Circuit Judge Thomas Clark II cited 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. The judge said the email raised the appearance that Gardner “initiated a criminal prosecution for political purposes.”
From McCloskey: “ The Circuit Court has disqualified Kim Gardner and the entire St. Louis Circuit Attorney's office from the case against me. We will ask the Judge in Patty's case to do the same!”
Case hasn't been dismissed yet and I'm sure a couple of smart ruthless attorneys will file suit on her for malicious prosecution when it is. If they settle it could include Gardner's disbarment or sanctions. Now that would be REKT.
I was hoping to see this. Just dismissing the charges isn't enough. A message needs to be sent for those who abuse their office for political purposes. She should be disbarred.
I hope after they get their winnings they start some 501(c)3's to go after the leftists. Basically all the old civil rights ones are completely taken over by racists.
Not sure why there is no discussion on a defense move to dismiss all charges. That would motion would have been ready to file as soon as this order came down. If the prosecution has an appearance of being brought for political purposes and dismissal of the prosecutor is warranted, how do the charges survive? A different prosecutor should have to make a decision to re-file, if they are that stupid.
Usually, courts are allergic to doing more than one thing at a time, and with usually good reason. Ruling the prior prosecutor was politically motivated is a big job because it’s so rarely done, and it needs to be bulletproof. Throwing out the charges on top of it would add in a weakness to the decision that could be attacked, because now it’s not just a ruling on the prosecutor, but also the case.
Plus, now the case needs a new prosecutor, which means they’re coming in with an even harder task: prove the case should go forward, and also prove you aren’t politically motivated like the last prosecutor was.
On that note, shouldn't the prosecutor also be sanctioned? I suppose a removal is a lesser sanction, but the defendants should be entitled to their attorney fees for this.
A sanction is another way it could be challenged. A typical court is very comfy when it’s well wrapped in legal precedent and extremely clear facts. It might be okay with saying “this prosecutor demonstrated political aims in this particular case by making campaign ads about it” but it’s on shakier grounds trying to say “and this is such a severe problem from this prosecutor that a sanction is needed.” As always, a sensible court will move as little as possible, and we want them to, really. Letting them get all activist and not just rule, but punish, is inviting them to legislate and execute from the bench, and is dangerous as fuck.
Also, being removed from a case due to bias is already a huge rebuke of the prosecutor. They were basically willing to say to the public that this prosecutor is compromised and can’t be trusted to be unbiased in their job. Prosecutors and judges are very, very close in the legal profession. Kicking one of them out of the club may be censure
enough to possibly break their career...especially if that prosecutor had plans for higher courts, or public office.
I don't know what the fix is, but I know what the cause is. If you are a good lawyer, chances are you do not take this prosecutor job. Because it is shit work with shit pay. Democrats seem to be the ones that can politically advance their careers by taking jobs like these. Republicans don't seem to work the system that way. So Soros can get his brood installed in unopposed elections. And they carry out the marching orders for a cut of the skim and promises of future plunder. Its fucked.
Circuit Judge Thomas Clark II cited 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. The judge said the email raised the appearance that Gardner “initiated a criminal prosecution for political purposes.”
https://www.stltoday.com/news/local/crime-and-courts/st-louis-judge-to-disqualify-gardner-from-prosecuting-gun-waving-case/
From McCloskey: “ The Circuit Court has disqualified Kim Gardner and the entire St. Louis Circuit Attorney's office from the case against me. We will ask the Judge in Patty's case to do the same!”
GET REKT CUNT!
Cunt already wrecked - cannot compute
Case hasn't been dismissed yet and I'm sure a couple of smart ruthless attorneys will file suit on her for malicious prosecution when it is. If they settle it could include Gardner's disbarment or sanctions. Now that would be REKT.
I was hoping to see this. Just dismissing the charges isn't enough. A message needs to be sent for those who abuse their office for political purposes. She should be disbarred.
It will only continue without consequences.
Wonder if they can sue the prosecutor personally.
They are both lawyers, I'm sure they can find a way.
Oh yes, it’s called ‘malicious prosecution’
Good for them. I hope they hound that person until they are their family are broke and homeless.
"You can't defend yourself against an actual racist mob threatening to kill you and burn your house down. Because your skin color".
I'm reasonably sure they deal in civil rights violations
That's an actual lol from me.
I hope after they get their winnings they start some 501(c)3's to go after the leftists. Basically all the old civil rights ones are completely taken over by racists.
Me too, fren. Me too.
Of course it's a woman
Links busted
Hmm, that’s VERY weird. I checked it out, only broken if sourcing from TDW. Works fine if copied into another browser.
That is weird
404 error on link
See above
Good news to hear!
Ha ha
Not sure why there is no discussion on a defense move to dismiss all charges. That would motion would have been ready to file as soon as this order came down. If the prosecution has an appearance of being brought for political purposes and dismissal of the prosecutor is warranted, how do the charges survive? A different prosecutor should have to make a decision to re-file, if they are that stupid.
Usually, courts are allergic to doing more than one thing at a time, and with usually good reason. Ruling the prior prosecutor was politically motivated is a big job because it’s so rarely done, and it needs to be bulletproof. Throwing out the charges on top of it would add in a weakness to the decision that could be attacked, because now it’s not just a ruling on the prosecutor, but also the case.
Plus, now the case needs a new prosecutor, which means they’re coming in with an even harder task: prove the case should go forward, and also prove you aren’t politically motivated like the last prosecutor was.
It’s a good but narrow ruling.
On that note, shouldn't the prosecutor also be sanctioned? I suppose a removal is a lesser sanction, but the defendants should be entitled to their attorney fees for this.
A sanction is another way it could be challenged. A typical court is very comfy when it’s well wrapped in legal precedent and extremely clear facts. It might be okay with saying “this prosecutor demonstrated political aims in this particular case by making campaign ads about it” but it’s on shakier grounds trying to say “and this is such a severe problem from this prosecutor that a sanction is needed.” As always, a sensible court will move as little as possible, and we want them to, really. Letting them get all activist and not just rule, but punish, is inviting them to legislate and execute from the bench, and is dangerous as fuck.
Also, being removed from a case due to bias is already a huge rebuke of the prosecutor. They were basically willing to say to the public that this prosecutor is compromised and can’t be trusted to be unbiased in their job. Prosecutors and judges are very, very close in the legal profession. Kicking one of them out of the club may be censure enough to possibly break their career...especially if that prosecutor had plans for higher courts, or public office.
I don't know what the fix is, but I know what the cause is. If you are a good lawyer, chances are you do not take this prosecutor job. Because it is shit work with shit pay. Democrats seem to be the ones that can politically advance their careers by taking jobs like these. Republicans don't seem to work the system that way. So Soros can get his brood installed in unopposed elections. And they carry out the marching orders for a cut of the skim and promises of future plunder. Its fucked.
No argument here.
Based
ANYONE HEAR WHAT HAPPENED TO FLYNNS WHITE HATS??
SUPPPSED TO BE INSPECTING MACHINES
Should throw out the case!
Maybe there's hope for my home yet.
Now disbar the piece of shit. They don't need to be "practicing" law.
Huh. Worst boss I ever had was named Tom Clark.
Different guy tho.
Finally More common sense please
"...until you see the whites of their eyes"