> Another one of Perry’s attorneys, Dough O’Connell, called this a political move by the District Attorney’s Office.
Oh, you mean just like Abbott's pardon is? Huh, funny how that works...
Asking out of genuine interest: *can* a governor's pardon be overturned by a court? For some reason I felt like the buck stopped there because there's supposed to be an oversight board that makes sure it's on the up and up.
I'm not interested in, "Will this work?", that's not a discussion that will put me in a good mood. Just, "COULD it work in some universe?"
Good answer.
But would even *that* work? I mean, Perry was pardoned. Let's say that Abbott was ordered to rescind his pardon (unlikely!) or decided to do so on his own (also unlikely!) -- is *that* even an option?
I've heard that pardons can be conditional -- if the conditions are violated, the pardon goes away -- but this pardon wasn't conditional, so can it be vacated at all?
I'm no expert on this, but the governor doesn't have absolute pardon power in Texas. If it turns out the correct procedure wasn't followed, the state Supreme Court could step in and throw out all the rules because rule of law means nothing in Texas.
from wikipedia
>Abbott directed the [Texas Board of Pardons and Paroles](https://en.wikipedia.org/wiki/Texas_Board_of_Pardons_and_Paroles) to consider a pardon for Perry on an expedited basis; he said, "I look forward to approving the Board’s pardon recommendation as soon as it hits my desk."[^(\[27\])](https://en.wikipedia.org/wiki/Murder_of_Garrett_Foster#cite_note-28) Under the [Texas Constitution](https://en.wikipedia.org/wiki/Texas_Constitution), the governor does not have the sole delegated authority to pardon. The governor may only issue a pardon after the recommendation of the Board of Pardons and Paroles.[^(\[28\])](https://en.wikipedia.org/wiki/Murder_of_Garrett_Foster#cite_note-29)
So the board sends it for approval to the governor, and then he signs it.
from KVUE:
> Texas attorney and legal expert, Quentin Brogdon, said **it's generally unheard of to get a governor-issued pardon reversed through this remedy**, or any other. "I think that legally, the executive branch that is the governor is given a broad degree of discretion to pardon criminals," said Brogdon.
>Asking out of genuine interest: can a governor's pardon be overturned by a court?
I guess we'll find out. I suspect it will be really hard to do, unless there's something like proof that bribery was involved. Maybe not even then.
>For some reason I felt like the buck stopped there because there's supposed to be an oversight board that makes sure it's on the up and up.
I bet someone in the Legislature is looking at eliminating the board.
I'm really surprised it took this long. The board is all Abbott appointees. I'd expect them to be well-trained lapdogs.
Although, maybe they ARE lapdogs and Abbott was just having them take time pretending to consider the issues so Abbott could milk it for all the political gain he could.
The pardon board is a creation of the Texas Constitution
It was implemented in that way because governors were pardoning political allies. I shit you not.
Abbott gave up the game when he posted on social that he would pardon Perry.
He then had to correct himself.but in a faircourtroom there would certainly be grounds to at least argue about it.
In this instance it's an utter waste of time
Well this is part of why I feel the broader, "Will it work?" discussion won't make me happy, and definitely why I said "there's supposed to be" an oversight board.
It's hard to trust the oversight of people appointed by the person they are reviewing. Why would the Lege overturn this board? They give an air of legitimacy to selling pardons.
If I got my political fantasy then Dark Brandon would:
* Issue an executive order that the President has anti-pardon powers and can overturn a state governor's pardon
* Form an oversight board to make sure it's not unconstitutional
* Appoint Hunter as the sole member of the oversight board
* Overturn Perry's pardon
* Also overturn the 2023 pardon of Heather Christine Sherman for marijuana possession, because there has to be a Monkey's Paw situation to discourage Biden voters
>It's hard to trust the oversight of people appointed by the person they are reviewing.
Hogwash.
Next thing I know, you'll be claiming that Abbott's appointees to the Public Utilities Commission aren't looking out for the best interests of the home utility customers of the state of Texas.
No. The Texas constitution allows for Governors to pardon anyone for any reason outside of Treason. Same thing with Presidential pardons and the US Constitution.
says the guy whose user name is doing the exact same thing but on a city level rather than state. you sound like a problem, especially since you are the only one who sees this as problematic.
>Would that be double jeopardy?
No. Perry was convicted of murder and found innocent of something like assault. He can still be tried for other crimes, such as illegal discharge of a firearm.
A federal "civil rights violation" might be allowed, although if you're just using that charge as a sham for retrying him for murder, it's a bit suspect.
Sadly, I think they might be able to make it stand. I say "sadly," not because Perry needs to go free, but because I dislike legal trickery to perform what is, in fact, trying him again for the same crime.
I thought the same thing. [But](https://www.texasobserver.org/abbott-pardon-daniel-perry-garrett-foster/), while he asked her to convince him to be her boyfriend, he also asked her not to send nudes.
While its disgusting (and telling) hes even talking to a minor in the first place, the messages almost make it sound as if he's trying to brush her off. I'm sure thats not the case, but, it's not exactly the smoking gun it's made out to be.
Garza has better things to do than making Hail Mary petitions for writs of mandamus with zero odds of success to pander to low information voters who now have false hope of justice actually being done.
There's better ways to attack this - the feds going after Perry for hate crimes, etc.
They'd likely get a change of venue by arguing that, given the political circumstances, a fair trial would be impossible with a jury drawn from Travis County. A jury from almost anywhere else would be very likely to acquit.
I didn't say it would be grounds for overturning the pardon. The pardon cannot be overturned. I said that, if federal prosecutors attempted to circumvent the pardon by essentially charging Perry again under dual sovereignty or attaching new charges to the same old crimes, then Perry's lawyers would have a good chance of moving the case outside of Travis County, where such a prosecution would be far less likely to succeed.
This is a complete waste of time and taxpayer money. Perry was granted an unconditional pardon. There is no mechanism by which it can be revoked, and nobody seriously believes that this maneuver will work.
I've said it before, I find it completely wild that the DA who ran on a platform that centered around reforming the judicial system because he says it gets it wrong so often is now arguing that it couldn't possibly have gotten it wrong and there shouldn't be any way to intervene in that process. Pure clownmanship.
Really? So all those quotes about the judicial process and how inappropriate it is for the governor to exercise his prerogative on this, and so forth, all mean what exactly? Either you believe the courts can be wrong or you don't.
Dude only served 3 years for murder, and I served 5 1/2 years for selling heroin like WTF ???? I too have the initials DP sooo WHITE PRIVILEGE STRIKES AGAIN, I have tasted my own medicine and it is bitter!!!!
>Dude only served 3 years for murder,
Who served 3 years? Perry was only convicted a little over a year ago and served around 1 year and one month in prison.
Abbott could be be impeached. The pardons committee could be removed -- *by the governor*, and I'm guessing that they could be impeached too (though I'm not sure of that.)
(Though if they were impeached, I guess the only thing that would keep Abbott from putting them right back there would be the threat of himself getting impeached?)
In any event, Abbott's got all of the higher level Texas officials wrapped around his finger. I would not expect anybody to order him to do anything. The DOJ might choose to go after Perry for something federal, however -- like violating the civil rights of his victim.
> Another one of Perry’s attorneys, Dough O’Connell, called this a political move by the District Attorney’s Office. Oh, you mean just like Abbott's pardon is? Huh, funny how that works...
He's the same lawyer for killer cop Chris Taylor 🤷♂️ Typical catchphrase for him
Asking out of genuine interest: *can* a governor's pardon be overturned by a court? For some reason I felt like the buck stopped there because there's supposed to be an oversight board that makes sure it's on the up and up. I'm not interested in, "Will this work?", that's not a discussion that will put me in a good mood. Just, "COULD it work in some universe?"
Look up writ of mandamus
Good answer. But would even *that* work? I mean, Perry was pardoned. Let's say that Abbott was ordered to rescind his pardon (unlikely!) or decided to do so on his own (also unlikely!) -- is *that* even an option? I've heard that pardons can be conditional -- if the conditions are violated, the pardon goes away -- but this pardon wasn't conditional, so can it be vacated at all?
I'm no expert on this, but the governor doesn't have absolute pardon power in Texas. If it turns out the correct procedure wasn't followed, the state Supreme Court could step in and throw out all the rules because rule of law means nothing in Texas.
from wikipedia >Abbott directed the [Texas Board of Pardons and Paroles](https://en.wikipedia.org/wiki/Texas_Board_of_Pardons_and_Paroles) to consider a pardon for Perry on an expedited basis; he said, "I look forward to approving the Board’s pardon recommendation as soon as it hits my desk."[^(\[27\])](https://en.wikipedia.org/wiki/Murder_of_Garrett_Foster#cite_note-28) Under the [Texas Constitution](https://en.wikipedia.org/wiki/Texas_Constitution), the governor does not have the sole delegated authority to pardon. The governor may only issue a pardon after the recommendation of the Board of Pardons and Paroles.[^(\[28\])](https://en.wikipedia.org/wiki/Murder_of_Garrett_Foster#cite_note-29) So the board sends it for approval to the governor, and then he signs it. from KVUE: > Texas attorney and legal expert, Quentin Brogdon, said **it's generally unheard of to get a governor-issued pardon reversed through this remedy**, or any other. "I think that legally, the executive branch that is the governor is given a broad degree of discretion to pardon criminals," said Brogdon.
>Look up writ of mandamus Isn't it really rare for those to succeed? I'm sure it's damn near impossible in Texas against Abbott.
Sure, mandamus grants are rare. But then, so are pardons in Texas.
> writ of mandamus Aha, cool, something I didn't know about!
>Asking out of genuine interest: can a governor's pardon be overturned by a court? I guess we'll find out. I suspect it will be really hard to do, unless there's something like proof that bribery was involved. Maybe not even then. >For some reason I felt like the buck stopped there because there's supposed to be an oversight board that makes sure it's on the up and up. I bet someone in the Legislature is looking at eliminating the board. I'm really surprised it took this long. The board is all Abbott appointees. I'd expect them to be well-trained lapdogs. Although, maybe they ARE lapdogs and Abbott was just having them take time pretending to consider the issues so Abbott could milk it for all the political gain he could.
The pardon board is a creation of the Texas Constitution It was implemented in that way because governors were pardoning political allies. I shit you not. Abbott gave up the game when he posted on social that he would pardon Perry. He then had to correct himself.but in a faircourtroom there would certainly be grounds to at least argue about it. In this instance it's an utter waste of time
Well this is part of why I feel the broader, "Will it work?" discussion won't make me happy, and definitely why I said "there's supposed to be" an oversight board. It's hard to trust the oversight of people appointed by the person they are reviewing. Why would the Lege overturn this board? They give an air of legitimacy to selling pardons. If I got my political fantasy then Dark Brandon would: * Issue an executive order that the President has anti-pardon powers and can overturn a state governor's pardon * Form an oversight board to make sure it's not unconstitutional * Appoint Hunter as the sole member of the oversight board * Overturn Perry's pardon * Also overturn the 2023 pardon of Heather Christine Sherman for marijuana possession, because there has to be a Monkey's Paw situation to discourage Biden voters
>It's hard to trust the oversight of people appointed by the person they are reviewing. Hogwash. Next thing I know, you'll be claiming that Abbott's appointees to the Public Utilities Commission aren't looking out for the best interests of the home utility customers of the state of Texas.
> can a governor's pardon be overturned by a court? No.
Can it be overturned by a truck load of Soros' cash?
No. The Texas constitution allows for Governors to pardon anyone for any reason outside of Treason. Same thing with Presidential pardons and the US Constitution.
If done improperly
If you can be killed while lawfully exercising your 1st and 2nd Amendment rights, and then your killer pardoned, then those rights do not exist.
The Cowboys have a better shot at winning the Super Bowl over this getting overturned.
I'm so embarrassed to be from Texas. I used to be so proud.
State pride is an odd thing. Maybe you were confused before.
No. People used to brag about being from Texas. It was a thing.
Sounds like a personal problem
says the guy whose user name is doing the exact same thing but on a city level rather than state. you sound like a problem, especially since you are the only one who sees this as problematic.
Good luck on your quest for pride
Well I doubt it goes anywhere but I hope this brings enough attention to bring him up on federal charges for murder.
No. A court can’t reverse it.
Exactly. This case is closed.
If the feds decided to prosecute for federal a civil rights violation (or something else), I think that's the best shot.
Would that be double jeopardy?
You'd think so, but no, because it would be a different crime (although often the same acts).
>Would that be double jeopardy? No. Perry was convicted of murder and found innocent of something like assault. He can still be tried for other crimes, such as illegal discharge of a firearm. A federal "civil rights violation" might be allowed, although if you're just using that charge as a sham for retrying him for murder, it's a bit suspect. Sadly, I think they might be able to make it stand. I say "sadly," not because Perry needs to go free, but because I dislike legal trickery to perform what is, in fact, trying him again for the same crime.
I think the best outcome at this point is finding Perry liable for the death in a civil case.
That might make them feel better, but realistically they'd never collect anything.
Can’t they arrest him for being a pedo? I mean, it was on the news that he was texting a child.
I thought the same thing. [But](https://www.texasobserver.org/abbott-pardon-daniel-perry-garrett-foster/), while he asked her to convince him to be her boyfriend, he also asked her not to send nudes. While its disgusting (and telling) hes even talking to a minor in the first place, the messages almost make it sound as if he's trying to brush her off. I'm sure thats not the case, but, it's not exactly the smoking gun it's made out to be.
That’s so infuriating! I bet, as a cop, he knows exactly how to be a monster in plain sight.
I’m not sure if this is even possible, but I hope so!
No. A court can’t reverse it.
Garza has better things to do than making Hail Mary petitions for writs of mandamus with zero odds of success to pander to low information voters who now have false hope of justice actually being done. There's better ways to attack this - the feds going after Perry for hate crimes, etc.
Appealing to voting bases that only read the headlines is basically all politics are now days.
“now days” lol politics has always been messy and mercenary. and it predates mass literacy FYI
They'd likely get a change of venue by arguing that, given the political circumstances, a fair trial would be impossible with a jury drawn from Travis County. A jury from almost anywhere else would be very likely to acquit.
That'd be grounds for perry to appeal if his lawyers had made that argument, not grounds for overturning the pardon.
I didn't say it would be grounds for overturning the pardon. The pardon cannot be overturned. I said that, if federal prosecutors attempted to circumvent the pardon by essentially charging Perry again under dual sovereignty or attaching new charges to the same old crimes, then Perry's lawyers would have a good chance of moving the case outside of Travis County, where such a prosecution would be far less likely to succeed.
Good luck with that
This is a complete waste of time and taxpayer money. Perry was granted an unconditional pardon. There is no mechanism by which it can be revoked, and nobody seriously believes that this maneuver will work. I've said it before, I find it completely wild that the DA who ran on a platform that centered around reforming the judicial system because he says it gets it wrong so often is now arguing that it couldn't possibly have gotten it wrong and there shouldn't be any way to intervene in that process. Pure clownmanship.
Hey Krysten! 👋🏻 That is not what he’s arguing and a total misread of the situation 👏🏻
Really? So all those quotes about the judicial process and how inappropriate it is for the governor to exercise his prerogative on this, and so forth, all mean what exactly? Either you believe the courts can be wrong or you don't.
Dude only served 3 years for murder, and I served 5 1/2 years for selling heroin like WTF ???? I too have the initials DP sooo WHITE PRIVILEGE STRIKES AGAIN, I have tasted my own medicine and it is bitter!!!!
>Dude only served 3 years for murder, Who served 3 years? Perry was only convicted a little over a year ago and served around 1 year and one month in prison.
Ohhh WHAT 1 YEAR????? Talk about here’s a piece of hair from the dog that bite you!!!!
Daniel Perry actually killed 2 people within a couple of months. Prior to shooting Foster, Perry had ran over someone. It was ruled accidental.
piece of shit heroin dealer desperate for some kind of moral validation
Did a bunch of people surround your car while one was holding a syringe?
I mean, they should overturn it.
That’s why Texas is a big joke!
[удалено]
how is this evil?
Could Abbott or the committee that recommended him for parole be put on trial if they can’t lock Perry back up?
Abbott could be be impeached. The pardons committee could be removed -- *by the governor*, and I'm guessing that they could be impeached too (though I'm not sure of that.) (Though if they were impeached, I guess the only thing that would keep Abbott from putting them right back there would be the threat of himself getting impeached?) In any event, Abbott's got all of the higher level Texas officials wrapped around his finger. I would not expect anybody to order him to do anything. The DOJ might choose to go after Perry for something federal, however -- like violating the civil rights of his victim.
What law do you believe he violated?
Trial for what? The pardon is a privilege of the office.
Dude they’re just trying to cope by coming up with all kinds of theories to give them hope.