Cheney, Gonzales Trial Prosecutor Yells At Judge

RAYMONDVILLE, Texas — A county prosecutor who brought indictments this week against Vice President Dick Cheney and others pounded his fist and shouted at the judge Friday during a routine hearing. Willacy County District Attorney Juan Angel Guerra asked Presiding Judge Manuel Banales to recuse himself from the case, which alleges abuse at federally run prisons.

Attorneys for the vice president and other defendants leapt to their feet in objection as Guerra pounded the table and accused Banales of giving the defendants special treatment.

"Now all of a sudden there is urgency," Guerra shouted. "Eighteen months you kept me indicted through the election."

Guerra lost his bid for re-election in the March primary and will leave office in January. He was indicted last year on charges he extorted money from a bail bond company and used his office for personal business, but the charges were dismissed last month.

Guerra said the judge was wrong to allow motions to quash the indictments to be heard before the defendants were arraigned.

Banales called a recess so he could try to contact the chief justice of the state Supreme Court for suggestions on how to proceed, and ordered Guerra, who had slipped out once during the hearing, to remain in the courthouse.

Guerra first said "I will not obey that order," but then agreed to stay if the judge asked him respectfully.

After the recess, Banales adjourned for the day and announced that he would send all documents pertaining to the recusal motion to the chief justice. He tentatively scheduled the parties to return to court Wednesday.

Curious residents packed the well-worn pews of the Willacy County Courthouse's only courtroom for Friday's hearing. The defendants were not required to appear in person.

Cheney and former Attorney General Alberto Gonzales were indicted in connection with privately run federal detention centers in Willacy. In particular, it alleges that Cheney's personal investment in the Vanguard Group, which invests in private prison companies, gives him culpability in alleged prisoner abuse.

Guerra also indicted judges and special prosecutors who played a role in the investigation of him.

T. Gerald Treece, a constitutional law specialist and professor at the South Texas College of Law in Houston, this week questioned Guerra's jurisdiction.

"You can't have district attorneys across the country bringing charges against federal officials," Treece said. And even in a federal probe, Cheney and Gonzales have a "qualified privilege" that would protect them so long as they were acting within their jobs, Treece said.

Comments

[MIVOTE]

I hope this is just the opening act for a long time of court appearances for Cheney et al.

[ObjectiveRealist]

[
T. Gerald Treece, a constitutional law specialist and professor at the South Texas College of Law in Houston, this week questioned Guerra's jurisdiction.

"You can't have district attorneys across the country bringing charges against federal officials," Treece said. And even in a federal probe, Cheney and Gonzales have a "qualified privilege" that would protect them so long as they were acting within their jobs, Treece said.
]

I'm sure Texas College of Law in Houston is a fine institution and that T. Gerald Treece is a faculty member currently in good standing, but we *don't* "have district attorneys across the country bringing charges against federal officials," and the facts available suggest that Cheney and Gonzales were acting well beyond their purview, meaning not acting within their jobs, so none of his comments apply to this case. Maybe he's hoping to be hired for this case? Using the interview as a platform to advertise his unscrupulous services to other criminals?

[Kassandra]

They all broke the law as soon as they "took" office. They didn't relinquish their "interests" in the companies they worked for previously. This mess has been illegal from the getgo.

The entire Bush "adminstration" has been lobbyists in high places from the beginning. (See No-bid contracts for more info)

[sloreader]

big time

[Maezeppa]

An indictment before Bush steps down gives him the ability to grant pardons. This is not good.

[Kassandra]

I'm waiting with bated breath. Bush is NOT known for his leniency, and if he thinks anyone can be blamed for his messes, instead of taking "personal responsibility", he will not pardon them. IMHO

for instance, I think Tom Delay is toast. Taht's why he looked so scared when Obama won. Heheheheeeeeeeee

[sloreader]

Bush will preemptively pardon them even if they don't get charged until after he leaves office... He's just workin' on the wordin' now, heh heh!

[Troubledwawa]

DA Guerra's being charged of extortion and then magically disappearing after the election seems a little odd.

It's too bad the MSM didn't cover this story for the last 18 months. Things might have turned out a little different.

[ojim]

The MSM doesn't cover this sort of thing - they help cover it up! No one speaks for us, not yet. That's why we need to let Obama and friends loosen up the trap a bit, it will take all of us working with the new government to wear down this evil, horror of a system, from government to media to big business. We have to be persistent coz they'll do anything to maintain subtle power.

[sandrarita]

This whole thing sounds fishy, but why indict them now when Bush can pardon them. Wait until after Obama's inauguration to bring charges and send these corrupt leeches to prison.

[lyingtruth]

You have sell bongs to get a prison sentence. Cheney will probably never spend a day in court!

[blueskybigstar]

President can't pardon state crimes.

[MsLiz]

The DA was defeated in his primary, so he is on the way out.

[blueskybigstar]

to edify the people who think he is n u t s because that is not true. he is brilliant. also he is rightfully in f ear of his life

http://www.youtube.com/watch?v=e1c8BDYd3lQ&feature=related

[eyecon]

This looks like BS to me BUT how can a sitting VP make investments in a company that does business with the US?. Then, again, we went war for the benefit of Halliburton so - when it comes to George and friends - it seems that anything goes. George thinks that history will treat him kindly.He was considered the worst President in history BEFORE the financial crisis.

[JulieSA]

Obama owns Vanguard funds, so he possibly owns stock in these prisons.

[returnofthejedi]

Im not insulting you or anything,but I would be inclined to ignore that statement until you provide a link or proof that what your implying is true.

[harrymellon]

THERE SHOULD BE NO SUCH THINGS AS PRIVATIZED PRISONS!!!!!!!!! It is in heir interest to keep crime happening.

[eyecon]

I hate to be so cynical but the war on drugs does nothing for society yet it sure keeps a bunch of mouths fed. Prisons, lawyers, judges, parole officers, prosecutors, cops, bail bondsmen. Cory Booker has been proposing that nobody be arrested for simple possession. I think he has a point.

[TheWombat]

Cory Booker also keeps referring to the "deliciousness" American society. Discuss.

[Hoosierbrad]

Oh, come on! I'm a Democrat and it's obvious this lame duck prosecutor is on a witch hunt! These charges will be dismissed on jurisdictional grounds. What these jerks need is a pardon to protect themselves from the new U.S. Attorneys put in office next year!!! Maybe justice will be done, then, if Shrub pulls another stupid and forgets to pardon the bums.

[anarmyofnone]

This investigation was started long before Guerra was defeated in the election, so the lame duck argument doesn't hold water. Cheney orchestrated the trumped-up charges to keep Guerra from getting re-elected. Cheney's investment in the private prison company isn't part of the blind trust, so he is aware of every cent of profit. This is a massive conflict of interest, and Guerra has documented the money trail all the way back to Cheney and Gonzales. The evidence was so overwhelming the grand jury had to indict them. Now they are trying to drag this out until Guerra leaves office. Let's hope it doesn't work.

[blueskybigstar]

New favorite.

[MsLiz]

Okay, you need to be writing the article for Huffington Post. You know much more about the subject than anyone else.

[BobC46]

JUAN ANGEL GUERRA, - anybody checked his immigration papers?

[Skoutt]

Doesn't you logic apply to Gonzales too? Or, am I missing something?

[guajiro]

Ah, yes, ignorance raises it's ugly head for all the blogosphere to see. The Guerra's land grants, granted by the King of Spain, go back to the early 1800's, long before the lands became a part of the U.S.
http://vsalgs.org/stnemgenealogy/ugrants.html

[blueskybigstar]

I appreciate people sharing important information. Thank you.

[bccmeteorites]

Well actually there are number of things one can do to obtain an indictment and lead to prosecution. This is why I was so amazed at Don Siegelman's lack of resolve in his defense. When he discovered that the Prosecutors in Alabama were intent on destroying him for political reasons, he had ample tools at his disposal to bring down Karl Rove, Addington and the Prosecutors. The same thing can happen here if the D.A. wants to invoke federal Civil Rights violations as the proximate cause or result of conduct engaged in by the Defendants. Namely conspiracy to violate civil rights for financial gain under Civil R.I.C.O. using the Racketeering Influenced Corrupt Organizations act as the guiding principal statute for prosecution. It worked for us, why not brilliant Attorneys? If you want to destroy evil people, this is law you use. It's a fabulous tool.

http://www.bccmeteorites.com/misconduct-planetary.html

[guajiro]

That's interesting since Banales is a judge and was a part of the group that arrested Guerra. Guerra can invoke the 14th amendment which includes:

"Due process (more fully due process of law) is the principle that the government must respect all of the legal rights that are owed to a person according to the law of the land, instead of respecting merely some or most of those legal rights. In the laws of the United States (U.S.), this principle gives individuals a varying ability to enforce their rights against alleged violations thereof by governments. Due process has also been frequently interpreted as placing limitations on laws and legal proceedings, in order for judges instead of legislators to guarantee fundamental fairness, justice, and liberty."

[Yermammy]

Wonderful idea and suggestion!

[MsLiz]

Don Siegelman had ample tools at his disposal to bring down Karl Rove? A Democratic private citizen in Alabama (the reddest of states) can do that? Sign me up. That's sarcasm, I don't think Siegelman would have gotten much help from a Republican state AG, republican US Attorneys, or the local DAs.

[blueskybigstar]

Is Siegelman even a lawyer? And, if he is, does it pertain to these things he "should" have known that could have protected him?

[Kassandra]

Yeah and maybe he would have wound up dead instead of in prison....­..........

[thromulese]

"You can't have district attorneys across the country bringing charges against federal officials," Treece said. And even in a federal probe, Cheney and Gonzales have a "qualified privilege" that would protect them so long as they were acting within their jobs, Treece said.”

Key words:

“Qualified privege” and “acting within their jobs”

Does this not say that if they were “acting within their jobs” then they were therefore torturing because their “job” condoned, pursued, justified, and expected them to? Does this not prove purpose and intent?

And “qualified privege”? Really? Privilege? So does this mean that cheney/bush could not only get away with shooting someone in the face but perhaps much greater crimes. Like maybe war crimes, treason during time of war (exposing an operational CIA agent during war time), spying on Americans, invading a sovereign, non-threatening country, torture, rendition, black sites, and on and on and on.

My guess is yes. Watch for selective and very creative pardons to come from our dismal and soon to be de-throned boy king george Jr.

[leatherneck1971]

Wow to the republicans, they are melting down completely, today on 104.1 FM radio here in Tucson, Arizona Laura "jilted for a democrat" Ingram was ranting and raving about how her fellows in republican elite blamed her,Hannity, Oreilly, Limbaugh, and the far right radio talk show hosts for the debacle and defeat of the republican party, guess she just cannot get over the female democratic television personality who stole her man, she is a angry jilted republican, Oreilly tried to bring her in a year or two ago to replace his other blonde bombshell Ann "the wicked witch of the right wing" Coulter since she was toxic to any sensible debate, if one wishes to see a real nut case go to Neil Boortz web site, he calls himself "Mighty Whitey" and on 11/19/08 at around 1pm, he on open airwaves advocated a education test for right to vote, guess he did not get the memo decades ago, when the US supreme court struck down the "Jim Crow education test laws for right to vote", but not surprising the far right might wish to find someone to re-establish their power!

[tbirdalum]

Leatherneck, my thoughts on this would have been, wait till King George is out of office before you bring any charges. Am I wrong, or can you pardon someone before they are charged? Just a thought.


Yes, We Did, O

[MsLiz]

Yes, someone can be pardoned without being charged. Richard Nixon for instance.

[Twinkie]

An education test proposed by a wingnut Republican? HAHA

[returnofthejedi]

He would probably fail it himself!

[Checquoline]

I would just like to see these two in jail. I don't care why they send them.

[strandwolf]

As long as statutes of limitations haven't kicked in, these boys are going to have their cages rattled, so to speak. And much deserved. Wherever they pop up...whack a mole, they're served with subpoenas.

[edsel]

Well I feel the same way, but I'm not going to hold my breath. You shouldn't either.

[Yermammy]

I suppose, if all you do is talk smack and bang on a keyboard. This should outrage you and compel you to do something about it. AfterDowni­ngStreet.o­rg. is but one tool. There are many. Get involved as a patriot should. That IS a duty of a citizen, you know...

[Yermammy]

One note of hope for domestic prosecution of Cheney (and Bush, Rice, Rumsfeld et al) is Vincent Bugliosi is waiting in the wings for when they leave office. All it takes is ONE federal prosecutor to pick it up. Vincent's already done all the paperwork. And he's GOOD. (read his book and find out).

[JulieSA]

Nah, they'll all defect to Paraguay. Isn't that one of the conspiracy theories?

[Yermammy]

The NSA wiretapping and datamining was a "conspiracy theory", until a fellow CO tech in California spilled the beans. You only trivialize yourself, foolish one. Some guess while others KNOW. LOL.