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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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
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