Date | August 15, 2014 |
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County | Travis County, Texas |
Indictment Charges | Abuse of official capacity Coercion of a public servant |
Plea | Not guilty |
Judge | Bert Richardson |
Prosecutor | Michael McCrum |
Outcome | Prosecution ruled unconstitutional by the Texas Court of Criminal Appeals |
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Presidential campaigns
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On August 15, 2014, Texas Governor Rick Perry was indicted by a Travis County grand jury, but has since been cleared on all charges.[1][2][3] The first charge of the indictment was abuse of official capacity, a first-degree felony, for threatening to veto $7.5 million in funding for the Public Integrity Unit, a state public corruption prosecutors department. The second charge, which has since been ruled unconstitutional,[4] was coercion of a public servant, a third-degree felony,[5] for seeking the resignation of Travis County District Attorney Rosemary Lehmberg, a Democrat,[6] after she was convicted of drunk driving and incarcerated. Lehmberg was a district attorney in Travis County, Texas, and the Travis County DA's office managed the Public Integrity Unit's operations. The veto was seen as retribution for Lehmberg not stepping down. Perry pleaded not guilty to both charges.
On July 24, 2015, the Texas Third Court of Appeals dismissed the indictment for coercion of a public official on the basis that the indictment violated Perry's First Amendment rights to free speech.[4] The indictment for abuse of power, a charge which his lawyers said is a misdemeanor,[7] was likewise dismissed, in February 2016.[2][8]
The 3rd Court of Appeals in Austin specifically found a problem with a count alleging that Perry coerced a public servant when he threatened to veto state funding for a unit of the Travis County district attorney's office.