Tipsheet

Victory: Missouri AG Intervenes to Drop Charges Against St. Louis Couple Who Fended off Mob With AR-15

Matt Vespa
Matt Vespa  |  July 30, 2020 2:45 PM

In June, St. Louis couple Mark and Patricia McCloskey defended their home when a roving band of leftist rioters broke down the gate to their home and ventured onto their property. Both are lawyers. They defended themselves with their legally acquired firearms. Of course, this set off a firestorm among liberal media types. It’s as if they just ignored the weeks of riots, arson, looting, and violence against police in the aftermath of George Floyd’s death in Minneapolis in May. 

The police have been unable to truly bring order to the situation. The McCloskey response was not illegal. It was not out of control. It was right. And yet, they faced the legal wrath of God from St. Louis Prosecutor Kim Gardner who charged them with brandishing. Their weapons were seized by police. Well, now Missouri’s Attorney General Eric Schmitt is stepping to stop what pretty much is a politically motivated legal action against the McCloskeys. 

Before the attorney general’s intervention, the McCloskey’s attorney, Joel Schwartz, filed a motion to disqualify Gardner from pressing charges, citing remarks on her campaign literature (via CBS KMOV4 ): 

In a court filing, Joel Schwartz claims Circuit Attorney Kim Gardner should not be allowed to prosecute their case because of statements made by her campaign regarding the incident. The McCloskeys were charged by Gardner's office after they were seen pointing guns outside their home in the Central West End last month.

[…]

According to Wednesday's court filing, in one email, sent out before charges were filed, Gardner's campaign literature read: "You might be familiar with the story of the couple who brandished guns during a peaceful protest outside of their mansion” and “...President Trump and the Governor are fighting for the two who pointed guns at peaceful citizens...” The literature contained links to donate to her re-election campaign.

The filing also states campaign literature was sent after the charges, again referencing the McCloskeys' case and links to donate.

Gardner and attorney Mary Pat Carl are facing off in the Democratic primary Tuesday. The winner is the presumptive circuit attorney for the next four years.

Alas, justice has prevailed. Disturbingly, the same could not be said for former National Security Adviser Michael Flynn, who remains in legal purgatory, as the DC Court of Appeals will rehear arguments regarding the dismissal of his case.