Federal Judge Refuses To Dismiss Charges Against Baltimore State’s Attorney Marilyn Mosby, Rejects Claims Of Racism
State's Attorney for Baltimore, Maryland, Marilyn J. Mosby is interviewed by Shoshana Guy, Senior Producer NBC News (not pictured) on August 24, 2016 in Baltimore, Maryland.
Larry French/Getty Images for BET Networks

A federal judge has denied Baltimore State’s Attorney Marilyn Mosby’s request to have the charges against her dismissed and further rejected her claims to be targeted because of her race.

Mosby was federally indicted in January 2022 on charges of perjury and making a false statement on a loan application. Her attorney, A. Scott Bolden, argued in court last Thursday that the charges against Mosby came from Assistant U.S. Attorney Leo Wise’s personal – and racial – animosity toward Baltimore’s top prosecutor. Bolden argued that the charges should be dismissed for that reason, or that Wise should be removed from prosecuting the case, WTOP reported.

But U.S. District Judge Lydia Kay Griggsby refused to dismiss the case, saying Mosby failed to meet the legal standard for dismissing the case outright or to have the prosecuting attorney removed. Griggsby also rejected Mosby’s claims of “animus” and “selective and vindictive prosecution,” WTOP reported.

“Bolden argued that Wise has a ‘penchant’ for prosecuting Black politicians and that he displayed animosity toward Mosby when he contributed $200 to her political opponents in 2018. He also alleged that Wise was belligerent in a meeting and that prosecutors failed to present potentially exculpatory evidence to a grand jury,” the outlet reported.

“We think these are powerful facts,” Bolden said. “We think you gotta do something about this. This is not a clean indictment.”

Wise, in turn, accused Bolden and Mosby of creating “a victim fantasy… to deflect from the defendant’s conduct,” claiming their allegations are “a jumble of baseless and poorly reasoned personal attacks… divorced from the law on selective and vindictive prosecutions.”

“This is a play that politicians do,” he added, according to WTOP.

Wise further argued that public corruption cases must go through a rigorous process and get approval from an internal “indictment review committee,” saying that he “could no more decide whether to indict someone than I could authorize air strikes into Russia.”

Assistant U.S. Attorney Sean Delaney, Wise’s co-counsel, told Griggsby that the prosecution brought a case against Mosby “because a federal grand jury found probable cause.”

Griggsby rejected Mosby’s claims of racial animus, writing in her ruling that the objections “amount to objections or differences of opinions.” The judge also ruled that Wise’s prior donations to Mosby’s campaign opponents were not evidence of unfair targeting.

Following the ruling, Mosby said she was innocent, telling reporters “I’m going to fight and I’m going to prevail, like I always do.”

Bolden also asserted his client’s innocence.

“This fight continues,” he said. “This is one step in the ongoing fight and the struggle for her freedom and her liberty and for her success — politically, personally and family-wise.”

Mosby is accused of lying about being negatively impacted by COVID-19 and using the excuse to withdraw $40,000 from her Baltimore City retirement account, The Daily Wire previously reported. Prosecutors allege she did not face any financial hardship due to COVID-19 and that she allegedly used the money to purchase two properties in Florida. She is also charged with making false statements on mortgage applications, failing to note that she had unpaid federal taxes and that the IRS had placed a $45,000 lien against properties she and her husband owned.

Despite the indictment, Mosby is on the ballot for re-election in November.

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