Texas Gov. Rick Perry’s lawyers were back in court today, without their client. When the scheduling hearing was over, the judge set a pretrial hearing for Friday, Oct. 31.
One issue to be discussed is whether Special Prosecutor Michael McCrum was properly sworn in, which will determine whether he’s qualified to continue as attorney pro tem, in the place of District Attorney Rosemary Lehmberg.
"They’re actually questioning whether or not oath was properly administered, but if we have to proceed to a hearing, I’ll bring witnesses who were there to see it and everything was done appropriately," McCrum says.
One of Perry's attorneys, Tony Buzbee, said he's seen "some paperwork. I'm not sure it resolves the issue but we'll take it up on the 31st."
McCrum has until Nov. 7 to respond to motions by Perry’s lawyers to quash the case. The governor is charged with two felony counts involving his threat to veto funding for the Public Integrity Unit unless Travis County D.A. Lehmberg agreed to resign. Perry said the public had lost confidence in her following her DWI conviction.
Perry's expected to attend the Oct. 31 hearing. He was excused from today’s because he’s on an economic development trip to Europe.