Late last week, Texas Gov. Rick Perry’s legal team signaled its intent to file a formal challenge to the August 15th indictment against him. They made good on the promise today, filing a writ of habeas corpus.
A press release from the governor spells out the nature of the challenge:
AUSTIN — Today, Gov. Rick Perry’s legal team filed a pretrial application for writ of habeas corpus seeking to bar the prosecution of Gov. Perry on multiple constitutional grounds.
“Thus, for reasons of constitutional magnitude, including the separation of powers doctrine fundamental to our democratic system of government, Governor Perry should have the same opportunity for relief through habeas corpus in this case if the provisions are merely void as applied as he would have if they were facially unconstitutional,” Governor Perry’s legal team noted in the writ. “Subjecting any sitting Governor to a criminal prosecution and injecting the judiciary into a political dispute would be an unprecedented assault on this cherished separation of powers, and would impose an intolerable and incalculable chilling effect on the free exercise of legitimate constitutional powers by future governors.”
The Texas Tribune has more, including this line from the lawyers’ brief: “This court should not hesitate to dismiss both counts of the indictment and bar the prosecution, immediately if not sooner.”
The Perry team is cashing in on last week’s mugshot. RickPAC is selling this brilliant mugshot T-shirt in its online store.