Wednesday 19 November 2014

Judge: Rick Perry felony charges stand






At a GOP presidential debate on November 9, 2011, Perry fails to remember the third of three agencies he would cut if elected president. With self-deprecation he uttered "oops," a word that has since made him the butt of jokes, including his own. At a GOP presidential debate on November 9, 2011, Perry fails to remember the third of three agencies he would cut if elected president. With self-deprecation he uttered "oops," a word that has since made him the butt of jokes, including his own.

Perry salutes after announcing on January 19, 2012, that he's suspending his presidential campaign just days before South Carolina's GOP primary. Perry finished sixth in the New Hampshire primary earlier that month. Perry salutes after announcing on January 19, 2012, that he's suspending his presidential campaign just days before South Carolina's GOP primary. Perry finished sixth in the New Hampshire primary earlier that month.

Perry compares alcoholism to homosexuality at an event in San Francisco on June 11, 2014. "I may have the genetic coding that I'm inclined to be an alcoholic, but I have the desire not to do that - and I look at the homosexual issue the same way," he said. Perry compares alcoholism to homosexuality at an event in San Francisco on June 11, 2014. "I may have the genetic coding that I'm inclined to be an alcoholic, but I have the desire not to do that - and I look at the homosexual issue the same way," he said.

Perry greets President Barack Obama as he arrives in Dallas on July 9, 2014, for a meeting with local elected officials and faith leaders about the humanitarian situation at the Southwest border.Perry greets President Barack Obama as he arrives in Dallas on July 9, 2014, for a meeting with local elected officials and faith leaders about the humanitarian situation at the Southwest border.

Perry labels Social Security a "Ponzi scheme" at a GOP primary debate on September 7, 2011, in Simi Valley, California. "Anybody that's for the status quo with Social Security today is involved with a monstrous lie to our kids, and it's not right," he said.Perry labels Social Security a "Ponzi scheme" at a GOP primary debate on September 7, 2011, in Simi Valley, California. "Anybody that's for the status quo with Social Security today is involved with a monstrous lie to our kids, and it's not right," he said.

Perry, then the lieutenant governor of Texas, hugs George W. Bush before being sworn in as governor on December 21, 2000, in Austin. Bush had been elected president and was resigning as governor.Perry, then the lieutenant governor of Texas, hugs George W. Bush before being sworn in as governor on December 21, 2000, in Austin. Bush had been elected president and was resigning as governor.

In the inaugural stages of his 2012 presidential run, Perry mingles with a breakfast crowd during a campaign stop at Bazen's Family Restaurant in Florence, South Carolina, on August 19, 2011. In the inaugural stages of his 2012 presidential run, Perry mingles with a breakfast crowd during a campaign stop at Bazen's Family Restaurant in Florence, South Carolina, on August 19, 2011.

Perry runs the Veterans Day parade route in Columbia, South Carolina, while local media and his security detail jog along to keep up on November 11, 2011. Perry runs the Veterans Day parade route in Columbia, South Carolina, while local media and his security detail jog along to keep up on November 11, 2011.

During a Florida primary debate, Perry defended a Texas program that allows students without legal documentation to take advantage of in-state tuition and argued those who disagree with him are heartless. During a Florida primary debate, Perry defended a Texas program that allows students without legal documentation to take advantage of in-state tuition and argued those who disagree with him are heartless.

Perry was booked on Tuesday on two felony charges related to his handling of a local political controversy. He vowed to fight the charges.Perry was booked on Tuesday on two felony charges related to his handling of a local political controversy. He vowed to fight the charges.









  • State District Judge Bert Richardson rules he won't dismiss Gov. Rick Perry's case

  • The defense argued a special prosecutor's oath of office, lacking a signature, was invalid

  • Judge: "It is the act of swearing, not the signature itself, that is essential"




(CNN) -- A state district judge in Texas has denied a defense motion to have two felony charges dismissed against outgoing Gov. Rick Perry.


Perry's defense argued the indictment should have been voided over questions regarding the validity of the oath of office taken by the special prosecutor in the case, Michael McCrum, as well as other paperwork technicalities.


The governor's legal team argued that McCrum incorrectly took the oath of office when McCrum was sworn in as special prosecutor in August 2013, and thus, McCrum's work over the past 15 months should be considered invalid.


The district judge disagreed.


"This court concludes that Mr. McCrum's authority was not voided by the procedural irregularities in how and when the oath of office and statement of officer were administered and filed," Judge Bert Richardson said in his ruling.


Richardson concluded that because the two parties didn't dispute that McCrum did in fact take the oath of office, McCrum's lack of a signature on the paperwork doesn't invalidate his pledge.


"It is the act of swearing, not the signature itself, that is essential," the ruling reads.


Perry was indicted in August on two felony charges, accused of abusing his power as governor in trying to pressure a Travis County district attorney to step down. Perry had threatened to veto a bill that would provide funding for a public integrity unit headed Rosemary Lehmberg, in light of Lehmberg being arrested for drunken driving in August 2013.



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