Legalities
Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg
Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.
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Cheney, Gonzales Indicted in Texas
November 18, 2008 6:57 PM
In the department of the Truly Bizarre, a Texas grand jury has indicted Vice President Cheney, former Attorney General Alberto Gonzales, a few state court judges, a former U.S. attorney and some other folks. According to the Brownsville Herald, the indictment appears to focus on management and oversight of federal detention centers and accuses Cheney and Gonzales of engaging in organized criminal activity.
The Herald also says it accuses Cheney of a conflict of interest (because of his investment in a mutual fund that has interests in private prison companies) and "at least misdemeanor assaults" on detainees by working through the prison companies that are running those centers. Gonzales, the newspaper says, also is accused of using his position in office to stop an investigation into alleged abuses at the federal detention centers.
The breaking news story on the Brownsville Herald is HERE.
And now for the big wet towel.
First, Willacy County grand juries are familiar with DA Juan Angel Guerra -- since he himself was indicted by one just last year on felony charges of theft, attempted theft, perjury, abuse of official capacity and tampering with government records. When Guerra was arrested, the publisher of the local papers in the county, Paul Whitworth, told the Brownsville Herald: "It's a great day for Willacy County, and it'll be better when he's convicted." The Herald said Whitworth had said for years that Guerra failed to prosecute crime in the county.
Two weeks ago, a judge threw out the charges against Guerra -- but his prosecuting days soon will be over. He was defeated in the March primary.
So now Guerra is going for the last stand? If so, I'm guessing his Cheney/Gonzales indictment will go the way most last stands go: complete annihilation. First off, it's hard to see from the local reports exactly what the state crime even is. Federal conflicts of interest, for example, are governed by the Ethics in Government Act.
What's more, there's a reason why local DAs don't go around indicting federal officers for official actions (even controversial official actions): The U.S. Constitution.
The Supremacy Clause is generally understood to prohibit states from prosecuting federal officers for their official acts. Guerra can't prosecute Cheney, Gonzales, federal prosecutors, etc., for actions within the scope of their federal authority -- they all would be immune from such prosecutions.
The more serious question is whether the Obama Administration will follow a similar prosecutorial path against previous administration officials for other actions they took while in office.
But a state DA—no matter what his intentions -- cannot.
Megan Mitchell, a spokeswoman for the vice president, told ABC News' Kirit Radia tonight, "We have not received an indictment so I will decline to comment." DOJ also had no comment. But I reached Cheney's former counsel, Shannen Coffin. He had this to say:
"This is just another example of the rampant criminalization of politics by a local prosecutor who is trying to get his name in the newspaper," said Coffin, who's now at Steptoe & Johnson. "The local citizens…should throw him out on his ear."
In fact, they have -- through the ballot box.
November 18, 2008 | Permalink | User Comments (69)
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The defeated DA should himself be indicted and prosecuted for prosecutorial misbehavior and let him have his own bitter medicine.
Posted by: narumanchi | Nov 18, 2008 7:17:10 PM
here come the Bush pardons
Posted by: mr sleepy | Nov 18, 2008 7:17:31 PM
Yes Finally!! an indictment... I have vanguard funds myself and sorry if I missed anything about prison holdings. Par for the course to show the class of ABC... this "ham sandwich" makes it to the #2 headline spot on ABC news
Posted by: bob | Nov 18, 2008 7:19:07 PM
OBAMA SHOULD INDICT BUSH FOR LYING TO THE NATION AND RUNNING OUR COUNTTRY INTO THE GROUND FOR THE BENEFIT OF HIS SELF AND HIS RICH CRONIES!
Posted by: 4hevnsake | Nov 18, 2008 7:26:42 PM
What is truly bizzare is that Ms. Greenberg would belittle the Texas Grand Jury. The U.S. has its own version of official impunity, which is at least as toxic as that which U.S. officials and fractions of the U.S. press ridicule in Mexico and other latin countries. It is scandalously that Cheney apparently holds stock in any entity doing business with the U.S. government. Period. That the entity was apparently engaged in improper actions in violations of the human rights of prisoners suggests that Mr. Cheney should be tried not only in Texas, but also before the Hague tribunal.
Posted by: john | Nov 18, 2008 7:30:38 PM
This smells of a "scam". Are they being indicted so Bush can "Pardon" them before he leaves office?? This is very suspicious....especially in Texas.
Posted by: mary | Nov 18, 2008 7:32:24 PM
If the current administration is guilty of any crimes, shouldn't Pelosi follow through on that? Just because you hate someone doesn't mean that they are guilty of a crime.
Posted by: Chuck | Nov 18, 2008 7:33:35 PM
The Author of this article sounds like an apologist for the criminal Cheney and his cronies. Cheney has other conflict of interest issues as well, i.e. the war in Iraq and Halliburton. This won't be last of indictments against gangster Cheney and I applaud any prosecutor willing to take him on. Cheney and Gonzalez are pure criminals no less than Mafia mobsters.
Posted by: Jeff | Nov 18, 2008 7:37:10 PM
they are all crooks,liers,
why is that news,why do people seemed surprised.is it because they get caught that is the news,because so many dont.america deserves everything it gets,justice in america is a joke and has been for a long time,the tree of liberty needs shaken from time to time,that time is coming soon and it wont be pretty,when americans finally get enough of these crooks,news will be shocking again,not same old same,that is a day I look forward to,when america gets its spine back,that would truly be news to us so called little people
Posted by: don wreyford | Nov 18, 2008 7:38:21 PM
A further comment about Ms. Greenberg's analysis: She apparently relies on a newspaper story and has not seen the indictment. She argues AS IF the indictment were under the federal RICO law, which is extremely unlikely for the reasons she states. More likely it is under a Texas statute; and there is no reason to believe that Texas lacks conflict of interests and criminal conspiracy statutes. Above all, Ms. Greenberg in apparent haste to be "respectable" tries to bury what are apparently the human rights violation aspects of the case. I don't know Texas law, but I'll bet they have civil rights statutes. A real legal reporter would get a copy of the indictment, which is not hard to do, before dismissing attempt to poo-poo it in a public forum.
Posted by: john | Nov 18, 2008 7:39:27 PM
Lastly, there is no obvious reason for Ms. Greenberg to assume that Mr. Cheney is being prosecuted as a federal officer, so as to make the indictment questionable under the supremacy clause. If Cheney owns part of a business engaged in human rights violations, it is not clear that Cheney's official acts as Vice President are material to the prosecution. Ms Greenberg: What does the indictment say? Not, What do you guess it says?!
Posted by: john | Nov 18, 2008 7:44:00 PM
of course the first action one takes against someone who has the goods against them is to destroy the character of of the one with the goods. This story will "disappear". It would disappear if Cheney had been photographed in the act. Watch how fast this is gone.
Posted by: WeHadBetterWakeUp | Nov 18, 2008 7:45:10 PM
watch how fast this disappears.
Posted by: WeHadBetterWakeUp | Nov 18, 2008 7:48:41 PM
Cheney should be fronting up at the Haige.
Rumsfeld should go with him.
Posted by: brian dillon | Nov 18, 2008 7:48:55 PM
ya know, too many of these types of foolish legal moves will only derail a true criminal investigation of the outgoing administration.
Posted by: John | Nov 18, 2008 7:56:40 PM
Too Sweet!! Break out the leg irons!! During the interrogation Cheney might want them to use water boarding. Cheney quotes, " water boarding was a "no-brainer" if the information it yielded would save American lives. "It's a no-brainer for me," Cheney replies. They should start with questions about why we invaded Iraq. Wait till after Bush leaves office before allowing a conviction.
Posted by: Tim | Nov 18, 2008 8:02:58 PM
It's nice to see even silly, feeble attempts to bring justice into the world.
Posted by: Joe Bradshaw | Nov 18, 2008 8:04:21 PM
Good, but I don't believe the charges will stick. Just one person's opinion, but can any of you really imagine it?
Posted by: Lisa Again | Nov 18, 2008 8:04:30 PM
I appreciate the way you point out that it's basically nonsense. But why would you profile it as a breaking story?
Posted by: Anna | Nov 18, 2008 8:10:57 PM
i think gonzales was a pawn and jeopardized his own future. if cheney is guilty of anything he will live with the guit. enough already about the soon to be past.
Posted by: zorra | Nov 18, 2008 8:11:25 PM
Most of the comments in this string reflect the leftist madness that has infected so many in the US. This is a piece of garbage indictment and will soon be cast into the trash where it belongs. Cheney, Gonzales, et. al. have only commited crimes in your fevered minds. The first "law officer" who attempts to place any Bush Administration official before the docket at the Hague will be met with a hail of bullets from enraged American patriots. Thank heavens for the 2nd Amendment!
Posted by: Akennas | Nov 18, 2008 8:20:04 PM
I wish those named above deserve to get the worst trial in life -the public judgment.
They not only ran this country down to the ground, they would make the others do the same: to steal, to corrupt, and to rob the innocent.
Posted by: lucyfomova | Nov 18, 2008 8:25:18 PM
Can you say stupid waste of taxpayer dollars....
Posted by: samhiguchi | Nov 18, 2008 8:26:01 PM
Non-event.
Posted by: Pineapple | Nov 18, 2008 8:28:23 PM
And move over in the jail cell for one more. Rove
Posted by: CW | Nov 18, 2008 8:28:28 PM
Although Im glad to see those two indicted, it makes little difference at this point. We all know that they are criminals and Bush will just pardon them if they do get convicted. This is just pointless.
Posted by: Andrew | Nov 18, 2008 8:31:40 PM
Does anyone think this will amount to anything? Never does, so why would anything change now. Celebrities and VIP have different rules to abide by than we...
Posted by: Leeroy | Nov 18, 2008 8:33:56 PM
And move over in the jail cell for one more. Rove
Posted by: CW | Nov 18, 2008 8:28:28 PM
===================
"One more?"
With all of those republican crooks that have been through the WH over the past 8 years, they will have to build a whole new prison for those bums.
...MURDER
...TORTURE
..."LEAKING" NAMES OF AMERICAN SPYS
and on and on and on..
Posted by: John McNugget | Nov 18, 2008 8:34:02 PM
Akennas, I agree with you. I can't believe how incredibly stupid some of these comments are. Hate apparently warps the mind.
Posted by: Nobama09 | Nov 18, 2008 8:38:33 PM
Bush,Cheney,Rove.I've seen all three of them in striped shirt's but I think they would all look better in striped prison outfit's.Thank god this judge at least had the B_ _ LS to do what most Americans would love to do if they could. 63 day's and counting!
Posted by: J.C. | Nov 18, 2008 8:43:19 PM
Cheney sure likes prisons, torture, p;erversion, guantanamo, shoots his pal right in the face. Hires his own company (haliburton) to pervert Iraq.
He sure did a lot of campaigning for mccain. Not.
Worst VP possible. Good choice bush.
Posted by: djsjs | Nov 18, 2008 8:55:16 PM
You have interpreted the Supremacy Clause incorrectly. Of course a state can prosecute a federal official if they have broken the law, there is no 'official duty' immunity that allows federal officials to break laws. Your suggestion he is immune from prosecution is 'Truly Bizarre'.
Posted by: Eric | Nov 18, 2008 8:57:48 PM
You nutjobs dont care that a CIA agent was outted do you?
You do know that is Treason right?
Now tell us all how bad Clinton was...hypocrits.
Posted by: djsjs | Nov 18, 2008 9:04:14 PM
FDR was a great president. I do think he failed on the economic strategy for recovery, however, I like the idea of actually using tax money to invest in our country's infrastructure. Leaving too much up to free enterprise is naive. There aren't the necessary controls in place to protect the public from greedy corporations and profiteering.
God knows we've seen enough profiteering for the past 8 years.
Posted by: Chicagoian | Nov 18, 2008 9:11:17 PM
djsjs - It's inaccurate to say she was outed - she was not a cladestine operative during the story. Her husband ack'd this during a CNN interview confirming such.
Was it appropriate? Let's say I wouldn't have handled it this way. But treason it was not.
Posted by: Chicagoian | Nov 18, 2008 9:17:17 PM
It's about time but it should be a federal prosecution. These miscreants have harmed ALL of America.
Posted by: Rakko | Nov 18, 2008 9:47:00 PM
Bush will grant blanket pardons. It will only matter to the history books.
Posted by: Lori | Nov 18, 2008 9:52:58 PM
I am from South Texas where Mr.Guerra has a huge reputation. His reputation? Is of suing the local school systems for any little reason for political gain. However, he is taken seriously. It is about time that South Texas is ridding itself of this ridiculous radical that is a threat to all.
Posted by: Mihan | Nov 18, 2008 10:08:45 PM
>>>It is scandalously that Cheney apparently holds stock in any entity doing business with the U.S. government. Period.<<< Oh, really. Do you own any mutual funds? If so, could you state the component holdings of those mutual funds? Do you know whether any of those component companies do any business with the U.S. government? And even if you had vetted all this when you bought the mutual funds, do you realize that a funds's component holdings can CHANGE from time to time? Do you even know what a mutual fund IS?
Posted by: Son of Rodin | Nov 18, 2008 10:15:46 PM
Foolish !!!
Posted by: Bob | Nov 18, 2008 10:23:50 PM
It's just too funny watching Libs thinking this will actually go somewhere.
Posted by: toby hill | Nov 18, 2008 10:26:29 PM
Who ever heard of a Vice President that shoots someone and gets away with it he thought the man was a bird if any other american shot someone they would have been in jail do and by the way you can all us libs what ever but you all still lsot and it seems Ten Stevens has too now thats funny:):):):)
Posted by: bonita | Nov 18, 2008 10:35:39 PM
This is the same state that issued an arrest warrant for Howard Stern for belittling Selena after she died. Whether you like him or hate him, the charge is ridiculous. And so is this news story.
Posted by: Brianomite | Nov 18, 2008 10:35:56 PM
Bush pardons?
it is not republicans? but personal interested....as Bush brought.
it was not free market but Bush, Cheney, ...market
Posted by: AJ | Nov 18, 2008 10:52:24 PM
South Texas has been entertained by Mr. Guerra for several years. We thought we would let the rest of the country in on the joke.
Posted by: lkm | Nov 18, 2008 11:02:06 PM
One issue;
"Politicization of politics"
That seems like a bit of a silly phrase to use.
Posted by: Andrew | Nov 18, 2008 11:04:47 PM
Heh..how ironic that it's Texas that actually gets around to indicting at least this much of the Bush-Cheney crime family! The fed level has abbrogated that responsibility altogether!
Posted by: Eisenhowerkid | Nov 18, 2008 11:07:58 PM
Surely there are not this many liberals out there crying and whining for Cheney and company to be prosecuted. I am no fan of the WAR-mongers Cheney or Bush and I think they like that man-child Bill Clinton would be to cowardly to fight in any war but this stupid, childish whining from libs is ridiculous.
Get over it. You now have your beloved PRINCE about to take over the throne. Grow up all you leftist!
Posted by: Liberal hater | Nov 18, 2008 11:14:35 PM
The truth is sad...but none the less true...we allowed these people the power to destroy our country. We have, for one reason or another, turned away from the devastation they were bringing to our nation. We are all guilty.
Posted by: Anyone | Nov 18, 2008 11:32:04 PM
This is so much fun to watch. Cheney indicted. LOVE IT. I thank those who made it happen. It was worth the laugh, indeed.
Now to indict Bush for his war crimes....
Posted by: marie | Nov 18, 2008 11:36:07 PM
For some reason this story really doesn't surprise me. For those of you who have never lived in South Texas, trust me, it is a completely different world than the one in which most "normal" people live. Corruption and cronyism runs rampant and is pretty much a way of life there. There are nut cases, both in and out of public office, on every street corner.
Posted by: tommywo | Nov 18, 2008 11:37:43 PM
you will not find a jail big enough to incarcerate all of the cronies involved in the Bush team. Yes, Chaney does have to do some time as do Rumsfeld and others, but again, the jail will not be big enough to house them all.
Posted by: lavampire | Nov 19, 2008 12:30:21 AM
they all should go down good job dude!!!
Posted by: mydeaddad | Nov 19, 2008 1:33:17 AM
Bush should be brought up on war criminal charges in the World Court. But laws never apply to the biggest bully.
Posted by: bugg | Nov 19, 2008 2:28:57 AM
Everyone wants to blame bush and chaney for being capitalists, It is not there fault the economy is the state its in. If it werent for the greedy mortgage business we wouldnt be where we are. This country was founded on capitalism, War is Good for the economy, and are borders are safer. Instead of bitchin about em get a job.
Posted by: Realistic | Nov 19, 2008 2:36:09 AM
You can tell that is is a slow day in the news room.
If this ALL they can find on the Bush administration after 8 years (or any adminstration for that matter) then the Bush Administration must of done a good job (which I delt).
Please wake me up when you have some REAL news to report.
Posted by: BuckUSA | Nov 19, 2008 2:46:55 AM
Not sure about this indictment but Cheney and Gonzales have committed a lot of crimes for sure. Unfortunately, the justtice won't be served...
Posted by: cbs_bull | Nov 19, 2008 3:51:51 AM
wow cheney under handcuff?
Posted by: kuma | Nov 19, 2008 3:59:10 AM
I'd love to see Chenney get justice!
Posted by: Ajit Harisinghani | Nov 19, 2008 5:22:56 AM
Until Bush is prosecuted for the countless crimes he committed, no one else should be prosecuted/convicted for anything in this country!
Either the law applies to ALL AMERICANS or it applies to NONE of US!
Juror's across America should only give "NOT GUILTY" verdicts in protest, until BUSH/CHENEY/RICE etc. are
held accountable for their blatant violation of the LAW.
Posted by: James Jenkins | Nov 19, 2008 8:31:02 AM
Please, please find a jail cell for these two.
Posted by: newz4i | Nov 19, 2008 9:33:18 AM
well well... this story certainly got BURIED FAST....
Posted by: IMPEACH THE VP! | Nov 19, 2008 9:42:32 AM
Nothing will happen to any of the Republicans or the NeoCONS; they are backed by the International Banking Groups.
Posted by: Sarcasm | Nov 19, 2008 11:17:22 AM
Has any one noticed that AMERICA is ran by Special Intrerest Groups - International Bankers? Our [S]elected officials are just puppets used to "Govern The Sheep".
Posted by: Sarcasm | Nov 19, 2008 11:20:34 AM
Revenge will be even sweeter when GWBush becomes indicted in the Hague World Court for crimes against humanity with his unforgivable war on Iraqis. Cheney and Gonzales are small fry but their indictments, hopeful convictions and jail time makes me wish even harder for Bush's bad karma to take him to jail also.
Posted by: buzziea | Nov 19, 2008 11:26:40 AM
I get tired of always whining and complaining about Bush should go to jail for crimes blah blah blah. What crimes? The ones your paranoia creates or your sore loser attitude creates because Gore lost and you can't get over it? He may be unpopular but if being unpopular is a crime then most of you posters should have felony convictions. As for the war there was no crime there. Your other elected officials approved it, it wasn't just Bush. Read the headlines of your favorite news station from the days/months before the war started and tell me what they said. Sadam was preventing the United Nations from inspecting for weapons and he was openly threatening the US. Would you rather have had him dropped a toxic gas bomb in New York like he did numerous times in Iran and to his own people in Kurdistan? Even the UN report stated that he did not have weapons but had every intention of developing them when the opportunity came available. If Bush did nothing you would complain if we were attacked. Now you complain because he actually did something besides whimper and cower. It saddens me that you people make up stuff that sounds good to yourself and has no factual basis, then feed it to others that can't think for themselves like yourselves. Really you should move out of your parents basement and get a life, then a clue.
Posted by: Tired_of_Whiney_Losers | Nov 19, 2008 4:17:49 PM
Since the MAINSCREAM media like ABC bit on every lie from bushbaby and the cheeny boy, they hope no court trial ever occurs to out their sycophantic positions. At least this person can make a statement like the towns of Vermont that have ordered bushbaby and cheeny picked up if they ever arrive there. Since Henry "wanted in 5 countries" Kissinger avoided any prosecution and is even lauded by the press to this day, I doubt if these goons, including cheenys cash-collector contractor clowns, will ever skip a beat worrying about war crimes.
Posted by: daddyblue | Nov 19, 2008 7:29:30 PM
Thankyou verymuch
Posted by: sampan | Nov 20, 2008 10:24:32 AM
The reason publishers are not flying to make offers for bush/cheney memoirs is because the public already has the stories and it will take many years for the public to forget this horrible era much less to buy a copy of it. My only curiosity about them is if they have any clue of the mess they and their administration have made of our country
and the young lives they have destroyed.
Posted by: aw | Nov 20, 2008 7:08:04 PM
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