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Perry dismissal motion calls indictment political and law vague
By Peggy Fikac | August 25, 2014 | Updated: August 25, 2014 11:59am
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Photo By HOPDGov. Rick Perry was booked Tuesday in Austin on two felony indictments of abuse of power.
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Photo By David Saleh Rauf/San Antonio Express-NewsRick Perry address the media and supporters at the Travis County Courthouse, where he turned himself in following a felony indictment for abuse of power. (Photo via twitter.com/davidSrauf)
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Photo By CHERYL SENTER/New York TimesTexas Gov. Rick Perry speaks to reporters about his border control statements after a luncheon in Portsmouth, N.H., Aug. 22, 2014. After warning on Thursday that militants from the Islamic State group and other terrorist groups may have already slipped across the Mexican border, Perry visited the early voting state on Friday, attending several events. -
Photo By Doug Mills / New York TimesTexas Gov. Rick Perry leaves the room after speaking at the Heritage Foundation in Washington. While addressing the conservative think tank, Perry spoke of immigration issues and brought up the subject of his indictment. -
Photo By Eric Gay/APTexas Gov. Rick Perry talks with media and supporters at the Blackwell Thurman Criminal Justice Center after he was booked, Tuesday, Aug. 19, 2014, in Austin, Texas. Perry was indicted last week on charges of coercion and official oppression for publicly promising to veto $7.5 million for the state public integrity unit run. -
Photo By BloombergGov. Rick Perry did nothing to deserve the two-count indictment handed down against him. Texas Democrats absurdly called on him to resign.
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Photo By Jay Janner/Associated PressTexas Gov. Rick Perry, middle, is booked at the Blackwell-Thurman Criminal Justice Center in Austin, Texas, for two felony indictments of abuse of power on Tuesday, Aug. 19, 2014, in Austin, Texas. (AP Photo/Austin American-Statesman, Jay Janner) -
Photo By Mengwen Cao/The Associated PressGov. Rick Perry's indictment on two felony charges Friday set off a maelstrom of reactions from elected officials and political insiders. Scroll through the slideshow to see what Republicans and Democrats had to say about the charges. -
Photo By Mengwen Cao/Associated PressGov. Rick Perry: “We don't settle political differences with indictments in this country,” Perry said at a Capitol news conference on Saturday. “This indictment amounts to nothing more than abuse of power, and I cannot and I will not allow that to happen.” -
Photo By Kin Man Hui / San Antonio Express-NewsU.S. Sen. Ted Cruz, R-Texas:“Unfortunately, there has been a sad history of the Travis County District Attorney’s Office engaging in politically-motivated prosecutions, and this latest indictment of the governor is extremely questionable,” Cruz said in a Facebook post.“Rick Perry is a friend, he’s a man of integrity – I am proud to stand with Rick Perry. The Texas Constitution gives the governor the power to veto legislation, and a criminal indictment predicated on the exercise of his constitutional authority is, on its face, highly suspect.”Pictured, during his address at the RedState Gathering, Sen. Ted Cruz said conservatives are near victory in big fights like Obamacare and immigration. -
Photo By AFormer Florida Gov. Jeb Bush:"The indictment of @GovernorPerry seems politically motivated and ridiculous. Major overreach and an encroachment on his veto authority," Bush tweeted.Florida Gov. Jeb Bush speaks at the George Bush Presidential Conference Center Friday, Jan. 18, 2002, in College Station, Texas. (Bryan-College Station Eagle, Butch Ireland) -
Photo By Helen L. Montoya / San Antonio Express-NewsGeorge P. Bush, Republican candidate for Texas Land Commissioner and son of former Florida Gov. Jeb Bush:"Let's come together and #StandWithRickPerry to continue building our #texasmiracle," Bush tweeted. -
Photo By Molly Riley/Associated PressLouisiana Gov. Bobby Jindal:"The lawsuit against @GovernorPerry is a blatant misuse of the judicial system by liberal activists who couldn’t defeat him at the polls," Jindal tweeted. "@GovernorPerry exercised his constitutional authority and this circus is simply a political witch-hunt. I stand behind @GovernorPerry in his fight for honest government and I am certain he will prevail in this partisan suit."Pictured, Louisiana Gov. Bobby Jindal delivers the keynote address during Faith and Freedom Coalition's Road to Majority event in Washington, Saturday, June 21, 2014. (AP Photo/Molly Riley) -
Photo By BOB OWEN/San Antonio Express-NewsFormer U.S. Sen. Rick Santorum, R-Pennsylvania:"I #StandWithRickPerry against the Dem-controlled Travis Co TX DA's office which has a reputation for malicious prosecution of Republicans," Santorum tweeted.Pictured, former U.S. Sen. Rick Santorum, Republican from Pennsylvania, speaks at a luncheon sponsored by radio station KLUP at the Pearl Stable, Friday, May 30, 2014. -
Photo By Karen Warren/Houston ChronicleOutgoing Lt. Gov. David Dewhurst:“I’m disappointed with Travis County’s attempts to criminalize state politics," Dewhurst said. "As I understand the facts, Governor Perry’s acts were consistent with what any House or Senate Finance Chair would do to get the attention of a state agency.” -
Photo By San Antonio Express-News file photoTexas House Speaker Joe Straus:“The Texas Constitution gives the Governor clear veto authority, which the Legislature respects even when we disagree with some vetoes," Straus said. "That authority plays an important role in our system of government.” -
Photo By Eric Gay/Associated PressTexas Republican Party Chairman Steve Munisteri:“I think most reasonable people would come to the conclusion that it’s political in nature. I think most people would feel it’s not inappropriate to exercise a governor’s pergoative to not appropriate funds to a governmental authority that’s had a government official that’s conduced themselves in a way that gives the governor pause.” Munisteri said. “He has about a year and a half to the Iowa caucuses, so certainly this needs to be resolved before that.” Most Republican voters “will feel as I do – that this was politically motivated. This is not about somebody charged with taking a bribe … misusing government property. This is about a governor who said he didn’t want to agree to appropriations for a public official who had admittedly committed a crime.” “I don’t think anybody will think twice about it. Obviously, though, it’ll impact him if it hasn’t gone to trial or resolved prior to the 2016 season kicking into high gear. I think from his point of view he wants the quickest trial as possible.” -
Photo By SAN ANTONIO EXPRESS-NEWSGreg Abbott, Texas Attorney General and Republican gubernatorial candidate:Appearing on Fox News to discuss Texas’ border enforcement surge on Saturday, Abbott said he had not looked at the Friday indictment but said he questioned how Perry could be indicted for “using his veto . . . vetoing a law and exercising how power.”“I don’t know what to think of it,” Abbott said.Pictured, Abbott discusses his education policies while visiting the Toyota plant on Monday May 12, 2014. -
Photo By Ralph Barrera / Austin American-StatesmanWendy Davis, Democratic gubernatorial candidate:Speaking with reporters before a block walk in Plfugerville on Saturday, Davis reiterated her statement Friday that she was troubled by the charges against Perry.Asked whether Perry should step down, Davis told reporters: “As I said, there will be, I’m sure, more information that comes to light. I trust that the justice system will do its job, and these indictments handed down by the grand jury demonstrate that some very seriously potential crimes have been committed.” That puts her at odds with the state Democratic Party, which said the governor should resign shortly after the indictment was revealed. -
Photo By Tom Reel/San Antonio Express-NewsCongressman Joaquin Castro:Castro tweeted, "For the sake of Texas, Governor Perry should resign following his indictment on two criminal felony counts involving abuse of office."Pictured, Castro chats in the lobby as Housing and Urban Development Secretary Julian Castro readies to speak at the National Association of Hispanic Journalists convention at the Marriott Rivercenter on August 9, 2014. -
Photo By Jerry Lara/San Antonio Express-NewsTexas Democratic Party Chairman Gilberto Hinojosa:“Governor Rick Perry has brought dishonor to his office, his family and the state of Texas. Texans deserve to have leaders that stand up for what is right and work to help families across Texas. The indictment today shows a failure of Governor Perry to follow the law," Hinojosa said. "This is systematic of a broader problem: Ken Paxton is facing a possible indictment and Attorney General Abbott has refused to rule on whether Governor Perry can use taxpayer dollars to cover his legal expenses. We call on Governor Perry to immediately step down from office. Texans deserve real leadership and this is unbecoming of our Governor.”Pictured, Newly-elected Texas State Democratic Chairman Gilberto Hinojosa meets with members of the Bexar County Young Democrats at Madhatters Tea House & Cafe, Wednesday, June 27, 2012. -
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Photo By APDavid Axelrod, former senior White House adviser to President Barack Obama:"Unless he was demonstrably trying to scrap the ethics unit for other than his stated reason, Perry indictment seems pretty sketchy," Axelrod tweeted.This Jan. 28, 2011 file photo shows David Axelrod, outgoing senior White House adviser to President Barack Obama, during an interview with the Associated Press at the White House. Axelrod, who is a former political reporter for The Chicago Tribune, has known the president since the early 1990s and was a driving force behind Obama's message of change during the 2008 campaign. He is a calming influence on the Obama 2012 campaign team and has helped focus on middle-class voters. -
Jim Messina, former campaign manager for President Barack Obama:"Here's to suddenly loving the Texas legal process: Rick Perry indicted," Messina tweeted.Pictured, President Barack Obama's campaign manager Jim Messina tours the floor at the Democratic National Convention in Charlotte, N.C., on Monday, Sept. 3, 2012. (AP Photo/Charles Dharapak) (Charles Dharapak / Associated Press) -
Grand Jury indicts @GovernorPerry on criminal charges. Demand Rick Perry step down NOW: http://t.co/LJ3AXOOcRC pic.twitter.com/2YBtMPqlB8
— Texas Democrats (@TXDemParty) August 15, 2014 -
Photo By Lisa Krantz/San Antonio Express-NewsCNN political analyst Paul Begala:Begala tweeted: "Thought bubble as @GovernorPerry goes for his mug shot: "Do these glasses make me look innocent?"Pictured, Begala, of Washington, D.C. via Austin, talks with Mayor Julian Castro, right, and Joaquin Castro, center, the morning after his keynote speech at CNN Grill during the Democratic National Convention in Charlotte, NC on Wednesday, Sept. 5, 2012. -
Photo By Courtesy photoMichael Quinn Sullivan, president of the conservative Texans for Fiscal Responsibility:Sullivan tweeted, "Malicious prosecution to silence conservatives is newest weapon of the establishment nationally and, sadly, in Texas. #StandWithRickPerry" -
The grand jury decided Perry's bullying crossed the line into law breaking. Any gov under felony indictment should consider stepping aside.
— TexansPublicJustice (@TxPublicJustice) August 15, 2014 -
Photo By San Antonio Express-NewsGriffin Perry, son of Rick and Anita Perry:"Two pieces of wisdom: 1/2 Proverbs 18:17 In a lawsuit the first to speak seems right, until someone comes forward and cross-examines," Griffin Perry tweeted.Pictured, Texas Gov. Rick Perry holds his new granddaughter Ella Gray Perry, as his son Griffin, right, Ella Gray's father stands close by.
AUSTIN - Gov. Rick Perry's lawyers filed a motion Monday to bar prosecution of the governor "on multiple constitutional grounds."
Perry faces a felony indictment accusing him of abusing his veto power to try to force the ouster of the Travis County district attorney after her drunken driving arrest.
The writ of habeas corpus seeks to dismiss the indictment against Perry and to bar any further prosecution.
It contains the theme pushed by the Republican governor and his team that his prosecution is a political one. That idea that has been rebuffed by the special prosecutor, San Antonio lawyer Michael McCrum.
The filing cites the constitutional separation of powers among the branches of government and Perry's free-speech rights.
"Subjecting any sitting governor to a criminal prosecution and injecting the judiciary into a political dispute would be an unprecedented assault on this cherished separation of powers
and impose an intolerable and incalculable chilling effect on the free exercise of legitimate constitutional powers by future governors," it said.
It said that the prosecution violates Perry's free-speech rights by "seeking to criminalize not merely the veto itself but the governor's explanation for it, as well."
"These violations are contrary both to Texas' commitment to open, transparent government and to the people's right to be fully informed about their governor's (thought) processes in fulfilling one of his core governing duties," it said.
The filing also complains about the laws used in Perry's indictment.
The case against Perry involves his threat last year to veto funding for a public corruption unit overseen by Democratic Travis County District Attorney Rosemary Lehmberg unless she resigned in the wake of a messy drunken-driving arrest and guilty plea.
Lehmberg served time but stayed in office. The Republican governor vetoed the money for the unit, saying Lehmberg had lost the public's confidence.
Texans for Public Justice, a liberal government accountability group, filed a criminal complaint. It didn't question Perry's right to veto the funding, but said the governor was wrong to use his power to try to force out a locally elected official.
A grand jury indicted Perry on Aug. 15 on two counts: abuse of official capacity, a first-degree felony punishable by five to 99 years in prison; and coercion of a public servant, a third-degree felony carrying a punishment of two to 10 years in prison.
The writ filed by Perry's lawyers said the coercion measure is "fatally vague and overbroad" and fails "to give reasonable notice to any official about what is permissible conduct on the one hand and what is felonious conduct on the other."
The filing said both measures "are vague and overbroad as applied to this case."
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