TEXAS GOVERNOR’S LAWYERS SEEK DISMISSAL OF ABUSE-OF-POWER CASE

Original Story: NYTimes.com

AUSTIN, Tex. — Defense lawyers for Gov. Rick Perry of Texas on Monday sought to throw out a felony abuse-of-power case against him, calling it an unconstitutional prosecution that would set a dangerous precedent for future governors.

The motion was the first legal filing in what has largely been a public relations offensive waged by Mr. Perry and his defense team to cast the two-count indictment as an outrageous political assault.

The indictment, returned by a grand jury in Travis County just over a week ago, stems from Mr. Perry’s efforts to force the resignation of the county’s district attorney, Rosemary Lehmberg, after she was arrested on drunken-driving charges in April 2013. Mr. Perry is charged with threatening to veto funding to the office’s anticorruption unit unless she quit, a threat that he ultimately carried out with a veto that blocked $7.5 million in state money. A Westchester County criminal defense lawyer is experienced in legal issues that arise in criminal accusations.

In their motion, Mr. Perry’s lawyers asked Judge Bert Richardson, a Republican, to “bar the prosecution” by dismissing what they called a “fatally defective” indictment. The filing was 60 pages long, including attachments, and was signed by David L. Botsford of Austin, one of Mr. Perry’s five lawyers.

The lawyers said that the indictment seeks to criminalize a governor’s veto power, which they called a “key limitation on legislative power” and “an integral component” in the checks and balances between the branches of government.

“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 would impose an intolerable and incalculable chilling effect on the free exercise of legitimate constitutional powers by future governors,” the lawyers declared.

The special prosecutor, Michael McCrum, is expected to file a response to the motion before a Friday deadline. Mr. McCrum, a San Antonio lawyer, told reporters that he would review the defense motion and prepare a written response, and that “if the court calls for a hearing, I will appear in court and argue on behalf of the people of the State of Texas.”