The attorney for state schools chief Diane Douglas is moving to have a lawsuit against her by the Arizona Board of Education thrown out.

The fight stems from Douglas' refusal to give board investigators remote access to the teacher database so they could do their work. She refused citing security and other issues. So the board now wants a judge to force her to comply.

But her attorney, Steve Tully, pointed out that when Douglas sued earlier this year over control of board employees, the board argued that's a political concern which cannot be decided by a court. And the judge threw out the case.

Now the board wants a judge to intercede in a fight between Douglas and the board. Tully said they can't have it both ways.

In his legal briefs, Tully called the maneuver "gamesmanship," telling the judge he should toss the board's claim.