A federal circuit court judge just disqualified the lawyer who Senator Tom Cotton likes to call a “Soros-funded prosecutor.” Kimberly M. Gardner, Esq. “initiated a criminal prosecution for political purposes.” Only violent criminals can escape prosecution in St. Louis, Missouri.
Political prosecutor tossed by the Judge
Liberal prosecutor Kimberly M. Gardner was tossed out of Circuit Judge Thomas Clark II’s courtroom so hard she bounced.
This is the same political hack of a lawyer who Arkansas Republican Senator Tom Cotton wrote about, saying, “St. Louis’s Soros-funded prosecutor let dozens of violent rioters go free, she sued her own police department, and murder has skyrocketed under her watch.
Yet despite refusing to arrest violent criminals, she targets a family with a felony for guarding their home.”
“We were threatened with our lives, threatened with the house being burned down, my office building being burned down, even our dog’s life being threatened. It was about as bad as it can get. You know, I really thought it was the storming of Bastille, that we would be dead and the house would be burned and there was nothing we could do about it. It was a huge and frightening crowd and they broke in the gate and they were coming at us.”
Mark and Patrica McCloskey decided to defend themselves with firearms, as encouraged by the Second Amendment to the Constitution. Following the Constitution only gets folks in trouble with the law in St. Louis. One judge isn’t going to sit still for it.
Clark explained in his ruling that raising election campaign money off a pending case made it blatantly obvious that the attorney was only prosecuting Mark McCloskey for political purposes.
She also is persecuting his wife, Patricia, but in another court. The ruling is expected to be matched by a counterpart down the hall shortly. Defense attorney Joel Schwartz is preparing a motion requesting that Circuit Judge Michael Stelzer adopt Clark’s ruling in Patricia McCloskey’s case.
“We would like a fair-minded prosecutor to take a look at the alleged crimes and reassess the evidence and see what they come up with because we don’t believe any of the evidence supports any of the charges.
An appearance of impropriety
What cheesed Judge Clark off the most were “two fundraising emails that Gardner’s reelection campaign sent in response to political attacks before and after she charged Mark and Patricia McCloskey with felony gun crimes in July.”
Clark wants to know what happened to an equitable criminal justice system and the rule of law? “The court finds the emails raise an appearance of impropriety and warrant disqualification.”
“In short,” Judge Clark emphasizes, “the Circuit Attorney’s conduct raises the appearance that she initiated a criminal prosecution for political purposes. Immediately before and after charging Defendant, she solicited campaign donations to advance her personal interests.” That is a big no-no.
She made her improper and unethical bias crystal clear when she announced on TV that she was going to nail the McCloskeys, whether they did anything wrong or not.
“It is illegal to wave weapons in a threatening manner at those participating in nonviolent protest, and while we are fortunate this situation did not escalate into deadly force, this type of conduct is unacceptable in St. Louis.” That protest was anything but non-violent.
“as soon as I said ‘this is private property,’ those words enraged the crowd,” Mark McCloskey told the press. “Horde, an absolute horde came through the smashed-down gates, coming right at the house. And then I stood out there.”
He wasn’t threatening anyone. All he said was “This is private property, go back, private property, leave now.” The mob rushed the gates.
“One person pulled out [some] loaded pistol magazines and he clicked them together and he said, ‘You’re next,’ It was a huge and frightening crowd and they broke in the gate and they were coming at us.” Judge Clark understands the difference it makes.