I believe this prosecution is a waste of taxpayer money as this is really comes down to a question of constitutionality which a trial jury has no jurisdiction over. The Travis County DA should have filed suit with the State Supreme Court, instead of seeking a criminal indictment. Here are the applicable State statutes: Sec. 39.02. ABUSE OF OFFICIAL CAPACITY. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly: (1) violates a law relating to the public servants office or employment; or (2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servants custody or possession by virtue of the public servants office or employment. Section 36.03 Statute for coercion: (1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servants known legal duty;... ...c) It is an exception to the application of Subsection (a)(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body. First question here is did gov Perry intend to harm through violating any law related to employment. While I find it distasteful politics, I dont see that Perry violated an actual law by saying he was going to veto unless the re was an actual employment law being violated (which I dont believe there was) Second Question, Was Perrys threat of veto an attempt to influence a specific performance of duty? Id argue that hiring and firing is an official duty, so yes. But does the exception apply? I feel its arguable as to whether or not a veto threat made to a county official can be considered an official state action.
Posted on: Sat, 16 Aug 2014 03:06:56 +0000
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