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September 29, 2014      12:44 PM

Householder: Lawyers for both sides proving Perry prosecution is not political

Veteran strategist Joe Householder argues neither side would behave as they are if the prosecution of the governor was a political witch hunt

I’m not a lawyer and I don’t even play one on television, but if what we’ve seen over the last few weeks in the matter of The State of Texas v James Richard Rick Perry is any indication, we’re in for both some potentially legendary Texas-style theatrics over the life of this case as well as some truly commendable lawyering – from both sides.

Make no mistake: the matter is serious. Even if you think the indictment is bogus the case raises fascinating questions about the parameters of proper behavior for Texas Governors, all of whom have struggled mightily to overcome the limits put on them by the state’s reactionary post-reconstruction constitution.

Nonetheless, it appears we’re in for a show of some tremendous courtroom skill, coupled with no small amount of political irony. Witness the first real skirmish, in which special prosecutor Michael McCrum condemned the governor for seeking a “special favor” in his request that he be permitted to skip many of the inevitable pre-trial procedural hearings.

What raised McCrum’s ire was a motion by Perry attorney Tony Buzbee that the governor be permitted to skip one upcoming hearing because of a pre-planned trip to Europe and – for that matter – all forthcoming “non-evidentiary” hearings. Buzbee says Perry fully intends to show up for all hearings in which evidence is discussed, but he shouldn’t have to attend many other procedural ones given his need to continue doing his day job.  

McCrum threw the flag, saying that every defendant, no matter their station in life, is expected to show up for hearings. He says giving Perry a break from common Travis County practice will lead to other defendants demanding the same special treatment.

Joe Householder, a long time Texas public affairs consultant, works for Purple Strategies, LLC, a bipartisan firm based in Washington, D.C. His complete column can be found in today’s R&D Department.

By Joe Householder