“Wounded Innocence?”: Why Rick Perry May Be Out Of Luck
Governor Rick Perry of Texas and President Barack Obama, strangest of bedfellows, are making similar discoveries about the scope of prosecutorial discretion. In short, it’s very broad.
Perry’s education on the subject is an unhappy one. Late Friday, the Texas Governor, who has about five months left in his term, was indicted on two counts: abuse of official capacity and coercion of a public servant. What those charges mean, though, is hard to say. The indictment itself is just two pages and, to put it charitably, unelaborated.
The case has its origins in Perry’s long-running feud with Rosemary Lehmberg, a district attorney in Travis County, which includes Austin and represents an island of blue in the deep-red sea of Texas. Last year, Lehmberg was charged with drunken driving. She promptly pleaded guilty, which, in light of the YouTube videos of her sobriety test and her booking at the police station, was no surprise.
Lehmberg served several days in jail but declined to resign, so Perry decided to make the most of her difficulties. He said that, unless she resigned, he would use his power as Governor to veto $7.5 million in state money for her Public Integrity Unit, which had been hard at work prosecuting Texas pols, many of them Republicans. He could not, he said, support “continued state funding for an office with statewide jurisdiction at a time when the person charged with ultimate responsibility of that unit has lost the public’s confidence.”
What Perry did was obvious. The Governor was using his leverage to jam a political adversary—not exactly novel behavior in Texas, or most other states. But Democrats succeeded in winning the appointment of a special prosecutor, Michael McCrum, to investigate Perry’s behavior, and on Friday McCrum brought the hammer down. The threat to veto the money for the D.A. amounted to, according to the prosecutor, two different kinds of felonies: a “misuse” of government property, and a corrupt attempt to influence a public official in “a specific exercise of his official power or a specific performance of his official duty” or “to violate the public servants known legal duty.” (In the charmingly archaic view of Texas statutes, every public official is a “him.”)
Perry’s indictment has been widely panned, including by many liberals, as an attempt to criminalize hardball politics. (Vetoing things is, generally, part of a governor’s job.) Perry himself is all wounded innocence. “I intend to fight against those who would erode our state’s constitution and laws purely for political purposes, and I intend to win,” he said at a news conference. (It would be easier to feel sorry for Perry if he expressed similar concern about, say, the constitutional rights of those who were executed on his watch and with his support.)
So Perry may have a point, but he also has a problem. Prosecutors have wide, almost unlimited, latitude to decide which cases to bring. The reason is obvious: there is simply no way that the government could prosecute every violation of law it sees. Think about tax evasion, marijuana use, speeding, jay-walking—we’d live in a police state if the government went after every one of these cases. (Indeed, virtually all plea bargaining, which is an ubiquitous practice, amounts to an exercise of prosecutorial discretion.) As a result, courts give prosecutors virtual carte blanche to bring some cases and ignore others. But, once they do bring them, courts respond to the argument that “everyone does it” more or less the same way that your mother did. It’s no excuse. So if Perry’s behavior fits within the technical definition of the two statutes under which he’s charged, which it well might, he’s probably out of luck.
The President is relying on the same concept of discretion to push immigration reform, even though Congress has refused to pass a law to do so. The legislative branch writes the laws, which define the classes of people who are subject to deportation. But it is the executive branch that decides which actual individuals it will pursue and deport. Over the past several years, the Obama Administration has used its discretion to allow more immigrants to stay. During the 2012 campaign, the President announced his Deferred Action for Childhood Arrivals (DACA), which amounted to a kind of administrative DREAM Act. It limited the number of deportations of people who had been children when they were brought illegally to this country, provided they meet certain other conditions. The legality of DACA has not been successfully challenged.
Prosecutorial discretion is not unlimited. The executive branch can refrain from prosecuting certain individuals, but it cannot, in theory, offer immunity to entire classes of law-breakers. Nor can a prosecutor only charge people of a certain race, or, for that matter, political party. But it’s hard to know who would have standing to challenge a failure to bring a criminal case or a deportation. The rules of standing are usually limited to individuals who have suffered a specific harm, and there’s no harm in not being prosecuted. (The New Republic has a useful primer on the subject. )
That sort of limitation on prosecutorial discretion is unlikely to help Rick Perry. His complaint is that the prosecutor is bringing one case too many, not too few. That claim, almost invariably, is a loser. So, it turns out, may be the soon-to-be-former governor.
By: Jeffrey Toobin, The New Yorker, August 19, 2014
“Missouri Burning”: Why Ferguson’s Inferno Is No Surprise
The past week’s unfolding tragedy in Ferguson, Missouri, with its militarized and overwhelmingly white police force confronting angry and hopeless African-Americans, is not a story unique to that place or moment. Many cities and towns in this country confront the same problems of poverty, alienation, and inequality as metropolitan St. Louis — or even worse.
But beneath the familiar narrative there is a deeper history that reflects the unfinished agenda of race relations – and the persistence of poisonous prejudice that has never been fully cleansed from the American mainstream.
For decades, Missouri has spawned or attracted many of the nation’s most virulent racists, including neo-Nazis and the remnants of the once-powerful Ku Klux Klan. Associated with violent criminality and crackpot religious extremism, these fringe groups could never wield much influence in the post-civil rights era. Beyond those marginalized outfits, however, exists another white supremacist group whose leaders have long enjoyed the patronage of right-wing Republican politicians.
The Council of Conservative Citizens, headquartered in St. Louis, is a living legacy of Southern “white resistance” to desegregation, with historical roots in the so-called “citizens’ councils” that sprung up during the 1950s as a “respectable” adjunct to the Klan. Its website currently proclaims that the CCC is “the only serious nationwide activist group that sticks up for white rights!” What that means, more specifically, is promoting hatred of blacks, Jews, gays and lesbians, and Latino immigrants, while extolling the virtues of the “Southern way of life,” the Confederacy, and even slavery.
The group’s website goes on to brag that the CCC is the only group promoting “white rights” whose meetings regularly feature “numerous elected officials, important authors, talk-show hosts, active pastors, and other important people” as speakers.
Although that boast may be exaggerated, it isn’t hollow. Founded in 1985 by the ax handle-wielding Georgia segregationist Lester Maddox and a group of white activists, the CCC remained obscure to most Americans until 1998, when media exposure of its ties to prominent congressional Republicans led to the resignation of Mississippi senator Trent Lott as Majority Leader. Six years later, the Southern Poverty Law Center, a nonprofit group monitoring racist activity in the United States, reported that the CCC had hosted as many as 38 federal, state, and local officials at its meetings (all of them Republicans except one Democrat) – despite a warning from the Republican National Committee against associating with the hate group.
Over the years, the CCC’s friends in high places included such figures as former Missouri senator John Ashcroft, who shared much of the CCC agenda as governor, when he opposed “forced desegregation” of St. Louis schools – along with the CCC members who served on the city’s school board. When President George W. Bush appointed Ashcroft as U.S. Attorney General, the CCC openly celebrated, declaring in its newsletter that “Our Ship Has Come In.”
Recently, many fewer Republican officials have been willing to associate in public with the CCC’s racist leaders. Then again, however, Ashcroft himself tended to meet secretly with those same bigots, while outwardly shunning them. When asked about his connections with the group during his confirmation hearings in 2001, he swore that he had no inkling of its racist and anti-Semitic propaganda – a very implausible excuse given the CCC’s prominence in St. Louis while he served as governor.
Despite the CCC’s presence, Missouri is home to many fine and decent people, of course – but malignant traces of the group, and the racial animus it represents, have spread far beyond the state’s borders. The most obvious example is Rush Limbaugh, the “conservative” cultural phenomenon who grew up south of St. Louis in Cape Girardeau, Missouri, and who has earned a reputation as a racial agitator over many years on talk radio, where he began by doing mocking bits in “black” dialect.
In 1998, the talk jock defended Trent Lott when other conservatives were demanding his resignation over the politician’s CCC connection. Today, Limbaugh echoes the CCC line on the Brown killing, which suggests coldly that the unarmed teenager deserved his fate because he may have been a suspect in shoplifting or smoked marijuana. Why would a young man’s life be worth less than a box of cigars? Back in Rush’s home state, the answer is all too obvious.
By: Joe Conason, Editor in Chief, The National Memo, August 19, 2014
“The Forever Slump”: The Debate Between The ‘Too-Muchers’ And The ‘Not-Enoughers’
It’s hard to believe, but almost six years have passed since the fall of Lehman Brothers ushered in the worst economic crisis since the 1930s. Many people, myself included, would like to move on to other subjects. But we can’t, because the crisis is by no means over. Recovery is far from complete, and the wrong policies could still turn economic weakness into a more or less permanent depression.
In fact, that’s what seems to be happening in Europe as we speak. And the rest of us should learn from Europe’s experience.
Before I get to the latest bad news, let’s talk about the great policy argument that has raged for more than five years. It’s easy to get bogged down in the details, but basically it has been a debate between the too-muchers and the not-enoughers.
The too-muchers have warned incessantly that the things governments and central banks are doing to limit the depth of the slump are setting the stage for something even worse. Deficit spending, they suggested, could provoke a Greek-style crisis any day now — within two years, declared Alan Simpson and Erskine Bowles some three and a half years ago. Asset purchases by the Federal Reserve would “risk currency debasement and inflation,” declared a who’s who of Republican economists, investors, and pundits in a 2010 open letter to Ben Bernanke.
The not-enoughers — a group that includes yours truly — have argued all along that the clear and present danger is Japanification rather than Hellenization. That is, they have warned that inadequate fiscal stimulus and a premature turn to austerity could lead to a lost decade or more of economic depression, that the Fed should be doing even more to boost the economy, that deflation, not inflation, was the great risk facing the Western world.
To say the obvious, none of the predictions and warnings of the too-muchers have come to pass. America never experienced a Greek-type crisis of soaring borrowing costs. In fact, even within Europe the debt crisis largely faded away once the European Central Bank began doing its job as lender of last resort. Meanwhile, inflation has stayed low.
However, while the not-enoughers were right to dismiss warnings about interest rates and inflation, our concerns about actual deflation haven’t yet come to pass. This has provoked a fair bit of rethinking about the inflation process (if there has been any rethinking on the other side of this argument, I haven’t seen it), but not-enoughers continue to worry about the risks of a Japan-type quasi-permanent slump.
Which brings me to Europe’s woes.
On the whole, the too-muchers have had much more influence in Europe than in the United States, while the not-enoughers have had no influence at all. European officials eagerly embraced now-discredited doctrines that allegedly justified fiscal austerity even in depressed economies (although America has de facto done a lot of austerity, too, thanks to the sequester and cuts at the state and local level). And the European Central Bank, or E.C.B., not only failed to match the Fed’s asset purchases, it actually raised interest rates back in 2011 to head off the imaginary risk of inflation.
The E.C.B. reversed course when Europe slid back into recession, and, as I’ve already mentioned, under Mario Draghi’s leadership, it did a lot to alleviate the European debt crisis. But this wasn’t enough. The European economy did start growing again last year, but not enough to make more than a small dent in the unemployment rate.
And now growth has stalled, while inflation has fallen far below the E.C.B.’s target of 2 percent, and prices are actually falling in debtor nations. It’s really a dismal picture. Mr. Draghi & Co. need to do whatever they can to try to turn things around, but given the political and institutional constraints they face, Europe will arguably be lucky if all it experiences is one lost decade.
The good news is that things don’t look that dire in America, where job creation seems finally to have picked up and the threat of deflation has receded, at least for now. But all it would take is a few bad shocks and/or policy missteps to send us down the same path.
The good news is that Janet Yellen, the Fed chairwoman, understands the danger; she has made it clear that she would rather take the chance of a temporary rise in the inflation rate than risk hitting the brakes too soon, the way the E.C.B. did in 2011. The bad news is that she and her colleagues are under a lot of pressure to do the wrong thing from the too-muchers, who seem to have learned nothing from being wrong year after year, and are still agitating for higher rates.
There’s an old joke about the man who decides to cheer up, because things could be worse — and sure enough, things get worse. That’s more or less what happened to Europe, and we shouldn’t let it happen here.
By: Paul Krugman, Op-Ed Columnist, The New York Times, August 14, 2014
“Memo To Chuck Todd”: Your Job Is The Thing You Think Isn’t Your Job
With the word that NBC correspondent Chuck Todd will replace David Gregory as the host of the withered carcass that is Meet the Press, the chattering classes left and right are offering their advice on reanimating the corpse of the once-proud Sunday talk show. Ultimately, though, there is only piece of guidance for the Beltway’s new goateed gatekeeper. Simply seek the truth. Unfortunately, that is precisely the task Chuck Todd has argued is not part of his job description as a journalist.
Todd’s acknowledgement that the media’s role is to merely amplify the sound bites of political partisans came during a discussion of the Affordable Care Act last September. Almost four years after Politifact named “death panels” its 2009 Lie of the Year and three years since “government takeover of health care” won its 2010 crown, the future Meet the Press talking point purveyor explained to viewers that unearthing and communicating objective truth is not the media’s job. When Ed Rendell lamented that Americans were misinformed about Obamacare, Todd protested:
“But more importantly, it’s stuff that Republicans successfully messaged against it and they wouldn’t have heard…they don’t repeat other stuff because they haven’t even heard the Democratic message. What I always love is people say ‘it’s your fault in the media.’ No, it’s the President of the United States’ fault for not selling it.”
That same day, Todd took to Twitter to repeat his point:
Somebody decided to troll w/mislding headline: point I actually made was folks shouldn’t expect media to do job WH has FAILED to do re: ACA
But after eight hours of absorbing a pounding online, he returned to Twitter to clarify his clarification:
I was NOT saying it isn’t job of journos to call out lies, I said it was not job of media to sell WH’s health care message, it is WH’s job
Despite that embarrassing episode, Chuck Todd hasn’t always represented a net subtraction from the sum of human knowledge. He has, in fact, committed acts of journalism. As the GOP’s “Defund Obamacare” campaign ramped up over the summer of 2013, Todd used his NBC “First Read” column to actively illuminate rather than passively mislead. As he put it on July 9:
Here’s a thought exercise on this summer morning: Imagine that after the controversial Medicare prescription-drug legislation was passed into law in 2003, Democrats did everything they could to thwart one of George W. Bush’s top domestic achievements. They launched Senate filibusters to block essential HHS appointees from administering the law; they warned the sports and entertainment industries from participating in any public service announcements to help seniors understand how the law works; and, after taking control of the House of Representatives in 2007, they used the power of the purse to prohibit any more federal funds from being used to implement the law. As it turns out, none of that happened.
That’s exactly right. Despite their opposition to the Part D legislation, Democrats didn’t just refuse to obstruct Bush’s wildly unpopular and completely unfunded $400 billion windfall for insurers and pharmaceutical firms. In Washington and in the states, Democrats helped ensure the successful implementation of a Republican program whose 2006 launch even John Boehner acknowledged was “horrendous.”
Todd was right to highlight the polar opposite partisan responses to President Bush’s Medicare Modernization Act of 2003 and President Obama’s Affordable Care Act of 2010 to provide Americans with context for the unprecedented Republican obstruction of Obamacare. The truth, it turns out, will set you free.
And seeking the truth– not fluffing John McCain’s pillow–is exactly what “junkie” Chuck Todd the “virtual vacuum sweeper when it comes to political facts, figures and analysis” should do every Sunday morning.
By: Jon Perr, Crooks and Liars, August 16, 2014
“Down Goes Perry!”: The GOP’s “Deep Bench” Just Completely Fell Apart
There was a time, long ago, when the Beltway media had a comforting narrative for Republicans, as they faced the loss of Mitt Romney and Paul Ryan in 2012. And it was: Unlike the Democrats, who were relying on flawed hero Hillary Clinton, the GOP had a “deep bench” of candidates for 2016, one that was especially thick with pragmatic governors.
But that bench has been splintering for a while, and now it’s a small pile of wood shavings that might be used as tinder for a fire that could ignite in 2020 or later – or not. Actually, it’s probably not even that useful.
We’ve seen New Jersey Gov. Chris Christie at least partly sidelined by his various scandals. Wisconsin Gov. Scott Walker seems to have survived two damaging John Doe investigations, only to wind up tied with political newcomer Mary Burke in his November re-election race. Former Virginia Gov. Bob McDonnell – oh, never mind, everyone crossed him off that list at least a year ago.
Now, shockingly, Texas Gov. Rick Perry has been indicted for his role in a state scandal, on Friday night. The charges center on Perry’s decision to veto funding for the office of Travis County District Attorney Rosemary Lehmberg, charged with investigating public corruption – her office’s work indicted former Texas congressman Tom DeLay in 2005 – after she was arrested for drunk driving.
Back when Perry vetoed the funding, Lehmberg was investigating the state’s Cancer Prevention and Research Institute of Texas, after multiple allegations of corruption under Perry, including the indictment of one official for mishandling a multimillion-dollar grant.
“The governor has a legitimate statutory role in the legislative process,” Texans for Public Justice director Craig McDonald, who originally filed the complaint, told the New York Times. “In the case of the Travis County district attorney, the governor had no authority over the district attorney’s job — a district attorney who was elected by Travis County voters and serves exclusively at their will.”
Talking to MSNBC’s Steve Kornacki, longtime Texas journalist Jim Moore said it looked like “Perry is trying to circumvent being investigated by anyone.” He noted that Lehmberg served 45 days in jail for her drunk driving conviction, even though there is “a long record in this state of forgiving people and electing them to office” after such crimes. That might sound like a lame liberal excuse, but Moore didn’t even mention the most famous Texas DWI arrest, that of future governor and president George W. Bush.
Indicted by a county grand jury, it’s still possible Perry will beat the charges. It’s also worth noting that Democratic Gov. Andrew Cuomo faces investigation for comparable allegations of interfering with an agency charged with investigating political wrongdoing by allies. If Clinton wasn’t in the 2016 wings, Cuomo’s troubles would be bigger national news. Now that Perry’s been making aggressive moves right, making it pretty obvious he wants to run in 2016, this is generating big headlines even on a big-news weekend.
Imagine being a billionaire Republican donor: What would you do, surveying the GOP field, if you wanted to avoid the extremism of Sen. Ted Cruz and the eccentric, occasionally libertarian stylings of Sen. Rand Paul, two relative electoral neophytes. You’d likely be crossing Rick Perry off your list tonight, even if you sympathize with his political troubles. “Indicted, but not convicted” isn’t the best slogan for a presidential candidate. There are better slogans for Republicans; Dave Weigel jokingly suggests “Romney 2016: Still not indicted.” I’m not sure that’s the winner, either, but Romney is more likely to be nominated than Rick Perry right now.
By: Joan Walsh, Editor at Large, Salon, August 16, 2014
Share This Blog
Unknown Feed- An error has occurred; the feed is probably down. Try again later.
mykeystrokes.com 