The Perry scandal behind the indictment

[deminks]

I was curious this morning on UP with Steve with Steve kept cutting off his guest talking about the Perry indictment every time the guest mentioned a cancer fund scandal.

Rick Perry's Cancer Slush Fund Executive Indicted

http://www.dailykos.com/story/2013/12/06/1260701/-Rick-Perry-s-Cancer-Slush-Fund-Executive-Indicted#

There's been a scandal brewing for some time regarding the Cancer Prevention Research Institute of Texas (CPRIT). See a report at firedoglake a year ago after it became clear the agency, which was created to fund cancer research in Texas, was redirecting millions to GOP donors:

(snip)

Cobbs’ indictment came six months after Perry used a line-item veto to take away state funding for the Public Integrity Unit because Travis County District Attorney Rosemary Lehmberg wouldn’t resign. See more at http://watchdogblog.dallasnews.com/...

This indictment could lend a boost to Wendy Davis' run for govenor against Greg Abbott, because of his involvement. And there may be more to come.

(end snip)






Everything You Need to Know* About Rick Perry’s Newest Scandal

http://www.texasobserver.org/everything-wanted-know-rick-perrys-new-scandal/

He may not keep that low profile for that much longer, though. A little scandal from the doldrums of last summer is roaring back to life, and Perry faces the threat of criminal charges over accusations that he tried to force the Travis County district attorney to resign. There’s the added intrigue over the allegation that Perry’s aim was to kill an investigation into the scandal-plagued Cancer Prevention and Research Institute of Texas (CPRIT). It’s one little thread in the well-worn sweater of Gov. Perry’s long tenure in office, but it threatens to damage his presidential ambitions.

With stories like these, which build up and fade over long periods of time, it’s difficult to follow what’s really going on. Many people—including more than a few national reporters—seemed surprised to learn this week that the longest-serving governor in Texas history may be facing indictment. We hope this primer helps catch you up on the story so far.

(snip)

What’s more, the Public Integrity Unit was in the process of conducting an investigation of the Cancer Prevention and Research Institute of Texas. CPRIT received a ton of money from the Legislature to award grants to high-level medical research projects. The problem: a lot of that money was going to people who shouldn’t have gotten it. And some of those folks had close ties to Perry. Just a few months ago, Lehmberg’s office indicted CPRIT’s former director over his allegedly improper disbursement of an $11 million grant. But when Lehmberg got pulled over with the potato juice in her car last spring, the investigation was just underway.

When Lehmberg’s DWI went public, Republicans saw a way to get rid of a pesky, entrenched foe. (Though they couched this in terms of their deep, abiding concern for the office’s integrity.) Meanwhile, Democrats who would have happily seen Lehmberg canned if the Travis County Commissioners Court could have appointed her replacement rallied around Lehmberg as if she was the last warrior for righteousness on Earth.

But what did Perry do, exactly?

He threatened, publicly, to use his line item-veto power to zero out the Public Integrity Unit’s budget. Since that part of the Travis DA’s office played a statewide role, it was funded by the state. This kind of threat isn’t unusual. Executives use veto threats all the time to get what they want. The difference this time was that Perry had the audacity to do it all publicly. It’s unusual for an elected official to bully another elected official into resigning. And when threats didn’t work, he followed through on it. At the end of last year’s legislative session, Perry eliminated the entirety of the Public Integrity Unit’s funding–some $8 million over two years. Money that was going to investigate, in small part, his own party’s mismanagement of state government agencies, including alleged corruption in CPRIT.

(end snip)

So, no, the charges aren't bogus. The focus should not be on the first offense of the Democrat on the Public Integrity Unit, but on Perry and his dipping into cancer funds.

(The links are older, but I and others thought the info was important. This indictment should not have been a surprise to those who were paying attention.)

This is a repost from a reply I made here:

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=5399580

[winter is coming]

1. Thanks for making this an OP.

It was an appropriate response in the other thread, but this info should be more widely seen.

[cheyanne]

2. Here is legal analysis of the indictments by a lawyer.

http://www.washingtonpost.com/news/volokh-conspiracy/

It's the only one I can find so far.

[razorman]

15. I'm not a legal expert, so I cannot speak to the validity of the indictment. But,

it is apparent that, regardless of how all this turns out, Rosemary Lehmberg has been thrown under the bus by the prosecutors who are chasing Rick Perry. I live on the east coast, so until this indictment was released, I had never heard of her or the DUI incident. Now, the video of her arrest has been made public, forever ruining her public image. Perry's defense obviously will make heavy use of the video. Of course, this should not stop the prosecutor from seeking justice if Gov. Perry abused his power. But I am sure that Ms. Lehmberg would prefer that it all simply went away.

[spanone]

3. K&r...

[Erich Bloodaxe BSN]

4. I was watching that Up segment as well, and I don't understand why

Steve, and so many other Democrats, seem to think there is something 'weak' or 'lacking' in this case. While the governor of Texas does have enormous power with the line-item veto power, it's not 100% bulletproof if it's used in violation of other laws. In this case, Texas specifically has laws on the books about trying to coerce governmental employees, and that's EXACTLY what Perry publicly proclaimed he was doing. Being so stupid that you proclaim in public that you're going to commit a crime is no defense of that crime. There's not even a shade of grey here - Perry specifically noted that he was going to use the power of his office to strongarm a public official to act in a certain way, probably so that he could then appoint a successor who would do whatever he wanted. It's nakedly political, and nakedly contradicts the laws under which he was indicted, and he said exactly that his intent was to do what he did, and violate those laws. Open and shut case, and one that could never have been brought if he'd simply kept his mouth shut.

Edit: From a link given by another commenter.

Texas Gov. Rick Perry has been indicted for violating Texas Penal Code § 36.03, which provides:

A person commits an offense if by means of coercion he … influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty ….

(Gov. Perry was also indicted under another statute, which I won’t discuss in this post.) Texas Penal Code § 1.07 in turn defines “coercion” to mean,

a threat, however communicated:

(A) to commit an offense;
(B) to inflict bodily injury in the future on the person threatened or another;
(C) to accuse a person of any offense;
(D) to expose a person to hatred, contempt, or ridicule;
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.

It's completely obvious that Perry indeed did attempt to influence a public servant under definition F of the cited code.

[bigdarryl]

5. There trying to hard to not seem bias(looking like the so called liberal media) by being bias

That's the problem with all these news organizations they have gone to far the other way making republicans and rightwing politics look favorable

[deminks]

6. I haven't figured that out yet either,

unless they just don't don't want to be embarrassed by the head of the Public Integrity Unit. Then they just need to stop making that the focus. The real story here is Perry cancer slush fund. Perry could have skated with just the head of the fund indicted. But no, he had to cover it up by getting rid of the unit investigating. It's always the cover up.

[dixiegrrrrl]

14. "It's always the cover up. "

Yep.

Now, if the women in charge of the Public Integrity Office can avoid small planes...........

I can hear the plotting now..

"Look, she has had a highly publicized DUI once.
No one would be surprised if she was found in a fatal car accident at 2 am some morning and reeked of alcohol".

[Avalux]

11. Good summary. The law is the law. n/t

[UTUSN]

7. R#11 & K n/t

[madokie]

8. I feel sorry for the people in texas

for having to put up with the likes of their governor. Likewise I feel sorry for us Okie's who have to put up with the likes of our governor, marry Fallin.
Joe Dorman just might be replacing her sorry ass come November. He sure seems like a good guy with my interest at heart.
My state representative Ben Sherrer endorsed Joe recently too and I know for a fact that Ben is one hell of a good dude with my interests at heart.

[Gothmog]

9. This scandal has been around for a while

The Davis campaign will be using this in the general election

[L0oniX]

10. Rick Perry works for Satan!

[jimmil]

13. Perry IS Satan.

Our last two chief executives have tails and pointy horns.Old helmet head keeps his covered with hair.

[Spitfire of ATJ]

12. Make sense,...Perry is a cancer and that money was for cancer so he figured it was his.

[Enthusiast]

16. Typical criminal Republican fuck.

[sorefeet]

17. So, how long does it take

to get the ball rolling???? When will he actually be in front of a judge or a trial start?? Is this like Christie, they seem to just go on with a normal life. It just drops from the news. Look at Scott Walker and Rick Scott. Will anything ever happen. Are they actually closing in on Cheney is why Liz is so desperate. Does the hammer of justice come down on the big boys protected by Koch.