Looking for legal defenses of the Rick Perry indictment

August 17, 2014

I’ve blogged below about why both count I and count II of the indictment of Gov. Rick Perry are unfounded. As I noted in the posts, though, my views on the subject were tentative — there may well be something about the details of Texas law (whether Texas criminal law or Texas constitutional law) that I’m missing here.

Can anyone point me to a fairly detailed legal defense of the Rick Perry indictment, so I can get a better sense of whether my own analysis is sound? I’m looking for defenses that make specific legal arguments explaining why Gov. Perry’s behavior violates the specific statutes mentioned in the indictment — not general explanations of why someone thinks Gov. Perry’s behavior was unsavory or ill-intentioned, or why there ought to be a law against it. If you know of any such defenses, please post links to them in the comments below, or e-mail me a link at volokh at law.ucla.edu.

Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and tort law, at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy.
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