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Gov. Perry Loses Bid to Have Abuse of Power Case Tossed

Image: Gov. Perry Loses Bid to Have Abuse of Power Case Tossed
(Pool/Reuters/Landov)

Wednesday, 19 Nov 2014 10:47 AM

Potential presidential contender Rick Perry was dealt a new blow on Tuesday in his fight to have an abuse of powers indictment dismissed when a Texas judge refused to throw out the case on technicalities.

The outgoing governor's defense team had applied to have the two federal charges tossed out while arguing that the special prosecutor, Michael McCrum, was improperly sworn in and that some paperwork had been wrongly filed, according to Houston’s ABC13 Eyewitness News.

But in a written ruling, District Judge Bert Richardson, a Republican like Perry, said that McCrum's authority "was not voided by procedural irregularities."

In August, Perry was indicted by a grand jury in Travis County with abuse of official capacity, a first-degree felony, and coercion of a public official, a third-degree felony.

The case stemmed from an investigation last year after Perry had vetoed $7.5 million in funding for the integrity unit of the Travis County District Attorney's office. His action was seen as an attempt to force out the county’s district attorney, Rosemary Lehmberg, a Democrat, after she had pleaded guilty to drunken driving.

But Perry, who did not seek re-election, has called the indictment a political witch-hunt by Democrats and an attempt to embarrass him ahead of an expected run for the White House in 2016.

Perry’s legal team is also hoping to have the controversial case dismissed on constitutional grounds, with a 28-page brief filed Monday stating that his actions were protected by the powers of his office.

"This invalid prosecution cannot go to trial not because Governor Perry is above the law, but because everything he is accused of this case is absolutely protected," the brief said.

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Potential presidential contender Rick Perry was dealt a new blow on Tuesday in his fight to have an abuse of powers indictment dismissed when a Texas judge refused to throw out the case on technicalities.
Rick Perry, case, judge, tossed, governor
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2014-47-19
Wednesday, 19 Nov 2014 10:47 AM
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