Solicitor General Matthew Sagsveen argues in his motion to quash that the governor's office is conducting a quasi-judicial act and should be immune from testifying.

BISMARCK, N.D. (AP) — Gov. Doug Burgum and Lt. Gov. Brent Sanford are resisting a subpoena to testify in the removal case against McKenzie County Sheriff Gary Schwartzenberger.

The Bismarck Tribune reports (http://bit.ly/2r91xu8 ) their attorney has filed a motion to quash the subpoenas, which ask them to give sworn interviews about their involvement with the case.

Schwartzenberger is accused of bullying, retaliation and misusing a county credit card. He's pleaded not guilty to a misdemeanor charge and is scheduled for trial in September.

Schwartzenberger's attorney thinks Burgum's office intervened improperly in the case by communicating with the special prosecutor. The governor ultimately will judge whether Schwartzenberger should be removed.

Solicitor General Matthew Sagsveen argues in his motion to quash that the governor's office is conducting a quasi-judicial act and should be immune from testifying.