THE AMAZING PERRY LAWFARE BACKFIRE

"We love him for the enemies he has made," said Edward S. Bragg in his speech seconding the nomination of New York Gov. Grover Cleveland to be the Democrat candidate for president in 1884.

Republicans are saying that about Texas Gov. Rick Perry. He’s not the first Republican to be victimized by Democrat efforts to criminalize policy differences. But he could be the last.

Last week (8/15) a grand jury in Travis County (Austin), a dark blue island in the red Texas sea, indicted Gov. Perry on two felony counts for vetoing an appropriations bill.

Travis County District Attorney Rosemary Lehmberg was arrested last year after "driving for about a mile in a bike lane, swerving and veering into oncoming traffic." Her blood alcohol level was nearly three times the legal limit.

As Travis County DA, Ms. Lehmberg oversees the "Public Integrity Unit," which prosecutes insurance fraud, motor fuels tax fraud and government corruption, and is funded by the state. Outraged by her conduct, Gov. Perry demanded she resign, said he’d veto funding for the Public Integrity Unit if she didn’t. She didn’t, so he did.

For "special prosecutor" Michael McCrum, that constituted "coercing a public servant," and "abuse of power."

Democrats make bogus criminal charges against Republicans to hurt them with voters who read only the headline "so and so was indicted."

But there must be some ambiguity for "lawfare" to work, and the news media must be complicit. As were the Washington Post and the New York Times in June, when they trumpeted recycled charges by Democrat district attorneys in Wisconsin against Gov. Scott Walker, without mentioning that months before a state judge had ruled their witch hunt lacked probable cause; a federal judge issued an injunction to halt it.

So flimsy are the charges against Gov. Perry that even liberals described them as "B.S.," "fishy," "sketchy," "far-fetched," "unbelievably ridiculous," the "stupidest thing I’ve seen in my entire career." Stupid enough to be denounced by the New York Times and the Washington Post.

The video of Ms. Lehmberg’s booking – which has gone viral on Youtube – shows she was abusive and violent, had to be restrained. That she’s still the DA is the real abuse of power, people who watch it likely will conclude.

If the purpose of the indictment was to wound Gov. Perry as a presidential candidate, it’s backfired. Republicans – including potential rivals for the GOP nomination – have rallied behind him.

Governors Walker and Chris Christie of New Jersey also are boosted by Mr. McCrum’s epic overreach, because more people will think charges against them are politically motivated, wrote Michael Lind in the liberal webzine Salon. So liberals carpet bomb the indictment, hoping to make it go away before blowback gets way out of hand.

For some liberals, outrage is genuine. The criminalization of party differences is "un-American, an extremely dangerous trend," said law professor Alan Dershowitz.

This is "the most egregious example to date of a blatant attempt to distort the law for political ends and criminalize lawful conduct," said former Justice Department prosecutor Sidney Powell. "Torturing statutes to create crimes out of conduct that is not criminal has become a burgeoning industry for creative prosecutors fueled by their own ambitions."

Mr. Bragg’s barb was aimed at Tammany Hall, a charnel house of corruption the Travis County District Attorney’s office resembles. Delegates at the Democrat convention in 1884 erupted in applause. Gov. Cleveland was elected that November, ending a GOP string of six consecutive victories.

Gov. Perry should fight these bogus charges as publicly as he can. After they’re thrown out, he should demand Mr. McCrum be disbarred. To end "lawfare," those who practice it must be punished.

Which seems to be what he has in mind. Gov. Perry went on offense right away, has assembled a crackerjack legal team.

"First on the border crisis and now on his own indictment, he has shown an uncanny ability to seize the national stage and convey his impressive leadership skills," said Washington Post blogger Jennifer Rubin.

"Rather than play the victim as too many conservatives do when treated unfairly… Perry is stepping out as the Republican willing – and able – to take on liberal incompetence and abuse."

We love him for the enemies he has made.

Jack Kelly is a former Marine and Green Beret and a former deputy assistant secretary of the Air Force in the Reagan administration. He is national security writer for the Pittsburgh Post-Gazette

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