Prosecutors handling the felony abuse-of-office case against Texas Gov. Rick Perry say the governor should not be privy to the grand jury transcript because Perry might retaliate against those who testified,
according to Bloomberg.
"The defendant's own words have instilled a concern for all persons who participated in the grand jury investigation," wrote Special Prosecutor Michael McCrum, referencing a statement Perry made after his Aug. 15 indictment.
Perry's defense team has requested a copy of the grand jury transcripts.
Perry is charged with two counts of abusing his office for threatening to veto $7.5 million in funding for the Travis County Public Integrity Unit. He vetoed the money after Travis County District Attorney Rosemary Lehmberg refused to resign following a 2013 guilty plea to drunken driving.
The arrest of Lehmberg, a Democrat, was captured on police video where she cursed, argued with, and threatened law enforcement.
The day after Perry's indictment, he held a press conference during which he vowed to hold those accountable for "this farce of a prosecution."
"This comment struck many listeners as a threat against the members of the grand jury and all of those associated with the grand jury process," McCrum said. "The state has a good-faith basis to protect witnesses who appeared before the grand jury, who would similarly be in the category of those who would be 'held accountable' by the governor."
Perry's lawyers argued to the judge that the grand jury transcript is necessary to prove the panel was made privy to private discussions the governor had with his staff about the veto, something that is protected from prosecution by the "speech and debate" clauses of both federal and state law,
according to the Texas Tribune.
Prosecutors say those clauses apply only to the legislative branch, not the executive, according to the Tribune.
"Unlike members of the Legislature who must speak in order to exert their constitutional power, a governor is not compelled to utter a single word," wrote the prosecution.
Perry, 64, is considered a likely candidate to seek the Republican nomination for president in 2016. He ran in 2012 when the nomination ultimately went to Mitt Romney, who lost in the general election to President Barack Obama.
Perry foes contend the governor wanted to get rid of Lehmberg and cut funding for the statewide ethics task force because that office was probing a cancer research funding program benefiting Perry political donors, according to Bloomberg.
Perry denies the allegation, and his lead defense lawyer, Tony Buzbee, charges that the prosecution "is a politically motivated effort to derail his nascent presidential campaign," according to Bloomberg.
"This entire proceeding — none of this — should've ever happened," Buzbee said.
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