Rick Perry veto controversy

Rick Perry veto controversy
Perry in 2014.
DateAugust 15, 2014
CountyTravis County, Texas
Indictment ChargesAbuse of official capacity
Coercion of a public servant
PleaNot guilty
JudgeBert Richardson
ProsecutorMichael McCrum
OutcomeProsecution ruled unconstitutional by the Texas Court of Criminal Appeals

On August 15, 2014, Texas Governor Rick Perry was indicted by a Travis County grand jury, but has since been cleared on all charges.[1][2][3] The first charge of the indictment was abuse of official capacity, a first-degree felony, for threatening to veto $7.5 million in funding for the Public Integrity Unit, a state public corruption prosecutors department. The second charge, which has since been ruled unconstitutional,[4] was coercion of a public servant, a third-degree felony,[5] for seeking the resignation of Travis County District Attorney Rosemary Lehmberg, a Democrat,[6] after she was convicted of drunk driving and incarcerated. Lehmberg was a district attorney in Travis County, Texas, and the Travis County DA's office managed the Public Integrity Unit's operations. The veto was seen as retribution for Lehmberg not stepping down. Perry pleaded not guilty to both charges.

On July 24, 2015, the Texas Third Court of Appeals dismissed the indictment for coercion of a public official on the basis that the indictment violated Perry's First Amendment rights to free speech.[4] The indictment for abuse of power, a charge which his lawyers said is a misdemeanor,[7] was likewise dismissed, in February 2016.[2][8]

  1. ^ Malewitz, Jim; Ramsey, Ross (February 24, 2016). "Texas Court of Criminal Appeals Dismisses Rick Perry Indictment". Texas Tribune. Austin, Texas. Retrieved February 25, 2016.
  2. ^ a b Dann, Carrie. "Texas Court Dismisses Second Felony Charge Against Rick Perry", NBC News (February 24, 2016).
  3. ^ Benjy Sarlin (August 12, 2014). "Rick Perry indicted for abuse of power by grand jury". MSNBC. Retrieved August 17, 2014.
  4. ^ a b Svitek, Patrick (July 24, 2015). "Appeals Court Rejects One Count in Perry Indictment". Texas Tribune. Austin, Texas. Retrieved July 24, 2015. The 3rd Court of Appeals in Austin specifically found a problem with a count alleging that Perry coerced a public servant when he threatened to veto state funding for a unit of the Travis County district attorney's office.
  5. ^ "Texas Gov. Rick Perry indicted for alleged abuse of power in veto dispute". Fox News. October 1, 2006. Retrieved August 17, 2014.
  6. ^ Manny Fernandez (August 15, 2014). "Gov. Rick Perry of Texas Is Indicted on Charge of Abuse of Power". The New York Times. Retrieved August 20, 2014.
  7. ^ Scott, Eugene (July 24, 2015). "Court dismisses one criminal charge against Perry". CNN. Atlanta, Georgia. Retrieved July 26, 2015.
  8. ^ Ex Parte Perry, PD-1067-15, Texas Court of Criminal Appeals (February 24, 2016).

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