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

[Pearlman]

This prosecutor is being ridiculous. Vanguard Group is a brokerage like Fidelity or Schwab. According to Cheney’s tax filings, he owns shares of mutual funds at Vanguard and not any shares of any company. He has shares of Vanguard municipal bond funds and Treasury security funds. Vanguard, like any other fund company, also has stock funds that millions of Americans invest in. President-elect Obama owns some $180,000 in Vanguard stock funds. Why wasn’t he indicted instead?

[guajiro]

Obama wasn't indicted because he doesn't have any conflict of interest in regards to legislation pending on who gets the prison contracts, unlike Cheney. Further still, Cheney has been investigated in the past for similar actions and this time the charges are more relevant.

" A congressional report concludes that, under federal ethics standards, Vice President Dick Cheney still has a financial interest in Halliburton, the energy services company he used to run.

The report, by the Congressional Research Service, came at the request of Sen. Frank Lautenberg, a New Jersey Democrat and former player in the corporate world who has pushed Cheney on the issue.


The report says that the deferred compensation that Cheney receives from Halliburton as well as the more than 433,000 stock options he possesses "is considered among the 'ties' retained in or 'linkages to former employers' that may 'represent a continuing financial interest' in those employers which makes them potential conflicts of interest."

"As this C.R.S. report shows," Lautenberg said, "The ethics standards for financial disclosure is clear. Vice President Cheney has a financial interest in Halliburto­n."

Similarly, Cheney's ties to the prison stock can be considered linkage to a continuing financial interest, thus conflict of interest.

[Yermammy]

Ha Ha! Take it to the hoop! Good one guajiro!

[Pearlman]

Do you understand that he has no ties to any prison stock? He banks with Vanguard. That's it. If a Vanguard fund, which he is not invested in, goes up or down, he neither losses or gains. My Bank of America account is not tied to any funds BOA sells to other investors. That is why this prosecutor is being laughed at and ignored by most media.

[JulieSA]

How funny. It's not even a mutual fund but just an account with Vanguard? I didn't think this thing could get any sillier, but I was wrong.

[blueskybigstar]

It was not a blind trust. He signed off on every investment. Clear breaking of the law. He also was in charge of giving the company contracts which in all senses of the matter he owned. The more money the prisons got, the worst the prisoners were treated. Cheney is Satan.

[SOLERSO68]

The right will be able to smear him the way they smeared jim garrison. as a "corrupt attention seeker". its sad because even if thats TRUE, these criminal deserve to be prosecuted.

[blueskybigstar]

Not true. This man has brought down some big people. He's had that job for twenty years.

[topkatnc]

Cheney is a crook. I have flushed things down my toilet worth more than him !!!!!!!!!!­!!!!!!!!!!­! Like someone just said. He will get off because he has money. Plain and simple.

[blueskybigstar]

If we really want him to go to jail, he will. You have to want it.

[LITU]

I am more in support of a knotted length of hemp necktie for the b@$ t@rd.

[JulieSA]

He'll get off because DA Guerra is mentally ill.

[guajiro]

Mentally ill? It's more like the group of people seeking Guerra's ouster are incompetent.
"In part, Martinez’s investigation led to Guerra’s Feb. 11 arrest, when Guerra faced a third-degree felony charge that stemmed from the alleged sale of the confiscated 2002 Toyota Camry.


In a probable cause affidavit, Raymondville police detective Daniel Cavazos Jr. said Martinez “discovered it had been privately sold, not through public auction, by Juan Angel Guerra.”


But auction records showed Willacy County sold the car at auction for $6,100 that was paid to the county."

So there you have it. The sheriff's deputy, the local police chief, etc, etc, etc, ALL WRONG. Guerra was arrested illegaly with no repercussions to any of the law enforcement or office holding crooks who were trying to get rid of him. It's his day (Guerra's) in court to hold those who wronged him responsible for their actions.

[Yermammy]

From your previous comments, I'd say it takes one to know one. This guy's brave.

[somsoc]

The reality is Bush will pardon Cheney and Gonzo and twist the arm of his friend the Gov. of Texas to pardon Herr Cheney and Gonzo on the State charges, which will happen. Get over it. The rich and the
federalists get their way no matter who gets trampled on, nothing new. Just more open. Germany, 1938.

[Yermammy]

Maybe that's true, but WE can make it Nuremburg 1946. Get involved. Activism isn't a spectator sport. You gotta be brave, though. AfterDowningStreet.org will get you started.

[blueskybigstar]

If this happens, after bringing on a depression and taking us to war, then we would have to change pardon law. Amendment time. Might as well do the ERA as well. How about an amendment that for a corporation to exist, the pay rate of the top employee cannot be over a 100 times that of the pay of the lowest employee? And take away the rights of corporations to have as many of them as people? And increased penalties for defamation and pro pa ga n da?

[Yermammy]

That's a real good point on CEO pay. I worked for AT&T and made decent scratch, but HE makes about SIX THOUSAND more than I did. That's just sick.

[Eriq]

Would it be possible to bring in an international court of law on the war crimes?
(One can always hope.)

[Yermammy]

What a shame. A border town prosecutor has more balls than the entire Federal Congress. They're going to find a way for him to have an accident. If Nancy Pelosi had one tenth the nerve, the president and vice president would be under impeachment right now. A very brave man. Sign Nagler's petition to prevent Bush to issue pardons for crimes his minions did. We've got to stop this noise and restore the Rule of Law. If the President can break the law, why should we follow it?

[blueskybigstar]

Well said.

[guajiro]

Agreed. The shame of it all is that the Texas Supreme Court is practically 100% conservative as is the Chief Justice, and that's whom the judge is going to get advice from. Additionally, it isn't just prisoner abuse the jury found Cheney and all the rest guilty of, it's also from profiting illegally. From the jury's statement: "Combining those interests, the grand jury accused Cheney of a conflict of interest because the more the prison companies were paid to hold inmates, the better he did financially.

"It is appalling to find that numerous elected officials from different levels of our government throughout our country to our U.S. Vice President Richard B. Cheney, defendant, are profiting from depriving human beings of their liberty," the indictment said.""

Incredible to believe that this is the only prosecutor IN THE ENTIRE COUNTRY who would file on Cheney.

[Eriq]

Yes, our legal system indeed will have to bear that shame for the rest of history to acknowledge.

[blueskybigstar]

Guerra deserves an award and a lot of bodyguards. Has anybody noticed how is name is so befitting of the man.

[robertlockwoodmills]

Too bad this prosecutor is such a fruitcake, because Cheney and Gonzales deserve to be indicted.

[blueskybigstar]

He has twenty years experience and has brought down some very big people. They are trying to paint him that way. If you were a f r a i d for your life, you would be acting kind of strange too.

[jbeach]

I do wish he was more measured though. He runs the risk of appearing to the national press as a crank. I'm starting to wonder, myself.

[LeeCalif]

The prosecutor is on it.

[judoka61]

His motto is: The greatest sin is silence in the face of evil.

:-)))

[guajiro]

He's no fruitcake. He didn't show up at the hearing because the Court did not notify him. The local judge, Banales, is the one who's out of line by not notifying the prosecutor of the hearing, and then creating a circus by issuing a subpoena for the prosecutor's secretary to fill in for her boss, and then telling the media he doesn't know where the prosecutor is when he knows full well his office did not notify the prosecutor's office as is required.
http://www.charlotteobserver.com/116/story/362166.html

[blueskybigstar]

That is despicable. Thank you again, Guajiro.

[blueskybigstar]

The W a r on D rugs was another money making scheme. Can we please have an interview with Noriega now? It made George Sr, who is very close to Cheney, a lot of money. First, he brought it in by the ton inmilitaryaircraft, 100s of tons. Sold it in min ority nei ghborhoods, got people ad dicted, laundered it, started the w a r on d rugs to cover it up, put the same people in jail that they got ad dicted, invested in pris ons, and made money hand over foot.

Quote of George Sr. "If they ever find out about this, they will drag us through the streets." I think it is time to do some dragging. Does anybody wonder why the Reverend Mo on has such control over Bush Sr. and probably a lot more than that? He owns the Washington Times by the way.

http://www.francesfarmersrevenge.com/stuff/archive/oldnews2/boystown/

[NJmikeV]

We will never hear from Noriega. Likewise, we will never hear from bin Laden.
Both were on the CIA payroll. Let's not forget, HW was once CIA director.

[Yermammy]

I'm glad there's a few of us that don't buy the BS, the corporate media tries to feed us. The intertubes are a wonderful thing, no?

[blueskybigstar]

Why not? YES, WE CAN!!! If we can make a black man president, we can put some crooked politicians in jail. We need it to heal and make sure it never happens again.

[cruisepuppy7452a]

Keep in mind, Obamma can still overturn any pardons and take them to court, which he and Biden plan to do. Nobody is immune to prosecution, including president's, VP. Given the high levels of data against them, and there is sufficient incriminating data for high treason charges against both, war crimes to be brought against them here and abroad, they won't see daylight for years if ever. Thier assets will be frozen along with family assets held in trusts. They are indeed going down and the good ship Bush Pardon is and has hit an ice berg the size of a buick.

[blueskybigstar]

We need to be worried about Guerra's health. #1 priority.

[Yermammy]

Agreed. Thank goodness for 24/7 news cycles now. A lot harder to do an Al on him now. I'm still not going to accept an accident though.

[Big0725]

Overturn a pardon?

I don't thing so Chief!

[blueskybigstar]

Hasn't been done, but a lot of lawyers think it can be done. If a president can make a pardon, why can't he unmake it.

[nogimmicks]

You must be kidding me. Obama appears to act in the opposite direction: he helped to keep Lieberman in control of the key committees.

[chaos4700]

I'm compelled to agree. Obama's not even President yet and he's giving us good reasons to be cynical about his willingness to live up to expectations. Even from a position of power the Democrats are acting like deer in the headlights. Would there have been an hours-long tribute complete with standing ovation in a Republican­-controlle­d Senate for a corrupt Republican senator charged with felony corruption? Oh, of course. Under a Democratic­-controlle­d Senate?! Um... apparantly, yes...

[blueskybigstar]

PEOPLE, don't you understand what a precarious situation Obama and the nation are in? The Bushes are absolutely desperate now and they are still in power. He must appear to appease or they might try some way to hold on to power. You know what that would mean for this country. You don't say give me the power so I can put you in jail. YOU DON'T SAY THAT!!!

Study the indictment of Cheney and Gonzalez in Texas. If crooked judges don't prevent it from going through, it will be huge.

[Earl]

This should be thrown out of court so it can't be an excuse for a blanket pardon.

[blueskybigstar]

I believe the president cannot pardon state charges.

[Big0725]

That's why this is going ahead in state court.

[BigHeadTodd]

Go, Guerra, Go! The only way to rid ourselves of these roaches that have infested our country for eight years IS TO BURN THE NEST!

[POTUS2008]

just an absurd political show trial that will end up going no-where. the prosecutor should be punished by the ABA for this travesty.

[MPeter]

Cheney's lips look crooked. Is someone going to fix them before he goes to jail, or will they get fixed by his cellmate at no cost to the tax payer? And that midget Gonzales looks awful.

[KoreanVet]

Fix Cheney's lips hell, THE FIX IS IN ALREADY!

[blueskybigstar]

What are you talking about? That is what they want you to think. This guy has taken down many big guys. He has a track record. Look at his interview with Democracy Now. org, then tell me if this guy does not know what he is talking about.

[republifornian]

I wonder if juan left the court house to consult with his goat and sheep, bwhahahahahaha

[playchessordie]

what an absolutely racist remark. i guess in your world people by the name juan are only shepherds and farmers. maybe your gardener's name is juan? check yourself.
i can't wait till the last republican neocon is squashed and thrown in jail. that's the only place where they belong!

[blueskybigstar]

Guerra was falsely indicted during his reelection. He felt like he was being railroaded and was actually being railroaded. In Republifornian's defense, Guerra did make a protest with chickens and goats.

[blueskybigstar]

Do you celebrate crookedness?

[Durango]

Do you celebrate racism?

[Big0725]

Flagged for racism.

[exxonmobil4prez]

Circus clowns

[GeoLee]

Did youever ni=otice how Cheney and Senatro Shelby tall, literally, out of hte side of theri mouth? IF that is nto the metaphor becoming reality..

[henryhill]

yeah right, like these galoots will be brought to justice in TX.

of course these charges aren't punishable w/ TX well-honed death penalty, either.