As I mentioned, a Texas Court of Appeals panel has just held that Count II in the Rick Perry prosecution had to be dismissed: the “coercion” statute on which the count was based, the court held, is facially unconstitutional. But the court held that it lacked the authority to dismiss Count I, because that dealt not with a facial challenge (“the statute is facially invalid”) but with an as-applied challenge (“the statute may be just fine in many situations, but it can’t be constitutionally applied on these facts”).Since the Court dismissed Count II, it essentially said, the prosecution was bogus, therefore, politically motivated.
First shoe dropped.
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