Judge Denies Rick Perry’s Motion to Dismiss Indictment

A Texas court on Thursday denied indicted governor’s Rick Perry’s motion to quash his two-count felony indictment for abuse of power.  Perry’s lawyers had made a couple of technical arguments:  that the special prosecutor, Michael McCrum, had not properly been sworn in and that some related paperwork was incorrectly filed.   According to Perry’s defense team, because prosecutor McCrum had not signed the Oath of Office, “everything he’s done up to this point, everything his co-counsel has done up to this point, is absolutely void.”

The state countered that the Oath of Office merely required the Oath to be signed by the “officer.”  Since presiding judge Bert Richardson was the “officer” in question who signed the Oath, he unsurprisingly found Perry’s argument unconvincing, stating:

“In response to the claims regarding the signature, the State counters that the Oath of Office form, which indicates that it must be signed by the “officer,” is unclear.  In light of the fact that the undersigned signed the Oath of Office on the blank line for the “signature of officer,” this court would obviously be inclined to agree with Mr. McCrum’s argument that the form is unclear.”

The likelihood that this motion would succeed was so slim that one must wonder why it was filed in the first place.  It well have been presented for public consumption:  the Perry motion to dismiss was in the headlines for several weeks before it was denied.

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