The Editorial Board

USATODAY

Politics as usual should not be a violation of criminal law. This ought to be obvious to anyone in a democratic society. But it does not seem to be well understood in Texas, where a special prosecutor in Austin persuaded a grand jury last week to indict Gov. Rick Perry, who was booked and fingerprinted on Tuesday.

Perry, a once and potential future candidate for the Republican presidential nomination, has been charged with misusing his office and coercing a public official. Sounds serious, until you look at the flimsy, two-page indictment.

Perry's alleged offense? That he demanded the resignation of Travis County District Attorney Rosemary Lehmberg after she pleaded guilty to driving while intoxicated, then vetoed funding for a state public integrity unit that her office relies upon after she refused to step down.

The case rests on a highly dubious legal argument: Perry can exercise his rights of free speech to seek Lehmberg's resignation, and he can exercise his power of the line-item veto over use of state funds. But, supposedly, he can't do them in tandem.

This bid to criminalize politics will undermine more legitimate cases against public officials. One can easily imagine other politicians saying they, too, are being prosecuted just for doing their jobs, even when the charges against them are much stronger.

Perry's actions were classic hardball politics. Travis County includes the state capital, Austin, so its district attorney largely controls the state's public integrity prosecutions. That power has been used to mount cases against GOP politicians, including former U.S. senator Kay Bailey Hutchison and former House majority leader Tom DeLay.

Perry's moves were part of a longstanding effort by Republicans to transfer public integrity powers to an office such as the state attorney general's, which is much more likely to be in Republican hands. These moves clearly fall into the category of politics and policymaking, and should be judged by voters, not jurors.

The case might not be as politically motivated as it seems on the surface. It is being brought by a special prosecutor appointed by a Republican judge. Even so, it is still misguided in the extreme. It is part of an unhealthy trend of political issues being forced into courts rather than being resolved by voters.

Beyond Perry, two other potential Republican presidential aspirants also face investigations. One, involving New Jersey Gov. Chris Christie and lane closures at the George Washington Bridge, is a straightforward, legitimate focus of inquiry. But another, involving fundraising efforts on behalf of Wisconsin Gov. Scott Walker, seems just as mired in politics as the Perry case.

On the other side, Republicans keep turning to courts to resolve policy differences with President Obama. They've tried to get the courts to invalidate all or parts of Obamacare. And the House recently voted to sue Obama over his use of executive orders.

Chalk it up to dysfunction and polarization. With elected branches of government so unable to act in the public interest, some people think that courts can fix things. They can't. Not in Washington. And not in Austin.

USA TODAY's editorial opinions are decided by its Editorial Board, separate from the news staff. Most editorials are coupled with an opposing view — a unique USA TODAY feature.