- Fri Aug 15, 2014 5:07 pm
#44047
AUSTIN – Gov. Rick Perry was indicted on two felony counts for abuse of official capacity and coercion of a public servant late Friday by a Travis County grand jury.
The case stems from Perry’s vetoing the $7.5 million biennial funding for the Travis County Public Integrity Unit last year. He threatened to withhold the money unless District Attorney Rosemary Lehmberg resigned.
In announcing the indictment, special prosecutor Michael McCrum of San Antonio said he felt confident of the charges brought against the governor and was “ready to go forward.”
Mary Ann Wiley, general counsel for the governor, said that Perry is being charged for exercising his rights and power as governor.
“The veto in question was made in accordance with the veto authority afforded to every governor under the Texas Constitution. We will continue to aggressively defend the governor’s lawful and constitutional action, and believe we will ultimately prevail,” Wiley said.
In announcing the indictment, McCrum said that he weighed the duty he had in looking at a sitting governor.
“I took into account the fact that we’re talking about the governor of a state and the Gov of the state of Texas, which we all love. Obviously, that carries a level of importance. But when it gets down to it the law is the law and the elements are the elements and the analysis is whether the facts meet the elements of the offense.
Perry made it clear in public and through emissaries that he didn’t believe the state should fund an office headed by someone who had lost the public’s trust. He pointed to Lehmberg’s April 2013 arrest for drunk driving, which included her video-taped, belligerent conduct while being booked into the jail.
At the time, the Public Integrity Unit, which investigates and prosecutes public corruption and malfeasance, was examining one of Perry’s signature projects. If she had resigned, Perry would have appointed her replacement.
Lehmberg, who had pled guilty, fulfilled her 45-day sentence and completed a treatment program, refused to resign. Perry vetoed the money.
A special prosecutor, Michael McCrum was appointed to look into the case and the current grand jury has been studying the charges since April.
At issue was whether Perry was simply playing typical political hardball or whether he crossed a line by threatening a public official to take an action – resigning – by which he might benefit.
The grand jury is looking at potentially three state statutes: whether the longtime Republican governor tried to bribe a public official into stepping down; if he abused his position by misusing public funding “to obtain a benefit”; or whether he tried to coerce Lehmberg into taking “a specific performance of [her] official duty.”
Perry’s office has defended his actions, saying he exercised his constitutional authority to veto appropriations.
A half dozen of Perry’s staff has appeared before the grand jury, including his budget expert, legislative liaison, deputy communications director and criminal justice advisor.
AUSTIN – Gov. Rick Perry was indicted on two felony counts for abuse of official capacity and coercion of a public servant late Friday by a Travis County grand jury.
The case stems from Perry’s vetoing the $7.5 million biennial funding for the Travis County Public Integrity Unit last year. He threatened to withhold the money unless District Attorney Rosemary Lehmberg resigned.
In announcing the indictment, special prosecutor Michael McCrum of San Antonio said he felt confident of the charges brought against the governor and was “ready to go forward.”
Mary Ann Wiley, general counsel for the governor, said that Perry is being charged for exercising his rights and power as governor.
“The veto in question was made in accordance with the veto authority afforded to every governor under the Texas Constitution. We will continue to aggressively defend the governor’s lawful and constitutional action, and believe we will ultimately prevail,” Wiley said.
In announcing the indictment, McCrum said that he weighed the duty he had in looking at a sitting governor.
“I took into account the fact that we’re talking about the governor of a state and the Gov of the state of Texas, which we all love. Obviously, that carries a level of importance. But when it gets down to it the law is the law and the elements are the elements and the analysis is whether the facts meet the elements of the offense.
Perry made it clear in public and through emissaries that he didn’t believe the state should fund an office headed by someone who had lost the public’s trust. He pointed to Lehmberg’s April 2013 arrest for drunk driving, which included her video-taped, belligerent conduct while being booked into the jail.
At the time, the Public Integrity Unit, which investigates and prosecutes public corruption and malfeasance, was examining one of Perry’s signature projects. If she had resigned, Perry would have appointed her replacement.
Lehmberg, who had pled guilty, fulfilled her 45-day sentence and completed a treatment program, refused to resign. Perry vetoed the money.
A special prosecutor, Michael McCrum was appointed to look into the case and the current grand jury has been studying the charges since April.
At issue was whether Perry was simply playing typical political hardball or whether he crossed a line by threatening a public official to take an action – resigning – by which he might benefit.
The grand jury is looking at potentially three state statutes: whether the longtime Republican governor tried to bribe a public official into stepping down; if he abused his position by misusing public funding “to obtain a benefit”; or whether he tried to coerce Lehmberg into taking “a specific performance of [her] official duty.”
Perry’s office has defended his actions, saying he exercised his constitutional authority to veto appropriations.
A half dozen of Perry’s staff has appeared before the grand jury, including his budget expert, legislative liaison, deputy communications director and criminal justice advisor.

