MILWAUKEE -- The lawyer of an embattled Milwaukee alderman has filed a motion to dismiss the charges against the public official, calling it a case of "discriminatory prosecution."

Alderman Michael McGee Jr. of Milwaukee's 6th District remains in jail on state and federal charges.

The motion, filed by McGee’s state attorney Glenn Givens, focuses on two incidents.

The first is the alleged vote buying scheme in which McGee and two other co-defendants are charged. Like McGee, both co-defendants are black.

According to Givens, there is a fourth person involved, a white male only identified as “Jack” who has been tied to all three co-defendants but who has never been charged.

Givens’s motion also outlines a racially charged phone call to the alderman in March that was wiretapped by federal agents in which the caller said, “Oh, you best believe it’s a fight. My fellow KKK members are coming in and it’s a fight. The (expletive) day is April 3 and we’re comin’ in.”

Givens argues that federal and state laws were violated but ignored.

“Clearly this was a race, hate crime directed at the McGee campaign, yet they did nothing,” Givens said.

Givens alleges the case against his client is about two things: the alderman’s name and his race.

District Attorney John Chisholm declined to comment about the motion.

McGee goes to court July 9 to fight the government’s request to hold him without bail.