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Cheney, Gonzales Arraignment Friday

They have a strange way of doing things in Texas, at least in Willacy County where the prosecutor persuaded a grand jury to indict Dick Cheney and Alberto Gonzales. Usually the indicted person has to be hauled in front of a magistrate for an arraignment. In Willacy County, they have to go get the district attorney.

In the latest bizarre development in the case, the lame-duck prosecutor who won the indictments was a no-show in court Wednesday. The judge ordered Texas Rangers to go to Willacy County District Attorney Juan Guerra's house, check on his well-being and order him to court on Friday.

Cheney and Gonzales, on the other hand, get to stay home. In a disappointing bit of news, Presiding Judge Manuel Banales said that Cheney, Gonzales and the other indicted defendants will not be arrested. Banales' decision is understandable. Wouldn't you be a little worried that signing an arrest warrant for Dick Cheney would be a lot like signing your own death warrant? [more ...]

The specific charges remain cryptic. The one against Gonzales seems the easier:

The indictment accuses Gonzales of stopping an investigation into abuses at the federal detention center.

Gonzales could conceivably have done that as Attorney General, although it's asking a lot to believe that he knew what was happening in a federal detention center in south Texas when he denied knowing much of anything about events that happened inside his own Washington office. How Gonzales' alleged abuse of federal authority in a federal detention center would violate a state criminal law continues to be a mystery.

The accusation against Cheney is even more bizarre.

The grand jury accused Cheney of a conflict of interest because of his influence over the county's federal immigrant detention center and his substantial holdings in the Vanguard Group, which invests in private prison companies.

Is it really a crime in Texas for the Vice President to have a conflict of interest between his official duties and his private investments?

It's a little cheeky of Guerra to accuse Cheney of having a conflict of interest, given this:

District Clerk Gilbert Lozano, District judges Janet Leal and Migdalia Lopez, and special prosecutors Mosbacker and Gustavo Garza, a longtime political opponent of Guerra, were all indicted on charges of official abuse of official capacity and official oppression. The grand jury tied all of their charges to an earlier investigation of Guerra's office.

Assuming the Texas Rangers find Guerra in good health and persuade him to come to the arraignment on Friday, and assuming a death ray does not interfere with Guerra's attendance, the proceeding should be entertaining. If the judge shows even the slightest inclination to exercise any authority over Cheney, the VP's lawyers will get a federal judge to shut him down. (That's shut him down, Mr. Cheney. Not shoot him down. Shut him down.)

While shutting these jokers and their mockery of a judicial system down would be the right thing to do, it's difficult to feel too much outrage when Cheney and Gonzales are their targets. What does Guerra have against them? Guerra should idolize those guys. Cheney and Gonzales set the standard for abusing official authority.

The local court authorities who are under indictment are probably less amused. Perhaps their lawyer can shame the judge into dismissing the indictment on Friday.

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  • Display: Sort:
    One Problem (none / 0) (#1)
    by NMvoiceofreason on Thu Nov 20, 2008 at 01:56:36 AM EST
    Cheney CANNOT be arrested, He has to be impeached first, or leave office. People who read the Constitution would know this. Article II, Section 4.

    They proper thing for the judge to is to stay the indictment as to defendant Cheney until Jan. 21st, 2009.

    Wowee, typo city (none / 0) (#3)
    by NMvoiceofreason on Thu Nov 20, 2008 at 02:04:49 AM EST
    Should have been:

    The proper thing for the judge to do is to stay the indictment as to defendant Cheney until Jan. 21st, 2009.

    Parent

    Uh, TCHRIS, SORRY! (none / 0) (#6)
    by NMvoiceofreason on Thu Nov 20, 2008 at 02:09:26 AM EST
    In rereading this, is seems to say something about you that was really meant about the people in Texas. Did not mean to even imply anything other than you have probably forgotten more law than I will ever know.

    Sorry.

    Parent

    Also Article 1, Section 6 (none / 0) (#2)
    by NMvoiceofreason on Thu Nov 20, 2008 at 02:03:04 AM EST
    But I'm not sure this applies to a fourth branch official such as Cheney.

    Quantum Cheneyverse at Salon

    Be Ashamed! (none / 0) (#4)
    by JeriKoll on Thu Nov 20, 2008 at 02:05:09 AM EST
    You are having way too much fun with this.  I bet you giggle when you read the latest.

    I am ashamed (none / 0) (#8)
    by NMvoiceofreason on Thu Nov 20, 2008 at 02:14:04 AM EST
    that Bush is President and Cheney is Vice President.

    Otherwise, my conscience is clear.

    Actually, JeriKoll, I laugh out loud.

    Parent

    My question is: which one is the ham sandwich? (none / 0) (#5)
    by andgarden on Thu Nov 20, 2008 at 02:07:07 AM EST


    Alberto, definitely (none / 0) (#7)
    by NMvoiceofreason on Thu Nov 20, 2008 at 02:10:28 AM EST
    He's the one with all the camera time.

    Parent
    While this is amusing, I'm afraid (none / 0) (#9)
    by barryluda on Thu Nov 20, 2008 at 05:27:05 AM EST
    that this helps Cheney and Gonzales dismiss any legitimate prosecution that may come against them in the future by lumping it in with this crazy one and claiming some legitimacy to getting some type of blanket pardon from Bush.

    I wouldn't worry... (none / 0) (#10)
    by kdog on Thu Nov 20, 2008 at 08:52:29 AM EST
    no prosecution with teeth is ever coming after any of the Bush crime family.  Take it to the bank.

    The law is meant to protect the Cheneys of the world from us, the unwashed masses.  Not the other way around.

    Parent

    I'm feeling bad (5.00 / 1) (#12)
    by NMvoiceofreason on Thu Nov 20, 2008 at 12:46:28 PM EST
    because I so often see, and feel, that "the game" is rigged against us. Then some honorable judge comes out with a decision that is definitely NOT in their career or political self interest, and I feel all warm and gooey about noble principles once again.

    Again, a RICO civil suit could bring the entire Republican conspiracy to account.

    Law can be used by anyone with the knowledge. In that way it is one of the most dangerous weapons on the planet.

    Seeing your comment makes me sad that sometimes I feel that way too. It also makes me feel glad that sometimes I don't.

    Parent

    Re: indictment (none / 0) (#11)
    by ctrenta on Thu Nov 20, 2008 at 11:12:09 AM EST

    While I believe this DA's effort is nonsense, that doesn't mean we don't stop trying to prosecute Bush, Cheney, Gonzales, et al.Vincent Bugliosi makes an excellent and convincing case on the matter. It should still be pursued.

     I really do believe justice will take a turn for the worst if no one doesn't step up and charge them for murder. No leader should get away with the things Bush & Cheney has done. If prosecution in general is nonsense, what are your suggestions for justice? I'd like to hear. Reversing all the bad policy decisions of the last eight years doesn't cut it. That's burying the problem not solving it.

    Seriously, how should justice be pursued? Let's hear it.

    Several avenues (none / 0) (#13)
    by NMvoiceofreason on Thu Nov 20, 2008 at 01:12:35 PM EST
    First, seek the Extinction of the Republican Party in a RICO (Racketeer Influenced and Corrupt Organizations) 18 USC § 1964 civil suit, listing the known and suspected crimes of the last eight years. Attach their assets, ask for judicial notice of their crimes, and force the Obama DOJ (which otherwise won't come within light years of it) to prosecute.

    Second, revise the appointment of AUSAs, so the the DC AUSA is appointed by the court, and SHALL execute the contempt power (as required by the Constitution). Thus there will always be an attorney to represent the people (and congress) against the party in power. If you do not choose to do it by legislation, force an official not to testify, cite them for contempt, and then proceed to lose in every court up through the SCOTRP (The Supreme Court of the Republican Party).

    Next, revise the structure of the courts. They are lazy, doing less than 1% of the work assigned to them. So reorganize the Supreme Court, so that it has at least 15 members, require it to hear and issue a written, signed opinion in every case, and require at least three members to be non-lawyers. The law does not belong to the lawyers or the judges, it belongs to the people.

    Courts of Appeals and District Courts should be expanded to return their workloads back to a similar volume per judge as in the 1960's.

    We have to destroy the police state. Whether it is "Catch and Release", or warrantless wiretapping, or secret courts and secret evidence. Amend Title 18 and Title 50 to state that no evidence based upon national secrets is admissible in any prosecution under that act.

    Pass a protection of Access to justice, such that the cost of restoring any person to the dignity they had when they were arrested shall be borne by the government. Any lost income, full value of any home lost, all attorney fees, plus hourly rate for all time incarcerated for all acquitals. If the government cannot win the case, the government must pay for the disruption. Also require that prosecutors who violate disclosure rules, or aid and abet the removal of witnesses, are not repremanded but immediately disbarred.

    Parent