2014-08-17

-TRAVIS COUNTY DISTRICT ATTORNEY LEHMBERG’S BOOKING FOOTAGE KOKE FM 042113
-Belligerent Drunk Democrat Rosemary Lehmberg in Charge of ‘Integrity Unit’ Indicts Rick Perry Over a Lawful Veto
Alex Jones: Democrat-Run Media Won’t Say Why Rick Perry Was Indicted
-Rick Perry Responds To Liberals Trying To Destroy Him
-Here’s What Prominent Liberals Think About The Rick Perry Indictment


15 Aug 2014 by Sarah Rumpf

AUSTIN, Texas — A grand jury indicted Governor Rick Perry Friday for his attempts to remove Travis County District Attorney Rosemary Lehmberg from office after she was arrested for driving while intoxicated last year in a case that made national headlines.

In April 2013, Lehmberg was arrested after a witness called 911, describing her as driving erratically, swerving back and forth into the bike lane, and into oncoming traffic. Officers at the scene reportedly found an open bottle of vodka in her car, and a blood sample obtained later that evening purportedly showed a blood alcohol level of 0.239—almost three times the legal limit—even that many hours later.

Not only did her arrest attracted headlines, but her belligerent behavior after she was brought to the police station—all captured on video tape—drew attention, as well. Lehmberg is seen blaming the police for destroying her political career, yelling and insulting them; demanding that they call Travis County Sheriff Greg Hamilton; sticking out her tongue; making faces; kicking at the door to her cell; and eventually getting restrained with leg irons, being strapped to a chair and wearing what is commonly referred to as a “spit mask,” which is usually used when a detainee is spitting or biting. To be fair, the video does not expressly show that happening, and Lehmberg’s defense attorney later claimed that the mask was used to “protect her identity.”

Lehmberg’s sentence, a fine and 45 days in jail, was most likely the highest in history in Travis County for a first-time DWI charge. The investigation into her case also revealed a less-than-flattering picture of her drinking habits. Subpoenaed receipts from Twin Liquors showed her buying 72 bottles of Cirroc vodka—totaling more than 23 gallons—in a 15-month period, and that Lehmberg spread her purchases out among different stores. This amount only covers purchases made with her credit card at that one liquor store chain, not cash purchases or alcohol obtained elsewhere.

In Texas, the district attorney is the county’s lead law enforcement officer, and the Travis County District Attorney has the additional responsibility of prosecuting public crimes under the Public Integrity Unit, leading to a loud outcry for Lehmberg’s resignation from lawmakers and public safety groups. State Rep. Phil King (R-Weatherford) sharply condemned her behavior, saying that what he’d seen on the videos from her arrest “showed incredible belligerence and disrespect” and an “utter contempt and disrespect for the law and for the office.”

The Texas Local Government Code, in Chapter 87, allows public officials like district attorneys to be removed from office for “incompetency, official misconduct, habitual drunkenness, or other causes defined by law.” The 1987 revision to the law added a single incidence of intoxication on or off duty as a potential cause for removal.

However, because Lehmberg is a Democrat, elected in Travis County, one of the most Democratic-heavy areas of the state, and Governor Perry, a Republican, would be able to pick her replacement, other Democrats quickly rallied to her defense. Other prosecutors who worked under Lehmberg publicly supported her remaining in office, as did State Senator Kirk Watson (D-Austin).

Frustrated with Lehmberg’s refusal to resign and maintaining his position that someone who had committed her offenses was not fit for office, either as the district attorney or as head of the Public Integrity Unit, Perry then announced plans to veto funding for the Public Integrity Unit unless Lehmberg resigned. Texas law clearly grants the governor the power to veto funding for the Public Integrity Unit and many other agencies, but Democrats supporting Lehmberg howled in protest.

The Travis County District Attorney’s office has a long history of politically-motivated prosecutions, including the 2005 indictment of former U.S. House Majority Leader Tom DeLay for alleged campaign finance violations. DeLay’s convictions were completely overturned and he was acquitted after an appeal to the Third District Texas Court of Appeals in 2013—too late to save his political career.

Here, a liberal watchdog group called Texans for Public Justice filed an ethics complaint against Perry earlier this year, and a grand jury was convened in the case. Perry spokeswoman Lucy Nashed said at the time, “The veto in question was made in accordance with the veto power afforded to every governor under the Texas Constitution, and we remain ready and willing to assist with this inquiry.”

The grand jury’s indictment today, under the supervision of appointed special prosecutor, Michael McCrum, starts the process for a criminal case against the Governor but by no means guarantees that an actual criminal conviction will result. The grand jury process is entirely one-sided, controlled by the prosecutors, who present only their side. There’s a famous quote from Tom Wolfe’s book Bonfire of the Vanities, noting that prosecutors have so much power over this process that they could “indict a ham sandwich” if they so chose.

Perry’s office released a statement, through his general counsel Mary Anne Wiley, stating that the governor’s actions were allowed under the law and that they would vigorously fight these charges.

“The veto in question was made in accordance with the veto authority afforded to every governor under the Texas Constitution,” said Wiley. “We will continue to aggressively defend the governor’s lawful and constitutional action, and believe we will ultimately prevail.”

In the meantime, Lehmberg is facing a new set of legal troubles, as an ethics complaint was filed against her last week, accusing her of failing to properly report on her campaign finance reports the source of the more than $227,000 in attorneys fees she paid to her defense counsel.

The complaint was filed by Austin attorney Kerry O’Brien, the same attorney who had previously filed a lawsuit to have her removed from office, under a provision of Texas law that allows any Texas citizen to bring such a suit against a public official who is unfit for office. The specific allegations of the complaint note that Lehmberg’s campaign finance reports note a $227,885 legal bill due to the Austin-based law firm Richards, Rodriguez & Skeith, some partial payments on that bill totaling $16,060, but do not indicate the source of the funds. Lehmberg has said that she intends to raise contributions to cover the remaining $211,825 still owed, but has not yet reported any such contributions.

The Texas Ethics Commission has five days to determine if the complaint against Lehmberg is sufficient to move forward with an investigation. Breitbart Texas will continue to follow this story.

TRAVIS COUNTY DISTRICT ATTORNEY LEHMBERG’S BOOKING FOOTAGE KOKE FM 042113

This post has been updated.

Sarah Elizabeth Rumpf is a political and communications consultant living in Austin. You can follow her on Twitter at @rumpfshaker.

http://www.breitbart.com/Breitbart-Texas/2014/08/15/Political-Payback-Rick-Perry-Indictment


David L. Botsford, Perry’s defense attorney said he was outraged by the action.

“This clearly represents political abuse of the court system and there is no legal basis in this decision,” Botsford said in a statement. “Today’s action, which violates the separation of powers outlined in the Texas Constitution, is nothing more than an effort to weaken the constitutional authority granted to the office of Texas governor, and sets a dangerous precedent by allowing a grand jury to punish the exercise of a lawful and constitutional authority afforded to the Texas governor.”

http://cnsnews.com/news/article/attorney-indictment-perry-political-abuse-court-system

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Belligerent Drunk Democrat Rosemary Lehmberg in Charge of ‘Integrity Unit’ Indicts Rick Perry Over a Lawful Veto

Travis County DA Rosemary Lehmberg during her drunk driving arrest

August 16, 2014 By Matthew Burke

Travis County, Texas District Attorney Rosemary Lehmberg issued perhaps the most frivolous, vengeful, and politicized indictment of a politician on Friday.

Lehmberg, who shockingly still runs the state’s Public Integrity Unit, refused to resign from her position following her drunk driving conviction last year, forcing Texas Governor Rick Perry to use his line item veto power to cut funding to Lehmberg’s office.

(MUST WATCH ARREST VIDEOS BELOW)

Texas law, as does several other states, gives the governor the authority to use the line item veto. Perry’s using it is not an abuse of power.

It’s precious that the same people who argue that Obama’s “pen and phone,” which unconstitutionally makes laws, changes laws, and uses federal bureaucracies to commit acts of tyranny against innocent U.S. citizens (see IRS, NSA, EPA, DHS, etc.), is not an abuse of power, but potential Republican 2016 presidential candidate Perry’s using his lawful veto power is somehow an abuse of power.

Lehmberg was sentenced to 45 days in jail, but released after spending 23 days in the slammer.

Rather than do the honorable thing and resign from her position after her conviction, a special prosecutor who answers to Lehmberg is indicting Perry for trying to restore the Public Integrity Unit’s…integrity.

After the officers stopped Lehmberg from tipping over, the belligerent and clearly plastered (see 5:10 mark in first video below) Lehmberg flails her arms at the two officers, argued, “I’m fine; leave me alone. I’m not gonna fall. I just have a bad back.”

Only a few seconds prior to this explanation, Lehmberg gave the excuse that she was not able to walk the straight white line on the pavement because of a “bad hip.”

A stumbling and staggering Lehmberg told the officers she wasn’t able to properly walk the line “because it hurts.” Several times she begins attempting to walk the straight line disregarding the officer’s instructions. After finally allowing the officer to demonstrate his instructions (to put one foot in front of another) without being interrupted, she admits, “I can’t do that.”

When attempting to stand on one leg, the crocked DA almost fell over again, telling the officer, “It hurts, can’t you understand that?”

After Lehmberg tells the officer, “I can’t do that,” the officer explains that because of the fact that she failed the sobriety tests, and because of her “erratic driving,” which included her driving in the bike lane (thank God a bicyclist wasn’t in it), “going southbound in a northbound lane of traffic” it left him no choice but to arrest her. She was then handcuffed.

“This is pretty interesting. Are you going to take me to jail?” Lehmberg asks.

“Yes Ma’am,” answers the officer.

“Huh,” she responds in wonderment.
Travis County DA Rosemary Lehmberg Drunk Driving Arrest Dash Cam

Below is footage of Lehmberg’s booking footage from the Travis County Jail. Her behavior fluctuates between being disrespectful, combative, and downcast, continually denying that she was drunk and repeatedly blaming the officers for “ruining my career.”

Shockingly, Lehmberg remains in her position today.
TRAVIS COUNTY DISTRICT ATTORNEY LEHMBERG’S BOOKING FOOTAGE KOKE FM 042113

As disgusting as Lehmberg’s behavior was, it pales in comparison to the leftstream media’s reporting her indictment of Perry as being legitimate, a really reprehensible attempt to derail the Republicans potential 2016 presidential candidacy.

http://www.tpnn.com/2014/08/16/videos-belligerent-drunk-democrat-rosemary-lehmberg-in-charge-of-integrity-unit-indicts-rick-perry-over-a-lawful-veto/

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Alex Jones: Democrat-Run Media Won’t Say Why Rick Perry Was Indicted

Clear case of overpaid public servants on a witch hunt

August 16, 2014 by Infowars.com

The Texas grand jury’s indictment of Texas Governor Rick Perry is political persecution and is a danger to all who wish to live in a free society.

NPR and other democratically funded media outlets are leaving out key information as to the actions that led to this leftist-led indictment.

Rick Perry refused to fund the office of the Travis County DA after the she was caught driving under the influence back in 2013.

This public servant refused to step down after pleading guilty to DWI. How can a DA possibly be expected to uphold the law when they do not follow it?

Infowars has been very critical of Rick Perry in the past, but this is a clear case of overpaid public servants on a witch hunt.

This is over-the-top. To watch the media not tell the public why Perry went after the crazy DA is wild. The system is mad he wants to control the border.

http://www.infowars.com/alex-jones-democrat-run-media-wont-say-why-rick-perry-was-indicted/

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Rick Perry Responds To Liberals Trying To Destroy Him

August 16, 2014 By Steve Straub

Texas Governor Rick Perry responds to indictment charges.

From Business Insider:

Texas Gov. Rick Perry (R) isn’t backing down after being indicted by a grand jury.

Not long after news of the indictment broke Friday evening, Perry’s office released a statement maintaining his innocence and declaring he “will ultimately prevail.”

“The veto in question was made in accordance with the veto authority afforded to every governor under the Texas Constitution,” said Mary Anne Wiley, Perry’s general counsel. “We will continue to aggressively defend the governor’s lawful and constitutional action, and believe we will ultimately prevail.”

Perry, who is looking at making another run for president in 2016, was indicted on felony counts of abuse of official capacity and coercion of a public servant, according to the Associated Press, for carrying out a threat to veto funds set to go to state prosecutors investigating public corruption.

While I’m certain Rick Perry will prevail in this, it’s less certain he’ll be able to run for President after this. The Democrats will do whatever they can to destroy those they fear most.

http://www.thefederalistpapers.org/us/rick-perry-responds-to-liberals-trying-to-destroy-him#more-23791



Here’s What Prominent Liberals Think About The Rick Perry Indictment

August 16, 2014 By Steve Straub

When even prominent liberals question the Perry indictment you know it’s a very weak case brought solely for political purposes and to harm Rick Perry’s presidential bid.

Via Business Insider:

Although some Democrats are calling for Texas. Gov Rick Perry’s (R) resignation after he was indicted by a grand jury on Friday, a number of left-leaning observers immediately panned the allegations as unimpressive.

Perry, an expected presidential candidate in 2016, is accused of ”abuse of official capacity” and “coercion of [a] public servant” by publicly threatening to zero out a state prosecutor’s funding and then actually doing it. Several pundits, including former Obama campaign strategist David Axelrod, Clinton and Obama administration alum Jonathan Prince, Vox’s Matt Yglesias, and New York magazine’s Jonathan Chait, wrote on Twitter they couldn’t see what the big deal was.

“Unless he was demonstrably trying to scrap the ethics unit for other than his stated reason,” Axelrod argued, ”Perry indictment seems pretty sketchy.”

“Have to say Perry indictment seems nuts. Gov has constitutional power to veto. Gov uses power. Grand jury indicts bc they don’t like reason?” Prince asked.

“Hard for me to imagine these Rick Perry charges sticking,” Yglesias wrote, adding, ”Does anyone think this Perry indictment makes sense?”

“My *very* preliminary reaction to the Rick Perry news: I don’t understand what law he broke,” Chait opined.

ThinkProgress, the liberal-oriented news site, reported that Perry’s own attorneys “may have a point” when they argued his veto of the prosecutor funding “was made in accordance with the veto authority afforded to every governor under the Texas Constitution.”

“The Texas Constitution gives the governor discretion to decide when to sign and when to veto a bill, as well as discretion to veto individual line-items in an appropriation bill. Though the state legislature probably could limit this veto power in extreme cases — if a state governor literally sold his veto to wealthy interest groups, for example, the legislature could almost certainly make that a crime — a law that cuts too deep into the governor’s veto power raises serious separation of powers concerns,” ThinkProgress wrote. “Such laws would rework the balance of power between the executive and the legislature established by the state constitution, and they would almost certainly be unconstitutional.”

John Hinderaker at Powerline has more:

The Travis County district attorney’s office has long been a cesspool of corruption. It was that office, controlled by the Democratic Party machine, that infamously indicted Tom DeLay for nothing. It took years before DeLay could finally clear his name, and his career was ruined.

Conservatives should respond to this indictment by rallying around Perry. The indictment is a bad joke, intended simply to generate negative publicity. As with the bogus DeLay indictment from the same source, years may go by before it is finally proved baseless. In the meantime, conservatives should stand behind Perry and denounce the politically-motivated machinations of Texas Democrats.

COMMENT

I think this is simply a political dirty trick designed to ruin Rick Perry that will backfire.

http://www.thefederalistpapers.org/us/heres-what-prominent-liberals-think-about-the-rick-perry-indictment#more-23801

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