Judge refuses to toss Perry felony charges

A Texas judge on Tuesday refused to dismiss a felony abuse-of-power case against former Gov. Rick Perry on constitutional grounds, ruling that criminal charges against the possible 2016 presidential candidate should stand.

District Judge Bert Richardson, who like Perry is a Republican, rejected calls from Perry's defense team to toss the case because its client was acting within his rights as chief executive of America's second-most populous state when he publicly threatened, then carried out, a 2013 veto of state funding for public corruption prosecutors.

Richardson wrote that, "Texas law clearly precludes a trial court from making a pretrial determination regarding the constitutionality of a state penal or criminal procedural statute as the statue applies to a particular defendant."

Perry was the longest-serving governor in Texas history. He chose not to seek re-election last year and left office Jan. 20 after 14 years in office. The first Texas governor since 1917 to be indicted, he is considering a second run for president after his 2012 White House bid flamed out, however, and says he may announce a final decision as soon as May.

Perry has spent more than $1.1 million of his campaign funds on his defense — and Richard's ruling means it will likely continue for several more months at least.

Tony Buzbee, one of Perry's defense attorneys, said in a statement that the former governor "acted lawfully and properly exercised his power under the law" and that his continued prosecution "is an outrage and sets a dangerous precedent in our Democracy."

Perry was indicted in August on charges of abuse of official power, a first degree felony, and coercion of a public servant, a third-degree felony. 

The indictment charged Perry with carrying out a threat to veto $7.5 million in funding for the state's public integrity unit after Travis County District Attorney Rosemary Lehmberg, a Democrat, refused to resign following a well-publicized drunken driving arrest. Perry faces charges that carry a maximum sentence of 109 years.

He became the target of an ethics probe in 2013 after he vetoed millions in funding for the public integrity unit, which is run from the Travis County district attorney's office. Travis County — home to the state capital Austin — is a Democratic stronghold in the heavily Republican state.

A grand jury in Austin indicted Perry. If convicted, the former governor faces a maximum prison sentence of 109 years.

Democrats have said Perry may have been looking to put an ally in charge of the unit, extending what they say is cronyism in his administration.Texans for Public Justice, a, Austin, left-leaning watchdog group, raised concerns that helped spark the criminal case. The group's executive director, Craig McDonald, released a statement Tuesday saying, "The prosecutor and a grand jury have said there's compelling evidence against Perry. That evidence should be presented in court for all to see. The chances of that happening improved today."

In a 60-page motion in August, Perry's attorneys had said the law being used to prosecute him is unconstitutionally vague and decried "attempts to convert inescapably political disputes into criminal complaints."

Richardson did rule Tuesday that one of the charges against Perry was vague, but he gave the state time to correct it.

Al Jazeera with wire services