry's conviction. He cannot be charged for the murder he committed in 2004, so we need to get him how we can.

Like Al Capone.

The issue with that is that these cases set precdents that would carry into other prosecution and legal proceedings, they don't exist in a vacuum.

Trabisnikof
Dec 24, 2005

Juvenalian.Satyr posted:

The issue with that is that these cases set precdents that would carry into other prosecution and legal proceedings, they don't exist in a vacuum.

The precedent set by allowing the governor to override the democratic process with line-item veto threats is far worse than the risks from banning quid pro quo vetos.

Tricky Dick Nixon
Jul 26, 2010

by Nyc_Tattoo

Trabisnikof posted:

The precedent set by allowing the governor to override the democratic process with line-item veto threats is far worse than the risks from banning quid pro quo vetos.

I agree with that, actually, but the line of reasoning of "Perry deserves it for other reasons" I think is the wrong argument people should be making, is all.

Kumo
Jul 31, 2004

Trabisnikof posted:

Presumably Perry is like most politicians who has a staffer in their 20s who actually does all the tweeting for them.

Nope.

http://talkingpointsmemo.com/muckraker/is-rick-perry-blocking-journalists-from-following-him-on-twitter

quote:

I put in a call to the governor's press office, where Ashton Morgan told me the governor has sole control of his personal Twitter account.

Gucci Loafers
May 20, 2006

Ask yourself, do you really want to talk to pair of really nice gaudy shoes?


Eh,

The DA's DUI is a huge liability and a enormously stupid mistake but she's an elected official, was convicted, sentenced and served her time. If Austin wants to keep her around so be it. It is rather unclassy to be sharing such a meme, or any meme for that matter. It might sway public opinion slightly but it won't work in court.

Does anyone know what kind of timeline we're looking at until we find out if it's going to get thrown out?

Trabisnikof
Dec 24, 2005

Tab8715 posted:

Eh,

The DA's DUI is a huge liability and a enormously stupid mistake but she's an elected official, was convicted, sentenced and served her time. If Austin wants to keep her around so be it. It is rather unclassy to be sharing such a meme, or any meme for that matter. It might sway public opinion slightly but it won't work in court.

Does anyone know what kind of timeline we're looking at until we find out if it's going to get thrown out?

Also the DA didn't file the complaint that led to an investigation not is she involved in the inditement. So it is very much trying to effect the narrative by spreading untruths.

(I'm sure politifact Texas will rank Perry's statements "mostly true" :rolleyes:)

Nonsense
Jan 26, 2007

Yes Wendy Davis is telling half truths and Ted Cruz being utter scum is pants on fire. Politifact are bozos.

Vahakyla
May 3, 2013
Sadly no prison stint yet.

Otteration
Jan 4, 2014

I CAN'T SAY PRESIDENT DONALD JOHN TRUMP'S NAME BECAUSE HE'S LIKE THAT GUY FROM HARRY POTTER AND I'M AFRAID I'LL SUMMON HIM. DONALD JOHN TRUMP. YOUR FAVORITE PRESIDENT.
OUR 47TH PRESIDENT AFTER THE ONE WHO SHOWERS WITH HIS DAUGHTER DIES
Grimey Drawer
More problems for Perry?

http://www.forwardprogressives.com/facing-indictment-rick-perry-gets-bad-news-new-information-emerges/

Gucci Loafers
May 20, 2006

Ask yourself, do you really want to talk to pair of really nice gaudy shoes?


More news Judge refuses to toss out Rick Perry indictment

Perry's lawyers tried to get the indictment tossed out by saying they're baseless, unconstitutional but the judge disagreed. Perry will go to trial.

Young Freud
Nov 26, 2006

Tab8715 posted:

More news Judge refuses to toss out Rick Perry indictment

Perry's lawyers tried to get the indictment tossed out by saying they're baseless, unconstitutional but the judge disagreed. Perry will go to trial.

It's worth noting that both the judge and the prosecutor are both Republicans, so Captain Goodhair's going to have a hard time claiming a political witchhunt.

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MariusLecter
Sep 5, 2009

NI MUERTE NI MIEDO
Perry is an actual witch though. :v:

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