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Former BP executive David Rainey. Image courtesy of Think Progress/Youtube.

Lawyers representing a former BP executive charged with obstructing a congressional investigation into the 2010 Deepwater Horizon spill asked a federal judge to dismiss the case Wednesday.

David Rainey, a former BP vice president, was indicted in November 2012 during a House subcommittee investigation into the 2010 Macando well blowout that killed 11 people and caused the largest oil spill in U.S. history.

Rainey is charged with one count of obstructing a congressional investigation and one count of making false statements about his spill rate calculations for the accident.

Defense lawyers argued that the congressional investigation Rainey is charged with obstructing was not properly authorized and that the alleged false statements were taken out of context, the AP said.

Judge Kurt Engelhardt has not yet ruled on the motion to dismiss.

Engelhardt dismissed the obstruction charge earlier this year after Rainey’s attorneys argued the law he allegedly violated does not apply to congressional subcommittees.

Engelhardt’s ruling was overturned by a federal appeals court in June.

Rainey has pleaded not guilty to both charges and remains free on bond.

His trial is scheduled to start March 9.