Prof. Hasen runs what is probably the most-visited blog on political law, the Election Law Blog. Politically, he’s not friend of Rick Perry. Here is an excerpt from his take on the indictment:
Perry joins the list of other politicians prosecuted under controversial or dubious theories, including Tom DeLay, John Edwards, Scott Walker, Don Siegelman, and Ted Stevens. Some go to jail; some don’t. Some get convicted by juries; some don’t. Some have their prosecutions overturned on appeal; some don’t.
The common thread here is the criminalization of politics.
I agree, and I said the same thing about the John Edwards prosecution at the time. Although I admit that in that case, I had to fight the instinct for schadenfreude as I watched a liberal politician fall victim to an aggressive campaign finance-based investigation after he had benefited from what liberal campagin finance reformers would surely have called an illegal in-kind contribution if it had been anyone other than a liberal democrat.
Prof. Hasen’s piece also points to a post by Prof. Eugene Volokh, criticizing the soundness of the indictment.