August 19, 2014 – Professor Eugene Volokh was cited in Talking Points Memo and Wall Street Journal on Texas Gov. Rick Perry’s indictment.
In Talking Points Memo, Volokh is quoted on why it will be difficult to convict Perry.
Eugene Volokh, a professor at UCLA School of Law, pointed out that the Texas statute cited says the funds have to be in "the public servant's custody or possession" in order to be "misuse[d]." But Perry never actually had the funds in his possession; he vetoed them before they were legally appropriated.
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The Wall Street Journal article deals with constitutional issues raised by Perry's indictment.
(Eugene Volokh) points to a 1990 case in which a local official was charged under an earlier version of the coercion statute, which did not include the exception for official action.
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His comments also appear in The Salt Lake Tribune.
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