Disgraced St. Louis Circuit Attorney <a href="https://www.dailywire.com/topic/kim-gardner" target="_blank" rel="noopener">Kim Gardner</a> is apparently missing in action as Missouri State Auditor Scott Fitzpatrick has made multiple attempts to locate her to ask questions about an ongoing audit of her former office.
Gardner&#8217;s office has been <a href="https://www.ksdk.com/article/news/politics/where-is-kim-gardner-missouri-auditor-wants-know/63-7e00c73e-f430-4398-9471-6e6041245bcf" target="_blank" rel="noopener">under investigation</a> since 2021, when former Auditor Nicole Galloway was still in office. Fitzpatrick stepped into the role in 2023, and subpoenaed a number of records from Gardner&#8217;s office – but the office reportedly only delivered some of the requested documents.
Fitzpatrick took Gardner to court in order to get the remaining information, but instead of cooperating with the investigation, she resigned from office in May of 2023. In the months since, Fitzpatrick has attempted to reach Gardner — either directly or through her attorneys — and has had no luck.
&#8220;This is a pattern of behavior with Kim Gardner, who hasn’t shown a willingness to be transparent or accountable,&#8221; Fitzpatrick said in a <a href="https://fox2now.com/news/missouri/auditors-cant-locate-former-st-louis-circuit-attorney-to-complete-state-audit/" target="_blank" rel="noopener">news release</a> on Monday. &#8220;Without question, she knows our audit is ongoing and that we want to speak with her about her time in office, but she has made no effort to comply with our requests or respond to our inquiries.&#8221;
Lieutenant Governor Mike Kehoe (R-MO) — who is currently running for governor — called out the former circuit attorney via X: &#8220;Where in the world is Kim Gardner? Dodging @FitzpatrickMO, apparently. Typical behavior for someone who refused to do her job.&#8221;
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Where in the world is Kim Gardner? 
Dodging <a href="https://twitter.com/FitzpatrickMO?ref_src=twsrc%5Etfw">@FitzpatrickMO</a>, apparently. Typical behavior for someone who refused to do her job. <a href="https://t.co/mR932Y0YBd">https://t.co/mR932Y0YBd</a>
&mdash; Mike Kehoe (@MikeLKehoe) <a href="https://twitter.com/MikeLKehoe/status/1787560440165216628?ref_src=twsrc%5Etfw">May 6, 2024</a></blockquote>
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&#8220;As I said when she abruptly resigned from office to avoid complying with a subpoena we were prepared to petition the court to enforce, Kim Gardner will be held accountable and we will do everything we can to make sure she answers for her time as Circuit Attorney,&#8221; Fitzpatrick said. &#8220;Right now her location is unknown and all efforts to reach out to her have been unsuccessful. However, we will do everything we can to locate her and get the answers to our inquiries that only she can provide and that taxpayers deserve.&#8221;
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Fitzpatrick has said that he plans to file his report with or without Gardner&#8217;s cooperation, but he has continued to try to reach her because he believes the citizens of Missouri deserve the clarification that she could potentially provide.
&#8220;I hope she will reconsider her decision to ignore the responsibility she has to cooperate with our audit process and come forward to provide answers to us and to the people of St. Louis,&#8221; Fitzpatrick said — and he asked anyone who might know how to reach Gardner to call the State Auditor&#8217;s Whistleblower Hotline at 800-347-8597 or email his office at moaudit@auditor.mo.gov.
WATCH:
<iframe loading="lazy" title="Raw video: Missouri Auditor Scott Fitzpatrick provides update on audit of Kim Gardner" width="500" height="281" src="https://www.youtube.com/embed/YBHYTrjB1O4?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe>

Judge expected to rule on requiring court orders to release names of blacklisted St. Louis police officers

‘Where In The World Is Kim Gardner?’: Disgraced St. Louis Circuit Attorney Is MIA As Auditor Seeks Answers

'Where In The World Is Kim Gardner?': Disgraced St. Louis Circuit Attorney Is MIA As Auditor Seeks Answers

Corruption

General

Kim Gardner

Missouri

St. Louis

U.S.

St. Louis Circuit Attorney Kimberly M. Gardner, a far-left prosecutor <a href="https://www.foxnews.com/politics/judge-shreds-soros-backed-prosecutor-moves-hold-criminal-contempt-rudderless-ship-chaos" target="_blank" rel="noopener">bankrolled</a> by Democrat megadonor George Soros, announced on Thursday that she is resigning from her position after facing pressure from the state&#8217;s Republican attorney general to resign and as she is facing a criminal contempt investigation for failing to do her job.
&#8220;Unfortunately, since the time I took office, as the first Black, female prosecutor in the State, people outside of the city have targeted me and, to advance their goals, have also targeted the fundamental rights of the city&#8217;s voters,&#8221; she claimed in a statement.
&#8220;In recent days, for example, The Missouri State Legislature began hearings on a bill that appears to permanently remove the right of every St. Louis voter to elect their Circuit Attorney, the only remaining elected position in our city&#8217;s criminal justice system,&#8221; she said. &#8220;Instead, that bill gives the Governor the power to appoint our city&#8217;s chief prosecutor.&#8221;
She bemoaned that pressure to remove her from office mirrored Florida Governor Ron DeSantis&#8217; decision to <a href="https://www.dailywire.com/news/desantis-sends-police-to-remove-woke-soros-prosecutor-from-office-for-failing-to-enforce-laws">remove</a> a Soros-backed state attorney last year. Another Soros-backed state attorney in Florida <a href="https://www.dailywire.com/news/soros-backed-prosecutor-in-florida-ron-desantis-is-building-a-case-to-remove-me-from-office">said</a> last week that she also expects DeSantis to remove her from office in the near future. DeSantis is the only governor to remove a Soros-backed prosecutor from office.
&#8220;This most recent bill is a part of a coordinated, long-standing strategy to undermine me and my efforts to make the City of St. Louis safer and fairer,&#8221; she claimed. &#8220;Since day one of my tenure as Circuit Attorney, I have experienced attacks on my reforms, on my judgment, on my integrity, on my prosecutorial discretion, on my responsibility to direct the limited resources of this office and more.&#8221;
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Gardner repeatedly portrayed herself as a victim throughout her statement, claiming that opponents were attacking her by making lots of “records requests” that stopped her office from functioning. She also claimed that criticisms of her “hard-working line attorneys” impacted their ability to perform their jobs.
“I can absorb those attacks, and I have,” she said, claiming that the people of her city were being disenfranchised and that prosecutors were being stopped from doing their jobs.
“If not for these two things, I would continue to fight tirelessly to maintain the job you selected me to serve,” she claimed. “The most powerful weapon I have to fight back against these outsiders stealing your voices and your rights is to step back.”
Her resignation is effective on June 1, 2023.
Missouri Judge Michael Noble <a href="https://www.dailywire.com/news/judge-appoints-special-prosecutor-to-build-case-against-soros-prosecutor-rudderless-ship-of-chaos">said</a> last week that he was appointing a special prosecutor to build a criminal contempt case against Gardner and Assistant Circuit Attorney Chris Desilets because they had repeatedly failed to show up in court.
“The circuit attorney’s office appears to be a rudderless ship of chaos,” Noble said in a court. “Ms. Gardner is the circuit attorney and it is her duty is to manage the caseload of each staff member. Mr. Desilets has approximately 104 felony cases. Any prudent practitioner would expect such a caseload to create countless irreconcilable conflicts. It does not appear she has made any reasonable efforts to prevent the resulting chaos. It appears that Ms. Gardner has complete indifference and a conscious disregard for the judicial process.”
Noble went as far as to say that the evidence supports the prospect that their level of contempt rises to a level of criminality.
“It appears that Ms. Gardner has complete indifference and a conscious disregard for the judicial process,” Noble said. “There is sufficient evidence of disdain and disrespect for the judicial process to determine that both Ms. Gardner and Mr. Desilets’ conduct support a finding of indirect criminal contempt. Furthermore, any attorney’s violation of a court’s order constitutes an intentional disobedience and shows a clear intent to disregard the power and authority of the judicial system process.”
Gardner was already facing a campaign from Missouri Attorney General Andrew Bailey to remove her from office because of her failure to protect victims from crime.
“As AG, I want to protect the people of St. Louis, and that includes protecting victims of crime and finding justice for them,” Bailey said, adding, “Instead of protecting victims, Circuit Attorney Gardner is creating them. My office will do everything in its power to restore order, and eliminate the chaos in St. Louis caused by Kim Gardner’s neglect of her office.”
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Instead of protecting victims, Circuit Attorney Gardner is creating them. My office will do everything in its power to restore order, and eliminate the chaos in St. Louis caused by Kim Gardner’s neglect of her office.
&mdash; Attorney General Andrew Bailey (@AGAndrewBailey) <a href="https://twitter.com/AGAndrewBailey/status/1628560434461569024?ref_src=twsrc%5Etfw">February 23, 2023</a></blockquote>
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Garnder&#8217;s announcement that she is resigning comes just a few days after she declared: “I ain’t leaving. I ain’t resigning. I ain’t doing nothing. You gonna have to remove me.”
This is a breaking news story; refresh the page for updates.

Soros-Backed Prosecutor Kim Gardner Resigning Over GOP Pressure To Remove Her, Criminal Contempt Case

George Soros

Embattled St. Louis Circuit Attorney Kim Gardner is under fire yet again — this time over the revelation that she has been enrolled in a post-graduate nursing program while still serving as an elected official.
According to the <a href="https://fox2now.com/news/kim-gardner/as-legal-battles-mount-kim-gardner-takes-nursing-classes/" target="_blank" rel="noopener">most recent reporting</a>, Gardner has been enrolled in a nursing program at Saint Louis University — and her enrollment in that program came after she took office in the St. Louis Circuit Attorney&#8217;s Office.
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Can&#39;t say I saw this coming: Embattled St. Louis Circuit Attorney Kim Gardner is currently enrolled in an advanced nursing program at Saint Louis University. Her spokesperson wouldn&#39;t answer <a href="https://twitter.com/RyanWKrull?ref_src=twsrc%5Etfw">@RyanWKrull</a>&#39;s questions about the time commitment <a href="https://t.co/NSyyZPBbtc">https://t.co/NSyyZPBbtc</a>
&mdash; Sarah Fenske (@sarahfenske) <a href="https://twitter.com/sarahfenske/status/1653799007708217344?ref_src=twsrc%5Etfw">May 3, 2023</a></blockquote>
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Missouri Attorney General Andrew Bailey, a Republican, had already launched an effort to remove Gardner from office via a quo warranto motion — which a judge <a href="https://fox2now.com/news/kim-gardner/judge-denies-kim-gardners-motion-to-dismiss-missouri-ag-case/" target="_blank" rel="noopener">allowed to proceed</a> — prior to learning that she was enrolled in the program.
Bailey announced at a Wednesday press conference that he had subpoenaed a number of documents from the school in an effort to determine whether Gardner had broken Missouri law when she enrolled in the program.
The attorney general cited a Missouri law — <a href="https://revisor.mo.gov/main/OneSection.aspx?section=56.445#:~:text=56.445.,Louis%20City)." target="_blank" rel="noopener">statute 56.445</a> — which requires the circuit attorney and her assistant circuit attorneys to &#8220;devote their entire time and energy to the discharge of their official duties.&#8221;
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Today, I held a press conference following my office’s issuance of subpoenas into Kim Gardner taking nursing classes. 
State law requires that the Circuit Attorney devote her full time and energy to discharge her duties, which it is clear she is failing to do. <a href="https://t.co/SQCxoiXMCr">pic.twitter.com/SQCxoiXMCr</a>
&mdash; Attorney General Andrew Bailey (@AGAndrewBailey) <a href="https://twitter.com/AGAndrewBailey/status/1653914806955417602?ref_src=twsrc%5Etfw">May 4, 2023</a></blockquote>
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&#8220;If the Circuit Attorney wants to be a nurse, she needs to cease pretending to be a prosecuting attorney,&#8221; Bailey said, adding, &#8220;Every minute she remains in office puts lives and property in St. Louis at risk.&#8221;
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Every minute she remains in office puts lives and property in St. Louis at risk.
&mdash; Attorney General Andrew Bailey (@AGAndrewBailey) <a href="https://twitter.com/AGAndrewBailey/status/1653915710651789317?ref_src=twsrc%5Etfw">May 4, 2023</a></blockquote>
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<a href="https://www.dailywire.com/news/judge-appoints-special-prosecutor-to-build-case-against-soros-prosecutor-rudderless-ship-of-chaos" target="_blank" rel="noopener">Gardner</a> has also been threatened — by at least one judge — with contempt charges after her office failed to send anyone to a murder trial.

St. Louis Prosecutor Under Fire For Allegedly Taking Nursing Classes On City Time

Crime

St. Louis Circuit Attorney Kim Gardner may face a fine or even jail time after her office failed to show up for a murder trial that was supposed to begin Monday morning.
According to <a href="https://fox2now.com/news/missouri/kim-gardner-faces-contempt-of-court-after-prosecutor-no-shows-murder-trial/" target="_blank" rel="noopener">reports</a>, the jury trial for Jonathan Jones, 18 — who is charged with first-degree murder and armed criminal action — was scheduled to begin at 9 a.m., but the assistant district attorney who was assigned the case was apparently on sick leave and no one else from the office took over the case.
Jones — who was charged pursuant to a shooting that took place near the riverfront in downtown St. Louis on September 6, 2021 — was present at the appointed time along with his public defender, Cecilia Appleberry.
When no one from Gardner&#8217;s office showed up, Appleberry immediately filed a motion to dismiss the case entirely – but Judge Scott Millikan <a href="https://www.stltoday.com/news/local/crime-and-courts/st-louis-judge-files-to-hold-kim-gardner-in-contempt-after-no-prosecutors-show-for/article_3a7dc7bc-dd5b-11ed-a795-f734f7f7ac49.html" target="_blank" rel="noopener">delayed the trial</a> for one week instead, demanding a response from Gardner&#8217;s office accounting for the failure to appear.
&#8220;This conduct thwarts and defeats the authority of the Circuit Court of the City of St. Louis,&#8221; Millikan wrote, calling on Gardner to either show cause as to why she should not be held in contempt — thus facing fines or even jail time — by April 24.
Gardner is scheduled to appear in another hearing on Tuesday, one in which the future of her position is before the court. Claiming that <a href="https://www.dailywire.com/news/missouri-ag-gives-st-louis-prosecutor-less-than-24-hours-to-resign-or-get-the-boot" target="_blank" rel="noopener">Gardner has failed</a> to perform her job to even bare minimum standards, Missouri Attorney General Andrew Bailey has filed a writ of quo warranto to remove her from office.
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&#8220;As AG, I want to protect the people of St. Louis, and that includes protecting victims of crime and finding justice for them,&#8221; Bailey said when he announced the filing on February 22. &#8220;Instead of protecting victims, Circuit Attorney Gardner is creating them. My office will do everything in its power to restore order, and eliminate the chaos in St. Louis caused by Kim Gardner’s neglect of her office.&#8221;

Embattled St. Louis Prosecutor Threatened With Jail Time After Prosecution Doesn’t Show Up At Murder Trial

Embattled St. Louis Prosecutor Threatened With Jail Time After Prosecution Doesn't Show Up At Murder Trial

Courts

A bystander stood and watched in shock as he captured a murder on video on Monday morning — out on the street in downtown St. Louis.
The shocking video was posted on Twitter by @ponziSTL, along with the following caption: &#8220;This was in #stl today in broad daylight. Dude executed him with not a care in the [world]. We have a corrupt George Soros funded prosecutor and 1/4 murders in St Louis actually are prosecuted. That’s what y’all get when you vote for soft on crime democrats. This is outcome. Another black man executed where’s BLM?&#8221;
The video, which was shot through a window from inside a nearby building, showed two black men on the street directly in front of the window — one sitting on the curb with his feet stretched into the street, and the other standing about five feet behind him. The men outside could not be heard, but two people inside the building could be heard discussing whether or not there had been a gunshot prior to the beginning of the video.
The second man, who was wearing black pants and a blue jacket with bright yellow sleeves, appeared to be struggling to load a handgun. &#8220;He just put a magazine in, he&#8217;s still trying to load it,&#8221; the person taking the video commented.
The man wrestled with the firearm for about 30 seconds before he was satisfied with his work — at which point he walked closer to the man who was seated and held the gun to his head.
The video cut away just as the shot rang out, and the person filming reacted immediately: &#8220;Oh my God. He just f***ing killed him. He just f***ing killed him.&#8221;
According to a <a href="https://www.ksdk.com/article/news/crime/shooting-downtown-st-louis-dome-at-americas-center/63-d5f9021b-b20d-4eeb-8b0f-2e6aebca0951" target="_blank" rel="noopener">report</a> from local NBC affiliate KSDK, the shooting took place in the 700 block of North Tucker Boulevard and was first reported to police just before 10 a.m. local time. The man who was shot was pronounced dead at the scene.
The man who was killed and the suspect who allegedly shot him were reportedly involved in an altercation at a nearby Shell station prior to the shooting.
The shooting comes as Democratic St. Louis Circuit Attorney Kim Gardner faces a potential ouster — Attorney General Andrew Bailey (R-MO) has <a href="https://dailywire.com/news/st-louis-prosecutor-misses-resignation-deadline-missouri-ag-forges-ahead-with-plan-to-oust-her/" target="_blank" rel="noopener">called for her removal</a> amid allegations that she has failed to fulfill her duties and <a href="https://dailywire.com/news/no-justice-for-victims-defendants-may-walk-on-over-4000-solved-cases-while-st-louis-circuit-attorney-does-nothing/" target="_blank" rel="noopener">prosecute criminals</a> in the city of St. Louis.
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USA, New York State, New York City, Crime scene barrier tape

Assailant Stops On Street Corner To Reload, Shoots Another Man In Broad Daylight

Gun Violence

Murder

Attorney General Andrew Bailey (R-MO) has given St. Louis Circuit Attorney <a href="https://dailywire.com/news/rogue-progressive-prosecutors-promote-lawlessness-not-reform/" target="_blank" rel="noopener">Kim Gardner</a> an ultimatum: resign by noon on Thursday, or be removed from office.
Bailey shared the news in a brief series of tweets posted on Wednesday evening, threatening to use the power of his own office to oust her if she refused to leave her office voluntarily.
&#8220;We are giving Kim Gardner until noon tomorrow to resign,&#8221; he began. &#8220;If she refuses, she will face immediate removal proceedings in the form of a writ of quo warranto brought by our office.&#8221;
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We are giving Kim Gardner until noon tomorrow to resign. If she refuses, she will face immediate removal proceedings in the form of a writ of quo warranto brought by our office.
&mdash; Attorney General Andrew Bailey (@AGAndrewBailey) <a href="https://twitter.com/AGAndrewBailey/status/1628560430388940801?ref_src=twsrc%5Etfw">February 23, 2023</a></blockquote>
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&#8220;As AG, I want to protect the people of St. Louis, and that includes protecting victims of crime and finding justice for them,&#8221; he continued, adding, &#8220;Instead of protecting victims, Circuit Attorney Gardner is creating them. My office will do everything in its power to restore order, and eliminate the chaos in St. Louis caused by Kim Gardner&#8217;s neglect of her office.&#8221;
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Instead of protecting victims, Circuit Attorney Gardner is creating them. My office will do everything in its power to restore order, and eliminate the chaos in St. Louis caused by Kim Gardner’s neglect of her office.
&mdash; Attorney General Andrew Bailey (@AGAndrewBailey) <a href="https://twitter.com/AGAndrewBailey/status/1628560434461569024?ref_src=twsrc%5Etfw">February 23, 2023</a></blockquote>
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The case that spurred Bailey to action was the Saturday car crash that resulted in 16-year-old Janae Edmondson, a volleyball player from Tennessee, losing her legs.
Edmondson, in St. Louis with her family for a volleyball event, was walking back to her hotel when she was struck by a car. That car was allegedly driven by 21-year-old Daniel Riley — who was supposed to be on house arrest with a GPS bracelet awaiting trial for an armed robbery that he allegedly committed in August of 2020.
The trial, which was scheduled for July of 2022, was postponed because Gardner&#8217;s office was &#8220;not prepared&#8221; to move forward with the prosecution — and in the seven months since he received the GPS monitor, he reportedly violated the terms of his monitoring over 40 times. The most recent violation took place just five days prior to the accident.
According to a <a href="https://www.nbcnews.com/news/us-news/teen-volleyball-star-loses-legs-crash-caused-man-multiple-bond-violati-rcna71755" target="_blank" rel="noopener">report</a> from local NBC affiliate KSDK, the circuit attorney&#8217;s office had not filed any motions with the court to have Riley&#8217;s bail revoked. A memo from Gardner&#8217;s office pinned the blame on the court, claiming that the judge was also aware of the violations and bore sole responsibility for allowing Riley to remain free on bond.
https://twitter.com/stlcao/status/1628586113660256259
AG Bailey was not the only one to criticize Gardner over Edmondson&#8217;s case — Democratic St. Louis Mayor Tishaura Jones advised Gardner to re-evaluate her priorities in a tweet she shared on Wednesday afternoon.
&#8220;The system failed, and it must be fixed. Our Criminal Justice Coordinating Council is working to pull together the Circuit Attorney’s Office and judicial partners to review the process that led up to this preventable tragedy &amp; stop something like this from happening again,&#8221; Jones said, adding, &#8220;I hope the Circuit Attorney recognizes that seeking accountability and change is not &#8216;pointing fingers.&#8217; If she cannot do so, then she must do some serious soul-searching about her future as circuit attorney because she has lost the trust of the people.&#8221;
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I hope the Circuit Attorney recognizes that seeking accountability and change is not “pointing fingers.” 
If she cannot do so, then she must do some serious soul-searching about her future as circuit attorney because she has lost the trust of the people. (4/4)
&mdash; Mayor Tishaura O. Jones (@saintlouismayor) <a href="https://twitter.com/saintlouismayor/status/1628509198425235456?ref_src=twsrc%5Etfw">February 22, 2023</a></blockquote>
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Gardner has been <a href="https://apnews.com/article/shootings-michael-brown-st-louis-a7127040ad4ee0a8c23672940914d941" target="_blank" rel="noopener">under fire</a> since she took office in 2016 on a &#8220;criminal justice reform&#8221; platform, mainly for failing to prosecute a number of violent crimes in addition to completely shutting down prosecution of what she considered to be &#8220;low-level&#8221; crimes. She also took heat for compiling a <a href="https://apnews.com/article/40a8a74dff0a4820b383905b93f3a91c" target="_blank" rel="noopener">blacklist</a> of St. Louis Police Department officers and then <a href="https://dailywire.com/news/no-justice-for-victims-defendants-may-walk-on-over-4000-solved-cases-while-st-louis-circuit-attorney-does-nothing/" target="_blank" rel="noopener">refusing to prosecute</a> any crimes that they brought to her office.

Missouri AG Gives St. Louis Prosecutor Less Than 24 Hours To Resign Or Get The Boot

Criminal Justice

Police

St. Louis Circuit Court Attorney Kimberly Gardner accused the McCloskeys, who are defendants in a case Gardner is prosecuting, of turning the legal proceedings into “political theater” after they motioned to have her removed from the case.
The attorney for Mark and Patricia McCloskey, Joel Schwartz, filed a motion on July 29 to have Gardner barred from prosecuting their case after Gardner referenced the case in two campaign emails, one sent before charges were filed and one after. Gardner’s response to the McCloskeys was filed under seal but released to the public over the weekend by the St. Louis Circuit Court, according to the <a href="https://www.stltoday.com/news/local/crime-and-courts/gardner-says-mccloskeys-should-stop-turning-their-gun-case-into-political-theater/article_e44eea51-b65e-5775-8a72-72e7e2102a15.html">St. Louis Post-Dispatch</a>.
<a href="https://www.dailywire.com/news/soros-is-funding-pac-supporting-reelection-of-prosecutor-who-targeted-mccloskeys-report-says">Gardner</a> pushed back against Schwartz’s assertion that the campaign emails carried “the appearance of impropriety,” that Gardner “may have been affected by her personal, political, financial, and professional interests, and that her neutrality, judgement, and ability to administer law in an objective manner may have been compromised.”
<a href="https://www.dailywire.com/news/prosecutor-who-charged-mccloskeys-didnt-report-trips-as-required-by-law-report-says">Gardner</a> asserted that the campaign emails were not sent out in an effort to benefit from the high-profile case but in response to Republican attacks against her in the press over her decision to investigate the McCloskeys, and then over her decision to <a href="https://www.dailywire.com/news/breaking-democrat-prosecutor-charges-mccloskeys-with-felonies-for-using-guns-to-defend-private-property">charge</a> them with gun use violations for threatening protesters who had broken into the McCloskeys’ private, gated neighborhood.
Gardner’s 23-page <a href="https://bloximages.newyork1.vip.townnews.com/stltoday.com/content/tncms/assets/v3/editorial/0/10/010c1e1e-8869-5bcc-add2-6afed7955205/5f317827700cc.pdf.pdf">filing</a> reads in part:
<blockquote>Nothing in either of the two campaign emails the Defendant complains about approaches the type or level of misconduct needed to remove the Circuit Attorney or her entire office. The Defendants make no argument of an actual conflict of interest that would require the prosecutor to be removed from the case. (Def. Mot. at 6). Their argument of an “appearance of impropriety” falls flat when evaluated against the necessary standard to remove a prosecutor and an application of that standard to any reasonable review of all the facts. Applying the legal standard, this Court must therefore deny the motion and must instruct the defense to cease its attempts to turn these criminal proceedings into political theater.</blockquote>
Schwartz dismissed Gardner’s rebuttal in a message to the St. Louis Post-Dispatch, saying that the filing “is not on point.” In the filing, Gardner references criticisms leveled against her by Missouri Gov. Mike Parson, Missouri Sen. Josh Hawley, and others to justify the emails.
“Amongst other issues, she spends multiple pages detailing the complaints of various politicians and anonymous commentators,” Schwartz said. “They are not parties, they are not the prosecutor, and she should understand the difference. We plan on addressing her response in the near future.”
Gardner sent out <a href="https://www.dailywire.com/news/mccloskeys-request-new-prosecutor-after-st-louis-circuit-attorney-seemingly-uses-case-to-campaign">fundraising emails</a> before and after July 20 when she charged McCloskeys. The emails make reference to “the couple who brandished guns during a peaceful protest” and accuse Republicans and “the right-wing media” of weaponizing the incident to attack and discredit Black Lives Matter.
“Kim needs your help to fight back! Her election is only weeks away. And right now she is under national scrutiny from our divisive President, the Republican establishment of Missouri, and the right-wing media, including Fox News,” one email says in part. “St. Louis will have an opportunity to re-elect progressive circuit attorney Kim Gardner, who time and time again has shown us she isn’t afraid to stand up and hold those accountable who are perpetuating a system of racism and police brutality.”

St. Louis Attorney: McCloskeys Are Trying ‘To Turn These Criminal Proceedings Into Political Theater’

Mark McCloskey

Patricia McCloskey

Leftist billionaire George Soros is attempting to ensure the reelection of St. Louis circuit attorney Kim Gardner, who brought felony charges against Mark and Patricia McCloskey on July 20 after they had pointed guns at a mob of Black Lives Matter protesters who had trespassed into private property and marched in front of their home.
Soros gave $116,000 to Missouri Justice &amp; Public Safety PAC, which is working to reelect Gardner, <a href="https://freebeacon.com/democrats/soros-boosts-st-louis-prosecutor-after-prosecuting-gun-toting-couple/">The Washington Free Beacon</a> reported, adding, “Gardner is facing former homicide prosecutor Mary Pat Carl in Tuesday&#8217;s Democratic primary.”
Soros had already helped finance support for State&#8217;s Attorney Kim Foxx in Chicago, who had been involved in the Jussie Smollett case. The Beacon noted, “The liberal billionaire has spent millions supporting far-left candidates in California, Florida, Pennsylvania, Texas, Virginia, and elsewhere.”
Regarding Gardner, she employed a private investigator rather than work with police to explore allegations against former Missouri GOP Governor Eric Greitens. The Beacon noted that the investigator lied under oath and “the prosecutor&#8217;s conduct set off a separate probe into the handling of the case … Gardner has called the investigation into her handling of the case a ‘racially motivated conspiracy.’”
Following the news that Gardner, the city’s top prosecutor, had announced that Mark and Patricia McCloskey would be charged with felony unlawful use of a weapon, Missouri Attorney General Eric Schmitt filed a brief that would dismiss the charges. The brief <a href="https://ago.mo.gov/home/news/2020/07/20/attorney-general-schmitt-files-brief-defending-missourians-second-amendment-rights">stated</a> that Schmitt “respectfully requests that the Court dismiss this case at the earliest possible opportunity.”
“The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine, which provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm,” Schmitt told <a href="https://www.foxnews.com/us/missouri-ag-moves-to-dismiss-charges-against-couple-who-pointed-guns-at-crowd">Fox News</a>, adding, “Despite this, Circuit Attorney Gardner filed suit against the McCloskeys, who, according to published reports, were defending their property and safety. As Missouri’s Chief law enforcement officer, I won’t stand by while Missouri law is being ignored.”
Gardner had stated, &#8220;It is illegal to wave weapons in a threatening manner – that is unlawful in the city of St. Louis,&#8221; without mentioning Missouri’s “castle doctrine.” The couple’s attorney, Joel Schwartz, <a href="https://herald-review.com/news/state-and-regional/charges-filed-against-st-louis-couple-who-had-guns-outside-home/article_b7d46286-875f-5b92-9143-904d967796c3.html">called</a> Gardner’s decision &#8220;disheartening as I unequivocally believe no crime was committed.”
A new investigation claims that St. Louis Circuit Attorney Kim Gardner, who decided to charge Mark and Patricia McCloskey with felony unlawful use of a weapon when they defended their home from protesters, did not disclose trips she took as required by law.
“Sources tell News 4 that some of the trips were paid for in full, or in part, by an organization called Fair and Just Prosecution, a group that professes to support progressive prosecutors,” <a href="https://www.kmov.com/news/st-louis-circuit-attorney-hasnt-disclosed-trips-as-required-by-law-documents-show/article_bdee8a7a-d05f-11ea-b7c3-079ff4871843.html">KMOV</a> reported. “The organization has repeatedly applauded many of Gardner’s actions, including the charges against Mark and Patricia McCloskey for brandishing guns in the Central West End last month.”

Soros Is Funding PAC Supporting Reelection Of Prosecutor Who Targeted McCloskeys, Report Says

A new investigation claims that St. Louis Circuit Attorney Kim Gardner, who decided to charge Mark and Patricia McCloskey with felony unlawful use of a weapon when they defended their home from protesters, did not disclose trips she took as required by law.
“Sources tell News 4 that some of the trips were paid for in full, or in part, by an organization called Fair and Just Prosecution, a group that professes to support progressive prosecutors,” <a href="https://www.kmov.com/news/st-louis-circuit-attorney-hasnt-disclosed-trips-as-required-by-law-documents-show/article_bdee8a7a-d05f-11ea-b7c3-079ff4871843.html">KMOV</a> reported. “The organization has repeatedly applauded many of Gardner’s actions, including the charges against Mark and Patricia McCloskey for brandishing guns in the Central West End last month.”
When she charged the McCloskeys, Gardner stated, “It is illegal to wave weapons in a threatening manner at those participating in nonviolent protest, and while we are fortunate this situation did not escalate into deadly force, this type of conduct is unacceptable in St. Louis.”
“Republicans have stood up for the McCloskeys as Sen. Josh Hawley (R-MO) <a href="https://www.dailywire.com/news/josh-hawley-calls-for-civil-rights-investigation-into-prosecutor-who-confiscated-weapons-from-st-louis-couple">sent</a> a letter to United States Attorney General William Barr urging him to action against Gardner,&#8221; <a href="https://www.dailywire.com/news/breaking-democrat-prosecutor-charges-mccloskeys-with-felonies-for-using-guns-to-defend-private-property">The Daily Wire</a> reported. &#8220;Twelve Republican members of the House of Representatives sent a <a href="https://www.dailywire.com/news/republicans-send-letter-to-barr-demanding-decisive-action-to-protect-americans-from-mob-rule">letter</a> to Barr, in which they specifically named the McCloskeys, demanding that he take ‘decisive action’ to protect Americans from ‘mob rule.’ Missouri Republican Governor Mike Parsons signaled last week that he would likely <a href="https://www.dailywire.com/news/missouri-governor-says-pardon-likely-if-st-louis-homeowners-charged">pardon</a> the McCloskeys if they were charged.&#8221;
That prompted Missouri Attorney General Eric Schmitt to file a brief that would dismiss the charges. The brief stated that Schmitt “respectfully requests that the Court dismiss this case at the earliest possible opportunity.”
“The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine, which provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm,” Schmitt told <a href="https://www.foxnews.com/us/missouri-ag-moves-to-dismiss-charges-against-couple-who-pointed-guns-at-crowd">Fox News</a>, adding, “Despite this, Circuit Attorney Gardner filed suit against the McCloskeys, who, according to published reports, were defending their property and safety. As Missouri’s Chief law enforcement officer, I won’t stand by while Missouri law is being ignored.”
“Social media snaps show Gardner posing for pictures in Portugal, listening to conversations in New Haven, Connecticut, smiling with other prosecutors in Houston and linking arms in Selma, Alabama,&#8221; KMOV reported. &#8220;They are trips she apparently took in 2018 and 2019, but did not disclose on travel reports, as required by law. St. Louis&#8217; laws require every elected official report their travel and whether it was paid for with public or private funds.”
In response to the story from KMOV, Gardner’s office released the following statement declaring that she &#8220;refuses to apologize&#8221; for her actions and calls reports on her trips with the progressive group a &#8220;veiled attempt to disparage her&#8221;:
<blockquote>Since shortly after her election, Circuit Attorney Gardner has been an active member in Fair and Just Prosecution’s network of progressive prosecutors. She was invited to participate because of her beliefs, values, and goals. Those goals are in line with FJP’s priorities and the same as policies the Circuit Attorney has promised to deliver for St. Louis since day one.
The suggestion that there is any quid pro quo involved here is patently absurd. By working with FJP, she has access to a network of prosecutors who are also implementing change in their communities across the country, prosecutors who are working to create a fairer, more equitable justice system and move beyond the failed policies of the past that created our mass incarceration crisis. Ms. Gardner has been able to share ideas and strategies, learn new approaches, and benefit from the experience and expertise of others. Her work with FJP has benefitted the office and, by extension, the people of St. Louis.
Circuit Attorney Gardner refuses to apologize for seeking reasonable opportunities to further her knowledge and access prosecutors from throughout the nation for best practice. The suggestion that she would be persuaded to follow an alternative that is not focused on addressing the root causes of crime for a few plane tickets and hotel rooms is insulting.
The Circuit Attorney is confident that the public will see through this veiled attempt to disparage her and her efforts to continue to change our criminal justice system to be more just and fair.</blockquote>

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