In a formal motion filed Thursday afternoon, lawyers for Sen. Ted Stevens ( R-Alaska) argued that the case against him should be dismissed because the government misled Stevens’ defense team about what their chief witness had said in interviews with the FBI.

According to the defense motion, the Justice Department told Stevens’ attorneys in September that Bill Allen, chief executive officer of oil services company VECO, said he had not billed Stevens for performing renovations to the Senator’s home because he did not think Stevens would pay the bills.

But Wednesday night, in response to an order from the court, the government turned over the FBI’s notes from its interview of Allen, in which Allen indicated that he believed Stevens would pay the bills if Allen had sent them to him.

The judge has scheduled a hearing on the motion for 4:30 p.m. Thursday.