Perry attorneys file motion to dismiss charges - KYTX CBS 19 Tyler Longview News Weather Sports

Perry attorneys file motion to dismiss charges

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AUSTIN (KVUE) - Attorneys for Gov. Rick Perry have filed a 60-page writ of habeas corpus to dismiss the charges filed against the governor.

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.

Perry is facing two felony charges related to his actions surrounding a veto he made last year regarding funding for the Public Integrity Unit. Prosecutors claim Perry abused his power when he threatened to withhold funding from the PIU if Travis County District Attorney Rosemary Lehmberg did not step down following her DWI conviction last year.

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