Texas Gov. Perry ordered to be in court on Halloween

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Texas Gov. Perry ordered to be in court on Halloween
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)
This image provided by the Austin Police Department shows Texas Gov. Rick Perry while being booked at the Blackwell-Thurman Criminal Justice Center in Austin, Texas, for two felony indictments of abuse of power on Tuesday, Aug. 19, 2014, in Austin, Texas. (AP Photo/Austin Police Department)
A group holds signsabout Texas Gov. Rick Perry as he 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, left, laughs with his attorney David Botsford, right, as he 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, 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, 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, front right, is escorted away from 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)
A supporter holds a sign for Texas Gov. Rick Perry as he talks with media and supporters at 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, right, arrives at the Blackwell Thurman Criminal Justice Center for booking, 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)
A supporter of Texas Gov. Rick Perry holds a sign as he speaks 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 by publicly promising to veto $7.5 million for the state public integrity unit run. (AP Photo/Eric Gay)
Texas Gov. Rick Perry, left, talks with his attorney David Botsford, right, as he 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 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)
FILE - In this Aug. 18, 2014, file photo, U.S. Sen. John McCain, R-Ariz., talks with reporters after a town hall meeting in Derry, N.H. McCain has scoffed at the indictment of Texas Gov. Rick Perry on abuse-of-power charges, and has encouraged Perry make repeated stops in New Hampshire as early presidential campaigning begin. Perry is set to visit New Hampshire on Friday and Saturday, Aug. 22-23, 2014. (AP Photo/Jim Cole, File)
Texas Gov. Rick Perry, front right, is escorted away from the Blackwell Thurman Criminal Justice Center after he was booked, 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)
Pedestrians enter and exit the Blackwell Thurman Criminal Justice Center, Monday, Aug. 18, 2014, in Austin, Texas. 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. (AP Photo/Eric Gay)
Pedestrians enter and exit the Blackwell Thurman Criminal Justice Center, Monday, Aug. 18, 2014, in Austin, Texas. 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. (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)
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)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry bids farewell after speaking to the media after turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry speaks to the media after turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry speaks to the media after turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Bulverde residents Geri Ray (C) and Kaci Poindexter (R) with the Bulverde Republican Women, are interviewed by LeeAnn Walace with the media after Texas Governor Rick Perry turned himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry speaks to the media after turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry speaks to the media after turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry arrives to speak to the press before turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry emerges after being finger printed at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Supporters shout for Texas Governor Rick Perry as he speaks to the press before turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry speaks to the press before turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry acknowledges supporters as he steps to the podium to speak to the press before turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry speaks to the press before turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry speaks to the press before turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry speaks to the press before turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry speaks to the press before turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
AUSTIN, TX - AUGUST 19: Texas Governor Rick Perry speaks to the press before turning himself in to authorities at the Blackwell-Thurman Criminal Justice Center on August 19, 2014 in Austin, Texas. Perry was indicted last Friday on felony charges of abuse of power and coercion of a public servant. (Photo by Stewart F. House/Getty Images)
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AUSTIN, Texas (AP) -- Indicted Texas Gov. Rick Perry will make his first court appearance on Halloween as his defense team tries to quash the two felony counts of abuse of power against him on both constitutional and technical grounds.

The Republican was on a state economic mission to Europe and was granted permission to skip a pretrial hearing Monday in Austin, where state District Judge Bert Richardson set the next court date.

"Because this affects the case, the judge has ruled that he, like other defendants, needs to appear in court," special prosecutor Michael McCrum said of Perry after the hearing. The governor, meanwhile, is set to address the Royal United Services Institute in London on Tuesday.

During the upcoming court appearance, Perry's attorneys will argue that McCrum was never properly sworn in, and also that he should produce transcripts of secret grand jury testimony for the judge to review. McCrum joked with reporters that the governor's legal team is throwing the kitchen sink at him.

"There's been a couple of dishes thrown into the sink, and so we're having to go through them one by one," he said. "But I'm confident everything's going to proceed in a good fashion."

Also Monday, the judge set a Nov. 7 deadline for McCrum to file written responses to the defense's two motions to quash.

Perry was indicted in August by an Austin grand jury after publicly threatening -- and then carrying out -- a veto of state funding for public corruption prosecutors. He promised the veto after the Democratic district attorney who oversees the investigative unit, Rosemary Lehmberg, refused to resign following her conviction for drunken driving.

The defense has since filed two motions, one arguing that the case is unconstitutional because Perry was within his rights to issue the veto, and the other seeking to throw it out on technicalities, including whether McCrum was properly sworn in and if Lehmberg filed appropriate paperwork to recuse herself from the case.

Richardson, a San Antonio Republican, appointed McCrum special prosecutor. The case against Perry grew out of a complaint from a left-leaning government watchdog group in Austin, but Lehmberg's office hasn't been involved in investigating it.

McCrum says he was properly sworn in and that he and Lehmberg filed the necessary paperwork.

In brief comments after Monday's hearing, Tony Buzbee, a Houston-based attorney for Perry, responded "I've seen some paperwork, I'm not sure it resolves the issue."

On the grand jury transcripts, Perry's attorneys want Richardson to review them, saying they are necessary for him to rule on their requests to dismiss the indictments. They've argued that McCrum has said he's too busy to call the grand jury court reporter to order the transcripts.

McCrum said asking for grand jury transcripts was "quite unusual" and that he wants to protect grand jurors and witnesses they heard.

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