Judge Won't Drop Felony Charges Against Possible 2016 Presidential Candidate Texas Gov. Rick Perry
Texas state district judge Bert Richardson has denied a defense motion to have two felony charges dismissed against outgoing Texas Gov. Rick Perry.
According to The Associated Press, Perry's defense team had argued that the indictment should have been voided over paperwork technicalities and questions having to do the validity of the oath of office taken by the special prosecutor in the case, Michael McCrum. Perry's team, lead by Houston-based Tony Buzbee, argued that McCrum incorrectly took the oath of office when he was sworn in as special prosecutor in August 2013. Therefore, all of McCrum's work over the past 15 months should be considered invalid.
The day before Richardson's ruling, Perry's defense team filed a 28-page brief asserting that the case should not continue because Perry's actions were protected by the constitutional powers of his office.
In arguing that the case should be tossed out because of technicalities, Buzbee repeatedly cited the U.S. Constitution and said it should apply to all matters, no matter how small.
"If you're going to take away someone's freedom, it's not too much to ask you follow the letter of the law," he said.
In Richardson’s court, Buzbee cautioned that "picking and choosing which parts of the Constitution that we're going to follow, that's utter chaos."
"That's anarchy," he continued.
Judge Richardson disagreed.
"This court concludes that Mr. McCrum's authority was not voided by the procedural irregularities in how and when the oath of office and statement of officer were administered and filed," he explained.
Richardson concluded that since the two parties didn't dispute that McCrum did in fact take the oath of office, McCrum's lack of a signature on the paperwork does not invalidate his pledge.
"It is the act of swearing, not the signature itself, that is essential," the ruling states.
Perry, a 2016 presidential hopeful who calls the case against him a political witch hunt, was accused of abusing his power as governor in trying to pressure a Travis County district attorney to step down.
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