A defense lawyer is urging a judge to dismiss perjury charges against Republican state Rep. Barry Moore of Enterprise.
At a court hearing Tuesday in Opelika, attorney Bill Baxley said the indictment was vague and improperly constructed. Baxley also questioned if Acting Attorney General Van Davis was legally appointed after Attorney General Luther Strange stepped aside from the case.
Moore's lawyers are seeking to dismiss the charges and to subpoena records about Strange's recusal.
Deputy Attorney General Michael Duffy says the attorney general has the ability to direct a former district attorney to handle a matter. Duffy called the subpoena a defense fishing expedition.
Circuit Judge Jacob Walker says he will rule later.
