Judge Refuses to Toss Rick Perry Indictment
A Texas judge on Tuesday refused to dismiss a felony abuse-of-power case against former Gov. Rick Perry on constitutional grounds, ruling that criminal charges against the possible 2016 presidential candidate should stand.
In 44 pages of decisions and orders, District Judge Bert Richardson, who like Perry is a Republican, rejected calls from Perry’s pricy defense team to toss the case because its client was acting within his rights as chief executive of America’s second-most populous state when he publicly threatened, then carried out, a 2013 veto of state funding for public corruption prosecutors.
Richardson wrote that, “Texas law clearly precludes a trial court from making a pretrial determination regarding the constitutionality of a state penal or criminal procedural statute as the statue applies to a particular defendant.”
This prosecution is a joke. I’ll try to find the judge’s order tonight and comment on it.
Absurd.
Patterico (9c670f) — 1/28/2015 @ 7:53 amWhy do you say it is absurd before reading the order? The judge may very
well feel that the case is a joke but that Texas law won’t let him dismiss it beofre trial.
Maybe he will do what the judge at K.B.H. trial did, castrate the prosecutors case once the trial starts, humiliating the prosecutor and ending all chances of a show trial.
or did you mean the prosecutor was absurd ?
seeRpea (1d44c7) — 1/28/2015 @ 8:01 ambecause we know the record of the judge, as with Walker and the GAB scam,
narciso (ee1f88) — 1/28/2015 @ 8:03 amI mean the prosecution is absurd. Don’t know about the judge’s order.
Patterico (9c670f) — 1/28/2015 @ 8:05 amThe judge may very well feel that the case is a joke but that Texas law won’t let him dismiss it before trial.
Exactly, and the order itself creates grounds to appeal to a court which can.
Kevin M (25bbee) — 1/28/2015 @ 8:08 amThere is analysis of and a link to the Order here.
DRJ (a83b8b) — 1/28/2015 @ 8:14 amPat, I admire you for working in the field of law.
I couldn’t do it. Simple me, I just think some people need killing.
Fortunately there are people in this world like you.
Steve57 (a04df5) — 1/28/2015 @ 8:24 amJudge Richardson was a visiting trial court judge assigned to hear the Perry case, but he was subsequently elected a Texas Court of Criminal Appeals judge in November. As a result, hJudge Richardson needed special permission to even make this ruling.
Perry’s team announced it would appeal this Order and the next (and final) level of appeals for criminal cases is the Tex-/ Court of Criminal Appeals. Thus, Judge Richardson’s ruling will be appealed to the court he sits on now. I assume he will have to recuse himself but it seems awkward for the appellate court judges to be ruling on their new colleague’s decision immediately after his election.
DRJ (a83b8b) — 1/28/2015 @ 8:27 amit seems dubious, how the indictment could stand, and the Texas Tribune, no friend of Perry acknowledges that.
narciso (ee1f88) — 1/28/2015 @ 8:29 amThere are people in this world who need killing.Like the Boko Haram a##whipes. They need killing, and I would dearly love to be in on the job.
#BringOurGirlsBack
Steve57 (a04df5) — 1/28/2015 @ 8:29 amMaybe the prosecutor believes that a jury in Austin could be found that will convict him. There was a reason why Garcetti moved the OJ case from Santa Monica, the nearest courthouse, to LA which had a suitable number of blacks in the jury pool.
Mike K (90dfdc) — 1/28/2015 @ 8:30 amI am not a good Christian. I try to be, but I’m just not.
Steve57 (a04df5) — 1/28/2015 @ 8:34 amOn the plus side, this indictment will not have any effect on the election if Perry runs. While some concern trolls might say otherwise, no one will change their vote because of this nonsense.
Steve57- I agree with your first part, otoh, we need a Justice System but all we have is a Legal System. We would be better off with more killing.
JNorth (5fe1bf) — 1/28/2015 @ 8:37 amHere is a direct link to the Perry Order. The San Antonio Express News quotes the prosecutor as praising the Judge for “exercising a bunch of wisdom.” That phrasing tickles me. It’s so unlawyer-like and cute.
DRJ (a83b8b) — 1/28/2015 @ 8:41 amPerry could be convicted in Travis County. He’s an Aggie and Travis County is home to UT, plus Travis County has many liberal residents and Perry is definitely not a liberal. As a result, many jurors who want to be neutral — and I think most people try to do that — will be open to what the prosecutor says or they may be more easily convinced by his argument.
DRJ (a83b8b) — 1/28/2015 @ 8:47 amif the stupid judge can’t recognize a frivolous lawsuit when he sees it maybe he shouldn’t be a judge maybe he should go back to school and become a respiratory therapist or something where he can at least help people
happyfeet (a037ad) — 1/28/2015 @ 8:54 amAUTOMOTIVE TECHNOLOGY TRAINING at the Lincoln Technical Institute
carlitos (c24ed5) — 1/28/2015 @ 8:57 amyes yes and if he times it right i bet he can get the first two years free
happyfeet (a037ad) — 1/28/2015 @ 9:24 amthe judge was supported by McCrum, a bit of a conflict, unless the whole thing is fixed,
narciso (ee1f88) — 1/28/2015 @ 9:26 amI recalled something like that:
https://patterico.com/2014/08/17/three-things-you-might-not-know-about-perry-persecutor-michael-mccrum-allegations-of-misconduct-his-donation-to-the-judge-who-appointed-him-and-his-politics/
narciso (ee1f88) — 1/28/2015 @ 9:31 amCan I just say what a comfort to uncover somebody who truly
whole body (e607ee) — 1/28/2015 @ 9:35 amunderstands what they’re discussing over the internet.
You definitely understand how to bring an issue to light and
make it important. A lot more people should check this
out and understand this side of the story. I can’t believe you are not more popular given that you surely
have the gift.
narciso’s,
That’s a valid point that we can’t rule out. However, Texas has a bifurcated appellate system so criminal appeals follow a different path than civil appeals. The Texas Court of Criminal Appeals is the highest criminal court, and the Texas Supreme Court is the highest civil court. Republicans dominate both, as they do all state-wide offices, and there is only one Democrat on the Court of Criminal Appeals. Thus, it doesn’t surprise me to learn a criminal law attorney has donated to someone running as a Republican for a seat on the Court of Criminal Appeals.
DRJ (a83b8b) — 1/28/2015 @ 9:42 amBut I agree with the points Patterico made at your link and recommend people read it if they aren’t familiar with this prosecutor. There are reasons to ask questions about his actions and impartiality.
DRJ (a83b8b) — 1/28/2015 @ 9:46 amhttps://patterico.com/2015/01/28/judge-refuses-to-toss-rick-perry-indictment/#comment-1735492
@ 21 Nice chunk O Spam you oozing scab of crusted putrefying skin cancer.
Jack (ff1ca8) — 1/28/2015 @ 9:52 amThe Senate Judiciary Committee is questioning Atorney General nominee Loretta Lynch. She is very well-spoken and well-prepared. Her answers aren’t helpful but they’re smooth.
DRJ (a83b8b) — 1/28/2015 @ 11:28 amLynch just said the Department of Justice’s and U.S. attorney’s commitment to securing the border is strong.
Heh.
DRJ (a83b8b) — 1/28/2015 @ 11:38 amHer answers aren’t helpful but they’re smooth.
Like Holder, she is an accomplished liar.
Mike K (90dfdc) — 1/28/2015 @ 11:40 amI wish I had a dollar for every time she’s said “I am not familiar with that (law/program/fill-in-the-blank)” or “I am not aware of that” or “I can’t give you the specifics.” She’s Col. Klink.
DRJ (a83b8b) — 1/28/2015 @ 11:54 amThe judge doesn’t sound like he has a very great opinion of the quality of that defense team.
They failed to ask to amend Count 1, so tat the prosecutor would be arguing that veto threat constitutes a crime.
They didn’t notice that Count 2 was not alleging a felony, but a Class A misdemeanor.
He also said the remedy to a defective count was to allow the prosecutor to amend it. You could not get a dismissal, at least at that stage.
It could be that counts could be dismissed if the prosecutor was not able to overcome
Sammy Finkelman (e806a6) — 1/28/2015 @ 12:24 pma claim that what it alleged was not a crime.
Sammy:
Sammy, Sammy, Sammy. That’s a quote from an AP article, not a quote from the judge. I believe you read a lot of things but your comprehension is limited.
DRJ (a83b8b) — 1/28/2015 @ 12:46 pmFTFY.
that’s why i stopped reading his posts months ago, and, if i could, i’d block his BS to keep threads on topic and at a reasonable length. JMHO/YMMV
redc1c4 (4db2c8) — 1/28/2015 @ 1:01 pmDRJ (a83b8b) — 1/28/2015 @ 12:46 pm
What quote?? I didn’t quote anything.
Oh, you mean the words “Perry’s pricy defense team?”
I didn’t click on the link, and I never thought that was written by the judge.
I was pointing out that the judge did not have a high opinion of them, in spite of their fact they charged a lot.
Sammy Finkelman (e806a6) — 1/28/2015 @ 1:48 pmThat’s why I got a 720 on the SAT verbal long ago. That’s why I got a 64 (scaled score) on the CLEP test “Analysis and interpretation of Literature”
Because my reading comprehension is bad.
Now where I may go wrong is filling in what I don’t know.
Sammy Finkelman (e806a6) — 1/28/2015 @ 1:49 pmYou have no idea what the judge thinks of the lawyers, nor do I. Who wins or loses a case is not a reflection of what the judge thinks of the lawyers’ abilities. It’s a reflection of the judge’s opinion of the applicable laws.
Are you being sarcastic in 33? That’s interesting if you are.
DRJ (a83b8b) — 1/28/2015 @ 2:25 pmDRJ I think Sammy has the gist of what is going on with the Judge.
Judges who are bothered by attorneys in front of them go out of their way to get little digs in the orders.
The points made in the order, definitely are snide remarks on the quality of lawyering. Whether warranted or not, Judges use these remarks to remind the attorneys who is boss.
Steve Malynn (6b1ce5) — 1/28/2015 @ 2:31 pmPriceless
JD (86a5eb) — 1/28/2015 @ 2:35 pmWere you talking to me?
Steve57 (a04df5) — 1/28/2015 @ 2:36 pmSteve Malynn (6b1ce5) — 1/28/2015 @ 2:31 pm
Bless your heart, Steve, for defending Sammy, but Sammy has already admitted to not reading the link provided. So you, in affect, are defending Sammy’s gist of remarks that Sammy did not read.
Sammy is quite right that he needs to fill in the (many) things he does not know.
felipe (56556d) — 1/28/2015 @ 2:56 pmPriceless
JD (86a5eb) — 1/28/2015 @ 2:35 pm
I know, JD!
felipe (56556d) — 1/28/2015 @ 2:57 pmDRJ, that’s nice that you try. But SF is an interesting case. I think he is a chatterbot or well crafted performance art.
I’m only half kidding.
SF most certainly isn’t stupid, but his approach to life reminds me of Otto’s in “A Fish Called Wanda.”
Simon Jester (c8876d) — 1/28/2015 @ 2:58 pm37.Were you talking to me?
Steve57 (a04df5) — 1/28/2015 @ 2:36 pm
you mat be clairvoyant, steve57, but no, I was talking to Mr. Malynn – with respect, of course.
felipe (56556d) — 1/28/2015 @ 2:59 pmOtto (defensively): Apes do mot read books about philosophy!
Wanda (shouting): YES THEY DO! – They just don’t understand it.
felipe (56556d) — 1/28/2015 @ 3:02 pmOops! Wanda is the fish, not the character J.L. Curtis plays. Sorry -frantic typing!
felipe (56556d) — 1/28/2015 @ 3:03 pmNobody can make heads or tails out of Texas political trials.
nk (dbc370) — 1/28/2015 @ 3:03 pmI blame my keyboard for all the typos! It has been drinking
felipe (56556d) — 1/28/2015 @ 3:08 pm“That’s why I got a 720 on the SAT verbal long ago. That’s why I got a 64 (scaled score) on the CLEP test “Analysis and interpretation of Literature”
Because my reading comprehension is bad.”
– Sammy Finkelmann
Of all the abuse that’s been heaped on Sammy over the past few years, that’s the first time I’ve seen him react defensively. I used to think he didn’t understand that he was having abuse heaped upon him. Now I think that he has understood all along, and just has an incredibly thick skin.
Kudos to him, seriously.
Leviticus (f9a067) — 1/28/2015 @ 3:10 pm==Now where I may go wrong is filling in what I don’t know.==
That is such an important realization you just had, Sammy. If you stuck with writing what you do know or what you can positively verify, and stayed away from the conjectures, guesses and maybes, I think this would be a much happier place for everybody. Filling in fake or unsupported “facts” to create a story or to finish a story is not the same thing as having an opinion about something.
elissa (ccdcb7) — 1/28/2015 @ 3:11 pmSteve Malynn,
The judge questioned the way Governor Perry’s attorneys challenged the prosecutor’s indictment, but he also questioned the indictment. Do you think he was being snide on page 14 of the Order when he pointed out concerns about the indictment?
DRJ (a83b8b) — 1/28/2015 @ 3:12 pmLeviticus,
Do you think law school — where you were questioned and had to defend your opinions — was abusive? How is asking Sammy to answer questions and defend his opinions any different?
DRJ (a83b8b) — 1/28/2015 @ 3:16 pmAnd herein lies the problem with Conservatives and Republicans — they continue to play by the rules while the other could give a f* less about them.
Which is why I have stated for years the only way to beat the Left is to obliterate them with anything and everything when the oppt presents itself. And when confronted, do Obola and pretend you see nothing and hear nothing.
So in this case, if the Prosecution entire office building hypothetically burned to the ground, label it an electrical fire and repeatedly state how dangerous it is to keep crystal meth labs in the basement. Call it a day and let someone figure it out on their own.
This is what the Left does ALL THE TIME. They keep tightening the noose every chance they get and then the right responds by doing nothing except maybe slightly relieving some pressure. But the noose stays on.
This is why I don’t care if getting these laws changed requires dirty pool. In fact I welcome it and applaud the mystery antagonist getting the work done. It engenders some respect by the other side in this war. And a little fear goes a long way in turning this awful situation around — from the IRS Scandal to day to day BS from City Hall.
Rodney King's Spirit (69985e) — 1/28/2015 @ 3:17 pmWe need a right wing dictatorship in this Country. Pinochet style.
Rodney King's Spirit (69985e) — 1/28/2015 @ 3:19 pmThe veto thing is weird. If the indictment alleges malfeasance because of veto, or if it alleges malfeasance because of the wearing of a pink tutu and ballet slippers during the State of the State, that’s the grand jury’s business. The trial court’s business is to determine whether the indictment alleges a crime under Texas law on its face. And it’s sure as hell not the duty of the defense lawyers to tell the prosecution how to properly allege a crime against their client. And, at trial, the State better prove the facts of what it alleged.
And how can the prosecution amend an indictment substantively except by reconvening the grand jury? Unless, of course, the stupid defense waives that objection by not objecting when the court grants the prosecutor leave to amend the indictment on its face.
nk (dbc370) — 1/28/2015 @ 3:29 pmOkay, Sammy, why did you include the quote about the “pricy defense team” in your discussion of the Order? Was it relevant to the analysis or were you being snide and sarcastic?
DRJ (a83b8b) — 1/28/2015 @ 3:31 pmMaybe the judge has ruled what he thinks is the law, or maybe he wants the Court of Criminal Appeals to do the dirty work for him. I don’t know enough about criminal law to decipher this.
DRJ (a83b8b) — 1/28/2015 @ 3:33 pm“Do you think law school — where you were questioned and had to defend your opinions — was abusive? How is asking Sammy to answer questions and defend his opinions any different?”
– DRJ
No, I don’t think law school was abusive. (?)
I don’t think your abuse was the worst Sammy has received on this site, not by a long shot. But have you asked Sammy to defend his opinions? I see a comment accusing him of limited comprehension and a comment asserting that he has no idea what judges think. I don’t think it’s particularly polite to tell someone “I believe… your comprehension is limited.”
I’m gonna stick up for Sammy on this one. Is he a little strange in his commenting? Yes. Has he ever been rude to anyone? Like, ever? Not that I’ve seen.
Leviticus (f9a067) — 1/28/2015 @ 3:34 pmWe cross-posted (in acknowledgment of your comment at 3:31).
Leviticus (f9a067) — 1/28/2015 @ 3:36 pmOops! Wanda is the fish, not the character J.L. Curtis plays. Sorry -frantic typing!
Wanda is the name of both Jamie Lee Curtis’s character and the fish. Recall that Michael Palin names the fish after her because he is so besotted with her.
JVW (aa050c) — 1/28/2015 @ 3:43 pmHas he ever been rude to anyone? Like, ever? Not that I’ve seen.
There is a certain amount of rudeness inherent in expounding upon a piece that you haven’t read.
JVW (aa050c) — 1/28/2015 @ 3:44 pmVery well, abuse it is, and I take your comments as expressing your honest opinions. I also thought I was being honest.
Leviticus, I hope you will engage Sammy in future discussions because he’s ruining this blog. I shall decline because I don’t want to be rude or abusive.
DRJ (a83b8b) — 1/28/2015 @ 3:44 pmWhat I remember from my 42-years ago ACT was that I tested at 335 words a minute with 85% comprehension (or retention). Sammy may very well be saying that he should have gotten a 780 instead of 720 if not for a low comprehension component score, and not being sarcastic.
nk (dbc370) — 1/28/2015 @ 3:49 pmJVW (aa050c) — 1/28/2015 @ 3:43 pm
Thanks, man. I second guessed myself. I’ve seen the movie only once, but that exchange stuck with me.
felipe (56556d) — 1/28/2015 @ 3:57 pmfelipe (56556d) — 1/28/2015 @ 3:57 pm
Great, great movie. Kevin Kline is apparently an insufferable leftist, but damn is he funny in that role.
JVW (aa050c) — 1/28/2015 @ 4:00 pmDon’t want to fight with anyone, DRJ, but you and elissa and nk have really tried to help the guy out. Not abusive at all. The real test, of course, is having SF tell you all about a field in which you have long experience. That would try anyone’s patience. And I mean anyone’s.
But….it’s not my blog.
Simon Jester (c8876d) — 1/28/2015 @ 4:02 pmIt disturbed and annoyed me. It pretty much represents everything I detest about post-hippie society. I considered the Mad Max movies less dystopic.
nk (dbc370) — 1/28/2015 @ 4:04 pmnk, what is your favorite movie? I like old movies a lot, but have always tried to watch newer ones over the years. “A Fish Called Wanda” didn’t upset me as much as “The Wolf of Wall Street” when it comes to our crude societal distillate.
Simon Jester (c8876d) — 1/28/2015 @ 4:07 pmI loved “Casablanca” and “Lawrence of Arabia” an awful lot.
Simon Jester (c8876d) — 1/28/2015 @ 4:07 pmEvery comment of Sammy’s is a lesson in the Gell-Mann effect.
felipe (56556d) — 1/28/2015 @ 4:09 pmI’d have to give you about 10 or so, Simon. Yojimbo, Once Upon A Time In The West, The Wild Bunch, Murder My Sweet, doing free association right now.
nk (dbc370) — 1/28/2015 @ 4:11 pmMy favorite movie is Kubrick’s Dr. Strangelove (or why I stopped worrying and learned to love the bomb).
For years, the outgoing message on my answering machine (remember those?) was George C. Scott saying:
“You just start your countdown, and ol’ buck’ll be back before you can say – ‘BLAST OFF!'”
felipe (56556d) — 1/28/2015 @ 4:15 pmTravis County Dems, I actually kind of respect. In a fairly conservative State, in their little bastion of idiocy, they don’t pull any punches. They have taken down some pretty big fish on the basis of absolutely nothing. They have criminalized being a Republican, and really show no shame about doing so. They know that Republicans will never respond in kind, or even proportionately. So, win win for them.
Leviticus – He has “abuse” heaped at him because he promotes unserious conjecture as serious truth. See – SOOPER SEKRIT INTELLIGENCE. Then, after 23 5000+ word treatises, he assumes his wild conjecture as fact, and goes on to base and endless series of speculation on the initial speculation. He rarely responds to direct questions, never gets deterred when his speculation is shown to be wrong wrong wrong. He just keeps right on going. He is like the energizer bunny on a keyboard.
JD (86a5eb) — 1/28/2015 @ 4:16 pmI watched Tombstone after Justified last night. I quit counting how many times I have enjoyed that movie.
JD (86a5eb) — 1/28/2015 @ 4:17 pmToo Many Rivers To Cross, The Quiet Man for my feminine side. 😉
I really like Shakespeare, if properly acted. Measure For Measure is a milestone in, maybe the mother of, literary irony.
A Lion in Winter for the acting, A Man For All Seasons for both the acting and the substance, from modern plays.
nk (dbc370) — 1/28/2015 @ 4:17 pmWH spokeshole informed us today that the Taliban is not terrorists, ISIS is. The Taliban is an armed insurgency.
JD (86a5eb) — 1/28/2015 @ 4:18 pmhis drivel, whether OT or on, routinely insults the intelligence of the posters here… not including “Perry” and the spammers, of course. if that’s not rude, what is?
JMNSHO/YMMV.
redc1c4 (4db2c8) — 1/28/2015 @ 4:22 pmthen 9-11 was an act of war, and we chould have declared, and waged, unrestricted warfare against them, and all of their supporters until they either were dead or surrendered unconditionally.
then, any surviving leadership should have been tried, and, if convicted, executed for war crimes.
redc1c4 (4db2c8) — 1/28/2015 @ 4:25 pmDRJ (a83b8b) — 1/28/2015 @ 3:31 pm
Because it looked like Patterico had endorsed it. Obviously, that’s not the case when a few paragraphs are quoted.
I The point was that they charged a lot, the judge didn’t think very highly of them. That seemed to be a point worth noting. Rick Perry apparently has expensive lawyers, but not very good ones. Which may be relevant to what the judge did, or what it portends.
The judge indeed thought that they weren’t very good..
The Texas Tribune article says:
That doesn’t sound like he has a very high opinion of Gov Perry’s legal team.
Now I didn’t say Judge Bert Richardson went out of his way to say Perry’s lawyers weren’t very good. I said:
That leaves open the possibility that’s not right – maybe he does have a great opinon of them.
Sammy Finkelman (e806a6) — 1/28/2015 @ 4:35 pmWell, I read the judge’s order. It seemed to me that the first 8 pages were his attempt to teach a class in remedial lawyering. My favorite footnote was the quote: “The main thing is to remember to keep the main thing the main thing.”
felipe (56556d) — 1/28/2015 @ 4:38 pmSammy, DRJ and others pointed out that “pricy defense team” was merely a subjective descriptor written by an Associated Press reporter in a news story datelined Austin. The judge did not say those words. Do you understand that? Yes or No.
elissa (ccdcb7) — 1/28/2015 @ 4:58 pmSimon Jester,
My favorite movie is also Lawrence of Arabia.
DRJ (a83b8b) — 1/28/2015 @ 5:04 pmThat distinction matters, Sammy, because IF the judge was dissatisfied with the defense’s technical performance in this or any case, he would have the same objection whether they were highly paid or were court appointed.
elissa (ccdcb7) — 1/28/2015 @ 5:07 pmI’m very fond of the 1975 “The Three Musketeers” and “The Four Musketeers.”
LOVE “Tombstone.” Also “Unforgiven.”
But this is one of my favorite scenes from “Key Largo.” It explains a lot about some of my progressive friends.
https://www.youtube.com/watch?v=HWa6vsXOKAU
And this is never far from me, from “Harvey.” It helps me every day at work.
https://www.youtube.com/watch?v=EzOIhLJ1C-Y
Just look at Jimmy Stewart’s face as he states the choices.
That’s acting.
Simon Jester (c8876d) — 1/28/2015 @ 5:09 pmThe administration spokesman: The Taliban is an armed insurgency.
redc1c4 (4db2c8) — 1/28/2015 @ 4:25 pm
That’s exactly what Bush considered it. Act of war – in fact a war crime. But not a violation of the criminal code.
We did, except for the fact that we regarded Pakistan as an ally, and let Pakistan take responsibility for the otgher side of Tora Bora..
Mullah Omar is in Pakistan. As was Osama bin Laden. Mullah Omar, though has not said or done anything publicly for about four years now. Of course now they’re busy trying to separate the moderate Taliban from the really bad bad Taliban.
Sammy Finkelman (e806a6) — 1/28/2015 @ 5:12 pmFargo
happyfeet (831175) — 1/28/2015 @ 5:23 pmI have always fought reality, too, Simon, but every time I think I have driven it back it regroups and counter-attacks stronger than before.
nk (dbc370) — 1/28/2015 @ 5:24 pmHarvey (by a mile)
elissa (ccdcb7) — 1/28/2015 @ 5:29 pmCasablanca
GWTW
The Trip to Bountiful (an under-appreciated gem)
Body Heat (Guilty Pleasure)
Perry and his legal team have goals. The attorneys’ goal is to win but Perry’s goal may be to win as quickly as possible so that he could move forward in his Presidential campaign without this indictment hanging over his head.
Perry’s attorneys probably gave him choices regarding how to respond and outlined the risks and benefits of each. I’m not commenting on the Judge’s Order — whether he said good things or bad things or something in between — but how Perry and his lawyers responded may have been focused on a strategy designed to get the indictment quashed as quickly as possible.
DRJ (a83b8b) — 1/28/2015 @ 5:32 pmSammy does that with my posts on a semi-regular basis.
The times when Sammy has really gotten my goat is when he comes along and disagrees with me, advancing an argument that I already refuted in the post, with absolutely no acknowledgement that I have already mentioned and dispensed with that argument. Or when he chimes in and makes a point that I already made in the post. This can happen to anyone, but it happens more often with Sammy than anyone I can think of.
Patterico (9c670f) — 1/28/2015 @ 5:43 pmI hadn’t realized that the judge who appointed McCrum was the same judge who was hearing this motion. (And the same judge who got a donation from McCrum.) Maybe that’s standard practice in Texas but it bothers me.
Patterico (9c670f) — 1/28/2015 @ 5:47 pmYou know what’s disconcerting? When we have a post about Rick Perry and everyone in the comments refers to him as “Perry.” I always have that one moment when I think that our resident troll Perry has reared his ugly head again.
JVW (60ca93) — 1/28/2015 @ 5:48 pmDRJ at 86. That’s what I think too, DRJ.
Up here, I would have made a trial demand and started the 160 day speedy trial period running. Done a SOJ, and if I got a fair judge waived jury (the State has no right to a jury in Illinois, nor a SOJ). Two-day bench trial. There’s more danger than benefit in trying to short-circuit the already built-in advantages for the defendant. But Cook County is not Travis County.
nk (dbc370) — 1/28/2015 @ 5:50 pmOK, it’s clear I need to watch this movie. It’s my brother’s favorite, which means I really should have watched it long ago, because my brother is a movie guy. (If you read his books you can tell; they are easy to visualize as movies.) I have resisted until now because, well, I have seen clips and it looks like sand and more sand. But clearly there’s more to it.
Patterico (9c670f) — 1/28/2015 @ 5:55 pmPapillon
Colonel Haiku (2601c0) — 1/28/2015 @ 5:57 pmSaving Private Ryan
Treasure of Sierra Madre
The King of New York (lol)
Prizzi’s Honor
The Man Who Shot Liberty Valance
Oh Brother Where Art Thou,… I’ll never grow tired of that one… and really, just about any Coen Brother movie.
Colonel Haiku (2601c0) — 1/28/2015 @ 6:00 pmThere’s something for everybody in “Lawrence of Arabia”. It is one of the greats.
nk (dbc370) — 1/28/2015 @ 6:10 pmand Wes Anderson makes some very unusual – unique? movies. Fellow definitely has a certain style.
Colonel Haiku (2601c0) — 1/28/2015 @ 6:11 pmelissa (ccdcb7) — 1/28/2015 @ 4:58 pm
Of course the judge didn’t say that! I never thought the judge said it. This was something written by somebody else.
I think I can straighten this out now.
The key thing that bothered me was this:
High priced defense team?
Now that sounded like Rick Perry had made the best possible case for dismissal, and the judge had rejected it.
I mentioned the judge as a kind of authority – I was trying to say the fact that they well paid didn’t mean they were good or did the right thing. I said @29.
That was not a comment saying that the words “pricey defense team” are an indication that judge didn’t have a very great opinion of the quality of that defense team. I see now that some people are interpreting it that way, although to do that you have to think that I think the word “pricey” is derogatory.
No, I quoted that in contrast to them being pricey, because that paragraph there was written as if pricey meant high quality, and I felt that was wrong. And the tone of the excerpt quoted was also that Perry had a bad case – even good lawyers couldn’t help him.
Sammy Finkelman (e806a6) — 1/28/2015 @ 6:11 pmThe re-mastered HD version of L of A had such vivid colors that it was quite something to see… a movie that’s hard to improve upon, but that did it for me.
Colonel Haiku (2601c0) — 1/28/2015 @ 6:19 pm35 38. Steve Malynn (6b1ce5) — 1/28/2015 @ 2:31 pm
felipe (56556d) — 1/28/2015 @ 2:56 pm
I didn’t read that link at the top of the post, but I did read the Texas Tribune article that I quoted @76 that DRJ linked to @6.
I didn’t read the judge’s order – I don’t find the link there -(it’s @14 though, but I didn’t click on it) so all that was based just on the news report, but someone who did read it pointed out all sorts of things like that, so my insight was correct. More information only makes it more clear it is correct that the judge did not have a high opinion of the lawyering.
Sammy Finkelman (e806a6) — 1/28/2015 @ 6:23 pmSammy is quite right that he needs to fill in the (many) things he does not know.
What happens is that sometimes I know things need checking – not every bit of speculation does – but I know some fact needs checking, and I should check it before I say something, but I respond here without it because it takes too much time. And that’s where I really go wrong. I have to be a little bit more careful.
Now it is also true I fill in gaps, and sometimes these are justified. But sometimes before doing that I should check an ancillary fact.
Sammy Finkelman (e806a6) — 1/28/2015 @ 6:27 pm87. It is also true I comment without reading the whole thread, and sometimes that doesn’t come out too good.
Sammy Finkelman (e806a6) — 1/28/2015 @ 6:29 pmWhat movies do you like, Sammy?
nk (dbc370) — 1/28/2015 @ 6:29 pmelissa (ccdcb7) — 1/28/2015 @ 5:07 pm
Yes.
But somebody else might think because they were highly paid, that meant there was good lawyering going on here, and I think that was the implication..
I went on @29 to cite things mentioned in the Texas Tribune article – there’s more in the Order – that backed up the first statement I made – that the judge didn’t have a very high opinion of the laeyers.
Now some people are saying that wasn’t bad lawyering – it was just long shot lawyering – except the judhe said they missed some points.
Sammy Finkelman (e806a6) — 1/28/2015 @ 6:34 pmnk (dbc370) — 1/28/2015 @ 6:29 pm
I answered a YouGov poll about that the other day.
I actually don’t see movies very much.
I said “Beetle Juice” “The Russians are Coming” and I think “Hello Dolly” and “The Sound of Music”
The very first Harry Potter movie Troll, from 1985, wasn’t too bad.
Sammy Finkelman (e806a6) — 1/28/2015 @ 6:37 pmIt’s easy to get one step ahead of ourselves, Sammy. Especially if it’s a subject we are passionate about. A good habit to get into is to stop, take a breath and re-read everything you are commenting on. Then, after you have written your comment – but not yet hit the submit button, go back and re-read what you are responding to again, and then re-read everything you have written about it. Double and triple checking helps. Mostly, though, just slowing yourself down – your thoughts, your reading, and especially your need to hit the submit button make for a clearer, more accurate and understandable comment. Readers appreciate that. I’m glad you are a regular here, Sammy.
Dana (8e74ce) — 1/28/2015 @ 6:37 pmIf you watch the movie “Troll” you will see, yes, it is a Harry Potter movie, made before any of the books were written.
Sammy Finkelman (e806a6) — 1/28/2015 @ 6:38 pmI saw Lawrence of Arabia as a child. I was so utterly bored and unhappy having to sit there, that to to this day I have never watched it as an adult. Because sand, sand, sand and more sand. Blech.
Dana (8e74ce) — 1/28/2015 @ 6:39 pmAlso, I like the .338 Winchester Magnum. Better than any movie.
Steve57 (a04df5) — 1/28/2015 @ 6:47 pmI killed a Gemsbok with one. Like, right now. In Namibia.
Steve57 (a04df5) — 1/28/2015 @ 6:49 pmAnd camels.
Dana (8e74ce) — 1/28/2015 @ 6:52 pmIf you kill a camel, what are you supposed to do with it?
Steve57 (a04df5) — 1/28/2015 @ 6:54 pmI am not eating a camel.
Steve57 (a04df5) — 1/28/2015 @ 6:56 pmSteve, would you walk a mile for a camel?
kishnevi (294553) — 1/28/2015 @ 7:21 pmJD (86a5eb) — 1/28/2015 @ 4:16 pm
It’s undeniable that the source of the information that the attack in Benghazi was spontaneous and prompted by a video was SOOPER SEKRIT INTELLIGENCE and it was not made up in the White House, and I brought all sorts of things to prove that, and I think not too long ago Steve57 had to agree, because that’s what a House Intelligence Committee report said.
I’ll just cite two things here (from the talking points e-mails)
http://i42.tinypic.com/2u8e98x.jpg
Tommy Vietor wrote at 8:43 PM Friday September 14, 2012
This was not idea invented in the White House. It was SOOPER SEKRIT INTELLIGENCE that came from the CIA. Clapper said to “correct the record,” but Clapper didn’t make things up out of whole cloth.
The other thing, from the same night, at 9:34 pm ,is from Benjamin J Rhodes, deputy national security adviser for strategic communication, a former speechwriter who coined the term “kinetic military action” and more recently secret negotiator with Cuba (Obama’s Henry Kissinger)
He wrote:
http://i42.tinypic.com/2wflqn8.jpg
You have to understand. They did not expect to blow up in their faces.
They actually believed what they sent Susan Rice out to say.
You notice he even refers to intel.
Sammy Finkelman (e806a6) — 1/28/2015 @ 7:23 pmFavorite movies…
African Queen
The Shootist
Schindler’s List
Charade, which is the best Hitchcock film not made by Hitchcock.
Steel Magnolias
Hook.
Ask me tomorrow and I might have a different list
kishnevi (3719b7) — 1/28/2015 @ 7:28 pmI think that is very legitimate, although of course you increas ethe probability that your later conclusions are wrong. Best is when you have several different lines of analysis.
And the more speculation, the more it may be disproven – completely fall apart. That doesn’t happen with most of what in speculate – instead new things come in backing it up.
When have I been shown to be wrong, wrong, wrong?
I said ebola had peaked in Liberia, and was derided, but it was true.
Sometimes people think I’m saying something other than what I am saying, or that I disagree about some point where I don’t disagree. And sometimes I just don’t get around to countering an argument.
Sammy Finkelman (e806a6) — 1/28/2015 @ 7:31 pm“There’s something for everybody in “Lawrence of Arabia”. It is one of the greats.”
nk – Peter O’Toole was one of my favorite actors growing up.
daleyrocks (bf33e9) — 1/28/2015 @ 7:36 pmhttp://www.weeklystandard.com/articles/i-d-walk-mile_810868.html
Sammy Finkelman (e806a6) — 1/28/2015 @ 7:36 pmSammy, re 98. I still think you are correct. I do not have the trial experience of our esteemed host (trial lawyering burnt me out after 12 years, more stressful than the Infantry) – but your take still seems accurate with regards to the Judge schooling the Perry’s attorneys.
Very important adage: a good lawyer knows the law; a great lawyer knows the judge.
Steve Malynn (6b1ce5) — 1/28/2015 @ 7:38 pmSteve Malynn (6b1ce5) — 1/28/2015 @ 7:38 pm
That sounds like something out of Tammany Hall.
http://www.barrypopik.com/index.php/new_york_city/entry/its_better_to_know_the_judge_than_to_know_the_law/
Sammy Finkelman (e806a6) — 1/28/2015 @ 8:01 pmRe: knowing the judge
It looks like this happened with about to resign New York State Assembly Speaker Sheldon Silver too:
This was the front page story in he New York Post this Sunday:
http://nypost.com/2015/01/25/silvers-law-firm-rakes-in-cash-as-asbestos-court-fast-tracks-claims/
Sammy Finkelman (e806a6) — 1/28/2015 @ 8:04 pmThat’s how 25 states got same sex marriage.
nk (dbc370) — 1/28/2015 @ 8:07 pmSeven Samurai
Best movie ever made. The 1950 Cyrano de Bergerac is also among the best.
machinist (313c6a) — 1/28/2015 @ 8:08 pm121. Lawyers knowing the judge?
That’s certainly true for California.
Sammy Finkelman (e806a6) — 1/28/2015 @ 8:10 pmhttp://vid118.photobucket.com/albums/o109/machinist360/Movie%20clips/Lawrance%20clip%201.mp4
machinist (313c6a) — 1/28/2015 @ 8:13 pmI think what puts many people off of Lawrence of Arabia is that it is monotonous — it is a very long movie, the story moves slowly, the dialogue is slow, and the scenery is amazing but (like most of the desert) is unchanging so it is simultaneously beautiful and monotonous.
What redeems the movie from these “flaws” is the flawless acting and how the movie weaves the individual story of T.E. Lawrence with the historic people and events of Britain and the Middle East. It is a historical novel that appeals to people like me, who are intrigued by the conflicting goals and actions of the British in the Middle East. It is also the story of a man — a strange man and maybe even a madman — who almost changed history because of his determined character and his dreams. Lawrence of Arabia makes you feel something for Lawrence, for the people that he attracts and the ones he repels, and for mysterious Middle East.
DRJ (a83b8b) — 1/28/2015 @ 8:17 pmIt’s called forum shopping, Sammy. Plaintiffs do it all the time. Find a judge, or a whole courthouse, or a jury pool that is sympathetic to your position. The same sex cases (leaving aside a sympathetic clerk of the court who steered the case to a sympathetic judge) would voluntarily dismiss their case if they did not get a gay-friendly judge and refile and repeat until they got one.
For defense attorneys, knowing the judge means: 1) Change of venue (rare); 2) substitution of judge (often very helpful); 3) bench trial or jury trial?
nk (dbc370) — 1/28/2015 @ 8:19 pmThat’s a great scene, Machinist.
DRJ (a83b8b) — 1/28/2015 @ 8:19 pmI think he almost stole the movie.
machinist (313c6a) — 1/28/2015 @ 8:21 pmI have read “Seven Pillars of Wisdom”. The movie is much, much better.
nk (dbc370) — 1/28/2015 @ 8:23 pmI think Lawrence of Arabia was monotonous by design. T.E. Lawrence was a man of many inconsistencies. He was a poet who loved war, and a military man who hated death. He was a loyal Brit who rebelled against Britain and what it stood for and did in the Middle East. The monotonous backdrop served to emphasize Lawrence’s many quirks and inconsistencies. It appealed to me because the story attracts me, like a favorite book, but I can see it wouldn’t appeal to people who don’t have the same fascination with the history of the location or the era.
DRJ (a83b8b) — 1/28/2015 @ 8:31 pmAlec Guinness was incredible in Lawrence of Arabia.
DRJ (a83b8b) — 1/28/2015 @ 8:32 pmI did enjoy the movie and watch it often. The music is great and the hardware, from the motorcycle to the weapons, is crack for me. The many great performances by fine actors make it hard to watch a small piece without getting sucked in. It is a great movie but I just think there are better.
machinist (313c6a) — 1/28/2015 @ 8:36 pmYes. “You are only a general. But I must be King.” Talking about cynically letting Lawrence fail to alleviate the suffering in Damascus so the regular troops could step in and takeover from the guerrillas.
nk (dbc370) — 1/28/2015 @ 8:38 pmLarry of Arabia has a built in intermission for a reason.
But your biggest problem with watching the movie is going to be this:
it was filmed and directed with the intent of only being viewed as a movie.
Maybe a 100″ screen viewing will give you some sense of the vistas and the various tricks used by Fred Young and David Lean. But it won’t give you enough of it.
O’Toole is great in the movie and Omar Sharif is pretty darn good. He has an “interesting” entrance.
Pre-intermission way better than post-intermission.
If you really want to see O’Toole films that don’t need high quality equipment,
My Favorite Year and The Stuntman would be your go-tos.
Sammy, here i was about to defend you and you come up with that list of movies as your favorites??
seeRpea (1d44c7) — 1/28/2015 @ 8:38 pmAmong more modern movies I think The Professional and Alien rank very high.
machinist (313c6a) — 1/28/2015 @ 8:39 pm“No women, no kids”. Leon should have been on that spaceship to show Alien what’s what.
nk (dbc370) — 1/28/2015 @ 8:41 pmI think what puts many people off of Lawrence of Arabia is that it is monotonous — it is a very long movie, the story moves slowly, the dialogue is slow, and the scenery is amazing but (like most of the desert) is unchanging so it is simultaneously beautiful and monotonous.
May I ever so gently posit another theory? Most of those who deeply love Lawrence of Arabia appear to be of an — ahem, ahem — certain age. The movie was filmed on location in Morocco and Jordan (and, interestingly, the California desert, perhaps for reshoots and post-production) so for the moviegoer of 1962 it must have been amazing to see that part of the world in full and vivid color lovingly shot by David Lean. However, to a younger crowd who grew up with color TV, amazing CGI effects, and the ability to see the world virtually on the Internet, the breathtaking visuals probably don’t mean as much. I was born square in the middle of Generation X, so I’m kind of the bridge between the generation who was amazed by Lawrence of Arabia and the generation who finds it kind of ordinary and no big deal.
JVW (60ca93) — 1/28/2015 @ 8:41 pmThis is a Peter O’Toole quote but it’s something Lawrence might also have said:
DRJ (a83b8b) — 1/28/2015 @ 8:42 pmAlso, the idea that the narrative is slowly paced and the movie runs long probably is a turn-off to younger audiences.
JVW (60ca93) — 1/28/2015 @ 8:42 pmThe history that attracts me. I was in my 30’s before I ever saw Lawrence of Arabia and, to this day, I’ve never seen it in a movie theater. What attracts me is the history of the British in the Middle East because I love history and diplomacy, and this story gives me both. The complexity of Western motivations in the Middle East — both good and bad — is great drama, and Lawrence is a fascinating hero (or anti-hero) to view that complexity.
If you want to trivialize Lawrence of Arabia, and that’s fine because it’s easy to trivialize any nation’s history, then it’s the British version of Gone With the Wind.
DRJ (a83b8b) — 1/28/2015 @ 8:50 pmI still think Sammy F is having a laugh at all of us.
I mean, look at #115 and then #105.
It’s code. And truly great performance art.
Simon Jester (c8876d) — 1/28/2015 @ 8:51 pmThe Vikings from 1958 is one of my favorites and I have been obsessed with it since I saw it in the theater as a child but I can’t call it one of the great ones because of Tony Curtis. Ernest Borgnine and Frank Thring gave the greatest performances of their careers but Curtis was a total dud. Terrible casting choice. Has he ever acted well?
http://vid118.photobucket.com/albums/o109/machinist360/Movie%20clips/TheVikings-theme_zpsf4934406.mp4
machinist (313c6a) — 1/28/2015 @ 8:55 pmAnd Zulu. Lots of liberties with history and hardware but a great movie.
machinist (313c6a) — 1/28/2015 @ 8:58 pmThe complexity of Western motivations in the Middle East — both good and bad — is great drama, and Lawrence is a fascinating hero (or anti-hero) to view that complexity.
Yeah, Lawrence was an interesting guy. It seems there aren’t too many neutral opinions about him; he’s either seen as this heroic freedom fighter or a troublesome meddler. Certainly the whole British experience in the Middle East has had long-lasting ramifications that continue to vex us to this day.
JVW (60ca93) — 1/28/2015 @ 9:00 pmFor Shakespeare, Laurence Olivier’s Hamlet from 1948 and Othello from 1965 are fantastic.
machinist (313c6a) — 1/28/2015 @ 9:01 pmOthello
http://vid118.photobucket.com/albums/o109/machinist360/Movie%20clips/Othello-1.mp4
machinist (313c6a) — 1/28/2015 @ 9:05 pmJVW:
That’s the point, because Lawrence was both these things and so were the British. Both Lawrence and the British wanted to preserve Arabia but also to make it succeed. They ultimately realized the only way to make that happen would be to remake Arabia in the Western image.
One layer of Lawrence of Arabia addresses — before its time — today’s concern for preserving native cultures without the corruption of Western influence but, unlike today’s heroes, the Lawrence characters realize this is impossible. Another layer of the story is how they each came to this realization and how they responded to this reality. I find that fascinating because it’s an historical and diplomatic challenge that we face to this day.
DRJ (a83b8b) — 1/28/2015 @ 9:12 pmIMHO, another great movie is Bertolucci’s “The Last Emperor”. One of the purest things that I’ve ever seen in a film is toward the end of the movie where the Communist Youth Brigade are marching and then some of them break into a perfectly staged drills with red flags, perfectly choreographed. I’ve always found it visually stunning and another superb, understated performance by O’Toole.
Colonel Haiku (2601c0) — 1/28/2015 @ 9:12 pmre #140: see Larry of Arabia in a theater if the chance provides, 70mm. It is a different movie.
Take it from someone who first viewed ‘2001 A Space Odyssey’ on a 12′ black & white tv (before you ask – no, i could not understand the ending at all at that viewing)
seeRpea (1d44c7) — 1/28/2015 @ 9:16 pmI think it was shortly after I saw that movie that I read about Hillary taking offense at someone daring to say good morning to her and sent orders that all personnel were to move into side rooms or look away when she passed through a hallway. It sounded just like the scene in the movie.
machinist (313c6a) — 1/28/2015 @ 9:19 pmIt was for their own protection, so they would not be blinded by her brilliance.
nk (dbc370) — 1/28/2015 @ 9:22 pmI know I’m beating the subject to death but I can’t leave this topic without linking the final scene that is both hilarious and spot on about diplomacy. Also, Claude Rains is masterful in this picture.
DRJ (a83b8b) — 1/28/2015 @ 9:46 pmA great scene.
machinist (313c6a) — 1/28/2015 @ 9:56 pmDas Boot.
http://www.amazon.com/s?ie=UTF8&x=0&ref_=nb_sb_noss&y=0&field-keywords=das%20boot%20wolfgang%20petersen&url=search-alias%3Ddvd&linkCode=shr&camp=213733&creative=393193&tag=dabo06-20
Steve57 (a04df5) — 1/29/2015 @ 3:57 amWhy let him get away with it.
I may have offended the Chicago contingent by blaming Obama on them. Who is from Hawaii, after all. Not all things Chicago are miserable. The USS Chicago fought bravely before the Japanese sank her at Renell Island. And no I’m not being sarcastic.
Navajo took over the tow from the cruiser Louisville. Navajo did all she could. She swung the Chicago bow on to the threat. But the Betty bombers were too much. Chicago sank so fast they didn’t have time to haul down the colors.
And it wasn’t the crippled Chicago’s fault. Unlike Barack Obama. Which I blame Hawaii for.
As an aside, my dad sailed in Cherokee. The sister ship to the Navajo. After the Navajo got sunk they renamed the class after Cherokee.
Anyway, what you want is a sharp axe. Just in case you need to part a tow line in a hurry. Like when the Japanese sink the Chicago.
Steve57 (a04df5) — 1/29/2015 @ 4:26 amI meant no disrespect to the men of the Chicago. Who I think were heroic. Sometimes you’re rendered hors de combat through no fault of your own.
Steve57 (a04df5) — 1/29/2015 @ 4:34 amCinderella Liberty.
Steve57 (a04df5) — 1/29/2015 @ 5:11 amThe Last Detail.
Steve57 (a04df5) — 1/29/2015 @ 5:14 amThe Searchers.
Steve57 (a04df5) — 1/29/2015 @ 5:17 amseeRpea (1d44c7) — 1/28/2015 @ 9:16 pm
Sammy Finkelman (e806a6) — 1/29/2015 @ 8:40 amhttp://en.wikipedia.org/wiki/Troll_(film)
He needs to go to school for that. No she doesn’t say that. But somebody who saw the movie may have gotten an idea for a book or two or seven.
Sammy Finkelman (e806a6) — 1/29/2015 @ 8:48 am