More hits for the Soros-funded Missouri Circuit attorney Kimberly Gardner. A Circuit Court Judge has kicked her off the McCloskey gun case.
“A judge Thursday will disqualify Circuit Attorney Kimberly M. Gardner and her office from a gun case against Mark McCloskey, who with his wife pointed firearms at protesters outside their Central West End home in June, according to a source familiar with the case.
“Circuit Judge Thom Clark II is planning to order Gardner off the case against McCloskey, saying her campaign’s two fundraising emails sent before and after she charged McCloskey and his wife Patricia McCloskey with felony gun crimes in July raised the appearance that she started a prosecution for political gain.”
Gardner is known for her radical stances under the guise of “reforms”. She filed a lawsuit in January claiming the City of St. Louis, a special prosecutor, the police union and others were involved in a “racially motivated conspiracy” to remove her from office. Gardner claimed civil rights violations, along with violations of the Ku Klux Klan Act of 1871. A federal judge threw the case out.
Fortunately for the McCloskeys, she lost her bid to prosecute them, despite battling since July to maintain control of the prosecution.
“Gardner’s lawyers had pushed back on the McCloskeys’ attempt to remove Gardner, saying she has the right to defend against attacks from Republican political foes from Missouri and elsewhere. The campaign emails, her lawyers have said, contained only generic references to the McCloskeys without mentioning them by name, made no promises to prosecute them in exchange for votes and amounted to constitutionally protected ‘campaign speech.’ “
Apparently, the Circuit Court Judge did not see it this way. A presiding Judge in the McCloskeys district will appoint a special prosecutor to try the case.
“The judge’s order will deal a political blow to Gardner, whose office has waged numerous legal challenges to defend her practices and reform-minded agenda during her first term.
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“The order will direct the 22nd Circuit’s presiding judge to appoint a special prosecutor in the case. Patricia McCloskey’s case is assigned to Circuit Judge Michael Stelzer, who will replace Circuit Judge Rex Burlison as the circuit’s presiding judge next year.”
In July, Gardner charged Mark and Patricia McCloskey with felony unlawful use of a weapon and evidence tampering, and looked to make them an example of White Supremacy in their “attack” on “peaceful” BLM protests. Gardner claimed the McCloskeys actions created the risk of bloodshed, even though Missouri law allows the use of force—even if it is lethal—in defense of life and property.
The video of the McCloskeys’ confrontation with the BLM protestors went viral, and they have since taken on the mantle of folk heroes. The McCloskeys have received the support of President Donald Trump and were invited to speak during the Republican National Convention. Missouri’s Republican Governor Michael Parsons has vowed to pardon the couple should they be convicted on the weapons charges.
Sadly, we will not see the last of spurious and biased prosecutorial overreach by Gardner. With the backing of Bernie Sanders, and the support of Congressional candidate and now newest Squad member Cori Bush, Gardner won re-election, apparently by a wide margin.
Last night was full of incredible victories in our movement for a more progressive America.
— Bernie Sanders (@BernieSanders) August 5, 2020