Rick Perry must be very scared of this indictment. He has hired five of the most powerful lawyers in the country.

Gov. Rick Perry (R-TX) officially filed a request to have the lawsuit against him dismissed by the judge.   That's typical initial strategy in most civil cases, but it also fits the stance Perry has taken in public statements:   that this indictment against him is politically motivated and a dangerous attempt to interfere with the separation of powers in government -- specifically, his authority to exercise the line item veto.

Perry would like to laugh it away -- or turn it into a defense of his constitutional authority being challenged by a disgruntled, irresponsible Democrat. But, if it is so ludicrous on the face of it as he claims, why has he hired such a high-powered legal team to represent him?  (see below).  You don't bring in howitzers to shoot at gnats.   So what might Rick Perry be so afraid of?

Perry is mounting a strong media campaign to control the message as being a fight over his constitutional authority, challenged by an irresponsible district attorney whose resignation he demanded because he considered her unfit for her office following her DUI and night in jail.

But Rosemary Lehmberg is not just an ordinary district attorney.   She heads the Public Integrity Unit for Travis County.  Travis County happens to include the state capital of Austin.  In effect, then, she directs what amounts to the ethics commission with jurisdiction over most state government officials.   You begin to get the picture.

James Moore, a Texas political analyst, delved into this and wrote about it for the Huffington Post.  His article is titled:  "Why Rick Perry Will Be Convicted."

"The PUI [Lehmberg's Public Integrity Unit] . . . had been investigating the Cancer Research and Prevention Institute (CPRIT), a $3 billion dollar taxpayer funded project that awarded research and investment grants to startups targeting cancer cures. The entire scientific review team, including Nobel Laureate scientists, resigned because they said millions were handed out through political favoritism. . . .  much of the money was ending up in projects proposed by campaign donors and supporters of Governor Perry. In fact, one of the executives of CPRIT was indicted . . . for awarding an $11 million dollar grant to a company without the proposal undergoing any type of review. 

"Perry might have been the next target [of investigation] . . .

"If Perry were able to get Lehmberg to resign, he'd have the authority to appoint her replacement. We can assume that would have been a Republican, and that any investigations might have stuttered to a halt. The DA, however, refused, and began to field threats from the governor's office that the PIU budget was to be zeroed out via line item veto. But the exercise of the veto is not what got Perry indicted.

"First, he used the veto to threaten a public officeholder. This is abuse of the power of his office. Presidents and governors frequently use the possibility of vetoes to change the course of legislation. But that is considerably different than trying to force an elected officeholder to resign. What Perry did, if true, can be politely called blackmail, and, when he sent emissaries to urge Lehmberg to quit even after his veto, he may have indulged in bribery. According to sources close to the grand jury, Perry dispatched two of his staffers and one high-profile Democrat to tell Lehmberg if she left her office the governor would reinstate the PIU budget.  One report indicates there may have been a quid pro quo of a new, more lucrative job for the DA, which is why this case has nothing to do with his right to use the veto. . . . 

 Perry's other claim, that this is another manifestation of partisan politics in Austin, is easily debunked.   According to Moore, 

There wasn't a single Democrat involved in the investigation and indictment. In fact, Perry appointed the presiding judge in the case. . . ." 

No, make no mistake about the seriousness of this indictment.   Just follow the money -- both all that grant money to cronies -- and then all the money that is going to be paid to very expensive and very powerful lawyers.   Perry must be very very scared right now.  He could actually go to jail.

Ralph


**  Perry's team of five A-list lawyers includes:  one who represented George W. Bush before the Supreme Court in the 2000 vote recount case ;  a partner of a high-powered Washington law firm, who has argued cases before the Supreme Court;   a well-known criminal defense lawyer in Texas;   a former chief justice of the Texas Supreme Court;  and another leading Texas litigator known for winning million-dollar settlements for his clients.   This has to be bigger than a nuisance indictment.  You don't need big guns to slap at gnats.