*Update* Perry's arraignment reset - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

*Update* Perry's arraignment reset

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Friday would have been Governor Rick Perry's arraignment, but it was over before it ever began.

When visiting Judge Bert Richardson took the bench he already knew it would not be the first day of the Perry trial.

"A waiver of arraignment has been filed and until the lawyers get here and I have a chance to speak with them we will not have a reset date. It will depend on my schedule and their schedule and the court's schedule," said Richardson.

Attorney David Botsford from Perry's legal team and Special Prosecutor Michael McCrum met with the judge in closed chambers. Then it was determined that there was more to the waiver then scheduling.

"A writ of habeas corpus will be filed early next week attacking the constitutionality of the prosecution of both counts of the indictment," said Botsford.

The governor was indicted a week ago on two charges, abuse of official capacity and coercion of a public servant. They are both felony charges that the governor faces for his threat to veto funding for the public integrity unit.

Perry vetoed the funding following the arrest of the units leader district attorney rosemary Lehmberg. She was arrested in April of 2013 for drunk driving. Lehmberg pled guilty to the charges and served jail time, but did not resign.

Perry says he did not want to fund the public integrity unit as long as it had a leader he had lost confidence in. The governor said his right to veto was protected by the Constitution.

"It is outrageous that some would use partisan political theatrics to rip away at the very fabric of our state's Constitution," Perry said during a press conference Saturday.

Botsford said there are several points they will ask the judge to consider in their motion.

"It will speak for itself, but it is based on the governor's veto power, separation of powers in the Texas constitution, First Amendment rights and the speech and debate clause," said Botsford.

McCrum said the prosecution will prepare a response and he doesn't expect the judge will dismiss the case.

"I'm confident the law applies in this case and that the facts will bear out as sufficient to sustain a prosecution in this case," said McCrum.

"I believe these issues are complex. I do not believe that this court or any court that would address it would do it very quickly," he added.

After the defense files the motion the prosecution will have a chance to review it and respond. Then the judge will consider both sides and either dismiss the case or set a new date for arraignment.

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