Judge nixes habeas petition by Rick Perry, who is facing power-abuse case over demand that DA quit
Former Texas Gov. Rick Perry. Christopher Halloran / Shutterstock.com
A Texas judge on Tuesday nixed a habeas petition filed by former state Gov. Rick Perry over his felony indictment in an abuse-of-power case. At issue is whether Perry exceeded his budget-veto power by withholding funds from a district attorney who refused to quit her job after being charged and convicted of driving while intoxicated.
Perry’s lawyers argued that the prosecution unconstitutionally infringes on Perry’s authority as governor. However, Judge Bert Richardson didn’t agree, giving a green light for the prosecution of the abuse of official capacity and coercion of a public servant charges against Perry to proceed. The Austin American-Statesman, KHOU and the San Antonio Express-News have stories.
Perry’s lawyers say they will appeal the ruling. Although Richardson recently was elected to the Texas Court of Criminal Appeals, he continues to oversee the district court case against Perry by special appointment, the American-Statesman previously reported. Like Perry, he is a Republican.
Longtime Travis County District Attorney Rosemary Lehmberg, a Democrat whose DWI case is at the center of the prosecution against Perry, headed a public corruption unit with a substantial budget at the time of Perry’s funding veto.
Perry, who is now a potential U.S. presidential candidate, has reportedly spent more than $1 million of his campaign funding on defending the criminal case.
Related coverage:
ABAJournal.com: ‘Texas governor faces grand jury probe for vetoing unit’s funding after DA’s drunken-driving arrest”
ABAJournal.com: “Dershowitz: Gov. Perry’s indictment is an example of ‘criminalization of party differences’”
See also:
ABC News: “Meet Rosemary Lehmberg, the District Attorney at the Center of the Rick Perry Indictment”
The American Spectator (opinion): “Rosemary Lehmberg On the Warpath: First Rick Perry, Now Wallace Hall”
