Rick Perry Files Second Motion to Dismiss

AUSTIN (CN) - Texas Gov. Rick Perry's attorneys have asked a judge again to throw out his felony corruption charges, this time on procedural grounds.

Perry's second motion to quash and dismiss the Aug. 29 indictment hinges on claims that Travis County District Attorney Rosemary Lehmberg did not file necessary documents disqualifying herself from the case, or for appointing Michael McCrum as special prosecutor.

In court documents filed Friday, Austin attorney David Bosford said McCrum is acting illegally "because the basic procedural requirements have apparently been overlooked."

"While Texas law permits a private attorney to stand in the shoes of the Travis County District Attorney, it prescribes exact and careful procedures to ensure that the attorney pro tem is required under the law, is duly named, and has properly qualified," the motion states.

Perry's legal team also claims the district clerk's files do not reflect a motion by Lehmberg disqualifying herself from the case; an order signed by a district judge finding her disqualified; an order by Visiting Judge Bert Richardson appointing McCrumb as attorney pro tem; or an oath of office by McCrum.

"The law requires that procedural requisites be observed whenever any Texan, including the governor, is investigated and charged by the state. The pervasive failure to follow these requisites here requires dismissal," the 17-page motion states.

Led by McCrumb's investigation, a Travis County grand jury indicted Perry on two felony counts: abuse of official capacity and coercion of a public servant, stemming from his threat to veto money allocated to the Public Integrity Unit Lehmberg's office controls.

Lehmberg is a Democrat. She pleaded guilty in April 2013 to criminal charges relating to her arrest on drunken driving charges but has maintained all along that she had removed herself from Perry's case.

Perry's attorneys say in Friday's motion that without a valid appointment, McCrumb had no authority to appear before either of the two grand juries appointed by Richardson, which is cause alone to dismiss the indictment.

Richardson has yet to rule on Perry's Aug. 25 motion to dismiss, in which attorneys cited multiple constitutional grounds, including that the indictment violates Perry's free speech rights.

A hearing is scheduled for Oct. 13 at 9 a.m. in Austin.

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