Latest in Perry case: Ruling: Veto can’t be curbed by courts

Rick Perry was spared a trial and potential prison sentence Wednesday after an appeals court dismissed two charges of abuse of office.

The highest criminal court in Texas decided in a 6-2 ruling that courts can not restrict veto power and that prosecuting a veto “violates separations of powers”.

Texas GOP Chair Tom Mechler said he wasn’t surprised by the court’s action.

“I’m proud to say today that the court upheld the rule of law and the fundamental right of any person to speak freely without fear of political interference or legal intimidation”, Perry said at a news conference hosted by the Texas Public Policy Foundation. His reasoning was that the agency, which investigates criminal activities by elected officials, should not be under the administration of Travis County District Attorney Rosemary Lehmberg after her DWI arrest.

Perry, 65, when indicted in August 2014 by a Travis County grand jury that charged him with abuse of official capacity and coercion of a public servant.

Abuse of power charges against former Governor Rick Perry were dismissed.

Tony Buzbee, Perry’s lead lawyer, was pleased with the ruling.

Perry dropped out of his second bid for the presidential nomination past year after his campaign failed to attract enough donors or supporters in a crowded Republican field. He called it “a bunch of foolishness from the beginning”.

Perry dismissed the case as a “political witch hunt”, while legal scholars from across the political spectrum raised objections about it. Still, the Republican judge overseeing the case repeatedly refused to throw it out on constitutional grounds, prompting Perry’s appeals.

“I think the people of this state do not want rogue prosecutors to use the court to get done what they can’t get done at the ballot box”, he said.

“The constant references to “Governor Perry” could well be seen by the public as an inference that appellant’s position in life entitles him to special privileges and special treatment by this court that others might be denied”, wrote Republican Judge Cheryl Johnson, referring to how judges addressed Perry during deliberations.

Jim Henson, who heads the Texas Politics Project at the University of Texas at Austin, said the indictments “confounded” Perry’s attempts to rehabilitate his image.

The indictments ultimately proved too distracting and Perry blamed the charges for his early departure from the race.