No arrest warrant being issued for Texas' Perry

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Rick Perry - updated 8/19/2014
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No arrest warrant being issued for Texas' Perry

Texas Gov. Rick Perry was booked Tuesday, Aug. 19, 2014, on two felony counts for allegedly carrying out political threats.

(Image courtesy: Travis County Sheriff's Office)

Texas Gov. Rick Perry, center, arrives at the Blackwell Thurman Criminal Justice Center, Tuesday, Aug. 19, 2014, in Austin, Texas. Perry has been booked on two felony counts of abuse of power for carrying out a threat to veto funding to state public corruption prosecutors. (AP Photo/Eric Gay)
Texas Gov. Rick Perry, center, is booked at the Blackwell Thurman Criminal Justice Center, Tuesday, Aug. 19, 2014, in Austin, Texas. Perry has been booked on two felony counts of abuse of power for carrying out a threat to veto funding to state public corruption prosecutors. (AP Photo/Eric Gay)
Texas Gov. Rick Perry talks to the media and supporters after he was booked at the Blackwell Thurman Criminal Justice Center, Tuesday, Aug. 19, 2014, in Austin, Texas. Perry was indicted last week on charges of coercion and official oppression for publicly promising to veto $7.5 million for the state public integrity unit run. (AP Photo/Eric Gay)
Texas Gov. Rick Perry, left, leaves the Blackwell Thurman Criminal Justice Center after he was booked, Tuesday, Aug. 19, 2014, in Austin, Texas. Perry was indicted last week on charges of coercion and official oppression for publicly promising to veto $7.5 million for the state public integrity unit run. (AP Photo/Eric Gay)
Texas Gov. Rick Perry talks to the media and supporters after he was booked at the Blackwell Thurman Criminal Justice Center, Tuesday, Aug. 19, 2014, in Austin, Texas. Perry was indicted last week on charges of coercion and official oppression for publicly promising to veto $7.5 million for the state public integrity unit run. (AP Photo/Eric Gay)
Texas Gov. Rick Perry talks to the media and supporters after he was booked at the Blackwell Thurman Criminal Justice Center, Tuesday, Aug. 19, 2014, in Austin, Texas. Perry was indicted last week on charges of coercion and official oppression for publicly promising to veto $7.5 million for the state public integrity unit run. (AP Photo/Eric Gay)
Gov. Rick Perry makes a statement in Austin, Texas on Saturday, Aug. 16, 2014 concerning the indictment on charges of coercion of a public servant and abuse of his official capacity. Perry is the first Texas governor since 1917 to be indicted. (AP Photo/Michael Thomas)
Gov. Rick Perry makes a statement in Austin, Texas on Saturday, Aug. 16, 2014 concerning the indictment on charges of coercion of a public servant and abuse of his official capacity. Perry is the first Texas governor since 1917 to be indicted. (AP Photo/Michael Thomas)
Gov. Rick Perry makes a statement in Austin, Texas on Saturday, Aug. 16, 2014 concerning the indictment on charges of coercion of a public servant and abuse of his official capacity. Perry is the first Texas governor since 1917 to be indicted. (AP Photo/Michael Thomas)
Texas Gov. Rick Perry casts his vote in the Cast you Kernel competition at the Iowa State Fair, Tuesday, Aug. 12, 2014, in Des Moines, Iowa. The fair runs through Aug. 17th. (AP Photo/Charlie Neibergall)
Texas Gov. Rick Perry walks on the main concourse before speaking at the Des Moines Register's Political Soapbox at the Iowa State Fair, Tuesday, Aug. 12, 2014, in Des Moines, Iowa. The fair runs through Aug. 17th. (AP Photo/Charlie Neibergall)
Texas Gov. Rick Perry walks on the main concourse before speaking at the Des Moines Register's Political Soapbox at the Iowa State Fair, Tuesday, Aug. 12, 2014, in Des Moines, Iowa. The fair runs through Aug. 17th. (AP Photo/Charlie Neibergall)
Texas Gov. Rick Perry speaks at the Des Moines Register's Political Soapbox at the Iowa State Fair, Tuesday, Aug. 12, 2014, in Des Moines, Iowa. The fair runs through Aug. 17th. (AP Photo/Charlie Neibergall)
Texas Gov. Rick Perry speaks at the Des Moines Register's Political Soapbox at the Iowa State Fair, Tuesday, Aug. 12, 2014, in Des Moines, Iowa. The fair runs through Aug. 17th. (AP Photo/Charlie Neibergall)
Governor Rick Perry pauses as he addresses attendees at the 2014 Red State Gathering, Friday, Aug. 8, 2014, in Fort Worth, Texas. (AP Photo/Tony Gutierrez)
Texas Gov. Rick Perry gives a thumbs-up to supporters before speaking at the Des Moines Register's Political Soapbox at the Iowa State Fair, Tuesday, Aug. 12, 2014, in Des Moines, Iowa. The fair runs through Aug. 17th. (AP Photo/Charlie Neibergall)
Gov. Rick Perry makes a statement in Austin, Texas on Saturday, Aug. 16, 2014 concerning the indictment on charges of coercion of a public servant and abuse of his official capacity. Perry is the first Texas governor since 1917 to be indicted. (AP Photo/Michael Thomas)
Texas Governor Rick Perry waits to greet US President Barack Obama in Dallas, Texas, on July 9, 2014 as he arrives for a meeting with local elected officials and faith leaders to discuss the urgent humanitarian situation at the Southwest border. Obama requested $3.7 billion in emergency funding from Congress to help cope with a surge of unaccompanied child immigrants from Central America. AFP PHOTO/Jewel Samad (Photo credit should read JEWEL SAMAD/AFP/Getty Images)
NEW ORLEANS, LA - MAY 31: Texas Gov. Rick Perry speaks during the final day of the 2014 Republican Leadership Conference on May 31, 2014 in New Orleans, Louisiana. Some of the biggest names in the Republican Party made appearances at the 2014 Republican Leadership Conference, which hosts 1,500 delegates from across the country through May 31. (Photo by Justin Sullivan/Getty Images)
NEW ORLEANS, LA - MAY 31: Texas Gov. Rick Perry speaks during the final day of the 2014 Republican Leadership Conference on May 31, 2014 in New Orleans, Louisiana. Some of the biggest names in the Republican Party made appearances at the 2014 Republican Leadership Conference, which hosts 1,500 delegates from across the country through May 31. (Photo by Justin Sullivan/Getty Images)
Texas Governor Rick Perry waits to greet US President Barack Obama in Dallas, Texas, on July 9, 2014 as he arrives for a meeting with local elected officials and faith leaders to discuss the urgent humanitarian situation at the Southwest border. Obama requested $3.7 billion in emergency funding from Congress to help cope with a surge of unaccompanied child immigrants from Central America. AFP PHOTO/Jewel Samad (Photo credit should read JEWEL SAMAD/AFP/Getty Images)
This Aug. 8, 2014, photo shows Governor Rick Perry as he speaks at the 2014 Red State Gathering, in Fort Worth, Texas. The Associated Press has tracked the movements and machinations of more than a dozen prospective presidential candidates including Perry. (AP Photo/Tony Gutierrez)
Texas Gov. Rick Perry speaks to reporters following a fund-raising breakfast for Iowa Gov. Terry Branstad, Thursday, May 29, 2014, in Ames, Iowa. (AP Photo/Charlie Neibergall)
Rick Perry arrives at the Champions of Jewish Values International Gala at Cipriani 42nd Street on Sunday, May 18, 2014 in New York. (Photo by Scott Roth/Invision/AP)
Gov. Rick Perry gives a speech during the Texas GOP Convention in Fort Worth, Texas on Thursday, June, 5, 2014. In his address, the longest-serving governor in the state's history focused more on the future and national issues than his political legacy at home. (AP Photo/Rex C. Curry)
FILE - In this April 23, 2014 file photo Texas Gov. Rick Perry speaks in New York after trying to convince companies to move their operations to Texas. If Perry opts to make a second presidential run, his business-friendly policies in Texas will be his main selling points. But back home, members of his own party seem poised to dismantle key parts of his legacy. Among the targets: the special state funds Perry used to attract top employers to Texas. (AP Photo/Kathy Willens, File)
Texas Gov. Rick Perry speaks to the media after meeting with business owners Wednesday, April 23, 2014, at a barbecue restaurant in New York. Perry, a Republican, made the trip to try to convince companies to move their operations to Texas, where he says the business climate is friendlier. (AP Photo/Kathy Willens)
Gov. Rick Perry gives a speech during the Texas GOP Convention in Fort Worth, Texas on Thursday, June, 5, 2014. In his address, the longest-serving governor in the state's history focused more on the future and national issues than his political legacy at home. (AP Photo/Rex C. Curry)
File - In this May 28, 2013, file photo Texas Gov. Rick Perry speaks in Austin, Texas. Perry waded into Missouri's political battle over taxes Thursday, Aug. 22, 2013, endorsing an uphill effort by Republican legislators to override Democratic Gov. Jay Nixon's veto of an income tax cut. Perry plans to make a personal appearance next week in Missouri to tout Texas' business-friendly environment. (AP Photo/Eric Gay)
Gov. Rick Perry speaks during a ceremonial signing of a water fund bill, Tuesday, May 28, 2013, in Austin, Texas. The legislative session ended Monday, but Perry immediately called lawmakers back for a special session. They have 30 days to approve new voting maps, though the governor will likely add more items to the agenda. (AP Photo/Eric Gay)
President Barack Obama, right, talks with Texas Gov. Rick Perry as they walk on the tarmac during his arrival on Air Force One at Austin-Bergstrom International Airport, Thursday, May 9, 2013 in Austin, Texas. (AP Photo/Jack Plunkett)
FILE - In this Jan. 8, 2013 file photo, Texas Gov. Rick Perry addresses the opening session of the 83rd Texas Legislature in Austin, Texas. Perry announced Wednesday, April 17, 2013, that he is heading to Illinois to recruit businesses to relocate to Texas. He will spend one night in Chicago from April 23-24 meeting with business leaders in the biotechnology and financial industries. (AP Photo/Eric Gay, File)
Texas Gov, Rick Perry, speaks at the 40th annual Conservative Political Action Conference in National Harbor, Md., Thursday, March 14, 2013. (AP Photo/Manuel Balce Ceneta)
Texas Gov. Rick Perry speaks to reporters after a speech Wednesday, Jan. 30, 2013, in Dallas. In his speech to business leaders, Gov. Perry outlined how he would continue pressing for spending some of the state's reserves on water and transportation projects. (AP Photo/LM Otero)
Texas Gov. Rick Perry looks over papers as he arrives at the Texas Capitol to deliver the state of the state address, Tuesday, Jan. 29, 2013, in Austin, Texas. (AP Photo/Eric Gay)
FILE - In this Jan. 29, 2013 file photo, Gov. Rick Perry delivers the state of the state address in the house chambers at the state capitol, in Austin, Texas. With nearly two million illegal immigrants and a 1,200-mile border with Mexico, Texas has more at stake than most states in the renewed push to overhaul the nation's immigration system. Yet so far, Perry and Republicans who control the Legislature have been conspicuously sitting this debate out. (AP Photo/Eric Gay, File)
Texas Gov. Rick Perry, right, shakes hands after addressing the opening session of the 83rd Texas Legislature, Tuesday, Jan. 8, 2013, in Austin, Texas. (AP Photo/Eric Gay)
Texas Gov. Rick Perry casts his vote in the Cast you Kernel competition at the Iowa State Fair, Tuesday, Aug. 12, 2014, in Des Moines, Iowa. The fair runs through Aug. 17th. (AP Photo/Charlie Neibergall)
Texas Gov. Rick Perry walks on the main concourse before speaking at the Des Moines Register's Political Soapbox at the Iowa State Fair, Tuesday, Aug. 12, 2014, in Des Moines, Iowa. The fair runs through Aug. 17th. (AP Photo/Charlie Neibergall)
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By PAUL J. WEBER & KEN THOMAS

AUSTIN, Texas (AP) -- A judge has decided not to issue an arrest warrant for Texas Gov. Rick Perry, a court official said Monday, meaning the Republican can continue traveling the country and gearing up for a possible 2016 presidential run despite being indicted on two felony counts of abuse of power.

Perry on Friday became the first Texas governor since 1917 to be indicted, and he's facing charges that carry a maximum sentence of 109 years in prison for carrying out a threat to veto funding for the state's public integrity unit. But Linda Estrada, a Travis County grand jury clerk, said that the judge overseeing the case, Bert Richardson, decided against issuing an arrest warrant.

Perry will receive a summons which has not been issued yet and won't be until his defense attorney and the state set a date for him to appear in court. Estrada said the governor will eventually have to be booked and fingerprinted. She wasn't sure about a mug shot, though cases similar to Perry's have warranted them in the past.

Michael McCrum, the special prosecutor leading the case against Perry, did not respond to repeated messages for comment. But he told The Houston Chronicle that a summons rather than an arrest warrant wasn't unusual since the governor poses no flight risk - and that it did not constitute special treatment.

Perry is going forward with plans to visit three early presidential battleground states in the next two weeks, while attempting to rally conservatives to his cause, saying the indictment is symbolic of government overreach.

"This is not the way that we settle differences, political differences in this country," Perry said in an interview with "Fox News Sunday."

Perry's office didn't immediately respond Monday to messages seeking comment on the summons.

Still, for Perry, who stumbled in his 2012 presidential campaign, the allegations could pose a distraction and complicate his attempts to gain a second look from Republicans in early voting states such as Iowa, New Hampshire and South Carolina. The details of the prosecution and timing of any trial remain unknown, and it is unclear how Republican activists will respond to a presidential candidate who has been indicted.

Aides said Perry planned to maintain his public schedule, including a Thursday speech on immigration at the Heritage Foundation in Washington, and then a visit to New Hampshire next weekend. The governor is scheduled to appear at a slate of activities there: events in Portsmouth, Manchester and Nashua on Friday, followed by a rally Saturday in Stratham and Republican gatherings in Rochester and Chichester.

Later this month, Perry is expected at a larger Americans for Prosperity gathering in Dallas, which will also feature Kentucky Sen. Rand Paul and Texas Sen. Ted Cruz. Then he plans to be in South Carolina on Aug. 27-28 for appearances that include a college football game at the University of South Carolina against Texas A&M, Perry's alma mater.

Perry is scheduled to return to Iowa, home of the nation's leadoff presidential caucuses, on Sept. 1-2, and then departs on a weeklong Texas trade mission to Japan and China, which will include stops in Beijing and the World Economic Forum in Tianjin.

Potential 2016 presidential rivals such as former Florida Gov. Jeb Bush, Louisiana Gov. Bobby Jindal and Cruz have denounced the indictment and Republicans have said the facts of the case could prompt conservatives to rally behind Perry.

"Nobody wants to get indicted but the basis of the indictment is so preposterous that ultimately it could be a political benefit," said Phil Musser, a former executive director of the Republican Governors Association.

A Travis County grand jury indicted Perry for carrying out a threat to veto $7.5 million in funding to the state's public integrity unit, which investigates official wrongdoing and is led by a local district attorney, Rosemary Lehmberg, an elected Democrat, unless she resigned following her arrest and conviction for drunken driving.

McCrum was assigned to investigate the veto following a complaint filed by a left-leaning watchdog group.

Conservatives note that a video recording made at the jail showed Lehmberg shouting at staffers, kicking the door of her cell and sticking her tongue out at deputies.

"A public official getting drunk and arrested is something we have experienced in South Carolina and the base voters will award Perry for standing firm," said Katon Dawson, a Perry ally and former South Carolina GOP chairman. "Plus, Rick has friends in South Carolina who are with him and that matters."

Gov. Perry: 'Indictment Is Abuse of Power'


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