Kim Gardner has been one of the nation’s most politicized prosecutors since she was elected as Circuit Attorney for the city of St. Louis. The Soros-supported prosecutor dropped all charges against rioters and looters who were arrested during the violence that followed the death of George Floyd.
But in June, when the McCloskey’s stood in front of their home holding firearms as BLM marchers trespassed in their Central West End neighborhood, Gardner spring into action.
As Gardner said at the time,
Gardner issued a statement late Monday morning, stating that she was “alarmed at the events that occurred over the weekend, where peaceful protesters were met by guns and a violent assault.” She added that her office is “currently working with the public and police to investigate these events.”
Gardner concluded her statement with these words: “Make no mistake: we will not tolerate the use of force against those exercising their First Amendment rights, and will use the full power of Missouri law to hold people accountable.”
She charged both of the McCloskeys with felonies.
But there was more to it than that. Gardner used the McCloskey investigation and prosecution to raise campaign funds. In fact, Gardner sent out a fundraising solicitation even before she charged the couple.
From KSDK . . .
Attorney Joel Schwartz cited a July 17 campaign email in his motion, which was sent three days before his clients, Mark and Patricia McCloskey, were charged with unlawful use of a weapon.
“The July 17th email drew a direct line from the incident, which had not yet resulted in criminal charges, to Ms. Gardner’s political antagonists and from there to a call for donations to further her re-election efforts,” he wrote. “It implied that the defendant was among those ‘perpetuating a system of systemic racism and police brutality.’”
That move by Gardner prompted Mark McCloskey’s attorney to move for the prosecutor’s disqualification from the case. Yesterday a circuit court judge granted that request.
Circuit Judge Thomas Clark II on Thursday dismissed Circuit Attorney Kim Gardner and her entire staff, saying campaign fundraising emails Gardner sent to constituents that alluded to Mark and Patricia McCloskey’s case “raise the appearance of impropriety and jeopardize the defendant’s right to a fair trial,” The Associated Press reported.
The ruling means Gardner can no longer oversee McCloskey’s prosecution. Instead, a special prosecutor will have to be selected to take over. The decision does not apply to McCloskey’s wife, Patricia, who is scheduled to appear before a different judge on Jan. 15.
At least not yet. Look for a similar ruling in Patricia’s case as well.