Law specialist says South Texas DA doesn't have jurisdiction over federal officials

A constitutional law specialist says that Willacy County District Attorney Juan Angel Guerra has no jurisdiction over federal officials or federally run buildings.

Guerra presented charges against Vice President Dick Cheney, former Attorney General Alberto Gonzalez, and state Sen. Eddie Lucio, Jr. (D-Brownsville) on Tuesday, indicting them for various activity related to the alleged abuse of prisoners in federal detention centers in the South Texas county.

But according to at least one legal source, it’s questionable whether the lame-duck DA has the standing to make the indictments hold. The district’s presiding judge has yet to sign off on any of the indictments.

"You can’t have district attorneys across the country bringing charges against federal officials,” T. Gerald Treece, a constitutional law specialist and professor at the South Texas College of Law, told The Associated Press. “If there are issues at the federal detention centers, then Guerra should turn the investigation over to the federal government.”

Cheney was accused of a conflict of interest because of his $85 million investment in the Vanguard Group, which owns private prison companies. The indictment says that the more the prison companies were paid to hold inmates, the better Cheney did financially.

Meanwhile, Gonzalez was accused of stopping an investigation into abuses at the facility.

According to Treece, even in a federal investigation, both Cheney and Gonzalez would have a “qualified privilege” that would protect them if they could show they were acting within their jobs.

More developments in the case are expected later this afternoon. An attorney for Lucio, accused of using his political position to profit from consulting for the private prison companies, said he will file a motion to the presiding judge to dismiss the case.

Administrative Judge Manuel Banales will hear arguments from all sides at a 3 p.m. hearing today in Raymondville before likely deciding whether to sign off on the indictments.