A week ago we suggested that the sooner Gov. Perry moved to dismiss the ‘unbelievably ridiculous,’ ‘sketchy’ and farcical indictment the better. So we are pleased that yesterday, Perry's legal team filed such a motion.
The motion seeks dismissal of the bogus indictment on multiple constitutional grounds including:
- The statutes the indictment is based upon are vague and overbroad.
- The indictment violates the constitutional separation of powers of the Texas Constitution.
- The indictment violates the Free Speech or Debate Clauses of United States and the Texas Constitutions.
The motion addresses the criminalization of politics stating, that by seeking to criminalize not only Gov. Perry's veto, but also his explanation for the veto, the indictment violates the Free Speech Clauses of both the United States and the Texas Constitutions.
The motion strikes me as well done.
According to Eugene Volokh, the Gary T. Schwartz Professor of Law at the UCLA School of Law, denials of motions such as Perry's can be appealed before trial, and the appeals are to be "heard at the earliest practicable time."
You can read Perry's motion to dismiss below: