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Judge dismisses prosecutor from McCloskeys case
Washington Times ^ | December 10, 2020 | Jim Salter

Posted on 12/10/2020 9:27:26 PM PST by Mount Athos

A judge on Thursday disqualified the St. Louis prosecutor and her office from the case involving Mark McCloskey, who along with his wife pointed guns at racial injustice protesters marching on the private street near their home in June.

Circuit Judge Thomas Clark II dismissed Circuit Attorney Kim Gardner, citing two campaign fundraising emails around the time she filed felony gun charges against the couple in July.

“In short, the Circuit Attorney’s conduct raises the appearance that she initiated a criminal prosecution for political purposes,” Clark wrote.

The order applies only to Mark McCloskey and not his wife, Patricia, who faces the same charges. Attorneys for the couple are expected to ask that the ruling apply to Patricia McCloskey‘s case, too.

“Prosecutors are held to a higher standard legally, ethically and politically,” Al Watkins, an attorney for the couple, said in a text. “When you swing and miss on all three you have to hit the lockers.”

Gardner‘s spokeswoman did not immediately respond to messages seeking comment.

The order will mean that a special prosecutor will be assigned. It’s unclear when that will occur, or who it will be.

The McCloskeys, who are both attorneys in their early 60s, were indicted by a St. Louis grand jury in October on charges of unlawful use of a weapon and tampering with evidence. Their next court appearance was scheduled for January.

Gardner originally filed the weapons charge in July. The grand jury added the evidence tampering charge. The indictment states that a semiautomatic pistol was altered in a way that “obstructed the prosecution of Patricia McCloskey” on the weapons charge.

Another attorney for the McCloskeys, Joel Schwartz, sought Gardner‘s removal, citing ads in her successful Democratic primary campaign in August in which she referenced the case.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Crime/Corruption; News/Current Events; Politics/Elections; US: Missouri
KEYWORDS: banglist; kimgardner; mccloskey; missouri; soros
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1 posted on 12/10/2020 9:27:26 PM PST by Mount Athos
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To: Mount Athos

Bump!


2 posted on 12/10/2020 9:32:26 PM PST by Enterprise
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To: Mount Athos

well that is a small victory so far=-


3 posted on 12/10/2020 9:35:48 PM PST by Bob434
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To: Mount Athos

Circuit Attorney Kim Gardner


I was wondering if she won re-election, and apparently she did. She’s been under investigation over her conduct dealing with former governor Greitens who resigned after she filed charges which later proved to be bogus. She claims that investigating her conduct is ‘racist’. I imagine that is what she’ll call this ruling.

Oh, and the woman who was part of the ‘peaceful protestors’ who forcibly entered the gated community will soon be sworn in as a Congresswoman.


4 posted on 12/10/2020 9:36:41 PM PST by hanamizu
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To: Mount Athos

This time, both justice and logic have prevailed.
You see that, Mr.Soros? Your hired stooge has been back benched on this attempt to make a show trial.


5 posted on 12/10/2020 9:38:17 PM PST by lee martell
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To: Mount Athos

The indictment states that a semiautomatic pistol was altered in a way that “obstructed the prosecution of Patricia McCloskey” on the weapons charge. >>>>>>>>>>>>>>

The tampering was that her pistol was unloaded at the time.


6 posted on 12/10/2020 9:40:38 PM PST by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
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To: Mount Athos

It baffles me the barbarians can tear down the walls, the folks inside those walls defending their castle are being judged. Evil is good?


7 posted on 12/10/2020 9:40:59 PM PST by Karliner (Heb 4:12 Rom 8:28 Rev 3, "...This is the end of the beginning." Churchill)
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To: Mount Athos

Now sue Gardner for malicious prosecution.


8 posted on 12/10/2020 9:45:31 PM PST by Fedora
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To: hanamizu

No Democrat Governor, Attorney General, District Attorney, Mayor or City Councilman, in any of the destroyed cities, lost their job in the last election.


9 posted on 12/10/2020 9:46:24 PM PST by Mr. N. Wolfe
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To: Candor7
The tampering was that her pistol was unloaded, and had been assembled so that the firing pin could not engage a correctly loaded cartridge at the time.
10 posted on 12/10/2020 11:30:27 PM PST by Don W (When blacks riot, neighbourhoods and cities burn. When whites riot, nations and continents burn.)
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To: Karliner
It baffles me the barbarians can tear down the walls, the folks inside those walls defending their castle are being judged. Evil is good?

Isaiah 5:20

11 posted on 12/10/2020 11:40:53 PM PST by Mark17 (USAF Retired. Father of a US Air Force commissioned officer, and trained Air Force combat pilot. )
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To: Mount Athos

Bump


12 posted on 12/11/2020 12:41:17 AM PST by Guenevere (No weapon formed against you shall prosper, and you will refute every tongue that accuses you(Isaiah)
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To: Mount Athos

St. Louis DA Kim Gardner is in office because of huge Soros money dumped into her campaign. She isn’t interested in justice.


13 posted on 12/11/2020 12:57:02 AM PST by FreedomPoster (Islam delenda est)
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To: Don W

She was in effect, brandishing a deactivated weapoon that was the equivalent of less than a water pistol.

This is tampering with evidence? They are accusing her of deactivating the pisto, after the fact. Thay have to prove it.She doesn’t need to do a thing. These socialists liberal fascists need a halt. And Soros? He needs to be sent off to his just rewards.Selective prosecution will dismantle our nation.So we dismantle Soros. Its simple.


14 posted on 12/11/2020 4:40:58 AM PST by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
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To: Mr. N. Wolfe

China $$$.


15 posted on 12/11/2020 5:32:50 AM PST by Basket_of_Deplorables (This is all a Soros funded communist insurrection! )
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To: Mount Athos; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ..

RKBA Ping List


This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

More 2nd Amendment related articles on FR's Bang List.

16 posted on 12/11/2020 6:18:27 AM PST by PROCON (Molon Labe)
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To: Mount Athos

She deserves and should be charged with Official Oppression, Tampering with Evidence and Obstruction of Justice at the very least.


17 posted on 12/11/2020 6:24:09 AM PST by Howie66 ("Ghislane Maxwell Didn't Kill Herself" )
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To: Don W
Don W :" The tampering was that her pistol was unloaded, and had been assembled
so that the firing pin could not engage a correctly loaded cartridge at the time "

My understanding of the situation was that there was a question whether the firearm was tampered with,
after it had already been surrendered.
Any tampering by authorities after surrender should be listed on the 'Chain of Custody' form.
Any tampering by authorities would be used to determine whether the firearm was fully operational, and capable of ammunition discharge.

18 posted on 12/11/2020 6:35:03 AM PST by Tilted Irish Kilt
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To: Mark17

Amen. We’ve been duly warmed over and over of these days, evil all the day long.


19 posted on 12/11/2020 6:47:43 AM PST by Karliner (Heb 4:12 Rom 8:28 Rev 3, "...This is the end of the beginning." Churchill)
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To: Karliner
Amen. We’ve been duly warmed over and over of these days, evil all the day long.

As in the days of Noah?

20 posted on 12/11/2020 7:18:13 AM PST by Mark17 (USAF Retired. Father of a US Air Force commissioned officer, and trained Air Force combat pilot. )
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