Rick Perry’s lawyers file 60-page motion to dismiss case [View all]
By Chuck Lindell and Tony Plohetski
American-Statesman Staff
The two-count indictment against Gov. Rick Perry defies common sense and should be dismissed “immediately if not sooner” as a violation of the U.S. and Texas constitutions, Perry’s legal team told the trial judge Monday.
The wide-ranging attack argued that Perry’s criminal charges were based on state laws that are unconstitutional or, at the very least, were misinterpreted — constituting an improper attempt to criminalize politics and limit gubernatorial power in “intolerable and incalculable” ways.
“Continued prosecution of Governor Perry on the current indictment is unprecedented, insupportable and simply impermissible,” said the 60-page filing by defense lawyer David Botsford.
The charges, stemming from Perry’s veto last year of state money for the Travis County district attorney’s office, also violate the Texas Constitution’s separation-of-powers clause by improperly inserting the courts into the functions of the executive and legislative branches, the petition said.
http://www.statesman.com/news/news/rick-perrys-lawyers-file-60-page-motion-to-dismiss/ng8WP/
Interactive timeline: Rick Perry indicted
http://www.statesman.com/s/news/state-regional-govt-politics/rick-perry-indictment/
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