Court Dismisses Final Charge Against Rick Perry

A Texas appeals court has dismissed the remaining criminal charge that a grand jury brought against former Texas governor Rick Perry in 2014.

The state’s Court of Criminal Appeals ruled Wednesday that Perry was within his bounds in 2013 when he threatened and ultimately vetoed money to a state office run by an official who had been convicted of driving while intoxicated. A Travis County grand jury later indicted Perry on counts of abuse of official capacity and coercion of a public official. A lower court tossed out the latter charge last summer. The criminal court ended the 18-month saga once and for all Wednesday.

“The governor’s power to exercise a veto may not be circumscribed by the Legislature, by the courts, or by district attorneys (who are members of the judicial branch),” the court’s opinion stated. “When the only act that is being prosecuted is a veto, then the prosecution itself violates separation of powers.”

THE WEEKLY STANDARD’s Terry Eastland wrote about the ordeal in Sept. 2014:

It apparently does not matter to the grand jury that the attempt to influence involves the use of a power vested in the governor the exercise of which does not have to be justified: The Texas chief executive may veto for any reason, or none at all. Students of the veto power know that it is never quietly exercised, that it is always preceded by “threats” of varying degrees of intensity intended to achieve some change before a bill is passed and presented to the executive for his signature. Nor is it uncommon to see efforts to defund offices take place when budgets are made. Even so, it is not necessary to agree with Perry’s veto of the allocation for the public corruption unit to see that if the grand jury’s understanding of the law prevails, the “official capacity” of the Texas governor in the hurly burly of ordinary politics in the state capital will be narrowed considerably.

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