Appeals court dismisses one of two counts in Perry case

A Texas appeals court has dismissed one of two felony indictments against former governor Rick Perry stemming from a power struggle with a local district attorney.

The Texas 3rd Court of Appeals ruled that a claim of "coercion of a public servant" violated the free speech rights of Perry, who is seeking the Republican presidential nomination in 2016.

The appeals court let another charge stand: that Perry abuse his official capacity when  threatened to withhold funding from the Travis County Public Integrity Unit unless District Attorney Rosemary Lehmberg resigned after a drunk driving conviction.

Perry, indicted a year ago, still faces the prospect of a trial on the abuse of power charge in the middle of his presidential campaign.

The former governor and his aides have called the case politically motivated.

Tony Buzbee, lead counsel for Perry's legal team, called Friday's decision a "clear step" toward ultimate victory, and described the remaining count as more of a misdemeanor.

"The only issue is whether the governor’s veto -- or any veto in the absence of bribery -- can ever be illegal," he said. "The appeals court made clear that this case was questionable. The remaining charge is hanging by a thread, and we are confident that once it is put before the court, it will be dismissed on its face.”

From The Dallas Morning News:

"Perry’s attorneys have argued that his veto of $7.5 million of money for the Travis County District Attorney’s Office was explicitly within his power as governor.

"He cut the money from the office after District Attorney Rosemary Lehmberg was arrested for drunken driving and was belligerent during her booking at the county jail. He told her to resign or lose the money. When she refused to step down, he wielded the veto.

"A special prosecutor was assigned to handle the case. Although Perry has adamantly insisted that the indictments against him were political and a farce, the judges hearing the case -- including those on the 3rd Court of Appeals -- have been fellow Republicans."