Abuse of power, Texas style

the Governor of Texas is now under investigation, so far for abuse of power, as he vetoed funding for the Ethics enforcement unit be ause the Democratic DA of Travis County refused to resign after a DWI.

Perry, who easily rivals some of our native dipshits, threatened to veto the bill that funds the unit -- the same unit that brought down Tom DeLay -- if DA Rosemary Lehmberg didn't resign. It would have left HIM to appoint a new District Attorney to police him and the Texas Legislature.

When he made the threat, people hit the high notes nationwide. Lehmberg, who did her time, went to rehab, apologized to the people of Texas and complied with every aspect of "paying her debt to society," refused to step down.

Perry vetoed the bill.

You folks think shit rolls downhill from Washington? WRONG!!!

Here's the story of one dipshit's arrogance and a use of power:

http://www.statesman.com/news/news/s...to-vow/nYLQQ//


Perry vetoes ethics unit funding after Lehmberg does not resign
By Mike Ward
American-Statesman Staff

Gov. Rick Perry made good on a promise Friday to veto state funding for the Austin-based statewide ethics-enforcement unit after Travis County District Attorney Rosemary Lehmberg refused to resign in the wake of a drunken driving conviction.

The decision means that more than 30 prosecutors, investigators and support staff could be out of work come Sept. 1, unless Travis County officials decide to pick up the funding. The fate of the unit’s 400 pending cases and investigations also is in doubt.

“Despite the otherwise good work (of) the Public Integrity Unit’s employees, I cannot in good conscience support continued state funding for an office with statewide jurisdiction at a time when the person charged with ultimate responsibility of that unit has lost the public’s confidence,” Perry said in his veto message.

“This unit is in no other way held accountable to state taxpayers, except through the state budgetary process. I therefore object to and disapprove of this appropriation.”

Gregg Cox, the head of the unit, said he was “disappointed” by Perry’s decision. He had no further comment.

Earlier: Gov. Rick Perry violated state laws prohibiting coercion of officials by vowing to veto ethics-enforcement funding unless Travis County District Attorney Rosemary Lehmberg resigns, a watchdog group alleged in a complaint filed Friday morning with prosecutors.

Texans for Public Justice filed the complaint with Lehmberg’s office, alleging Perry’s pledge constitutes a violation of abuse of office, coercion of a public servant, official oppression and potentially the state’s bribery law.

Officials with the office of Travis County Attorney David Escamilla said they had not seen the complaint, and had no immediate comment. Gregg Cox, head of the Public Integrity Unit that investigates allegations of wrongdoing by public officials, said it would not investigate the complaint.

“It’s clear, it would not be appropriate for us to have any role in this,” Cox said. “If the county attorney’s office does not handle it, then we would refer it to an adjoining county.”

At a Capitol bill-signing ceremony, Perry would not discuss the complaint, nor say whether he plans to veto state funding for the unit.
“I know I haven’t finalized looking at everything in the budget yet, so making pronouncements about the budget before they get to see the final outcome is a little premature,” Perry said.

“We’re going to make a decision about this budget, and Travis County is going to have to make a decision about whether or not they are going to keep a district attorney who obviously has some real problems. People who have looked at the videos (of Lehmberg’s arrest), I think, will come to the same conclusion as most of us – that that was pretty inappropriate activity.”

Authors of the complaint were just as adamant that Perry’s threat was inappropriate.

“Gov. Perry has no legal authority to remove the Travis Country District Attorney from her job,” said TPJ director Craig McDonald. “Threatening to take an official action against her office unless she voluntarily resigns is likely illegal.”
He continued: “The governor overstepped his authority by sticking his nose in Travis County’s business. A legal process is currently underway. That process alone should determine the fate of the District Attorney.”

“Governor Perry’s official threats attempt to obtain two things that he can’t achieve through legal democratic means. First, to remove an elected Democrat and replace her with an appointed Republican DA. Second, to wipe out the state’s public corruption watchdog, which is currently investigating corruption in at least one of the governor’s signature corporate subsidy programs.”

The offenses cited by the ethics-advocacy group range from a Class A misdemeanor to a Class 2 felony.

Perry earlier this week communicated to Lehmberg that be plans to veto about $7.5 million state funding for the Public Integrity Unit in Lehmberg’s office if she does not resign by the close of business Friday.

Many GOP legislative leaders, including Perry, are upset that she did not quit after she was arrested in April for drunk driving. She served a 45-day jail sentence after pleading guilty to the charge.

Lehmberg is a Democrat in a Democrat-leaning county. Perry, a conservative Republican, would appoint a replacement if she resigned.
She earlier said she had no plans to quit.

If Perry vetoes funding for the ethics-enforcement unit, officials have warned that hundreds of ongoing cases and investigations could be jeopardized — including inquiries into fraud in state programs and the investigation of alleged irregularities in the awarding of grants at the Austin-based Cancer Prevention and Research Institute of Texas.

Issues at the cancer fund sparked a legislative investigation last year that resulted in just-passed reforms.

“Rick Perry wants so badly to halt ongoing grand jury investigations into CPRIT and perhaps other criminal inquiries that he’s willing to break the law to get it done,” said Glenn Smith, a longtime Democratic Party activist who is director of Progress Texas PAC.

I'm with Perry on this one, she has no business being a DA.
But I believe if she did resign, Perry should appoint a Democrat as per the voters wishes.
There has not been a Republican DA in Travis county in decades.

all they need to do is review Perrys comments during the nomination and rule him incompetent

Will have to read all this soon for more details on the misfeasance. The Republican Governor of New Mexico has been getting bashed by the courts there for similar abuse of power. My favorite was the insane stuff being indicted in Las Vegas, NV, when I was there a few years ago; blatant corruption and incredibly stupid behavior by the politicos who affirmed their incompetence during testimony in open court. Everyone thought it was 'bad mouthing' and gossip until they testified and admitted everything said was true.

Why is the state paying for Travis County's DA? Shouldn't Travis County be paying for the DA elected in that county?

It's all politics, folks. Nothing new here.

Whine, cry, pull your own hair. Been that way, will be that way.

Cry me a river.

Old Dingus

Why is the state paying for Travis County's DA? Shouldn't Travis County be paying for the DA elected in that county? Originally Posted by pyramider

it's a special investigative unit charged with monitoring ethics in state government. they police the Legislature, hence the unit is funded by the state. or WAS.

This was nothing more than Perry trying to get payback for DeLay and others who were indicted while Lehmberg was first assistant to then DA Ronnie Earle.

Methinks he's trying to avoid some shit that's about to hit the fan by shutting the DA down.

Oh, and Dingus...you think this is "cry me a river" material? obviously you haven't read much of the hysteria posted in the forum every day. or you support Rick Perry.

My only concern is that if he vetoes the funding, who is going to investigate why the salamanders are not being protected in Barton Creek ... and why more endangered salamander species are not being found to protect.

A silver bullet in the heart of every wimpy, "do-as-I-prosecute-and-NOT-AS-I-DO" liberal in Austin. The mug shot:



Trash Perry and the Texas legislature all you want, but if it were not for a fortuitous oil boom in North Dakota right now, Texas would lead the nation with an ever improving economy, reducing government (which this move will do), and reducing taxes on businesses in the State to increase the number of businesses moving to Texas (which will further increase job growth).

"Politics"? Sure it is. The most political city in this State .. whines ... "politics"?

But more importantly, do you want a convicted drunk driver prosecuting other drunk drivers?

Apparently the liberals don't have a problem with that ... at least some of the time ..

http://archives.cnn.com/2000/ALLPOLI...dui/index.html

or .....


The "back story"....
From KXAN

"AUSTIN – Travis County deputies arrested District Attorney Rosemary Lehmberg, 63, on a charge of driving while intoxicated in North Travis County on Friday night.

"According to the affidavit, a citizen called in Lehmberg’s Lexus around 10:45 p.m., saying she was driving in the bike lane for at least a mile on southbound FM 620. She also was seen weaving in out of of traffic. Lehmberg finally came to a stop in front of St. Lukes Church in 5600 block of FM 620.

"The affidavit describes Lehmberg’s demeanor as both polite and excited, insulting and cocky. The smell of alcohol as moderate, and her eyes were bloodshot and watery. She also was described as disoriented with slurred speech. She lost her balance during the field sobriety test and started before the instructions to start.

"Lehmberg said she had two vodka drinks earlier in the evening, as well as a prescribed medication.

- See more at: http://www.dwihitparade.com/tag/dist....4OYYeVoP.dpuf

Now ... guys ... (the liberal ones, who live "close to nature") ...

... "BIKE TRAIL"!!!!

... "INSULTING" AND "COCKY"????

She went off on the arresting officer(s) and jail staff!!!! And there is an ongoing "hit and run" investigation. Apparently her abuse of LE didn't get her a "get out of jail free" card .... as a sitting DA ... so then she "apologizes" ... to save her political ass ....

It would seem to me that if a man can get a DWI, plead guilty, pay his debt to society, go on to run for the US Congress, run for and get elected to be the Governor of Texas twice and then run for and serve two full terms as the POTUS.

Then it stands to reason that a woman should be able to get a DWI, pay her debt to society and at the very least complete her unexpired term as Travis County District Attorney. If she decides to run for another term as the DA, let the voters decide whether she should serve again.

Of course the Republican Governor feels he should have the unrestricted right to play political football with the situation and treat her differently than his predecessor was treated! Perhaps because she is a woman. Perhaps because she is a Democrat. Perhaps both!

It would seem to me that if a man can get a DWI, plead guilty, pay his debt to society, go on to run for the US Congress, run for and get elected to be the Governor of Texas twice and then run for and serve two full terms as the POTUS.

Then it stands to reason that a woman should be able to get a DWI, pay her debt to society and at the very least complete her unexpired term as Travis County District Attorney. If she decides to run for another term as the DA, let the voters decide whether she should serve again.

Of course the Republican Governor feels he should have the unrestricted right to play political football with the situation and treat her differently than his predecessor was treated! Perhaps because she is a woman. Perhaps because she is a Democrat. Perhaps both! Originally Posted by bigtex

And it stands to reason that if a Congressman, Governor, and/or President ...

are tasked with the responsibility of PROSECUTING those for the crime that the Congressman, Governor, and/or President committed .... WHILE IN THOSE OFFICES, then they should not hold those positions ... resign... and then run again to see if the voters want them back into office .....

just my opinion ... of course ... but this politician (the DA) is the chief LE officer in the County of Travis, Texas, and she ATTACKED the rank and file LE personnel who were doing their JOB! ... while at the same time (apparently) was under suspicion of FLEEING (hit and run) from an accident in which she was involved. ......

those elements DO NOT EXIST in fact with regard to

.... anyone who was a candiate for Congressman, sitting Governor, and/or sitting President.

.. and this particular DA presides over "ethics" investigations STATE WIDE!

ETHICS!

So she gets a pass? "Live by the sword, die by the sword."

At least the Harris County DA had the courage and conviction to step down.

And BT, don't play the gender card on this one. Or the sexual preference card. It's irrelevant. It's about ethics.

This board would catch on fire ... if the Harris County DA were caught with a female provider ...in a titty bar getting lap dances ... or a spa getting DATY. She would be tarred and feathered and hauled to the tracks with new rope!

Of course the Republican Governor feels he should have the unrestricted right to play political football with the situation and treat her differently than his predecessor was treated! Perhaps because she is a woman. Perhaps because she is a Democrat. Perhaps both! Originally Posted by bigtex

With all due respect ... I don't know how you know how a "Governor feels" .. but ..

Texas Code of Criminal Procedure:
Art. 2.01. DUTIES OF DISTRICT ATTORNEYS. Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely. When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.


Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Perhaps the Governor of the STATE "feels" the DA cannot ethically represent ...

.. the STATE of TEXAS given her attitude about criminal activity .. OF HERS!

Texas Penal Code:
Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

Texas Rules of .... Conduct ... lawyers:

I seriously doubt that Rosemary Lehmberg has prosecuted a DWI in at least 15 years.

The State is NOT Rick Perry. Hes reacting to a couple of screaming Republican lawyers who want her out. I believe her office is under the supervision of the Attorney General. Hes said nothing on this matter.

at the end of the day, Pwrry's gonna get whacked on his pee pee over this.

I seriously doubt that Rosemary Lehmberg has prosecuted a DWI in at least 15 years. Originally Posted by Yssup Rider

I seriously doubt that Obaminable shot OBL....AT ANY TIME.

YR ... you are smarter than that .... and so is she. That IS the point.

Perry has been re-elected by the voters of the State of Texas for good reason.

The "elmer gantry" of Travis County was not, and won't be. She represents the worst of the worst in politics ... of the "don't do as I do, do as I say" crowd. She ruins people's lives, and she wants a pass.

Like I said: If the DA in Harris County got caught with a provider, getting lap dances, or datying at a spa ... this Board with be on FIRE .. if she didn't resign...ASAP.

Here's your answer:

"...Austin Chronicle ...: "We believe Lehmberg is much better suited to administer the whole range of the district attor­ney's responsibilities, from criminal prosecutions to environmental cases to public integrity investigations, and more simply to manage a major public office with broad institutional responsibilities."

"Friends of Rosemary Lehmbert"

Petition:

"Rosemary Lehmberg has had an extraordinary 36-year career as a Travis County prosecutor, an Assistant District Attorney, and since 2009, as District Attorney. Unquestionably she has developed and maintained one of the best district attorney’s offices in the United States. She served as chief prosecutor in Judge Tom Blackwell’s 167th District Court. She also served as chief of other major divisions in the District Attorney’s office—including the Career Criminal Division, the Major Crimes Division, and the Public Integrity Division. She founded the Travis County Children’s Advocacy Center, and for her work on behalf of child abuse victims, she was named Best Lawyer for Children’s Issues. Under her leadership the Public Integrity Unit has successfully prosecuted both Democrats and Republicans who have violated the public trust.

"We want to have 1,000 signatures to support Rosemary and her years of service to Travis County."

If the Attorney General of the State of Texas wants to take over the Ethics prosecutions, that is fine with me ... in this state he is an independently elected public official (unlike the Attorney General of the U.S.) and can act accordingly .. until her "future" is sorted ... there is only one other elected official from the State of Texas who has acted as she did when confronted with LE .. and that is U.S. Rep Sheila Jackson Lee.

Actually, Lehmberg has been elected DA of Travis County TWICE.

since her conviction, there has been people who falsely claim she hit them that night and fled. those bogus accusations were subsequently thrown out by the court.

She's already been convicted and served her time.

the voters will have their chance to remove her at the end of her term, which is just and proper.

Perry had no right shutting down the entire Public Integrity Division to force resignation. it was blackmail for political reasons, pure and simple.

BTW -- I think she should resign, too. But I think Perry should be prosecuted for his overt abuse of power. And for calling Libya Lebanon...

Actually, Lehmberg has been elected DA of Travis County TWICE.

Perry had no right shutting down the entire Public Integrity Division to force resignation. it was blackmail for political reasons, pure and simple.
Originally Posted by Yssup Rider

I'm not surprised that she was elected 2x's in Travis County.

Perry has every right to veto legislation ... the legislature can restructure and refinance the "Public Integrity Division" ... with new legislation.

Years ago the then Sheriff of Kendall County, Texas, was "removed" from office for "stealing" county property (actually using county road equipment on private property) and then was re-elected by the forgiving people of Kendall County. .. of course, as a convicted felon he was prohibited from possessing a firearm! But they did any way.

Things have changed.

If she wants to run again (she says she is not going to seak another term) then let the Travis County folks have a go at it, but I don't think the Travis County DA's office should be "policing" the state officials throughout the State of Texas, just because they sit in Austin. Let the AG's office handle the "Public Integrity Division" responsibilities.

As for cases getting "thrown out" ... I'm familiar with the "round file" process ... and trying to make logical sense out of which ones get canned and which ones don't. I am no stranger to Travis County "jurisprudence" and other notorious administrators of justice.

Like I said: Live by the sword. Die by the sword.

My beef with her is primarily her "assault" upon the officers and personnel doing their job ... and her arrogance of "assuming" that she was above the law because she was the law. I have zero tolerance for that attitude.

It has its foundation in the mindset, apparently ....


It has nothing to do with her political affiliation or anyone she prosecuted.