Perry's Challenge: Syncing Calendars

Gov. Rick Perry leaves the Blackwell-Thurman Justice Center in Austin after his booking on Aug. 19, 2014.
Gov. Rick Perry leaves the Blackwell-Thurman Justice Center in Austin after his booking on Aug. 19, 2014.

Rick Perry barely had time to finish his ice cream before setting out for Washington, D.C., and New Hampshire this weekend.

There’s no doubt that his sights are firmly set out of state where he hopes to spend the first half of 2015 rebuilding his national brand while at the same time untethered from any governing responsibilities back home for the first time in more than a decade.

Then those two felony indictments got dropped on his plate, potentially complicating version 2.0 of his run for the White House.

Recent political history suggests the legal endgame plays out either quickly, a la Kay Bailey Hutchison in 1993, or very, very slowly, as in Tom DeLay, whose fight against charges first brought in 2005 still hasn’t been fully resolved.

Perry has been upfront about saying he made a mistake in waiting too long to jump into the presidential field in 2011. Therefore, it would seem critical for Team Perry to figure out a way to resolve his legal questions as quickly as possible.

Perry presumably would have no interest in having an unresolved indictment hanging over him while reintroducing himself to Republican voters in Iowa and New Hampshire.

Voters there cast ballots in January 2016. Candidates serious about capturing those early bellwether contests will be saturation bombing those states by about this time next year.

Last time, Perry made the calculation that he could wait until midsummer to jump in. But he learned the hard way that running for president is a lot harder than running for statewide office.

Perry could be looking to follow the Mitt Romney model this time around. Romney never really stopped campaigning after his failed 2008 bid for the Republican nomination, showing up to stump for candidates while keeping up his national profile until he was ready to officially announce for the 2012 race in the spring of 2011.

Perry is busy doing candidate support work this weekend in New Hampshire. He’s appearing at two days of events with the New Hampshire GOP, including a rally on Saturday morning.

In other words, he’s busy now building momentum. Working the calendar back suggests that a candidate serious about capturing the nomination would at the very least have an exploratory campaign committee active by early spring.

The challenge, then, for Team Perry moving forward is in reconciling the rapidly approaching deadlines of a presidential campaign with the more unpredictable timeframe of a high-profile, politically fraught criminal case.

Delwin Jones Loses House Bid, Still in Mix for Senate

Rep. Delwin Jones (standing) talks to voters in a Lubbock diner.
Rep. Delwin Jones (standing) talks to voters in a Lubbock diner.

Fifty years ago, Lubbock voters first elected Delwin Jones to the Legislature. It's now been four years since Jones was removed from office by Republican primary voters, and the veteran politico is aiming to get back under the Dome.

The interesting bit was his pursuit of a two-pronged comeback strategy.

He is one of six candidates filed to run in the special election to replace a successor to Robert Duncan in SD-28. At the same time, he was working to get on the ballot to regain his old HD-83 seat.

For those wondering how this is possible, the answer hinged on the actions of one of Jones' SD-28 rivals. State Rep. Charles Perry, R-Lubbock, who defeated Jones in 2010, is also running for the SD-28 seat. And as the Lubbock Avalanche-Journal's Enrique Rangel reports, Perry withdrew his name for his House seat to allow party leaders from the counties in his district to choose a replacement for the November ballot.

Jones was one of five people angling to capture that ballot spot. On Thursday, though, party officials in the district chose Lubbock attorney Dustin Burrows for the ballot spot, Rangel reported.

While Jones was ultimately unsuccessful, hand it to the legislative veteran who, at 90 years old, wants this much to get back in the game.

Here are the names of the candidates for the SD-28 special election. Early voting starts Monday, with the election set for Sept. 9: 

  • Republicans: Jodey Arrington, E.M. Garza, Delwin Jones and Charles Perry
  • Democrat: Greg Wortham
  • Libertarian: Kerry Douglas McKennon

*****

Longview Republican David Simpson continues to be in the entirely unexpected position of having to shore up his right flank. Simpson, of course, rode Tea Party discontent to a primary victory over Tommy Merritt four years ago.

Earlier this summer, he got an earful from participants in a town hall back home when he presented the case for compassion for unaccompanied migrant children crossing the border into Texas.

Now, he's pushing back against criticism leveled against him for his vote against moving the public integrity unit from the Travis County DA's office to the attorney general's office.

He laid out his case in an editorial sent to several publications.

He writes, "As written, the amendment would have charged the Texas Ethics Commission (currently accused of abusing its authority) with creating a plan to move the duties and responsibilities of the PIU from Travis County to the office of attorney general. It would have required implementation of the plan to be carried out in a matter of months without further statutory authority, thereby circumventing both the Texas Constitution and statutes. ... It perplexes me that the same people who are decrying the actions of the Ethics Commission are also questioning the votes of members who opposed granting the Commission an unconstitutional task."

*****

In other Ethics Commission news, a state district judge this week refused a request from conservative gadfly Michael Quinn Sullivan to temporarily halt the commission's ruling that he failed to register as a lobbyist in 2010 and 2011. As part of the ruling, Sullivan was ordered pay a $10,000 fine.

Sullivan is still free to ask a district court to review the commission's ruling in a separate proceeding where the commission's work is thrown out entirely. Sullivan's attorney, Joe Nixon, said in the Monday hearing on the injunction request that he still plans to file for that review.

*****

Kevin Ludlow, the Libertarian candidate challenging HD-46 incumbent Dawnna Dukes, D-Austin, announced a $10,000 donation from the Libertarian Booster PAC.

*****

Mohammed Tahiro plans to run as a write-in candidate for U.S. Senate. An economist by training, Tahiro said in a press release announcing his candidacy that he’d be focusing his candidacy on debt and immigration.

Republican incumbent John Cornyn and Democratic challenger David Alameel are the major party candidates on the ballot. Also running are a Libertarian candidate, Rebecca Paddock; a Green Party candidate, Emily Marie Sanchez; and four other independent candidates, Avery L. Ayers, Frank Earl Kelland, Michael R. Powell and David W. Smith.

Newsreel: Rick Perry Fires Back After Indictments

This week in the Texas Weekly Newsreel: The news this week was dominated by Gov. Rick Perry. The governor was indicted last week on two felony charges that he abused the powers of his office when he threatened to veto funding for the Travis County's public integrity unit unless District Attorney Rosemary Lehmberg resigned after pleading guilty to drunken driving.

Inside Intelligence: About the Governor's Indictment...

Gov. Rick Perry was indicted on two counts last week, accused of coercion of a public servant and misuse of official capacity. He responded by saying he does not think Travis County District Attorney Rosemary Lehmberg should still be in office and that he vetoed state funding for her operation because of it — and would do it again. He has hired a handful of well-credentialed lawyers and the legal and political battle is joined.

So we asked our insiders in politics and government about it.

A slight majority, 54 percent, said they do not believe the governor broke the law, and 57 percent said they think the indictment itself — the product of a special prosecutor and a Travis County grand jury — was politically motivated.

Half of the insiders think the indictment will hurt Perry’s shot at the 2016 Republican presidential nomination, while 27 percent think it will help, and 18 percent said it will have no effect.

Most — 70 percent — said Perry’s attempt to replace Lehmberg was politically motivated, and the insiders were split on the question of whether he hoped to replace her with a more sympathetic prosecutor.

We collected verbatim comments along the way, and a full set of those is attached. Here’s a sampling:

.

Do you think Gov. Rick Perry broke the law during his effort to unseat Travis County District Attorney Rosemary Lehmberg?

• "If you're under investigation, it's illegal to eliminate your investigator - even if she's a drunken fool."

• "This is terrible!"

• "The law is a technical business and while McCrum thinks that in some sense Perry violated the law, this is where prosecutorial discretion, good judgment, and common sense are supposed to come in."

• "Not a lawyer, but having a hard time figuring out how he did anything other than what he said he would do, and then exercising his right to line item veto . . . and why that would be illegal?"

• "If he broke the law there are hundreds of people in every legislative body around the country, local, state and federal who should all be indicted."

• "Did not hear the evidence. Grand jury apparently thought so"

• "We EXPECT the governor to VETO taxpayer wastes. Let's also call out the Republicans who refused to move the public integrity unit to the AG's office."

• "The only crime here was Rosemary Lehmberg's embarrassing DWI. The only abuse of power here were Lehmberg's threats of retribution against the peace officers who arrested, detained, and restrained her."

• "If the Governor has line item veto power, then he has line item veto power. The PIU is not subject to special treatment regardless of its function. The Governor vetoed funding. Travis County always has the opportunity to fund the operations of the PIU if it chooses."

• "You can neither promise to give or withhold a public benefit in exchange for legislative action. This was a quid pro quo---'you resign and I will fund the division'."

• "Absolutely not. This indictment says it is illegal to communicate on how to avoid a veto."

• "Ridiculous misuse of criminal law...and all by people who resent Republican consideration of the impeachment of Obama. To all who play this game: stop it!!"

.

Do you think the indictment itself was politically motivated?

• "Republican judge, Republican special prosecutor."

• "Since when are political motivations and fact mutually exclusive?"

• "Another case of a special prosecutor running amuck. This is why special prosecutors have become so rare in Washington.... once they're appointed, they're determined to find some violation or another and keep the gravy train rolling."

• "Certainly the initiation of the indictment was politically motivated. As for the Special Prosecutor, he is either grossly misguided in his review of the law or he is a political pawn...neither is good."

• "Forget it, Jake. It's Chinatown."

• "Every aspect of this situation, the veto, the threat to restore funding, the complaint, the empaneling of a grand jury, the indictment - it's ALL politics."

• "Probably not. I think it's a weak case, but there's probably an argument to be made. The Grand Jury certainly thought so. Perry's attorney should take it seriously."

• "Yes, it is a 'Travis-ty!' A grand jury in Travis County would indict Rick Perry on any charges brought if there was a legal theory presented and no one arguing the other side."

.

How do you think the indictment will affect his chances in the 2016 presidential race?

• "It'll help in the primaries, but if (God forbid) he were to make it to November, he's be toast."

• "After people see the Lehmberg video, they'll understand why he and rational folks lost confidence in her ability to oversee the PIU. It will help with his fundraising. It will shore up support among the base. And it will help sway swing voters during the general election (should he get the nomination)."

• "Initially, it will rally most Republicans, buying into the pro-Perry rhetoric, but, in the long run, it will be just one more question mark about his judgment on the road to too many. I think he's probably toast with the people who have the money."

• "The charges are so ridiculous that they'll be ignored by most primary voters, and prove an asset to others."

• "It could help if he uses it as a platform to show he was right and stood up in the face of a political assault or a gross misreading of the law."

• "You can indict a ham sandwich. It will be fun to watch how the country as a whole responds to the video of the hapless, arrogant, mean spirited DA really goes viral."

• "We have a new trending hash tag that even Ted Cruz has used. This is clearly a good thing for Governor Perry."

• "He had no chance of being elected before the indictment, and nothing's changed."

• "Hard to run for President when you're in court."

• "It's a loser any way you look at it. The saving grace is the indictment's connection to the 20 plus minutes of belligerent, drunk behavior of the district attorney. Now that's great TV."

• "It's a sequel! Oops 2014."

.

Do you think Perry’s attempt to replace Lehmberg was politically motivated?

• "Not against Lehmberg personally, but the Public Integrity Unit in general. The GOP has been politically motivated for years, even pre-Lehmberg, to dismantle the Unit."

• "Everything has some ting of politics. Lehmberg opened the door for this."

• "Anybody in any other county would have been put out. The video is sickening to watch."

• "I guess if Perry were a Democrat, then it would have been based on principle, right?"

• "If she had not been caught drunk and on video screaming and cursing at police then the vetoing of the funding would have never happened."

• "Politics isn't a crime."

• "Of course. Everything a Governor does is politically motivated. That doesn't mean it was a bad thing, or illegal."

• "Absolutely."

• "Sure it was, Lehmberg made herself an easy target in a part of Texas where the Republicans cannot get a foothold. Travis County DA is always a target of Texas state government. Due to location, the office is responsible with investigating all government corruption so there is a watchful eye. For a long time sitting governor with CPRIT, etc. scandals brewing, it would be very convenient to appoint THAT office."

• "Relished, in the way that Don Vito Corleone might have enjoyed it, but not politically motivated. If Lehmberg was a Republican, he would have done the same."

.

Do you think Perry hoped to replace Lehmberg with a more sympathetic prosecutor?

• "The replacement itself was going to be a political victory."

• "Like any reasonable official, he wants the PIU to actually have integrity and free from political motivation. Move it to the Attorney General's office where it belongs."

• "Sympathetic to what? Competent - yes...Sympathetic - no."

• "Maybe a less drunk and abusive one."

• "In Travis County? The Perry appointee would have been there until the end of this year. It's not like a Republican was going to win the next election."

• "This is the million dollar question."

• "Of course! Since when does a governor pick a replacement *less* sympathetic to him?"

• "Sure, but it doesn't matter."

Our thanks to this week's participants: Gene Acuna, Cathie Adams, Jennifer Ahrens, Victor Alcorta, Brandon Alderete, Clyde Alexander, George Allen, Jay Arnold, Dave Beckwith, Andrew Biar, Allen Blakemore, Tom Blanton, George Bristol, Chris Britton, David Cabrales, Marc Campos, Thure Cannon, Snapper Carr, Corbin Casteel, Elna Christopher, Harold Cook, Kevin Cooper, Beth Cubriel, Randy Cubriel, Denise Davis, Hector De Leon, June Deadrick, Nora Del Bosque, Glenn Deshields, Holly DeShields, Tom Duffy, David Dunn, Richard Dyer, Jon Fisher, Wil Galloway, Neftali Garcia, Norman Garza, Dominic Giarratani, Bruce Gibson, Stephanie Gibson, Eric Glenn, Kinnan Golemon, Daniel Gonzalez, Jim Grace, John Greytok, Clint Hackney, Anthony Haley, Wayne Hamilton, Bill Hammond, John Heasley, Ken Hodges, Laura Huffman, Kathy Hutto, Deborah Ingersoll, Richie Jackson, Cal Jillson, Bill Jones, Mark Jones, Robert Jones, Lisa Kaufman, Robert Kepple, Richard Khouri, Tom Kleinworth, Sandy Kress, Dale Laine, Nick Lampson, Pete Laney, Dick Lavine, James LeBas, Luke Legate, Ruben Longoria, Homero Lucero, Vilma Luna, Matt Mackowiak, Steve Minick, Mike Moses, Keir Murray, Nelson Nease, Keats Norfleet, Pat Nugent, Todd Olsen, Nef Partida, Gardner Pate, Jerod Patterson, Robert Peeler, Jerry Philips, Wayne Pierce, Richard Pineda, Allen Place, Kraege Polan, Gary Polland, Jay Pritchard, Jay Propes, Patrick Reinhart, David Reynolds, Boyd Richie, Carl Richie, Jeff Rotkoff, Grant Ruckel, Tyler Ruud, Jason Sabo, Luis Saenz, Jim Sartwelle, Barbara Schlief, Stan Schlueter, Bruce Scott, Robert Scott, Steve Scurlock, Ben Sebree, Christopher Shields, Jason Skaggs, Ed Small, Martha Smiley, Mark Smith, Larry Soward, Leonard Spearman, Dennis Speight, Jason Stanford, Bill Stevens, Bob Strauser, Colin Strother, Michael Quinn Sullivan, Sherry Sylvester, Jay Thompson, Trey Trainor, Vicki Truitt, Corbin Van Arsdale, Ware Wendell, Ken Whalen, David White, Darren Whitehurst, Seth Winick, Peck Young, Angelo Zottarelli.

The Calendar

Sunday, Aug. 24

  • Block walk for GOP HD-149 candiate Al Hoang; 2010 S. Fry Rd., Katy (10 a.m.-2 p.m.)

Tuesday, Aug. 26

  • Bexar County Republican Party 2014 Campaign Kick-off with George P. Bush; 8633 Crownhill Blvd., San Antonio (4-5:30 p.m.)

Wednesday, Aug. 27

  • Roast and toast of state Rep. Lon Burnam, D-Fort Worth, benefiting the Texas House Democratic Campaign Committee and the HDCC Incumbent Protection Fund; 1607 San Jacinto Blvd., Austin (6-8 p.m.)
 

The Week in the Rearview Mirror

Gov. Rick Perry was indicted late Friday afternoon on two felony charges related to his veto of funding for the public integrity unit. In subsequent days, Perry pushed back with an appearance on Fox News on Sunday and the introduction on Monday of an all-star legal team that will oversee his defense. On Tuesday, he showed up at the courthouse to take a mug shot that instantly went viral. And while his legal representation will be in court this Friday, Perry will be in New Hampshire for campaign events with the state's Republican Party.

A Perry spokesman said Wednesday night that the governor's legal defense would be paid from campaign funds going forward. Those costs had been paid before by taxpayer dollars.

Dan Patrick and Leticia Van de Putte, the Republican and Democratic nominees for lieutenant governor, agreed to debate Sept. 29. The encounter will be hosted by The Texas Tribune and take place at the KLRU studio in Austin.

University of Texas System regents on Thursday officially chose Admiral William H. McRaven as the system's new chancellor, taking over for Francisco Cigarroa, who is stepping down to resume his surgical career.

The Livestrong Foundation announced on Tuesday that it is giving a $50 million gift to UT-Austin's new Dell Medical School to create the Livestrong Cancer Institutes.

An analysis published on Monday by Moody's Investors Service, one of the country's top three credit rating agencies, warned that leadership issues at the University of Texas System are "credit negative." A pair of UT System regents subsequently said they disagreed with the credit agency's analysis, which has no effect on the system's credit rating or outlook.

Disclosure: The University of Texas at Austin, KLRU and the Livestrong Foundation are corporate sponsors of The Texas Tribune. A complete list of Texas Tribune donors and sponsors can be viewed here.

Political People and their Moves

Brigadier General Gerald “Jake” Betty was named commander of the Texas State Guard effective Sept. 1, 2014, for a term to expire at the pleasure of the governor.

Fritz Reinig has joined the Governmental Affairs team at the Texas Lottery Commission. He previously served as chief of staff for two House members — most recently for state Rep. Doug Miller, R-New Braunfels.

Laura Stromberg Hoke recently joined the staff of state Rep. Eddie Rodriguez, D-Austin, as chief of staff. Previously, she was communications director for NFIB/Texas and served as press secretary to independent gubernatorial candidate Kinky Friedman.

Aron Peña III, son of former state Rep. Aaron Peña, was named Rio Grande Vally field representative for the Dan Patrick for Lieutenant Governor campaign. Peña is currently a partner at Peña, Garza Consulting Group and is president of the Hidalgo Young Republicans.

GOP CD-23 candidate Will Hurd was endorsed by former U.N. Ambassador John Bolton. Hurd is challenging incumbent Pete Gallego, D-Alpine, in the November general election.

GOP attorney general candidate Ken Paxton picked up endorsements from the political arms of the Texas and Southwestern Cattle Raisers Association and the Texas Association of Builders.

GOP SD-28 candidate Jodey Arrington received backing from the political arms of the Texas Medical Association and the Texas Public Employees Association. He is competing in the Sept. 9 special election to fill the vacancy left by Robert Duncan's resignation. Early voting begins Aug. 25.

Disclosure: The Texas Medical Association and the Texas and Southwestern Cattle Raisers Association are corporate sponsors of The Texas Tribune. A complete list of Texas Tribune donors and sponsors can be viewed here.

Quotes of the Week

This is an assault on the Constitution. We don't want it to be an assault on the taxpayers as well.

Rick Perry spokesman Felix Browne on the governor's decision to start paying for his legal team out of campaign funds

I think it’s mentioned that in Texas, politics is a contact sport, and something like this is not going to give us any pause or any concern at all. It’s just part of politics.

Pottawattamie (Iowa) County Republican Party Chairman Jeff Jorgenson, unruffled by Perry's legal challenges

This is what they do, this is how they intimidate the elected officials in the state Legislature and the governor and around the state.

Former House Majority Leader Tom DeLay, drawing a parallel from his prosecution to Perry's current legal fight

I feel like his smile is genuine because he didn't want to look dopey. ... A mug shot is not a red carpet event; you are dealing with your reputation.

Style consultant Ashley Martini, appraising Perry's instantly viral mug shot

It’s a natural friendship waiting to bloom.

Former Clinton Cabinet member Henry Cisneros on soon-to-be-BFFs Julián Castro and Hillary Clinton

The brisket I’ve had in New York lately is better than a lot of places in Texas.

Daniel Vaughn, the barbecue editor of Texas Monthly magazine, as quoted in The New York Times. Discuss amongst yourselves...