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About Christy Hoppe

Christy is the Austin Bureau chief of The Dallas Morning News, covering the Legislature and state and national politics since arriving in Austin in 1989. You can also follow her on Twitter, @ChristyHoppe

Texas Gov. Rick Perry makes first court appearance on criminal charges

Gov. Rick Perry made his first court appearance on Thursday on coercion and abuse of office charges, and said afterwards that he has done nothing wrong.

Texas Gov. Rick Perry, flanked by attorney J. Brett Busby (left), answers questions from reporters Thursday at the Blackwell-Thurman Criminal Justice Center in Austin.

Texas Gov. Rick Perry, flanked by attorney J. Brett Busby (left), answers questions from reporters Thursday at the Blackwell-Thurman Criminal Justice Center in Austin. (Drew Anthony Smith/Getty Images)

What might have been a routine pre-trial hearing was transformed by a packed courtroom and legal flamboyance.

State district Judge Bert Richardson weighed defense motions to void the charges because of supposed faulty paperwork in the appointment of special prosecutor Michael McCrum. Perry also has asked to view the secret grand jury transcript.

Perry is charged with unlawfully trying to force Travis County District Attorney Rosemary Lehmberg into leaving her office.
Perry has said that he and the public had lost confidence in Lehmberg after she was pleaded guilty to drunken driving.

He relayed to Lehmberg that he would veto $7.5 million for a state anti-corruption unit run out of the district attorney’s office unless she resigned. When she refused to step down, he made good on his threat in June 2013. Perry would have named her replacement.

In his statement afterwards, Perry cast the charges as an attempt to stop him and future governors from exercising their right to veto legislation.

“I stand behind my authority and I would do it again. I stand behind that veto, and I would make that veto again,” he said.

Inside the courtroom, a hearing the judge said he expected to last 15 minutes went on for almost two hours. While Perry sat quietly in a charcoal suit and coral-colored tie printed with miniature dachshunds – a favorite of the governor – his plaintiff’s lawyer Tony Buzbee made a showing.

Buzbee used sweeping statements, a power point presentation and paced before the judge.

“The whole way this came about is a comedy of errors. But it’s not funny,” Buzbee proclaimed.

His argument centered on legal paperwork that was signed and filed, but he believes was not done so in the proper order, correct folder or made readily available.

Buzbee said the Texas Constitution proscribes certain ways oaths and other papers should be handled, and therefore “it should be a slam dunk to dismiss this case.”

“If we start picking and choosing which provisions of the constitution we’re going to follow, then we are in anarchy and chaos,” Buzbee said.

McCrum countered the Perry defense team is throwing up “red herrings” and issuing statements, “clearly made for the media in the courtroom. It’s just malarkey.”

The judge indicated he would rule on the defense motions next week.

Lehmberg has recused herself and her office from participating in the Perry case and so McCrum was appointed by a Republican judge to guide the investigation in 2013.

Perry’s lawyers have argued the special prosecutor didn’t properly sign and file his oath of office and orders of Lehmberg’s recusal.

Buzbee told the court that he knows that his objections are technical and procedural, but vital to the cause of justice.

“If you’re going to take away someone’s freedom, it’s not too much to ask you follow the letter of the law,” Buzbee said.

By filing the paperwork wrong, “He failed to qualify. He cannot act. Game over,” Buzbee said of McCrum.

McCrum said the Perry team is trying to create rules and laws governing how the oath is handled that aren’t in law.

“The law is clear. Our law doesn’t depend on Mr. Buzbee’s or Mr. Perry’s personal situation,” McCrum said.

The defense team also tried to show that the Perry case was handled differently. While the grand jury was still investigating, and before a criminal case had been filed, a number to track the case was created. That had only been done once before – in the case of former House Majority Leader Tom DeLay.

Buzbee indicated that it revealed a political motive in the prosecution.

McCrum said that a file folder, created for bookkeeping to make it easier for the defense to file motions, is being misrepresented.

Again, he reiterated, it is all a red herring and he expected the judge to follow the law and rule in favor of the prosecution.

Post election analysis: The making of a governor


UPDATE 12:22 pm: Jenn Brown and Jeremy Bird, who head Battleground Texas, put out a lengthy memo to say they knew the process of rebuilding the Texas Democratic Party would take time. From the memo:

“While the losses this election were tough, we’re proud of what Team Wendy, Battleground Texas, and our partners across the state accomplished this year. Together, we showed that grassroots organizing can bring new voices into the democratic process. And together, we built the largest-ever grassroots program in Texas, uniting nearly 34,000 volunteers who reached out to voters on the phones and at the doors 7.5 million times. Our investments this year – in a cutting-edge digital program, a more effective data infrastructure, and a lasting grassroots organization – will lay the foundation for Democratic victories in the future.

INITIAL POST: Greg Abbott’s campaign gurus laid out voter diagnostics used to steer his landslide victory, including knowing what TV shows likely voters watched and using 450,000 Facebook likes to follow supporters.”

Political strategist David Carney acknowledged how micro-targeting techniques and data-mining made it pretty “scary” about how much they knew about voters.

The campaign’s target was to win 55 percent of the vote. They did it by targeting 2.5 million voters that were either sure bets – based on their GOP voting history – or were considered persuadable.

They knew the TV shows they’re likely voters watched in greatest numbers – ESPN college football, College Football Scoreboard and the Discovery Channel – and gathered information on their socio-economic status, education, income, wealth and political activism. They used computer cookies and 1,000 phone calls a night to ask voters who they might support and why.

Among the key things it told them was that Abbott’s ad featuring his Hispanic mother-in-law worked extremely well, especially among Latino voters. The campaign also devoted $3 million in Spanish-language advertising.

They also could track rival Democrat Wendy Davis’ ad-buys and how they were affecting likely voters.

Davis’ controversial ad – featuring an empty wheelchair that interposed Abbott’s own $10 million accident settlement against his record of fighting lawsuits – did not do well, Abbott operatives said.

Next to Abbott’s positive mother-in-law ad, Davis’ wheelchair spot, “was our second best advertisement,” said Chris Wilson, who tracked media for the Abbott campaign.

Wilson said the ad moved some voters towards Abbott and had a negative effect on her campaign.

The Abbott campaign staff also said their tracking of newly registered voters and turnout showed that the Davis campaign and Battleground Texas did not move the needle in terms of getting new Democrats to the polls.

“There’s no reality to what they said they were doing and what happened,” Carney said. “No empirical evidence that shows they did anything.”

He said that while voter registration did go up, it followed historical trends, did not spike after Democratic voter drives and did not keep pace with the state’s growing population.

Carney said Abbott’s lopsided victory – 59 percent to her 39 percent – does not mean Democrats could not field a candidate who could be competitive in four years.

He said the Democratic problem is that they are touting policies that don’t resonate with Texas voters.

“It’s not about Democrats. It’s about message,” Carney said. “A flawed candidate and a flawed message doesn’t work.”

Greg Abbott and Wendy Davis battle for governor

UPDATE 8:15 pm: It’s all over folks. AP has called the race and Greg Abbott is the next governor of Texas.

UPDATE 7:39 pm With almost 1.7 million early votes tallied, Abbott is leading Davis with 58 percent to her 41 percent.

INITIAL POST: Polls and expectations have Greg Abbott poised to become Texas’ next governor, replacing long-serving Rick Perry while continuing many of his policies.

Throughout the campaign, Abbott has brandished conservative credentials, promising low taxes and small government. He has played on President Obama’s deep unpopularity in Texas, painting Democrat Wendy Davis as a mere extension of the president.

Davis skyrocketed to national attention following a 13-hour filibuster last year on sweeping new abortion restrictions. Her campaign tapped support from tens of thousands of small donors and banked on strong support from women and Latinos.

Davis has urged voters to select new leadership that will represent ordinary Texans and fight for quality education, health care and opportunities. She has portrayed Abbott as an attorney general who represents business insiders.

Abbott also has promised to improve education in Texas and has emphasized investment in roads, border security and fighting federal government overreach.

Together, the candidates are expected to have spent $90 million seeking the office.

Obama holds phone conference for Wendy Davis and Texas Democrats

Wendy Davis was flanked by her father and her daughters during her 2012 victory speech in Fort Worth.

Wendy Davis was flanked by her father and her daughters during her 2012 victory speech in Fort Worth. (File 2012)

President Barack Obama participated in a tele-conference call this morning with thousands of Texas Democrats, joined by governor nominee Wendy Davis and lieutenant governor nominee Leticia Van de Putte.

The president urged participants to get out and vote, warning Democratic apathy would leave Republicans dominating statewide offices.

Republican Greg Abbott, whose campaign ads have tried to link the unpopular president directly to Davis, jumped on the connection.

“In the final hours of the election, President Obama is going all in for Sen. Davis, making a personal appeal to push their shared agenda of bigger government, more regulations, higher taxes and fewer jobs,” said Abbott spokesman Matt Hirsch.

The Abbott campaign has been running statewide TV ads for weeks that portray Obama as governor in the event Davis won the office. The two have not appeared together in public.

On the phone call, billed as a electronic town hall meeting, were also former Dallas Mayor Ron Kirk and Houston Sen. Rodney Ellis.

The phone call was a motivator for Democrats to get out and vote, said Davis spokesman Zac Petkanas.

“The goal in an election is to get more of your supporters out to the polls than the other guy’s,” said Petkanas. “That’s what this call was desigend to do and we trust it will.”

Perry prosecutor answers, says governor actions could intimidate witnesses

Michael McCrum (McCrum Law Office)

Special prosecutor Michael McCrum filed court papers on Monday, saying the governor, who was indicted for abuse of office, shouldn’t have access to grand jury testimony because he could intimidate witnesses.

McCrum filed two lengthy briefs in answer to a barrage of pre-trial motions filed by Perry’s attorneys. It is the first time the prosecutor has rebutted assertions by the governor’s vigorous defense team. But McCrum didn’t reveal many details in the case that led a grand jury to charge Perry with abuse and coercion.

The first pre-trial court hearing in which Perry will be present is scheduled for Thursday.

On the issue of whether Perry should be provided transcripts of grand jury testimony, McCrum cited centuries-old common law that uses secrecy to help protect all parties involved with criminal allegations.

“Indeed such a principle is even more compelling where the defendant seeking disclosure is a governor, a ‘ruler’ within our structure of government, possessing all the power that led to the initiation of the principle of confidentiality,” McCrum stated.

He cited that the issue of intimidation of witnesses is based on Perry’s own actions.

Rick Perry mug shot at his booking on charges of abuse of authority (Travis County Sheriff's office)

Not only was he indicted for abusing his power, but “the defendant’s own words have instilled a concern for all persons who participated in the grand jury investigation,” the brief states.

It then quotes “prepared, written comments” used in a press conference the day after the indictments were returned when the governor said, “this farce of a prosecution will be revealed for what it is, and that those responsible will be held accountable.”

Perry was indicted in connection with threats issued in an unsuccessful attempt to force Travis County District Attorney Rosemary Lehmberg to step down.

He said he would veto $7.5 million for a special anti-corruption unit in her office unless she resigned. He pushed for her ouster after Lehmberg had been arrested for drunken driving and was videotaped being obnoxious during booking at the county jail.

At the time of the veto, Lehmberg had apologized, pleaded guilty, served time and checked herself into a treatment program. But Perry said she had lost the public’s confidence and should no longer serve as the county’s top law officer. Perry, a Republican, would have named the Democrat prosecutor’s replacement.

In his efforts to have the indictments tossed, Perry’s attorneys are asserting his constitutional right to veto appropriations, separation of powers and that the veto was privileged speech. They have accused McCrum of trying to criminalize politics.

One of their motions asks the judge to provide them the transcript of grand jury proceedings, which would provide them details of the prosecutor’s case and what to expect from witnesses.

McCrum, a former federal prosecutor from San Antonio who was appointed by a Republican judge, is fighting the unusual request. He asserted parts of the transcripts might be made available as part of pre-trial discovery, but the defense lawyers should not have unfettered access to the grand jury testimony nor have it this early in the process.

He stated in the brief that the Texas Court of Criminal Appeals already ruled “that illegal conduct is not part of the legislative process and is not deserving of privilege.”

McCrum pointed out that two other indicted governors – Marvin Mendel of Maryland and Rod Blagojevich of Illinois – both tried to use legislative immunity and their “appeals were flatly rejected.”

The prosecutor also pointed to Perry’s decision not to appear before the grand jury.

“Mr. Perry chose to not testify before the grand jury, therefore any privilege he now asserts necessarily rests on other witness testimony,” the brief states.

Perry is arguing that the law provides lawmakers immunity from legal action to protect them from lawsuits arising from legislative debate and action.

McCrum said Perry is not a legislator, and lawmakers were given those protections because they must use speech to persuade others to support their bills.

“A governor is not compelled to utter a single word,” the brief stated. “A governor can veto a bill while sitting at his kitchen table.”

Perry’s attorneys also have wanted to see the grand jury transcript to see if any lawmaker was wrongly compelled to waive their rights of protected speech.

McCrum said that Perry has no authority to invoke a power for others retroactively.

Greg Abbott votes in Austin

IMG_0964.JPG
UPDATE 5:31 pm: Abbott said he took the long wait to vote as a good sign.

While saying he feels confident, Abbott stressed that he is not taking anything for granted.

“I’m going to be campaigning today and through Election Day because I want to go out and earn everybody’s vote,” he said.

Abbott said he remains optimistic that he can win upwards of 40 percent of the Hispanic vote.

“I feel really good about the Rio Grande Valley because we’ve devoted a lot of resources down there,” he said, adding that he has made about 17 campaign stops in South Texas. He plans another round on Friday when he travels to Victoria and Edinburg.

Democratic opponent Wendy Davis has fought to defend the Democratic strength among Latinos and her campaign scoffs at the notion that Hispanics will turn out in record numbers for Abbott.

Davis points to his record of fighting as attorney general for a redistricting plan and for a Voter ID law, both of which federal judges have proclaimed intentionally discriminatory against Hispanic voters.

Abbott nevertheless has made Hispanic outreach a cornerstone of his campaign.

“We have more people on the ground in the Rio Grande Valley than Rick Perry had through the entire state of Texas,” during his gubernatorial campaigns, Abbott said Thursday.

He said he has received huge cheers whenever he mentions that his wife, Cecilia, would be the first Hispanic First Lady of Texas.

“My multi-cultural family has played a role in our ability to connect with the Rio Grande Valley,” Abbott said.

ORIGINAL POST: Republican gubernatorial candidate Greg Abbott waited in line about 30 minutes at an Austin Randall’s to vote on Thursday.

Several shoppers and voters recognized the GOP nominee and good naturedly asked who he was voting for.

Waving a sample ballot, Abbott laughed and said, “I’m looking it over. It’s a last minute decision.”

Joining the candidate was his wife Cecilia and 17-year-old daughter Audrey.

Wendy Davis gets big checks in final days

Texas gubernatorial candidate Wendy Davis (Eric Gay/Associated Press)

In the last two days, Democrat Wendy Davis has pulled in more than $800,000 from large donors.

While Davis has large donors, the surge of big checks in the last week stands in contrast to a campaign that has raised close to $35 million mostly from tens of thousands of small contributions under $100.

The big contributors are all women and earlier contributors, including plaintiff’s lawyer and long-time Democratic supporter Amber Mostyn, who gave $367,000; Houston investor Lillie Robertson, $155,000; Dallas arts patron Marguerite Hoffman, $90,000, and medical consultant Laure Woods, $40,000.

Also a late giver is billionaire William Louis-Dreyfus, father of the actress Julia Louis-Dreyfus. He gave a check for $5,000.

Campaign spokesman Zac Petkanas said the money will go for anticipated expenses and advertising buys.

Republican Greg Abbott’s campaign, which in the course of the campaign has received dozens of checks in excess of $50,000, in the last week of the campaign has thus far reported only one large contribution – $40,000 from Dallas textile manufacturer Arun Agarwal.

In all, as my colleague Wayne Slater reports here , spending by the two contenders in the governor’s race could reach $90 million.

British rocker brings Alamo collection home

IMG_0949.JPGBritish rocker Phil Collins brought his extensive Alamo collection home on Tuesday morning.

Some pieces were last at the famous mission 178 years ago, when the Alamo fell to the Mexican army during the Texas war to become an independent republic.

Collins began his fascination with the Alamo as a young child watching Fess Parker play Davy Crockett on TV. When he was 9, the movie The Alamo starring John Wayne came out and he was hooked.

Collins owns the most most extensive privately held collection of Alamo memorabilia, that includes Davy Crockett’s musket ball pouch and one of the few surviving Jim Bowie knives.

While the collection arrived at the Alamo on Tuesday, it will not be on full display until the state can raise almost $100 million for a new museum and visitor center to properly display the items.

“I’m really happy that it’s going here. It’s where it should be,” Collins said.

Greg Abbott flush with cash in last week of governor campaign

With 8 days left until the election, GOP governor candidate Greg Abbott has reported raising $4.2 million over the last four weeks.

In the latest disclosure report for Sept. 26-Oct. 25, Abbott showed late money is pouring in at a pace of $1 million a week.

He also indicated he’s been on a spending spree with $13 million left in the bank, down from $30 million just four weeks ago.

In all Abbott reports having raised $45 million in his governor’s campaign.

“The incredible support our campaign has received from tens of thousands of Texans is a direct reflection of the enthusiasm Greg Abbott has inspired among Texas voters for his vision to build a better, brighter future for our great state,” said campaign finance director Sarah Whitley.

Hypothetically, Abbott passes on whether he would have fought for ban on interracial marriage

Attorney General Greg Abbott, who’s made much of his role in defending state laws, was asked if he’d have fought for the old Texas law banning interracial marriages.

Abbott seemed to lean towards the answer, “yes.”

The interracial marriage laws already have been kicked to the curb, constitutionally speaking, the governor candidate pointed out to the San Antonio Express News.

“And all I can do is deal with the issues that are before me,” Abbott said. “The job of an attorney general is to represent and defend in court the laws of their client, which is the state Legislature, unless and until a court strikes it down.”

Abbott currently is defending the state’s $5.4 billion cuts in education funding, arguing the Legislature did not, faced with a budget shortfall, abandon its constitutional obligation to adequately fund education.

He is defending the state ban on same-sex marriages, saying the Legislature and later the voters said marriage is between one man and one woman.

Abbott said his job is not to impose his belief system in place of what the Legislature has decreed.

There is a history among attorney generals taking moral stands that might have proved unpopular.

John Cornyn as AG dropped an appeal of a death penalty case and sought a new punishment hearing. He determined he could not defend that particular death sentence in light of an expert witness who had testified that blacks are more inclined to violence. The defendant was black. And he was roundly criticized by some for conceding the case.

And Jim Mattox as attorney general refused to defend a state law that criminalized homosexual conduct. He also was derided for abandoning his role.

Then there’s Dan Morales, who refused to defend the University of Texas law school for using affirmative action in its admission policy.

Abbott’s answer raises the question of whether state attorney generals are obligated to defend stances they believe are morally wrong – such as banning interracial marriage. Or whether being an elected official could mean representing a moral leadership ahead of its time.