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 It was the second motion seeking to dismiss the charges against
Perry, a potential candidate in the 2016 Republican presidential
race, who has tried to rally support by saying he is the victim of a
partisan, politicized prosecution.
The new motion argues that Perry was operating within his rights in
vetoing money for a public integrity unit in the prosecutor's office
in Travis County, a Democratic stronghold in the heavily Republican
state.
Rebutting the lawsuit's contention that Perry had overstepped his
authority by vetoing the funds, his lawyers argued that he was
operating within the constraints on his office imposed by the state
constitution.
"A Texas Governor is not Augustus traversing his realm with a
portable mint and an imperial treasure in tow; he no more has
custody or possession of the State's general revenue funds than does
any Texan. No governor can say of his or her state what the Sun King
said of France: "L'etat c'est moi," it said.
Perry, 64, the longest-serving governor in Texas history, became the
target of an ethics investigation last year after he vetoed $7.5
million in funding for the state public integrity unit run from the
Travis County district attorney's office.
His veto was widely viewed as intended to force the ouster of Travis
County District Attorney Rosemary Lehmberg, a Democrat, after she
had pleaded guilty to drunken driving and remained in office.
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Since being indicted last month, Perry has traveled to crucial
presidential primary states to rally support for a possible
campaign. After flaming out in a gaffe-prone 2012 presidential bid,
Perry has ranked near the bottom in surveys of Republican voters
among possible candidates in 2016.
(Writing by Jon Herskovitz; Editing by Peter Cooney)
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