Governor Rick Perry’s attorneys are making a second attempt to get the indictment against him thrown out. They filed a First Motion to Quash and Dismiss in Travis County court, Monday. The 40-page brief makes many of the same claims as the previous Writ of Habeus Corpus, which they filed last month and has not yet been ruled on. Both briefs argue that the charges Perry faces are unconstitutional.

This latest motion differs from the Writ of Habeus Corpus, which challenges the authority of the court to hear the case. A judge could deny that motion but still rule in Perry’s favor on the motion to dismiss. If the judge refuses to dismiss the case based on the new motion, however, Perry is not entitled to an appeal.

Governor Perry faces two felony counts that he abused the power of his office by coercing a public official and that he misused government property. The charges stem from the 2013 legislative session when Gov. Perry threatened to veto funding for the Public Integrity Unit if Travis County District Attorney Rosemary Lehmberg did not step down following a drunk driving conviction. He cut the nearly $7.5 million when she refused.