Lawyers for Texas Governor Rick Perry filed a motion Monday to toss out last month 's grand jury indictment against the potential 2016 presidential contender , arguing that the indictment violated the state 's basic separation of powers . They also contended the indictment painted a false picture of the governor as an absolute monarch with personal control of the state 's public coffers . `` Continued prosecution of Governor Perry on the current indictment is unprecedented , insupportable and simply impermissible , '' Perry 's lawyers wrote in a 43-page motion filed in Travis County District Court . `` This attempt to criminalize the political process should not be tolerated by this Court or any Texas court . Otherwise , overzealous prosecutors will be given free reign to use the grand jury process to chill political decisions by Texas ' Governors . '' Rick Perry takes back tweet . Perry 's legal team warned that the `` Texas Constitution does not authorize any such action and the instant indictment is in direct conflict with the Governor 's constitutional duties . The Court should dismiss both counts of the indictment and bar the prosecution . '' In August , a Travis County grand jury indicted Perry on two felony counts stemming from his threat to veto funding for a statewide public integrity unit run by Travis Country District Attorney Rosemary Lehmberg , a Democrat , unless she stepped down . The case centers on Perry 's June 2013 veto of the $ 7.5 million budget for the unit run by Lehmberg , after she refused his demand to resign following her drunken driving arrest and conviction . Up close with Rick Perry 's Hail Mary . Perry faces accusations of coercion of a public servant and abuse of his official capacity in connection with the threat and veto . Some Democrats have argued , among other things , that Perry vetoed funding for Lehmberg 's unit because it was investigating state-funded grants to cancer research projects that benefited allies of Perry and Texas Attorney General Greg Abbott , this year 's GOP gubernatorial nominee . 4 reasons why Rick Perry 's exercise of power got him in trouble . In their motion , Perry 's lawyers ridiculed the notion that vetoing spending -- an action preventing the release of tax dollars -- could somehow constitute a form of personal corruption on the part of the governor . `` A Texas Governor is not Augustus traveling 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 , '' they wrote . `` No governor can say of his or her state what the Sun King said of France : ' L ' Ã©tat , c'est moi . ' '' ( Translation : `` I am the state . '' ) Perry : ' I do n't really understand the details ' of indictment charges . Perry has assembled a team of legal powerhouses to defend him against the indictment . Houston attorney Tony Buzbee , GOP attorney Bobby Burchfield , criminal lawyer David Botsford , former Romney presidential campaign legal counsel Ben Ginsberg and Gore campaign veteran Mark Fabiani are among those currently working for the Texas governor . Numerous political analysts have speculated that the indictment could actually work to Perry 's political advantage by portraying the conservative politician as a victim of overly aggressive prosecutors working out of Austin -- a Democratic stronghold in the largely Republican state .
Texas Gov . Rick Perry 's lawyers file a motion to toss out last month 's grand jury indictment . His lawyers argue indictment , stemming from a 2013 veto , violates separation of powers . Perry vetoed funds for the office run by Travis County 's Democratic district attorney . Perry 's lawyers ridiculed notion that like an absolute monarch , Perry could personally benefit .