A lower appeals court dismissed the other charge, coercion by a public servant, in July.
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After Travis County District Attorney Rosemary Lehmberg was arrested and pleaded guilty to driving while intoxicated, Perry threatened to veto state funding for her office unless she first resigned. The allegation was that he improperly combined the two – that he illegally tied his power to eliminate state funding for the integrity unit to his demand that Lehmberg resign, effectively setting up a quid pro quo arrangement that crossed the line into an abuse of power.
The state had said – and the 3rd Court had agreed – that it was too early in the case to address Perry’s arguments against that abuse-of-power charge, saying according to precedent set by the high court, that only could happen after evidence was heard at a trial.
“August of 2014, I stood on the steps of the Travis county courthouse and I said we don’t criminalize partisan or policy disagreements or resolve political disputes and policy differences by indictment”.
The Texas Court of Criminal Appeals tossed a charge of misuse of office that stemmed from Perry’s 2013 effort to force out the Travis County district attorney.
Rick Perry was the longest serving governor in the history of The Lone Star State at 15 years. If it is only a veto act that is being prosecuted, then “the prosecution itself violates separation of powers”, the court reasoned Wednesday. The case should have never gotten off the ground in the first place.
Perry and his lawyers argued – successfully, as it turns out – that he was acting within the powers of a governor and did nothing criminal.
“I’ve always known that the actions I took were not only lawful and legal, but they were right”, said Perry.
McCrum, who called the decision “tailor made for Rick Perry to get off the hook”, said he was “disheartened” but unsurprised by the outcome.
Perry blames the lingering felony charge for his failed presidential campaign, straining both his reputation and finances.
NPR’s John Burnett tells our Newscast unit that “Perry complained all along that the felony indictment tanked his presidential aspirations”.
The Texas Republican was clear that the indictment was an attempt to use the justice system for political gamesmanship. But his second White House campaign lasted barely three months, and Perry formally dropped out of the race in September.
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“In the narrative of Rick Perry’s presidential ambitions, this was more bad news”. Perry followed through on his threat to veto state funding for her office.
