Court Disqualifies Soros-backed Prosecutor Kim Gardner for Fundraising off McCloskey Case
11 Dec 2020
A judge in St. Louis has kicked George Soros-backed St. Louis Circuit Attorney Kim Gardner off the prosecution of Mark McCloskey because she used the case in fundraising emails.
Mark and his wife, Patricia, were charged with two felonies, unlawful use of a weapon and tampering with evidence, after they emerged on their porch with a pistol and an AR-15 to confront Black Lives Matter protesters on their private property in June. They have pleaded not guilty.
Garnder sent two fundraising emails in which she mentioned the case. The
Judge dismisses St. Louis Circuit Attorney Kim Gardner from Mark McCloskey case
The couple s attorneys argued Gardner s email solicitations for campaign contributions demonstrated she and her office have a personal interest in the case Author: Christine Byers (KSDK) Updated: 8:24 AM CST December 11, 2020
ST. LOUIS A St. Louis judge has disqualified Circuit Attorney Kimberly Gardner and her office from prosecuting Mark McCloskey s case, saying campaign fundraising emails she sent before and after issuing charges against the couple “raise the appearance of impropriety and jeopardize the defendant’s right to a fair trial.”
Judge Thomas Clark’s ruling comes about six weeks after the attorneys for Mark and Patricia McCloskey argued their motion to disqualify Gardner and her office from the case, saying her emailed solicitations for campaign contributions demonstrated she and her office have a personal interest in the case and jeopardized Ma
Judge Removes Prosecutor From McCloskey Gun Case Because She Used It to Raise Money
A judge in Missouri on Thursday ordered the removal of St. Louis Circuit Attorney Kim Gardner from a high-profile gun case after she used it to fundraise.
Courts have held that a prosecutor should be disqualified if he or she has a personal interest in the outcome of the prosecution, Circuit Judge Thomas Clark II said in a 23-page order.
“This court does not seek to ‘interfere with the democratic process’ but strongly believes the present ‘circumstances’ justify disqualification,” Clark wrote. “Deference to precedent, acknowledging the will of the voters, and respecting separation of powers are all vital to a representative government, an equitable criminal justice system, and the rule of law. Likewise, campaigning without tainting the right to a fair trial is equally compelling and constitutionally sacred.”