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St. Louis circuit attorney off McCloskey gun case after using it for fundraising, judge rules
Fox News ^ | 12/11/20 | Dom Calicchio

Posted on 12/11/2020 1:53:10 AM PST by conservative98

emails by Circuit Attorney Kim Gardner infringed on the McCloskeys’ right to receive a fair trial, Circuit Judge Thomas Clark II ruled Thursday, according to the St. Louis Post Dispatch.

Gardner’s emails suggested that by charging the McCloskeys in July, she appeared to have “initiated a criminal prosecution for political purposes,” the judge wrote, according to the newspaper.

“Like a needle pulling thread, she links the defendant and his conduct to her critics,” Clark wrote. “These emails are tailored to use the June 28 incident to solicit money by positioning her against defendant

[cut]

Following Thursday’s ruling, Gardner spokeswoman Allison Hawk said the Circuit Attorney’s Office “will review the court order and determine our options.”

Mark and Patricia McCloskey drawing their firearms on the crowd marching toward St. Louis Mayor Lyda Krewson's home in June. (Reuters) Mark and Patricia McCloskey drawing their firearms on the crowd marching toward St. Louis Mayor Lyda Krewson's home in June. (Reuters) The ruling was a win for the McCloskeys after they requested Gardner’s removal from the case in October, citing the fundraising emails.

It was not clear what the next step would be in the McCloskey case. If a special prosecutor is assigned to the case in place of Gardner, that person could decide to dismiss the charges against the McCloskeys, FOX 2 reported.

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


TOPICS: News/Current Events
KEYWORDS: kimgardner; markmccloskey; mccloskey; patriciamccloskey; thomasclark

1 posted on 12/11/2020 1:53:10 AM PST by conservative98
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To: conservative98

There is no justification for charges.


2 posted on 12/11/2020 2:05:02 AM PST by exnavy
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To: conservative98

How does this not warrant a dismissal of the case? Then again they shouldn’t have been charged in the first place.


3 posted on 12/11/2020 2:13:14 AM PST by Redcitizen
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To: Redcitizen
How does this not warrant a dismissal of the case?

If we look back in history, these people always claim that everything they do is "legal."

In the 1930s, Nazi judges ruled that racial purity laws, forced deportations, gun confiscation, and other abominations were "legal."


4 posted on 12/11/2020 3:03:17 AM PST by SkyPilot ("I am the way and the truth and the life. No one comes to the Father except through me." John 14:6)
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To: SkyPilot
If we look back in history, these people always claim that everything they do is "legal."

Exactly. Even the Soviets put a veneer of "legality" on their actions, when the only rule of law was whatever Lenin or Stalin or whoever said, at that moment in time.

Their law is:

Whatever advances our power is law.

Whatever works against us is illegal.

We decide which is which, on a case by case basis, at the moment of decision.

If we change our minds, later, then that becomes the law, retroactively.

5 posted on 12/11/2020 3:19:32 AM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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To: marktwain

Psychopaths all.


6 posted on 12/11/2020 3:52:21 AM PST by yldstrk (Bingo! We have a winner!)
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To: conservative98

Isn’t this the Soros-bought-abd-paid-for DA?


7 posted on 12/11/2020 5:54:02 AM PST by sauropod (Let them eat kale. I will not comply. Sic semper evello mortem tyrannis.)
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To: sauropod
Yes.

The court decision is a beautiful thing to read.

8 posted on 12/11/2020 6:16:40 AM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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To: conservative98

They never broke the law. I don’t see another prosecutor bothering to charge them.


9 posted on 12/11/2020 7:03:24 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: conservative98

The McKloskeys will end up walking on this. It is their property and no shots were fired. You’ll never get a jury to vote to convict.

The damage to the McKloskeys is financial, which they may end up recovering in time.


10 posted on 12/11/2020 7:44:01 AM PST by lurk ( )
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To: SkyPilot

Agreed! Legal and moral are two different things and democrat judges are definitely not moral.

JoMa


11 posted on 12/11/2020 8:28:50 AM PST by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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