AUSTIN, Texas -- One of Rick Perry's five attorneys appeared Friday morning in court on behalf of the Texas governor, and after a 35-minute closed door-meeting with the judge, we learned Perry's team plans to challenge the constitutionality of two felony charges he faces.
Attorney David Botsford has until next Friday to file a writ of habeas corpus with the judge. Botsford said that writ will seek to dismiss the charges, and added that the Republican's legal team believes Perry acted within his constitutional rights.
"It will speak for itself. It is based on the governor's veto power, separation of powers in the Texas constitution, 1st amendment rights and the speech and debate clause," Botsford said.
Special prosecutor Michael McCrum strongly disagreed with that statement, and said he's confident in his case.
"On behalf of the state, I'm confident that the law applies in this case, that the facts will bear out as sufficient to sustain a prosecution in this case," McCrum said.
McCrum is confident this will eventually go to trial, but he doesn't expect that to happen until sometime next year.