But his ill-advised veto still doesn’t seem to rise to the level of a criminal act. After a complaint was filed by a liberal group, a judge appointed a special prosecutor, Michael McCrum, a San Antonio lawyer and former federal prosecutor, to take the case. A Travis County grand jury indicted Mr. Perry on two felony counts: abuse of official capacity and coercion of a public servant. The indictment says he exceeded his veto power by combining it with a threat to Ms. Lehmberg if she didn’t quit.
Governors and presidents threaten vetoes and engage in horse-trading all the time to get what they want, but for that kind of political activity to become criminal requires far more evidence than has been revealed in the Perry case so far. Perhaps Mr. McCrum will have some solid proof to show once the case heads to trial. But, for now, Texas voters should be more furious at Mr. Perry for refusing to expand Medicaid, and for all the favors he has done for big donors, than for a budget veto.