Justice: Judge disqualifies prosecutor — and her entire office — from one McCloskey case for politic

[mystery-ak]

Justice: Judge disqualifies prosecutor — and her entire office — from one McCloskey case for politicizing it

Ed Morrissey Posted at 9:04 am on December 11, 2020

Kim Gardner won her election while using Mark McCloskey as a fundraising tool. She just lost in court for the same reason. A Missouri judge took the unusual step of disqualifying the prosecutor and her entire office from prosecuting McCloskey, scolding Gardner for politicizing the case (via Cam Edwards at Bearing Arms):


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Gardner had argued against the motion from the defense, saying that her campaign communications were intended to rebut criticism from the governor, president, and “right wing media.” Judge Thomas Clark didn’t buy that, in large part because he read the campaign materials:

    “If this is so, why mention defendants?” Clark wrote. “…If responding to her critics was the intent of the campaign solicitations, it seems reasonable that she would focus on them, not the defendants.

    “This email language extends beyond campaign rhetoric. Rather, it seeks to seemingly energize supporters to contribute by referencing defendant, his conduct and even his social status…The twin fundraising solicitations paint defendant as a wealthy elitist and perhaps worse.”

    Clark cited the July 17 email in which Gardner references the McCloskey home as a “mansion.” In a July 22 email, Gardner references her efforts to “stand up against a system that elevates the privileged and powerful,” and hold offenders “accountable.” …

    “Ms. Gardner has every right to rebut criticism, but it appears unnecessary to stigmatize defendant – or even mention him – in campaign solicitations, especially when she purports to be responding to others,” he wrote. “In fact, the case law and Rules of Professional Conduct prohibit it.” …

    “These email solicitations aim to raise money using the defendant and the circumstances surrounding the case to rally Ms. Gardner’s political base and fuel contributions.”

There’s a price for demagoguery, it seems. At least in Missouri.

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https://hotair.com/archives/ed-morrissey/2020/12/11/justice-judge-disqualifies-prosecutor-entire-office-one-mccloskey-case-politicizing/

[PeteS in CA]

So, does this directly demolish the frivolous prosecution? Or "merely" transfer it to another prosecutor who might recognize the case as bogus?

[Cyber Liberty]

So, does this directly demolish the frivolous prosecution? Or "merely" transfer it to another prosecutor who might recognize the case as bogus?

Good luck to Gardner finding one who would not throw it out instantly.  Maybe the Prosecutors in Kansas City?

[PeteS in CA]

Good luck to Gardner finding one who would not throw it out instantly.  Maybe the Prosecutors in Kansas City?

St. Louis and KC are on opposites sides of the state, so probably not.

For some reason Mr. and Mrs. McCloskey's cases are being handled by different judges. This ruling is in Mr. McCloskey's case, though his wife's attorney will be asking for the same to be ruled in her case.

Why does having the two cases this separate smell of lawfare, a separation designed to make it more expensive for the McCloskeys to defend themselves?

[Cyber Liberty]

St. Louis and KC are on opposites sides of the state, so probably not.

For some reason Mr. and Mrs. McCloskey's cases are being handled by different judges. This ruling is in Mr. McCloskey's case, though his wife's attorney will be asking for the same to be ruled in her case.

Why does having the two cases this separate smell of lawfare, a separation designed to make it more expensive for the McCloskeys to defend themselves?

Because that's the purpose...to bankrupt the McCloskeys.  The process is meant to be the punishment.

[Weird Tolkienish Figure]

The Governor has already said he'd pardon these people. They did absolutely nothing wrong.

[HoustonSam]

Justice: Judge disqualifies prosecutor — and her entire office — from one McCloskey case for politicizing it

Kim Gardner won her election while using Mark McCloskey as a fundraising tool. She just lost in court for the same reason. A Missouri judge took the unusual step of disqualifying the prosecutor and her entire office from prosecuting McCloskey, scolding Gardner for politicizing the case (via Cam Edwards at Bearing Arms):

Maybe the McCloskeys could now make a case for slander, not against Kim Gardner DA, but against the Gardner campaign.  Whatever campaign funds she is still sitting on would certainly help with the McCloskeys legal expenses.

[Cyber Liberty]

The Governor has already said he'd pardon these people. They did absolutely nothing wrong.

True, but they don't need to have judges pull an "Emmet G. Sullivan" and declare them guilty as sin, despite the Pardon.

[Cyber Liberty]

Maybe the McCloskeys could now make a case for slander, not against Kim Gardner DA, but against the Gardner campaign.  Whatever campaign funds she is still sitting on would certainly help with the McCloskeys legal expenses.

I've always liked the way you think.   

[PeteS in CA]

https://hotair.com/archives/john-s-2/2020/12/28/kim-gardner-appeals-judges-decision-disqualifying-mccloskey-case/

Kim Gardner Appeals Judge’s Decision Disqualifying Her From Mark McCloskey’s Case

Earlier this month, a judge sided with Mark McCloskey and disqualified prosecutor Kim Gardner and everyone in her office from his case. Just before Christmas, Gardner appealed that decision claiming the judge abused his discretion.

Should Judge Thomas Clark II’s order disqualifying Circuit Attorney Kimberly Gardner from the Mark McCloskey case stand, it will set “an extremely low standard,” by which a judge can remove an elected prosecutor from a case, according to an appeal Gardner filed Tuesday.

Missouri Court of Appeals Eastern District Judge Robin Ransom gave Clark until Jan. 4 to respond to Gardner’s appeal, which could delay the appointment of a special prosecutor to the case.

…”If respondent’s order is allowed, it sends a clear message to defendants that an acceptable pre-trial strategy is to drum up coverage in the media in order to paint the picture that a prosecutor has an improper interest in a case.”

Chutzpah.

[Cyber Liberty]

https://hotair.com/archives/john-s-2/2020/12/28/kim-gardner-appeals-judges-decision-disqualifying-mccloskey-case/

Kim Gardner Appeals Judge’s Decision Disqualifying Her From Mark McCloskey’s Case


Chutzpah.

"Low Standard?"  She used the unconvicted Defendants names to get reelected!