No arrest warrant to be issued for Texas governor

Judge decides to issue summons for Perry to appear in court
Associated Press
Aug 18, 2014

 

A judge has decided not to issue an arrest warrant for Texas Gov. Rick Perry, a court official said Monday, meaning the Republican can continue traveling the country and gearing up for a possible 2016 presidential run despite being indicted on two felony counts of abuse of power.

Perry on Friday became the first Texas governor since 1917 to be indicted, and he's facing charges that carry a maximum sentence of 109 years in prison for carrying out a threat to veto funding for the state's public integrity unit. But Linda Estrada, a Travis County grand jury clerk, said that the judge overseeing the case, Bert Richardson, decided against issuing an arrest warrant.

Perry will receive a summons which has not been issued yet and won't be until his defense attorney and the state set a date for him to appear in court. Estrada said the governor will eventually have to be booked and fingerprinted. She wasn't sure about a mug shot, though cases similar to Perry's have warranted them in the past.

Michael McCrum, the special prosecutor leading the case against Perry, did not respond to repeated messages for comment. But he told The Houston Chronicle that a summons rather than an arrest warrant wasn't unusual since the governor poses no flight risk — and that it did not constitute special treatment.

Perry is going forward with plans to visit three early presidential battleground states in the next two weeks, while attempting to rally conservatives to his cause, saying the indictment is symbolic of government overreach.

"This is not the way that we settle differences, political differences in this country," Perry said in an interview with "Fox News Sunday."

Perry's office didn't immediately respond Monday to messages seeking comment on the summons.

Still, for Perry, who stumbled in his 2012 presidential campaign, the allegations could pose a distraction and complicate his attempts to gain a second look from Republicans in early voting states such as Iowa, New Hampshire and South Carolina. The details of the prosecution and timing of any trial remain unknown, and it is unclear how Republican activists will respond to a presidential candidate who has been indicted.

Aides said Perry planned to maintain his public schedule, including a Thursday speech on immigration at the Heritage Foundation in Washington, and then a visit to New Hampshire next weekend. The governor is scheduled to appear at a slate of activities there: events in Portsmouth, Manchester and Nashua on Friday, followed by a rally Saturday in Stratham and Republican gatherings in Rochester and Chichester.

Later this month, Perry is expected at a larger Americans for Prosperity gathering in Dallas, which will also feature Kentucky Sen. Rand Paul and Texas Sen. Ted Cruz. Then he plans to be in South Carolina on Aug. 27-28 for appearances that include a college football game at the University of South Carolina against Texas A&M, Perry's alma mater.

Perry is scheduled to return to Iowa, home of the nation's leadoff presidential caucuses, on Sept. 1-2, and then departs on a weeklong Texas trade mission to Japan and China, which will include stops in Beijing and the World Economic Forum in Tianjin.

Potential 2016 presidential rivals such as former Florida Gov. Jeb Bush, Louisiana Gov. Bobby Jindal and Cruz have denounced the indictment and Republicans have said the facts of the case could prompt conservatives to rally behind Perry.

"Nobody wants to get indicted but the basis of the indictment is so preposterous that ultimately it could be a political benefit," said Phil Musser, a former executive director of the Republican Governors Association.

A Travis County grand jury indicted Perry for carrying out a threat to veto $7.5 million in funding to the state's public integrity unit, which investigates official wrongdoing and is led by a local district attorney, Rosemary Lehmberg, an elected Democrat, unless she resigned following her arrest and conviction for drunken driving.

McCrum was assigned to investigate the veto following a complaint filed by a left-leaning watchdog group.

Conservatives note that a video recording made at the jail showed Lehmberg shouting at staffers, kicking the door of her cell and sticking her tongue out at deputies.

"A public official getting drunk and arrested is something we have experienced in South Carolina and the base voters will award Perry for standing firm," said Katon Dawson, a Perry ally and former South Carolina GOP chairman. "Plus, Rick has friends in South Carolina who are with him and that matters."

 

Comments

The Big Dog's back

Tag'em and bag'em.

just observing

The video of the drunk prosecutor that caused his shame, must have brought back memories for you.

freespeech1

Like perry hasn't done what your messiah has done countless times. Your an idiot

coasterfan

And.....another GOP presidential candidate removes himself from contention.

just observing

Coaster don't be so sure...

http://newsbusters.org/blogs/mik...

coasterfan

Oh, I'm sure. Perry's worst enemy is himself. He got flayed during 2012 debates, and when you have the ability to actually make Sarah Palin sound less stupid, you're not presidential material.

The New World Czar

Indictment => Political Scud Missile
"Keep Austin Weird" they say...

just observing

Scud missile= easy to shoot down,usually miss their targets, no guidance system.
When this case is dismissed in an early motion hearing, and it will be exposed as a cheap political trick, Gov. Perry will be a stronger candidate as a victim of an out of control liberal machine.

The New World Czar

This will also bolster Greg Abbott's gubernatorial campaign to succeed Perry in the Republic of Texas.

Nor'easter

Sometimes it seems like there isn’t a single political issue that a Soros-funded group isn’t involved in. Texans for Public Justice, one of the groups behind Rick Perry’s indictment charges, is part of a “progressive” coalition that has received $500,000 from liberal billionaire George Soros.

Read more: http://newsbusters.org/blogs/mik...

The Big Dog's back

And newsbusters receives their funding from exxon-mobil.

The Big Dog's back
arnmcrmn

Exxon mobil is a publicly traded stock, GS is one person. Fail dog, again.

meowmix

And the Koch brothers are two.

arnmcrmn

off topic rhetoric.

Ralph J.

In Praise of Fair-Minded Liberals
Harvard Law Professor Alan Dershowitz, who said in an interview that he was “outraged” over the indictment of Perry on charges of abuse of power and coercion. The indictment is, Dershowitz told Newsmax.com, politically motivated and an example of a “dangerous” trend of courts being used to alter the results of the ballot box.
http://www.commentarymagazine.co...
Dershowitz: Perry Indictment 'What Happens in Totalitarian Societies'
http://www.newsmax.com/Newsfront...

knowitall

Could be Ralph J. I dislike the political crap that both parties go through to discredit the other. They all are like little kids. However, Perry has done three things well......I can't remember them now.

coasterfan

Newsmax. What a surprise that a rightwing "news" outlet would stick up for Perry.

Actually, PERRY'S behavior is what we would expect to see in a totalitarian society. Which is why he has been indicted. America deserves better than Rick Perry. Heck, even Texas deserves better.

The Hero Zone's picture
The Hero Zone

Gotcha. Next time our President issues a veto threat I'll be sure to note your sentiment.

Enjoy some totalitarian society as reported by Huffington Post (hardly rightwing "news"):

http://www.huffingtonpost.com/ta...

Babo

News Max is reporting the views of the usually extremely liberal legal scholar Dershowitz. The professor is correctly pointing out that only tyrannical regimes criminalize political speech and that the actions of the Travis County DA's office are unconstitutional and dangerous.

Liberal and conservative legal scholars and First Amendment groups agree that criminalizing political speech and other expressions of political views such as exercising a veto are unconstitutional and dangerous threats to our way of life. I expect we'll see the ACLU and conservative legal public interest groups join in support Governor Perry's motion to dismiss the indictment as politically motivated by the filing of Amicus briefs or an attempt to remove the case to federal court as violating the First Amendment.

On a personal note it is dismaying to me that so many people are ignorant of the dangers posed by this type of overreach by state prosecutors and blindly support indictments for political expression based on politics alone without any critical thought process.

The Big Dog's back

Dershowitz also believes that only Jews are the good guys in the present conflict.

ohioengineer

Absolutely amazing! Although I am still waiting for the Sandusky Register to run its very first article about the IRS scandal - which by the way affects every taxpayer in the nation - it took the editor of this paper less than 24 hours to decide to cover this very "pertinent" story for its Erie County readers. Apparently a fight over Texas politics is more important to northern Ohio readers than a government agency which has admitted to targeting taxpayers based upon their political beliefs. Wow! Talk about having the interests of your readers at heart.

While I expect a certain amount of journalistic favoritism in this day and age, the Sandusky Register has shown itself to be so incredibly biased as to have lost all credibility as a responsible news source.

B0ttom Line

You're exactly right. And you're probably going to get banned for saying it.

coasterfan

The reason for that is that the IRS "scandal" was a classic mountain out of molehill.

First off, the IRS' oversight committee exists to prevent groups with obvious political leanings - especially those that exist specifically to advance partisan causes - from qualifying for tax exempt status, as outlined under the law.

Both Democratic-leaning and Republican-leaning groups were investigated, although all the rightwing media would have you believe that only conservative groups were being singled out. The funny thing is: only one group was actually censured, and it was a Democratic leaning group. Betcha Fox didn't report that little tidbit, huh...

Because the IRS targeted BOTH GOP and Democrat groups, by definition, they cannot truthfully be accused of singling out either party. It was a complete non-scandal.

I know, I know. The GOP has been frothing at the mouth for years, hoping to embroil the Obama administration in some sort of scandal. And when one didn't appear, they've been busy manufacturing them.
Even if they had singled out only GOP groups, compared to Watergate and Iran Contra, the 2013 IRS situation absolutely was a molehill.

Finally, SR absolutely did the right thing by reporting the Perry situation. It's not often that a likely presidential candidate gets indicted. This is big news - you may have noticed that even Fox News reported on it (although they hid it way down the page, as they usually do, anytime a prominent Republican does something stupid).

Donegan

http://poorrichardsnews.com/post...
For a non-scandal the IRS admitted wrongdoing. Only a government hack would ignore the facts. I wonder when the IRS targets you will you claim its alright because its been done before or will you be a typical liberal and scream bloody murder? My bet is on the later.

Babo

@ Ohio Engineer:

I agree with you that IRS scandal is important. However, I hope the SR is running this story not because of a liberal D bias but because the newspaper recognizes an important First Amendment issue concerning abuse of power to suppress and or chill political expression by punishing its expression.

This indictment in Texas is the natural result of a complacent citizenry and media that have allowed the criminalizing of political speech in this country since 911. I for one, hope the high profile nature of this case will result in serious legal review even prosecution of the prosecutors who filed this sham indictment for abuse of power.

arnmcrmn

Only in the liberals mind is the IRS scandal a mole hill, but a Texas drunk DA who has been asked to resign a mountain. Funny people aren't they?

Babo

Yes, they're a laugh a minute but also very dangerous. Locally, Democratic prosecutors in Ottawa, Erie and Cuyahoga Counties were able to incarcerate a local attorney/businesswoman for reporting their alleged involvement in corrupt activity including alleged sexual and drug abuse, theft in office and case manipulation to the government.

The Big Dog's back

Substantiated FACTS would have been a good thing to have, not innuendos. Gee, even the Repub appeals court didn't see your, I mean her view. Shootin' from the hip is not a good thing.

Babo

The facts were there from eyewitnesses and or official documents but the Court of Appeals in Cuyahoga County (8th District -Democratic) and Lucas County (6th District and Democratic) choose not to see them as many of them are mixed up in the same sort of misconduct nor the fact that the US Constitution was trampled in the process.

For example, Baxter couldn't even win a civil libel case against this newspaper in 2009-2010 because there was credible evidence from an eyewitness that he did in fact use cocaine just as this newspaper published but when the lawyer/businesswoman calls him out on it at a public meeting based on the same eyewitness statements given to BCI in late 2001 she was charged with falsification in early 2002.

FYI, there's no statute of limitations on a perjury count when it's a prosecutor still in office misusing his office and lying under oath to wrongfully convict an innocent person that exposed his wrongdoing.

Do try to keep up and get your facts right.

The Big Dog's back

Elsebeth Baumgartner convicted
Posted By Pete Kotz on Thu, Nov 16, 2006 at 6:00 PM

Elsebeth Baumgartner may the most annoying woman alive. What started a decade ago as a beef over her daughter getting benched by her high school cross-country coach has spiraled into an all-out assault on the legal system in Ohio. She's sued literally everybody in her path — judges, prosecutors, former friends — leveling bizarre accusations ranging from child-sex rings to cocaine-smuggling to drunken exploits at Put-In-Bay. Among her many adventures, Baumgartner has been a prisoner, a fugitive leading police on a high-speed car chase, and a patient in a mental hospital. But no one's been able to shut her up. Yesterday Baumgartner was convicted of sending intimidating e-mails to a judge who presided over cases in which Baumgartner was being sued for defamation. And thanks to a little-known 1996 law called the "paper terrorism" statute, she now faces 75 years behind bars for her crimes. But even that won't silence her. She told a Plain Dealer reporter after the sentencing that she intends to take her case all the way to the U.S. Supreme Court. And trust us, she means it. — Jared Klaus

Babo

LOL, that's the best you've got...an article from Cleveland Scene from a liberal lawyer like Dershowitz that you hate replete with hyperbole and false statements?

Her allegations don't sound far fetched to me in view of recent stories such as:

1) a Trooper teaching a 12 year old boy how to masturbate.

2) Baxter losing a libel case based on an eye witness statement of a person present on his cocaine travels to and from Florida.

3) Reports of alleged police misconduct and alleged doping of drinks at PIB to obtain sex.

4) Alleged manipulated grand juries to protect official misconduct.

And how about this.. the US Supreme Court recently agreed to take a case from Pennsylvania on what constitutes a true threat under First Amendment jurisprudence on the internet. (See Elonis v United States) Looks like there's a very strong possibility that Baumgartner's case given that it contains the identical issue might also be heard.

In any event dog..you of all people ought to pray she prevails because your postings on here contain false statements and would violate the same statute and could cause you to be indicted for "intimidation".

The Big Dog's back
Babo

So what it's a void judgment. She claimed all along she was telling the truth and that the public officials and judges seeking to shut her up about their alleged misconduct were lying. Any case outcome that was obtained by fraud on the court such as perjury by an officer of the court (Baxter lied at this hearing when he denied ever using cocaine under oath) is void.

A lot has come out since this decision to prove she was telling the truth all along and many of the allegedly corrupt judges and others in positions of power who enabled this miscarriage of justice have died and faced the only Judgement that matters. I expect this case like her convictions to be vacated in federal proceedings.