Posted on 11/07/2014 9:26:09 PM PST by SSS Two
Interestingly, the particular charges (threatening a veto of funding) could ONLY be applied to the Governor, as no other person in government could veto funding. So obviously dismissing the charges would be a special treatment for “the Governor”, as the charges are special treatment for “the Governor”.
According to Texas law, coercion can not exist if a person threatens to take a legal action if a second person doesn't perform a legal act. In my example above, I'm threatening not to come to your house (legal) unless you serve ribeye steaks on Thanksgiving (legal). According to Texas law, my threat above can not be coercion.
In this case, Perry threatened to veto legislation (legal -- the Governor has plenary veto authority) unless Lehmberg resigned as Travis County D.A. (legal). Two legal acts. There can be no coercion.
It is possible for someone other than the Governor to coerce a public official. The critical thing to understand, though, is that there is no coercion anywhere near this case.
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