OKLAHOMA CITY - Sooner Tea Party Co-Founder Al Gerhart wants the blackmail charges against him to be dropped.

His attorneys filed a motion to dismiss the case –an Oklahoma County Judge is expected to rule on the motion Thursday.

This motion follows – the defense attorney's unsuccessful attempt to get Oklahoma County District Attorney David Prater and his office recused from the case.

Gerhart is accused of sending a threatening email to Republican Senator Cliff Branan in March.

Court documents show Gerhart blackmailed Senator Branan by threatening to make him the "laughing stock of the Senate" and "dig into" his past.

Gerhart is charged with blackmail and violating the Oklahoma Computer Crimes Act. He pleaded not guilty to the charges