Harris County Judge Ed Emmett on Wednesday asked for an independent investigation into allegations of impropriety against District Attorney Chuck Rosenthal. Emmett said he believes Rosenthal should resign immediately.

“If I had the ability to fire him today, yes I would,” Emmett said.

Emmett said Harris County Attorney Mike Stafford has asked for the state attorney general’s help to investigate Rosenthal’s actions.

“I request your assistance in fully investigating all aspects of Mr. Rosenthal’s actions,” Stafford said in a letter to the attorney general’s office. “My office is available to provide to you all information which we have to begin your investigation.”

Emmett said that for the sake of the office of the district attorney and the county, the simplest solution would be for Rosenthal to step down.

“I am not a lawyer, so I don’t pretend to give any kind of legal advice.  Mr. Rosenthal has admitted to great errors in judgement,” he said. “If it were me, I would clearly resign at this point. That’s Mr. Rosenthal’s decision. I think for the sake of the county that would be the right thing to do.”

Emmett said that since the district attorney is an agent of the state, he cannot be removed by the county judge or commissioner’s court.

He said the county attorney would be the office responsible for investigating or prosecuting Rosenthal. But in this case, the county attorney is representing the district attorney in the underlying case that brought about the e-mail revelations in the first place.

For that reason, Emmett said, there’s a conflict of interest.

The move comes after scores of scandalous e-mails from the DA were uncovered by 11 News.

First, there were intimate e-mails to his executive secretary. Then 11 News obtained hundreds of other Chuck Rosenthal e-mails, some that are racially and sexually charged.

Of the 800 e-mails and attachments 11 News received, six files from Chuck Rosenthal's computer contained nudity and hard-core pornography.

It's unclear who sent some of them and whether the district attorney forwarded them and to whom.

The documents do indicate the sender of one video file: It’s from a Web site showing unsuspecting women getting their clothes ripped off on public streets. The sender was Dr. Sam Siegler, Rosenthal's personal physician, friend and the husband of Assistant District Attorney Kelly Siegler. She is now a Republican candidate for district attorney.

“I didn't intend for it to be offensive. I didn't e-mail anybody that I thought would be offended by it,” Dr. Siegler told 11 News.

But other e-mails in the district attorney’s office provide a glimpse of a possible ongoing attitude taken towards women.

An e-mail from division chief Joe Owmby to general counsel Scott Durfee says, "we need to include some hot interns.”

“Pornography is not illegal in this country. But for a district attorney, a law enforcement agent, to have that on his office machine, suggests to me that this is not only inappropriate, grossly insensitive and raises real questions as to whether or not he’s fit to hold this office,” said 11 News political expert Bob Stein.

Federal court records/11 News Defenders

This e-mail photo was recovered from Harris County District Attorney Chuck Rosenthal's computer. Titled "Fatal Overdose," it depicts a black man lying on a sidewalk, surrounded by half-eaten pieces of watermelon and an empty fried chicken bucket.

But political and legal experts tell us the potentially most damaging e-mails deal with Rosenthal's political campaign activities on county equipment and time.

Take his campaign Web site. It's designed and run by a county employee, who also happens to run the district attorney office's IT department.

In an afternoon e-mail to that IT director, Rosenthal writes, "How much do I owe ya'all for keeping my campaign website up?"

Another example: An e-mailed note from Rosenthal meant to ask people if they "would be interested in purchasing "Re-Elect Chuck Rosenthal" children campaign T-shirts for those "little voters to be."

There are also numerous other exchanges with county employees about Rosenthal's re-election barbecue fundraiser. All were sent from county e-mail addresses and the vast majority, during normal county business hours.

Harris County District Attorney's office

Chuck Rosenthal

All of which is a major no-no, said Stein.

“Clearly Rosenthal not only went across that line, he went across that line by a full football field, using personnel, using equipment,” he said.

From the political, to the racial: In an e-mail Rosenthal forwarded to his friend Dr. Siegler, it describes Bill Clinton as the closest thing to having a black man as president, because, “He played the sax…,” “He smoked weed,” and “He had his way with ugly white women.”

It also said he doesn't work, but still gets a government check every month.

And finally there is an e-mailed photo found on Rosenthal’s county computer. It is of an African-American man lying on his back on a sidewalk and seemingly unconscious. He is surrounded on one side by watermelon, that has clearly been eaten, and an empty fried chicken bucket on the other. The photo’s sender is unknown, but it does have a title with it: “Fatal Overdose.”

Chuck Rosenthal declined to comment, citing advice from his personal attorney. We tried, but were unable to reach the District Attorney’s General Counsel Scott Durfee or Assistant District Attorney Joe Owmby for comment.

If Rosenthal does step down, Governor Perry would appoint someone to fill the position until the first of the year.

If he doesn’t, the attorney general may take its findings to a district judge, who may or may not find grounds to remove him.