rosemary lindbergh is impossible to defend here. the problem here is that the governor is accused of coercing her and using a power that was his, the power of the budget and the veto pen to say if you don't quit i'm going to veto this. she is an elect official and not in a state agency, a travis county prosecutor. she's an elected official. she pled guilty. she did jail time. she survived a civil lawsuit to remove her. and she also said she wouldn't run again. that is how she has dealt with this. then perry comes in and says, you know, if you don't quit i'm going to take this fund away from your office. it wasn't her prosecutor, it was a special prosecutor. the prosecution says he can't use that veto in that way. he can't use that to make another elected official do something that the proper course for that would have been to pursue some impeachment or other mechanism. it's not that perry did a veto. it's that he did a threat. that's where this thing hinges. >> they are talking about -- yeah, this has to, because if you look at the

this was not rosemary lindbergh's district attorney's office that is prosecuting this.s is a special prosecutor named by a republican judge and has many republican ties who is prosecuting this. so there is that, and in addition, it's not the veto threat that is part of this indictment. everybody has a veto threat. it's that he said unless rosemary lindbergh does something, unless he resigns her office which is supposedly the coercion part of this, that he will veto it then. he's mandating she leave her job in order to receive funding. >> again, to me that's politics. >> throw lbj in jail. >>> still ahead, more from ferguson including more incredible sound from when the curfew was announced yesterday. >>> first, we know they're trying, trying for a long time. will republicans be able to bring african-americans back into their fold? interesting conversation on that. stay with us. who's more excited about back to school savings at staples? the moms? or the dads? with guaranteed low prices on sharpies, it's definitely the dads. staples. make more happen for less. >>> it's t

rosemary lindbergh was busted for a dui in 2013.n't and he allegedly followed through with this threat to withhold up yards of $7 million from a unit she was running. the charges, coercion of a public servant and abuse of power and because he is indicted, our affiliate says he is going to be booked, fingerprinted and is going to take a mug shot just like everyone else. his lawyers, the defense council for perry, they're saying this is pure politics. want to read a statement here they said to cnn. we will continue to aggressively defend the governor's lawful and constitutional action and believe we will ultimately prevail. so, saying this is just all politic. they don't believe it has foundation whatsoever. >> 3:00 eastern time, the governor will for the first time address this himself, stepping before the cameras there. how much of this is in large part because of his potential run for presidency that he would come out so quickly as opposed to allowing a few days to pass? >> it's a good move on his part at least in pr sense. that qu

a prosecutor in the case says he wanted travis county district attorney, rosemary lindbergh to resignys he plans on beating the charges. >> i intend to fight against those who would erode our state's constitution and laws purely for political purposes. and i intend to win. >> governor perry can continue to serve as governor of texas while under indict. if convicted of both -- indictment. if convicted, he could face over 100 years in prison and $20,000 in fines. >>> a utah woman is in the hospital after drinking sweet tea mixed with industrial cleaner. the accident happened in utah. large quantities of "clean force fryer cleaner" was mixed into the sweet tea dispenser. it doesn't appear it was added on purpose. >> the store manager or the employee put 6 cups of this white powder substance into the iced tea mixer and stirred it up, thinking that perhaps that was sugar. >> the police department and the salt lake county health department are investigating how this could happen. the franchise owner says they are fully cooperating with the police investigation. >>> the united states launchi

he made a statement that this person, rosemary lindbergh does not have the character to oversee a public integrity unit. it's being called the no integrity unit. and not only that, she had a zero tolerance policy for dwi's amongst her staff. so for that alone she should have resigned in all good conscience, and rick perry stated that, and then he stated i'm going to protect taxpayers' money that to this office and not put it in this office as long as someone of her character is heading the office. david: now the question is does, all this blow back on the democratic party rather than on rick perry? yes, he will always have the stamp next to his name, but on the other hand, even people we mentioned the "washington post," the "new york times," lanny davis, a democrat, former special counsel to president bill clinton. this is what he said. he said the indictment is a perversion of the criminal justice system, a classic case of prosecutorial abuse. i'm wondering will all this come down hard or the democrats than on perry in the long run? >> well, i hope so. because those very people that are

>> well it's political because the investigation was initiate by rosemary lindbergh, this rogue d.a.uns this office, public integrity unit in austin, texas. she initiated the investigation. they appointed a new judge, one judge recused herself and then they appointed another judge. the crux of whether it's politics or not, look at the law. i'm not a lawyer, but it happened to me too. they want the indictment. then they find the law and twist it. they are using it in rick perry's case -- >> the point is those who are doing -- the prosecutor who brought the indictment is not a democrat and has ties to republicans. i'm wondering why that -- >> that's not true. >> go ahead. >> candy, that's not true. he has ties to obama. he has ties to the democrats. >> and he has ties to republicans. yes? >> well, yeah, but that has nothing to do with this. what has to do with this is you take a law and twist it so you can get the indictment. that is prosecutorial misconduct whether you're a republican or democrat. this prosecutor was appointed to make this investigation. i don't know what went on behi

the case centers around the county district attorney rosemary lindbergh who was convicted of drunk drichingyear. prosecutors say perry carried out a threat to veto her budget even if her office was investigating him. they have charged him with abuse of power and coercion of public official. perry calls it an ataking on the state constitution. >> i'm going fight this injustice with every fiber of my being. and we will prevail. >>reporter: governor perry will be arraigned on friday then he will head to new hampshire to stump for republican candidates and test the waters for possibly another presidential run. >>> coming up here next. new super hero movie in the work and shot in san francisco. tonight take a look at w i love having a free checked bag. with my united mileageplus explorer card. i have saved $75 in checked bag fees. priority boarding is really important to us. you can just get on the plane and relax. i love to travel, no foreign transaction fees means real savings. we can go to any country and spend money the way we would in the u.s. when i spend money on this card i can see brazi

a woman named rosemary lindbergh had been sentenced for driving while intoxicated.ed calls for r resignation and perry said she was unfit to hold her office one of perry's lawyers said the governor had a right to issue the veto as he saw fit. the statement is, quote, this clearly represents political abuse of the court system and there is no legal basis in this decision. today's action which violates the separation of powers outlined in the texas constitution is nothing more than an effort to weaken the constitutional authority granted to the office of texas governor and sets a dangerous precedent by allowing a grand jury to punish the exercise of a lawful and constitutional authority afforded to the texas governor. just two months ago nbc's casey hunt asked governor perry about the investigation being pursued against him. >> you are facing a probe in to what happened with the office of public integrity in travis county. did you or anyone on your staff commit a crime when that occurred? >> no. we -- i've been the governor for coming on 14 years, 7 legislative sessio

suspected drunk was none other than the travis county district attorney, a very belligerent rosemary lindbergh. >> 1,003. he is trying to keep you from tripping over. you don't need to slap his hands away. >> the county's top prosecutor was really drunk, failed to walk the line. >> but i have a bad back, and it hurts, and i'm fine. >> you're falling backwards. we don't want you the fall over. >> i'm not going to fall. >> reporter: had a blood alcohol level almost three times the legal limit, and verbally assaulted, even threatened the arresting officers. >> stop. >> you stop. think i'm going to hurt you? >> reporter: jailers strapped her down in a chair and put a spit hood on her. >> take this stupid thing off my head. >> reporter: former travis county assistant district attorney rick reed, along with many others saw this video. >> give me my phone! >> reporter: and demanded his former boss step down. >> no. i'm not drunk. y'all have just ruin mid career. >> she attempted to bully these sheriff's deputies into either releasing her or calling the sheriff himself so that she could avoid these ch

he added that the indictment, itself, was an abuse of power and challenged the character of rosemary lindberghe travis county district attorney who was charged with a dwi and refused to resign. if convicted of even one count father could face up to 99 years in prison. the prosecutor in the case spoke more about the specific charges. >> the grand jury has spoken at least there is probable cause to believe he committed two crimes, two felon crimes. for count one, it's a 5 to 99 years in prison. and for count 2, it's two to 10 years in prison. i looked at the law. i looked at the facts, and i presented everything possible to the grand jury. >> this is a very involved case. let's take a look at the timeline of events that led up to perry's indictment. travis county district attorney rosemary lyndberg is arrested for driving while intoxicated. a petition is filed to remove her from. at the same time, she please guilty to that dwi and is sentenced 30 to 45 days in jail. the austin american statesman reports that governor perry was pushing for her resignation and threatening to veto funds to her publ

he wanted rosemary lindbergh to resign after her arrest for drunk driving.ors charged perry with abusing his official capacity and coercing a public servant. >> i intend to fight against those who would erode our state's constitution and laws purely for political purposes and i intend to win. >> perry says based on the drunk driving charges against lindbergh, he was exercising his discretion with his veto. perry's critics note her office was investigating one of his projects and questions had surfaced regarding money given to one of perry's allies. >>> late actor and comedian robin williams is being honored with a two-day film festival. the festival features some of williams' best work including mrs. doubtfire, the bird cage and good morning vietnam. the movies are playing on 11th and harrison in san francisco. people say the festival is a great way to honor the hollywood star who called the bay area home. >> watching this san francisco movie, great classic film right here, bring me back to my childhood. >> the festival continues today from noon to 6:00. the

it's all about the district down in austin, a woman maimed rosemary lindbergh. she was arrested for drunk driving. the governor wanted her to step down from her position. she wouldn't and he revoted funding for her office. heather: the pentagon scrambling together intelligence after an american journalist behead. that helps supplement good bacteria found in two parts of your digestive tract. i'm doubly impressed! phillips' digestive health. a daily probiotic. bill: good morning, everybody, 10:00 here in new york. a horrific video showing isis terrorists beheading an american journalist. an international investigation underway. u.s. intel working to verify the authenticity of the video and apparent execution of james foley. for now there is no reason to think it is a fake. welcome to brand new hour of "america's newsroom." i'm bill hemmer. martha is out today. how are you doing, heather. heather: nice to be here. i'm heather childers in for martha. the man has a british act end. he could be one of many brits to fight with islamists in syria. much intelligence age

her name is rosemary lindbergh.trict on for travis county, which is austin, the state's capital. in 2013 she was pulled over for drunk driving. officers found and open bottle in her car and you can see from the jailhouse video she was uncooperative from police and had to eventually be restrained. after that she refused to step down despite growing call from the public and lawmakers for her to do so. governor perry was among those who demanded her resignation. when she wouldn't do that governor perry vetoed funding for an agent $i that she ran. >> i did what he governor has done for decade which is make a decision whether it was the proper use of state money to go to that agency and i vetoed it. >> reporter: a veto he's still standing by. he called this highly political. of course, he is a republic cap, this particular dewpoint a. is a democrat. ther. martha: rothers are calling for perry to step down. >> reporter: of course immediately following this news, it's not of day a governor has a felony grand jury indictmen

. >> the felony indictment stems from the arrest of this woman, texas district attorney rosemary lindber lindbergh. >> last year she was arrested for drunk driving. she had an open bottle of vodka and blood content was more than three times the legal limit. governor perry called for lindbergh to step down. she didn't. they had funding for a program her office oversees. >> i stood up for the rule of law in the state of texas. if i had to do it again i would make exactly the same decision. >> the prosecutor called it an abuse of power. >> it was about the intimidation before the veto. >> the charges prompted an outpouring of opposition from some who say the case against perry is weak. >> democrats in the state legislature did nothing about it didn't try to over ride the veto speaks to what the problem is here. no arrest warrant has been issued he can travel and freely something he plans to do to visit three major primary states over the books over the next two weeks. >> casey stegall, thank you. >> the time 27 minutes after the top of the hour. michael brown claims the autopsy is proof he was shot i