ST. LOUIS – On the evening before a judge is expected to rule on a motion to dismiss the criminal case against Missouri Governor Eric Greitens, his team of attorneys filed paperwork with the court claiming the prosecution is under investigation.

The Governor is facing a felony invasion of privacy case and is accused of taking a nude photo of a woman during an affair and threatening to release it if she talked about it. The Governor has said “there is no photo” and repeatedly denied the blackmail allegations.

In supplemental material filed Wednesday as part of the defense motion to dismiss the case, Greitens’ attorneys made reference to a possible investigation of Circuit Attorney Kim Gardner and the former FBI agent she hired as chief investigator on the case William Tisaby.

The filing states, “As the court knows, there is now a criminal investigation of Mr. Tisaby and possibly Ms. Gardner related to the perjury by Tisaby, which no one is denying, and the participation in the lies and concealment by Ms. Gardner.”

The filing goes on to lay out why this supports the motion to dismiss the Governor’s case but does not go into specifics of who or what agency may be investigating the Circuit Attorney.

A spokesperson for the St. Louis Metropolitan Police Department told 5 On Your Side, “No one has contacted the Department about an investigation involving Mr. Tisaby or Ms. Gardner.”

A spokesperson for the Circuit Attorney's office released a statement saying they are not aware of any such investigation.

Related:

The full statement is as follows:

We have no knowledge of any investigation being conducted by anyone on Mr. Tisaby or the Circuit Attorney.

We believe a jury of St. Louis citizens will be in the best position to evaluate the evidence and determine whether Governor Greitens violated Missouri law.

Regarding the information Attorney General Hawley provided to us on Monday night - we are still investigating this issue. We began our investigation into this matter prior to issuing the Invasion of Privacy charges in February, and we will continue to seek the truth, wherever that may lead us.

The Circuit Attorney and her staff refuses to succumb to the bullying efforts by Governor Greitens, his defense team and his public relations team.

Read the full filing below.

Motion to Dismiss Investigation of CAO