Wednesday, 20 August 2014 14:06

Texas Governor Rick Perry Booked on Abuse of Power

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On Tuesday, August 19, Texas Governor Rick Perry (shown) appeared and was booked on two felony charges of Abuse of Official Capacity and Coercion of Public Servant. The bone of contention in this controversy was Perry’s veto of the $7.5 million appropriation for the Public Integrity Unit (PIU) of the Travis County District Attorney’s Office unless Travis County District Attorney Rosemary Lehmberg resigned. Perry justifies his action, taken in June of 2013 during the legislative session, based on Lehmberg’s behavior while under arrest for DWI and his veto authority as granted to the governor in the Texas Constitution. If Lehmberg resigns, her successor will be appointed by the governor. Lehmberg is not expected to run for re-election in 2016. If that is the case, and she remains in office for the remainder of her term, her successor will undoubtedly be the winner of the Democratic Primary as Travis County is a Democrat stronghold.

Count I of the two-count indictment is based on Section 39.02 of the Texas Penal Code, Abuse of Official Capacity. The indictment says Perry “intentionally or knowingly misused government property by dealing with such property contrary to an agreement under which defendant held such property or contrary to the oath of office he took as a public servant.”

While most of the controversy reported in the news media has centered around the dispute between Perry and Lehmberg, the indictment brings to light the fact that Texas has a law against public servants misusing taxpayer resources. In Texas, the term "public servant" applies to political officeholders as well as government employees and appointees.

Here is an excerpt from Section 39.02:

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 ... misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody by virtue of the public servant’s office or employment.

The full text of Section 39.02 can be found here.

But what about the recent invasion of almost 50,000 illegal immigrant children, many of whom came into the United States via Texas? Many of them are being taken care of and transported to numerous locations using taxpayer resources. Governor Perry, far from being powerless to do anything about these illegal immigrants once they are in the country, has the power to instruct law enforcement officials in Texas to enforce this law against government employees and political officeholders who are using Texas taxpayer resources to aid this illegal immigrant invasion.

If Perry’s veto of the PIU appropriation unless Lehmberg resigned can be construed as a misuse of taxpayer resources, surely the use of taxpayer resources to house, feed, transport, and hide these illegal immigrant minors from law enforcement and the people of Texas can be construed likewise. While he’s at it, Perry could also instruct Texas law enforcement officers to enforce Texas law against harboring fugitives. Let’s see what that looks like when the people arrested show up for booking.

Photo of Governor Rick Perry arriving at the Blackwell Thurman Criminal Justice Center in Austin, Texas: AP Images

6 comments

  • Comment Link Kerry Penn Sunday, 24 August 2014 11:05 posted by Kerry Penn

    Just another Democrat dirty trick, trying to discredit their opposition.

  • Comment Link Heidi Preston Thursday, 21 August 2014 11:42 posted by Heidi Preston

    Integrity Definition
    dictionary.search.yahoo.com
    n. noun

    Steadfast adherence to a strict moral or ethical code.

    a leader of great integrity.

    The state of being unimpaired; soundness.

    Rosemary Lehmberg disqualifies herself as being of "strict moral or ethical code..a leader of great intergrity" and therefore has lost the confidence of trust to do her job properly which has within it the guidelines of moral conduct. Through out the video she is concerned about her job but doesn't mention about the quality of her job as she feels "they" are ruining her career (it's not her that is ruining her career..it's "them") and keeps asking for assistance to guy named Gary as if "preferential" treatment is in accordance with her status of official servant. She's out of control when drunk and doesn't need to be a leader for the the Public Integrity Unit (PIU) of the Travis County .
    This is just pay back for Rick Perry doing his job properly and taking money, time and distraction from more important issues at hand. Rosemary Lehmberg should have just resigned but she's a fighter as the tapes show and that's her moral high ground upon which she stands, which is pretty fragile to say the least. Not a fan of Rick Perry but he's correct on this one.

  • Comment Link Nora Wednesday, 20 August 2014 22:35 posted by Nora

    Congress is the problem! Some of them are so corrupt, like Harry Reid, that they think they can get away with anything. Others are being blackmailed by the CIA for things they were stupid enough to brag about in emails or on the phone. Some think Obama will protect them and they'll have a future in the new world disorder. Like I said, congress is the problem. It is indeed time to arrest the lot of them and seize their ill gotten gains.
    Tom Delay went to prison. His assets were frozen. We need to repeat that process with the criminals in congress and then clean out the CIA, FBI, etc and dismantle those unlawful, unconstitutional agencies. It isn't hopeless, but unless we get involved and do something, nothing will change.

  • Comment Link Norman Baillie Wednesday, 20 August 2014 18:39 posted by Norman Baillie

    Does this open the flood gates on a Grand Jury going after the WH, EPA, JD et al abuse of power? Let us hope so.

  • Comment Link Joyce Wednesday, 20 August 2014 18:00 posted by Joyce

    Obama and all his czars and appointees should already be imprisoned, for they have abused the power not granted to them by the Constitution, or anyone else except the
    elitists behind the one world global government, aka the new world order. They have committed crimes against humanity, high treason, fast and furious gun walking program, drug trafficking, importing illegal alien immigrants, Benghazi crime and cover up, collaborating with terrorists, and Obama has even placed American hating Muslim Broltherhood members in sensitive positions in the federal government.

    Congress still does nothing to stop them. Time to arrest the whole bunch for treason and crimes against humanity, and proceed with trials for all living presidents, including the present fraudulent usurper, and all of their appointees.

    Why is Congress now scrambling to remove the death penalty for treason?????

  • Comment Link Margie Anglen Wednesday, 20 August 2014 17:59 posted by Margie Anglen

    I have not been a Rick Perry fan in the past. However, with his sending the National Guard to help the Border Patrol and now this, I may become one. I have this to say to the female drunken sailor, you have just given Rick Perry more free publicity than he could have ever ever paid for without you. Way to go! Another point I want to make is that the Texas State legislature upheld Perry's decision. He did not do this alone.

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