Larry Kudlow

The so-called "abuse of power" indictment of Texas governor Rick Perry is not only not going to hurt him in the 2016 GOP sweepstakes, it might actually help him. I say that because Perry immediately fired back at the charges with no hesitation, labeling the indictment the partisan political ploy that it really is. And in terms of threatening to veto legislation that would have funded the state's Public Integrity Unit, run by Travis County district attorney Rosemary Lehmberg, Perry held his Texas constitutional ground. In a number of TV appearances, Perry not only said that he was legally authorized to defund the DA, but that he would do it all over again if he had the chance.

As John Fund has written on National Review's website, there's a whole history of the liberal Travis County DA's office trying unsuccessfully to criminalize politics with grand-jury indictments. None of it has worked before, and it's highly unlikely that it's going to work again. Even liberals like David Axelrod, Jonathan Turley, and Alan Dershowitz have essentially said that the DA has virtually no case. Kind of reminds us of the phony Democratic DA charges leveled at Wisconsin governor Scott Walker.

If you followed this logic through in Washington, the Republicans would launch impeachment trials every time they disagreed with President Obama. And that would be a very bad idea. It would subvert the Constitution, just like in Texas.

It's okay to have policy disagreements. But it's not okay to criminalize them. Policies are decided by elections, legislatures, and chief executives. Not by grand juries.

Basically, Rick Perry argued that DA Lehmberg should resign from her office because of a DWI arrest, where she had three times the legal limit of alcohol in her system. She also made a ruckus during her arrest and eventually served some time in the pokey. Perry says that disqualifies her from her high office. Democrats say it doesn't. Okay, fine. Slug it out at the ballot box.


Larry Kudlow

Lawrence Kudlow is host of CNBC’s “The Kudlow Report,” which airs nightly from 7 p.m. to 8 p.m.