Well, what fun is that? Many were hoping to munch popcorn and see Rick Perry’s attorneys spend the next few months ripping Travis County DA Rosemary Lehmberg to shreds over her blatantly political effort to get the Texas governor indicted for cutting off her funding. Accusing Perry of being drunk with power is rather amusing, under the circumstances, but apparently Perry has better things to do with his time:

Zitat

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The writ claims the charges of abuse of power and coercion filed against Perry are unconstitutional and that Perry was simply exercising his constitutional veto powers when he vetoed funding for the Public Integrity Unit last summer.

“By seeking to criminalize not merely the veto itself, but the Governor’s explanation for it as well, this prosecution also violates the Governor’s rights under Free Speech Clauses of the United States and Texas Constitution…” the writ says in part.

The writ also says the indictment violates the constitutional separation of powers and the speech or debate clause in the Texas Constitution.

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Note that this is not a motion seeking to quash the indictment, but for the court to rule in essence that there is no there there by dismissing the entire case with prejudice. As the page count indicates — sixty in all — Perry’s attorneys are bringing the kitchen-sink approach to the motion. It specifies in detail all of the ways in which the two counts violate the Texas constitution, the First Amendment, and the separation of powers. The veto acts as a check on legislative power, and nothing in the constitution or case law allows for the judiciary to become an arbiter on the exercise of that power, according to the motion.

SNIP-

Read more:http://hotair.com/archives/2014/08/25/pe...out-indictment/