Texas Gov. Rick Perry indicted in coercion case

AUSTIN, Texas -- A grand jury indicted Texas Gov. Rick Perry yesterday for allegedly abusing the powers of his office by carrying out a threat to veto funding for state prosecutors investigating public corruption -- possibly hindering his political prospects as he mulls another White House run.

A special prosecutor spent months presenting evidence that Perry broke the law when he promised publicly to nix $7.5 million over two years for the public integrity unit run by the office of Travis County Democratic District Attorney Rosemary Lehmberg. Lehmberg was convicted of drunken driving but refused Perry's calls to resign.

Perry's general counsel, Marry Anne Wiley, defended the governor's action. "The veto in question was made in accordance with the veto authority afforded to every governor under the Texas Constitution," she said. "We will continue to aggressively defend the governor's lawful and constitutional action, and believe we will ultimately prevail."

The unit Lehmberg oversees is the same that led the investigation against former U.S. House Majority Leader Tom DeLay, a Texas Republican who in 2010 was convicted of money laundering and conspiracy to commit money laundering for taking part in a scheme to influence elections in his home state.

Several top aides to the Republican governor appeared before grand jurors in Austin. Perry, however, did not testify.

Perry was indicted on charges of abuse of official capacity, a first-degree felony with potential punishments of 5 to 99 years in prison, and coercion of a public servant, a third-degree felony that carries a punishment of 2 to 10 years.

No one disputes that Perry is allowed to veto measures approved by the legislature. But the left-leaning Texans for Public Justice government watchdog group filed an ethics complaint accusing the governor of coercion because he threatened to use his veto before actually doing so in an attempt to pressure Lehmberg to quit.

Michael McCrum, the San Antonio-based special prosecutor, said he "took into account the fact that we're talking about a governor of a state -- and a governor of the state of Texas, which we all love. . . . But when it gets down to it, the law is the law."

In office since 2000 and already the longest-serving governor in Texas history, Perry isn't seeking re-election in November. But the criminal investigation could mar his prospects as he considers a 2016 run at the White House after his 2012 bid flamed out.

The public integrity unit investigates statewide allegations of corruption and political wrongdoing. Perry said he wouldn't allow Texas to fund the unit while Lehmberg remained in charge.

Perry said Lehmberg should resign after she was arrested and pleaded guilty to drunken driving in April 2013. Her blood-alcohol level was nearly three times the legal limit for driving.

Lehmberg served about half of her 45-day jail sentence.