Rick Perry’s lawyers file 60-page motion to dismiss case

[TexasTowelie]

The two-count indictment against Gov. Rick Perry defies common sense and should be dismissed “immediately if not sooner” as a violation of the U.S. and Texas constitutions, Perry’s legal team told the trial judge Monday.

The wide-ranging attack argued that Perry’s criminal charges were based on state laws that are unconstitutional or, at the very least, were misinterpreted — constituting an improper attempt to criminalize politics and limit gubernatorial power in “intolerable and incalculable” ways.

“Continued prosecution of Governor Perry on the current indictment is unprecedented, insupportable and simply impermissible,” said the 60-page filing by defense lawyer David Botsford.

The charges, stemming from Perry’s veto last year of state money for the Travis County district attorney’s office, also violate the Texas Constitution’s separation-of-powers clause by improperly inserting the courts into the functions of the executive and legislative branches, the petition said.

Read more: http://www.statesman.com/news/news/rick-perrys-lawyers-file-60-page-motion-to-dismiss/ng8WP/

[Lithos]

1. Means they are throwing crap up against the wall

Hoping something will stick.

L-

[Manifestor_of_Light]

2. SIXTY PAGES??

Hell, I've typed general denials in civil cases that were ONE PAGE with a prayer (yes that's a legal term) "Defendant prays that Plaintiff go hence without day." (Not delay, that is not a typo. Archaic English for to the lawsuit to be dismissed within the day of the hearing.)

I know this is criminal and not civil, but still....sixty pages is poo-flinging indeed.

[TexasTowelie]

3. Yes,

but were you getting paid $450 per hour (or whatever obscene amount) with taxpayer funds when you did so?

After all, they have to pad their billable hours.

[ashling]

5. At least the public is off the hook for the bill

I don't remember the link, but I saw somewhere that he gave in to pressure and is paying for this with campaign funds ... as long as they are not his personal funds he could give a shit

[Gothmog]

4. In federal court, the defendant would be subject to a page limit

The special prosecutor gets to respond. The normal response is to release some nice tidbit of information that shows that Perry is guilty as a reason not to dismiss.