Rick Perry criminal case can proceed, judge rules

[TexasTowelie]

Source: Austin American-Statesman

A state district judge refused to throw out the criminal charges against Gov. Rick Perry, ruling Tuesday that special prosecutor Michael McCrum had been properly appointed to the case.

Perry’s legal team argued that the charges must be voided because special prosecutor Michael McCrum did not properly take his oath of office when he began working on the governor’s case, negating every act performed over the past 15 months — including the indictment accusing Perry of abusing the powers of his office.

Senior District Judge Bert Richardson disagreed.

“This court concludes that Mr. McCrum’s authority was not voided by the procedural irregularities in how and when the oath of office … was administered,” Richardson’s order said.

Read more: http://www.statesman.com/news/news/judge-declines-to-toss-out-gov-perry-charges/nh9kk/

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Gov. Rick Perry — flanked by his lawyers Tony Buzbee, right, and David Botsford, left — appeared in an Austin courtroom earlier this month to challenge the criminal charges against him.

[Raine1967]

1. Wow, that was the basis of having the suit thrown out? I did enjoy this part:

What’s more, Richardson ruled, Perry’s lawyers waited too long to raise their objections to the way McCrum was sworn in more than a year ago.

Richardson has yet to rule on a separate, broader challenge arguing that Perry’s charges should be tossed out because they were based on unconstitutional state laws and because they improperly criminalize politics and limit gubernatorial power. A ruling on that issue is still several weeks away.

Let me get this right: The governor's defense team is saying that the state laws are unconstitutional? So perry decided to act on what he perceived as constitutional? If true, that is rich.

[former9thward]

5. That is not the legal argument.

The defense argues the laws the prosecution are using are unconstitutional -- not the laws Perry acted on. Two different things.

[Raine1967]

7. It's pretty thin and pathetic.

Especially when the first try to get to first base was thrown out.

They really think the laws are unconstitutional? I smells of a very early hail mary. .

[former9thward]

10. I think the prosecution case is nonsense.

I think it will be thrown out as soon as the merits of the case come to court.

[Vincardog]

12. No it will be thrown out on appeal or by the SCOTX

[Hassin Bin Sober]

29. Lol. Sez you.

[former9thward]

31. Of course I said it.

Who else would be posting under my name?

[louis-t]

2. That is really a desperate ploy.

Maybe Perry thinks every person McCrum prosecuted should be let off, too. Well, that's what he's saying.

[TexasTowelie]

14. McCrum was named as a special prosecutor for only the Perry case.

He was a former federal prosecutor; however, I believe that his work over the past few years has been as a defense attorney.

[2naSalit]

3. ...

[Cha]

4. Haha.. too bad for all those "high profile" repubs and dems who were trying to get it thrown out.

Perry looks kinda miffed. rofl

Mahalo TexasT

[former9thward]

6. The judge has not ruled on those arguments.

The judge ruled on a long shot procedural motion which has nothing to do with the merits of the case.

[Raine1967]

8. They went with the long shot first, next up they will be whining about constitutionality.

this does not look like a very strong defense. We'll see.

[TexasTowelie]

15. It's relatively easy to smile for a mug shot when arrested,

it's much tougher to keep the smile up for hours when sitting in defense at court.

Perry will get some more chances to get the case thrown out of court, but I think that the case will proceed to trial. I don't know if there will be any GOP ideologues that will refuse to find Perry guilty though. The fact that the case and deliberations on the jury verdict will take awhile and generate more negative headlines isn't good news for Republicans.

[Jefferson23]

16. Fingers crossed:

snip* Gov. Rick Perry finally appeared in court last week to face charges of abuse-of-power for his veto of funding for the Travis County District Attorney's Public Integrity Unit after D.A. Rosemary Lehmberg refused to resign. Perry's lawyers argued that the charges should be dismissed, for various reasons, including that special prosecutor Michael McCrum was not properly sworn in. This was the first hearing that required Perry's personal attendance, and he was defiant afterward, defending his veto as breaking no laws. McCrum asked that Judge Bert Richardson allow the case to proceed to trial; Richardson is expected to rule this week. Texans for Public Justice, the watchdog group that filed the original complaint against Perry, released a statement on the hearing: "[Perry's] lawyers served up a windbag of bluster and a platter of red herring to a Republican judge who didn't appear to buy it."

http://www.austinchronicle.com/daily/news/2014-11-10/news-roundup-lines-trials-and-schools/

lol, time will tell.

[olddots]

9. what 3 Stooges movie

Is that picture from ?

[IthinkThereforeIAM]

13. I believe it is the firm of...

... Winkin, Blinkin and Nod, LLC, or something like that. Or was it, Wee, Cheatem and Howe?

[DemoTex]

18. Cheatam, Cumming, & Goins

[Brother Buzz]

11. Them Clark Kent glasses lost their mojo

[laserhaas]

17. Kicked, Rec'd, Tweet'd and FB feeded.

[SleeplessinSoCal]

19. What a way to live. Lawyers at your side. Looking for loopholes.

Apparently Texas Republican manna.

[marble falls]

20. Happy, happy, joy, joy!

[Javaman]

21. grasping at straws to prevent eventual trial.

and oh the juicy-ness of the things we will hear.

this won't be pleasant at all for good old cement head perry.

and that's just fine with me.

[PeoViejo]

22. Dewy, Cheatham and Howe. n/t

[UTUSN]

23. A GOODHAIR and a gratuitous match:

[Dopers_Greed]

24. Perry's hair cut is out of date

Hipsters are now doing the "Hitler youth" fade. Not the "side comb" anymore, like Perry still has.

[PatrynXX]

25. Think some in the MSM thought this would be thrown out today

Oops. Blago calling Perry. and what Blago did is minor and he got what 10 years. minor akin to this. selling a seat isn't minor but compared to shit it's minor

[Euphoria]

27. Ah but, Blago's a

Democrat

[shenmue]

26. Yaaaaay

When does he go to prison? When? I have to know, so I can stop at the ice cream store.

[Heather MC]

28. maybe he and Bob McDonnell can be cellies!!

[blkmusclmachine]

30. Election is over.

[herding cats]

32. Even if/when he gets off on this, he'll still never be POTUS

Why people throw good money after bad rubbish like him in a presidential race is a mystery to me. The reality is his chances are so slim it's laughable, and yet he has wealthy donors tossing money at him as if he actually has a chance. It's mind boggling.