Why is it so difficult to indict a President but so easy to indict a Governor? Texas Governor Rick Perry indicted on felony charges.

Federal Courthouse Northern District of Iowa 2014 Lucas Daniel Smith 1

Image Credit:  The new (2012) Federal Courthouse in Cedar Rapids, Iowa. © Lucas Daniel Smith.

Texas Governor Rick Perry has been indicted for abuse of official capacity and coercion of a public servant.

Perry promised (in public, it seems) to veto $7.5 million dollars over two years for the Public Integrity Unit which is run by Rosemary Lehmberg who is the Travis County District Attorney.

The Public Integrity Unit investigates statewide allegations of corruption and political wrongdoing.

Context:

Rosemary Lehmberg was arrested and plead guilty to drunken driving in April 2013.  

Afterwards Perry suggested that she resign.

Lehmberg served a very short jail sentence (a number of days) but despite Perry’s suggestion that she resign, she didn’t.

Its alleged that Perry said that he wouldn’t allow Texas to fund the Public Integrity Unit while Lehmberg remained in charge.

Perry made the promise or threat to scrap $7.5 millions dollars in funding to Lehmberg’s Public Integrity Unit in a move to coerce or persuade Lehmberg to resign.

Rosemary Lehmberg did not resign and Perry then nixed her Public Integrity Unit funding by $7.5 million dollars.

My thoughts:

I’m not sure if a crime was really and truly committed.  Let me also say that I have never liked Perry, at all.

In any event, why is it so unchallenging and uncomplicated to indict a Govermor yet it is so burdensome and unworkable to indict a President?

Federal Courthouse Northern District of Iowa 2014 Lucas Daniel Smith 2

Image Credit:  The new (2012) Federal Courthouse in Cedar Rapids, Iowa. © Lucas Daniel Smith.

I’m very fond of the internet and I love using it but it seems that every bum on the planet knows, and is an expert on, if not an aficionado of, everything about every subject or topic being discussed.

If I cited (online) my advocating toilet paper made from bamboo I’d find every bum (who has never even heard of bamboo toilet paper) on the internet, or at least those who cared to comment, presenting medgit-thesis-comments on the positives and negatives of bamboo toilet paper including temperate zones and legality of uprooting indigenous people.

Can a President be indicted?  Here are my brief thoughts on the matter:

1.   The President is not above the law, he is subject to the law.

2.   The Constitution is silent on executive (Presidential) immunity yet the Constitution does directly address immunity for senators and representatives.

3.   Readers who disagree with above #2 will, perhaps, cite the impeachment clause which specifies that indictment and criminal punishment may follow impeachment.

However, just because an indictment may follow impeachment does not imply that indictments must follow impeachment. Federal judges have been indicted and convicted prior to impeachment and the clause does not draw distinction between judges and the president.

4.   The Supreme Court has never said that a President cannot be indicted.

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.

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20 Responses to Why is it so difficult to indict a President but so easy to indict a Governor? Texas Governor Rick Perry indicted on felony charges.

  1. Bruce says:

    Saturday Movie Matinee: Rick Perry Indictment Is Political Payback

    Nice Deb
    nicedeb
    8/16/2014

    Excerpt:

    FOX 4 News – Dallas-Fort Worth: Gov. Rick Perry indicted:

    Breitbart Texas: POLITICAL PAYBACK: DEMOCRAT-CONTROLLED TRAVIS COUNTY DA OFFICE INDICTS RICK PERRY:

    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.”

    Daily Rushbo: LEVIN GOES NUCLEAR Over Rick Perry Being Indicted:

    View the complete post, including videos, at:

    Saturday Movie Matinee: Rick Perry Indictment Is Political Payback

  2. Bruce says:

    The day of the drunken prosecutor

    Tea Party Nation
    Judson Phillips
    8/16/2014

    Excerpt:

    Rosemary Lehmberg is a prosecutor who likes to drink and also is drunk on power. She is the District Attorney for Travis County, Texas.

    In 2013, Lehmberg was arrested for driving under the influence. In a rant, she threatened the police officers who arrested her. Eventually she submitted to a chemical test that revealed the alcohol content of her blood to be almost a .24. In plain non-lawyer English, that means she was three times the legal limit.

    In plain Texas English, she was drunk.

    In addition to being drunk that night in 2013, she threatened the police officers who arrested her. The threats were so worrying to the police officers that they video taped Lehmberg during the arrest process and at the jail where she was put under restraint and blood was drawn.

    Despite calls from a number of people, including Texas Governor Rick Perry to resign, she would not. In most states, most prosecutors who were arrested for DUI would resign. In most states, probably including in the Travis County Texas DA’s office, an assistant District Attorney who was arrested for drunk driving and who had a blood alcohol level three times the legal limit would be fired.

    But Rosemary Lehmberg is a liberal Democrat.

    Travis County is Austin Texas, the one big spot of blue in the otherwise generally red map of the state of Texas.

    Governor Rick Perry thought that her arrest rendered Lehmberg unfit to be a prosecutor. So he told her, either resign or he would veto funding for the public integrity section of the prosecutor’s office. Lehmberg refused so Perry vetoed funding for her office.

    Democrats across the nation are learning the prosecutor’s office may be the most important one to control.

    Yesterday Lehmberg’s office indicted Governor Rick Perry for doing his job.

    The left immediately jumped all over this. They claimed this destroys Perry’s chances of becoming the next President.

    There is no question this will hurt him and the left and the media will repeatedly bring this up in 2016, even though the charges will eventually be dismissed.

    The Travis County DA’s office has long been out of control. The previous DA, a far left wing Democrat indicted then Majority Leader Tom Delay. Delay was the most powerful Republican in Congress at the time and was despised by the Democrats. The Democrat DA indicted him and led him on a five year legal odyssey that was finally resolved when the Texas Court of Criminal Appeals reversed the convictions and threw the charges out.

    Conservatives need to reign in this rogue prosecutor’s office.

    The Texas Legislature needs to totally defund the Travis County DA’s office. Assign its duties to the Texas Attorney General’s office.

    Conservatives must act now. Liberals have long wanted to make conservatism criminal. They are trying it in Wisconsin with the so-called “John Doe” investigations into conservative groups. In Texas, a rogue prosecutor is using an indictment to ensure that Governor Rick Perry’s political career is destroyed. She is using her office for retribution against a political decision that is Perry’s to make.
    ………………………………………………..

    View the complete post at:

    http://www.teapartynation.com/forum/topic/show?id=3355873%3ATopic%3A2902303&xgs=1&xg_source=msg_share_topic

  3. Bruce says:

    “Why is it so difficult to indict a President but so easy to indict a Governor?”

    GOOD QUESTION!

    My short, quick answer, covering the current circumstances, is:

    — Obama is black (1/2); Perry is white.

    — U.S.A. Attorney General, Eric Holder, reports to Obama; Travis County District Attorney, Rosemary Lehmberg, does NOT report to Perry.

    — Holder is a Democrat, like Obama; Lehmberg is a Democrat, whereas Perry is a Republican.

    — Obama has the backing of the MSM in the U.S.A.; Perry likely does not have the backing of the MSM in the city of Austin and in Travis County, Texas

    It will be interesting to see if the Texas Legislature will totally defund the Travis County DA’s office and assign its duties to the Texas Attorney General’s office, as suggested by Judson Phillips.

    It will also be interesting to see what REPERCUSSIONS FOR OBAMA may ultimately result due to the actions of Maricopa County, AZ Sheriff Joe Arpaio, who has mentioned possibly convening a GRAND JURY with INDICTMENT POWER to address criminal charges which likely will be concerned with Obama’s ID Fraud.

    I think that CONGRESS, which has been granted the power of IMPEACHMENT, is the appropriate entity to address the removal of a PRESIDENT from office for ‘High Crimes and Misdemeanors’.

  4. bob says:

    In any event, why is it so unchallenging and uncomplicated to indict a Govermor yet it is so burdensome and unworkable to indict a President?

    The laws and facts support indicting Governor Perry. The laws and facts don’t support indicting President Obama.

    It is the difference between truth and fiction.

  5. BobJ says:

    LLDS writes:

    “I’m very fond of the internet and I love using it but it seems that every bum on the planet knows, and is an expert on, if not an aficionado of, everything about every subject or topic being discussed.”

    You claim experiences and expertise without proof. You are not trying to snow rubes at a county fair.

    Put up or shut up. If you can show a Kenyan visa in the next 48 hours, I will pay for the POSKBC verification. I have offered before and you blew it off. Proving the authenticity of your “document” is not that difficult.

    You have my Ip address, as well as my email. Ball firmly in your court, you lying sack of …

  6. BobJ wrote:

    Put up or shut up. If you can show a Kenyan visa in the next 48 hours, I will pay for the POSKBC verification. I have offered before and you blew it off. Proving the authenticity of your “document” is not that difficult.

    You’re lying just as all of the others have lied in the past. Do you really think that your offer is the first offer?

    Please be more specific regarding your offer. Are you referring to hiring a forensic document examiner?

    I’ve received many, countless, sham offers such as yours pretending to offering to pay for confirmation of authentication of Obama’s Kenyan birth certificate.

    Invariably there’s a carrot dangled in front of the donkey and there is just a small matter of providing a few scans of a passport or some other document before and answering other questions before any talk of examination or forensic document examiners.

    I’ve corresponded by email for sometimes several weeks with individuals like yourself as they pried for information and offered no assistance whatsoever in examining, authenticating or verifying Barack Obama’s Kenyan birth certificate.

    Sometimes the deal is even spiced up a bit with offers of large sums of money which I am to, at some point, receive.

    There is never any real dialog regarding a forensic document examiner or how the document with be authenticated.

    So who is the document examiner going to be?

    Do you know of a document examiner who is willing to try to confirm the authenticity of the Obama’s Kenyan birth certificate? Seems like a career-ending move to me.

    How much is the document examiner going to charge? Is it by the hour, day or the project itself?

    Lastly, how does a document examiner authenticate Obama’s Kenyan birth certificate?

    Please have your document examiner contact me and I will send him or her scans of all pages in my passport including those showing entry and exit in Africa.

    PS. We here at the WOBIK blog have been confirming the authenticity of Barack Obama’s Kenya birth certificate for more than three (3) years by publishing our research findings here at the blog.

    Before creation of the blog our findings were post elsewhere online such as, though not limited to, the following:

    InspectorSmith Youtube “Channel Comments” (before Youtube front-end developers changed the layout and made forum-like layout view and participation impractical with their new ‘Discussion’ page which replaced the location for “Channel Comments”). Ours consisted of MANY more than the ten thousand and one (10,001) comments now listed or counted. It appears that 10,001 is Youtube’s default count for discussion pages (old “Channel Comments”) which contained more than 10,000 comments before the new front-end development was completed. All of old the comments may be there but the counter was dialed back to, and is now stuck at, 10,001 (which is still extremely impressive for a Youtube discussion page or old “Channel Comments”).

    InspectorSmith Youtube discussion page
    —–

    FreeRepublic. Please note that many threads which were started by ‘InspectorSmith’ were later deleted by Jim Robinson (owner, chairman and president). Moreover, other threads, started by other Freepers, regarding Obama’s Kenyan birth certificate which included my name or context were also deleted. A few threads do, however, remain.

    Example:

    March 5, 2010. President Obama’s birth doctor, James Ang’awa, was neighbors with Barack Obama Senior in the 1960s

    June 7, 2010. George Obama book & “Obama’s Plate of the Day” = plantains. Barack Obama Kenya birth certificate.
    —–

    The Post & Email

    Example:

    September 5, 2010. Exclusive: Lucas Daniel Smith speaks with The Post & Email: DOCUMENT ALLEGEDLY OBTAINED IN KENYA SENT TO EVERY MEMBER OF CONGRESS by Sharon Rondeau
    —–

    Postscript: Obama’s Kenyan birth certificate has been online for more than five (5) years now. Everyone, including you, has had at least five (5) years now to confirm the authenticity of the document.

  7. InspectorSmith Youtube “Channel Comments” as of August 11, 2010:

    13,111 comments!

    Screenshot from the WayBackMachine:

  8. InspectorSmith Youtube “Channel Comments” as of May 1, 2011:

    16,872 comments!

    Screenshot from the WayBackMachine:

  9. Bruce says:

    Lucas Daniel Smith wrote:

    InspectorSmith Youtube “Channel Comments” as of May 1, 2011:
    16,872 comments!
    Screenshot from the WayBackMachine:

    Thanks for the memories!

    We’ve come a long way since those early ‘YouTube Channel’ days and are now ‘broadcasting’ from the interesting, informative and influential “WasObamaBornInKenya” 3-sector dedicated website.

    However, we’re still just the same honest, straight-forward, consistent and FOCUSED folks we were 5 YEARS AGO and are still trying very hard to get the critically important TRUTH out — OBAMA REALLY WAS BORN IN KENYA — and WE CAN PROVE IT!
    ———————————————————————-
    btw:

    Is Gov. Rick Perry’s Bad Judgment Really a Crime?

    The New York Times
    Editorial Board
    8/18/2014

    Excerpt:

    Gov. Rick Perry of Texas is one of the least thoughtful and most damaging state leaders in America, having done great harm to immigrants, abortion clinics and people without health insurance during his 14 years in office. But bad political judgment is not necessarily a felony, and the indictment handed up against him on Friday — given the facts so far — appears to be the product of an overzealous prosecution.

    For more than a year, Mr. Perry has been seeking the resignation of the Travis County district attorney, Rosemary Lehmberg. He had good reason to do so: Ms. Lehmberg was arrested in April 2013 for driving with a blood alcohol level of more than three times the legal limit, and she verbally abused the officers who found her with an open bottle of vodka. She ranted and raved at the local jail, threatening sheriff’s deputies, and she had to be restrained in a chair with a hood over her head. She pleaded guilty and was sentenced to 45 days in jail. In addition to endangering people’s lives, she instantly lost her credibility as a prosecutor of drunken-driving cases.

    But Ms. Lehmberg is also an elected Democrat, and as the prosecutor in Austin, the state capital, she ran the Public Integrity Unit, which investigates corruption charges against state lawmakers, often including prominent Republicans. The office, in fact, has been investigating whether several medical research grants were improperly given to people with connections to Mr. Perry. Had she stepped down, the governor might have named a Republican to replace her, so she refused.

    After the arrest, Mr. Perry told Ms. Lehmberg that if she didn’t resign, he would cut the financing for the Public Integrity Unit. In June, he did just that, using his line-item veto to zero out the $7.5 million for the unit. That was a bad idea. Had county officials not stepped in with some money, the veto could have shut down an important investigative body and its cases. Mr. Perry should have left the matter to the courts, where both a criminal and a civil attempt to have her removed failed, or to the voters.

    But his ill-advised veto still doesn’t seem to rise to the level of a criminal act. After a complaint was filed by a liberal group, a judge appointed a special prosecutor, Michael McCrum, a San Antonio lawyer and former federal prosecutor, to take the case. A Travis County grand jury indicted Mr. Perry on two felony counts: abuse of official capacity and coercion of a public servant. The indictment says he exceeded his veto power by combining it with a threat to Ms. Lehmberg if she didn’t quit.
    ………………………………………..

    View the complete article at:

  10. AMERICAN ADVOCATE says:

    >>> ATTENTION ~ BRUCE AND LUCAS . EVERY TIME I FORWARD IMPORTANT email MESSAGES TO MORE THAN 450 CONTACTS , IT INCLUDES A CURRENT email ADDRESS FOR SHERIFF JOE ARPAIO . EVERYONE WHO KNOWS ABOUT
    W . O . B . I . K . SHOULD SEND MESSAGES TO THE SHERIFF HERE :
    info@reelectjoearpaio.com

  11. BobJ says:

    Lucas Daniel Smith wrote:

    BobJ wrote:

    Put up or shut up. If you can show a Kenyan visa in the next 48 hours, I will pay for the POSKBC verification. I have offered before and you blew it off. Proving the authenticity of your “document” is not that difficult.- me

    You’re lying just as all of the others have lied in the past. Do you really think that your offer is the first offer?-you

    My offer wasn’t even my first offer. Do you see the words of others and make them into what you want them to say? Or do you just respond without actually reading another person’s post? Either one would make a lot of sense actually.

    You did not produce a Kenyan visa. The reason is because you can’t. You don’t even know what it is. The passport pictures and your response to my query made me suspicious, but the following comment by you in the above post proves my suspicion:

    “Please have your document examiner contact me and I will send him or her scans of all pages in my passport including those showing entry and exit in Africa.”

    No document examiner is necessary for a picture of a passport visa, or for a birth certificate from 1961 Kenya. What you fail to understand is that there is a system in place to verify documents from various countries, and visas look a certain way.

    The site is a circle jerk of conspiracy crap. It is fun to see how much more harebrained your next attempt relevance will be. There is no peer reviewed papers being produced here. You are not a researcher of anything. You are a two bit hack with more mugshots than sense.

    You read too many spy novels and watch too many movies. It shows in your turgid prose and hackneyed schemes. The real world outside America does not operate the way you think it does.

    I know this because I live, work, and go to school abroad. But you know that from my IP address.

    Unless I am a lying, proxy server using, bum.

    Well it is 11:28p.m local time. The temperature is 24 degrees and raining. You decide.

  12. Andrew Vrba, PmG says:

    What do you care, Smith? Felons like you aren’t allowed to vote in US elections.

  13. Andrew Vrba, PmG wrote:

    What do you care, Smith? Felons like you aren’t allowed to vote in US elections.

    Incorrect.

    It depends on state law. Each state is different. As felon, I’ve legally voted in US elections.

  14. AMERICAN ADVOCATE says:

    @ BobJ:
    >>> WHO THE HELL DO YOU THINK YOU ARE THAT ANYONE SHOULD SHOW YOU A VISA TO PROVE THE AUTHENTICITY OF A DOCUMENT THAT HAS ALL THE VITAL STATISTICS AS THE KENYAN BIRTH CERTIFICATE OF YOUR SUCK BUDDY obummer ????? IT IS FLAMINGLY OBVIOUS THAT YOU ARE A DEDICATED obot , AND DO NOT DESERVE TO TYPE ONE WORD ON THIS BLOG .
    LOLOLOLOLOLOL . ” WE ” ARE ALL LAUGHING AT YOU . LOLOLOL

  15. AMERICAN ADVOCATE says:

    @ AMERICAN ADVOCATE:
    >>> ATTENTION , LUCAS AND BRUCE : I RECEIVED AN email MESSAGE FROM microcapmaven THAT STATED : MIKE ZULLO HAS OFFICIALLY RENOUNCED THE KENYAN BIRTH CERTIFICATE , FOR WHAT REASONS WE DO NOT KNOW .
    THAT MUST BE WHY HE , ARPAIO , AND THE ” ICE COLD CASE POSSE ” HAVE NOT RESPONDED TO MY MESSAGES TO THEM REGARDING W.O.B.I.K.

  16. AMERICAN ADVOCATE says:

    @ Bruce:
    BRUCE . THANK YOU FOR POSTING THIS PAGE OF THE youtube COMMENTS . ARE YOU STILL VIEWING IT REGULARLY AND STAYING CURRENT ?

  17. Bruce says:

    AMERICAN ADVOCATE wrote:

    @ AMERICAN ADVOCATE: I RECEIVED AN email MESSAGE FROM microcapmaven THAT STATED : MIKE ZULLO HAS OFFICIALLY RENOUNCED THE KENYAN BIRTH CERTIFICATE

    I can’t make a definite comment without more details regarding the statement you received from ‘microcapmaven’. However, I suspect that it is VERY OLD NEWS, which goes back to a single statement made by Mike Zullo at a news conference held at the end of March 2012, over two years ago.

    It’s my guess that Zullo, who at that time was still relatively new to the entire ‘birther v Obama’ issue, had been ‘coached’ on the topic of the ‘LDS, Obama Kenyan BC’ by Dr. Jerome R. Corsi. If so, he was IMO a VERY POOR CHOICE by Zullo for a mentor on the topic.

    See for example: ‘British Protectorate of Kenya’, Used on the ‘LDS, Obama Kenyan BC’, is Authentic

    http://www.wasobamaborninkenya.com/InspectorSmith/showthread.php/941-British-Protectorate-of-Kenya-Used-on-the-LDS-Obama-Kenyan-BC-is-Authentic

    After hearing the statement made by Zullo at the news conference, I immediately sent him a letter via USPS asking for the REASONS he claimed the Kenyan BC to be a forgery.

    I NEVER RECEIVED A RESPONSE FROM ZULLO TO MY LETTER!

  18. Bruce says:

    AMERICAN ADVOCATE wrote:

    @ Bruce:
    BRUCE . THANK YOU FOR POSTING THIS PAGE OF THE youtube COMMENTS . ARE YOU STILL VIEWING IT REGULARLY AND STAYING CURRENT ?

    (1) The page of comments from the YouTube Channel was posted by Lucas, not me.

    (2) I have not even viewed the original ‘InspectorSmith’ YouTube Channel in a VERY LONG TIME! (years).

  19. BobJ says:

    AMERICAN ADVOCATE wrote:

    @ BobJ:
    >>> WHO THE HELL DO YOU THINK YOU ARE THAT ANYONE SHOULD SHOW YOU A VISA TO PROVE THE AUTHENTICITY OF A DOCUMENT THAT HAS ALL THE VITAL STATISTICS AS THE KENYAN BIRTH CERTIFICATE OF YOUR SUCK BUDDY obummer ????? IT IS FLAMINGLY OBVIOUS THAT YOU ARE A DEDICATED obot , AND DO NOT DESERVE TO TYPE ONE WORD ON THIS BLOG .
    LOLOLOLOLOLOL . ” WE ” ARE ALL LAUGHING AT YOU . LOLOLOL

    Good to know all caps. LLDS lies and changes when it suits him.

    He/She is a bad con artist.

    Deep down you know that; if you are real.

    LLDS is a liar, bad performance artist, or psychopath.

    Maybe all three; possibly more.

    LLDS is the reason the wayback machine was invented.

    He/she is also the reason to screen shot everything posted.

  20. AMERICAN ADVOCATE says:

    >>> STUPID FOOL ‘ BLOB JACKASS ‘. POSTING IN ALL CAPITOLS IS THE SAME AS HEADLINES ON A NEWSPAPER , AND IT WORKS . DOESN ‘ T IT ? YOU CERTAINLY GOT UP OFF YOUR LAZY ASS AND RESPONDED . __________
    NOT ONLY ARE YOU OBVIOUSLY A DEDICATED obot TO THE GREATEST FRAUD IN AMERICAN HISTORY ~ YOU ARE ALSO OBVIOUSLY A DEDICATED STUDENT AND FOLLOWER OF THE INFAMOUS saul alinsky , AUTHOR OF rules for radicals , JUST AS obozo , ‘ hitlery ‘ & slick willie clinton , ‘ nazi pelosivitch ‘, hairy rude , AND ALL OTHER LAMEBRAINED demonrats / dumbocrats . ” WE THE PEOPLE ” ARE STILL LAUGHING AT YOU AND MANY OTHER IDIOTS .
    LOLOLOLOL & HA HA HA HA HA .

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