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Rick Perry's Attorney Filing Motion To Dismiss Charges

Updated: Friday, August 22 2014, 04:47 PM CDT

Governor Rick Perry isn't backing down and neither is his legal team.

"The writ of habeas corpus will be filed early next week challenging the constitutionality of the prosecution on both counts of the indictment," said defense attorney David Botsford.

Count one of that indictment accuses Perry of abuse of official capacity when he vetoed the Public Integrity Unit's budget --  run by Travis County District Attorney Rosemary Lehmberg.

KEYE TV asked constitutional law expert Jim George how common that charge is.

"If there was a misuse of government money, which is alleged in the first count of the indictment, that is not an unusual crime to be alleged against a public official," said George.

And only the special prosecutor knows what evidence he has to prove this claim and he's not saying.

"I do not plan to talk about the strategy that I'm going to employ.  I'm not going to talk about the evidence in this case," said Michael McCrum.

And then there's the charge of coercion.

"Now what that means is going to be a little more complicated," added George.

The Texas Penal Code specifically addresses coercion of a public servant.  The indictment claims Perry coerced Lehmberg to resign following her drunk driving arrest.

"Governor Perry had absolute first amendment right to criticize Rosemary Lehmberg saying the Public Integrity Unity shouldn't be funded," said George.  "The grey area is where is the line," he added.

Perry's legal team has until next Friday to file the motion.  McCrum believes that motion will be denied and the governor will go to trial sometime next year.

(Photo from the Travis County Sheriff's Office.)

By Alex Boyer

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Rick Perry's Attorney Filing Motion To Dismiss Charges

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