Perry legal team asks appeals court to dismiss case before trial

San Antonio Express-News:

Former Gov. Rick Perry’s legal team is asking the Texas Court of Criminal Appeals to immediately throw out the remaining charge in the abuse-of-power case against him even if it has to break new legal ground to do so.

The Republican former governor is accused of abusing his veto power to try to force out a Democratic prosecutor after her messy drunken-driving arrest.

The state judge overseeing Perry’s case has said legal challenges to the indictment raised by Perry can’t be decided before a trial where evidence will be presented.

The 3rd Court of Appeals this summer tossed one of two counts against Perry, saying the coercion law underlying it violates the First Amendment. The 3rd Court agreed with Judge Bert Richardson, however, that Perry must face the charge of abuse of official capacity because it’s too early in the case to decide upon the issues he raised.

Perry’s legal team disagreed with the 3rd Court on the remaining charge, arguing in a brief filed with the Court of Criminal Appeals and released Thursday that the count could be thrown out under existing legal precedent before a trial.

And if that’s not so, said the team led by Houston lawyer Anthony Buzbee, the case should be tossed before trial anyway given the issues at stake and to prevent “the irremediable loss of constitutional rights.”
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The case is really about an attempt by liberals in Texas to criminalize their political differences with the governor.  It should never have been brought in the first place and the court should toss it and reprimand those responsible for bringing it.