Criminal law, Politics

The McCloskeys Plead Guilty To Minor Misdemeanors in Conclusion of St. Louis Protest Case
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A year ago, we discussed the charges against Mark and Patricia McCloskey of St. Louis after their armed standoff with protesters.  I was highly skeptical of the charges brought by Circuit Attorney Kim Gardner, who was later removed from the case due to ethical concerns. Now, the couple has been allowed to plead to two minor misdemeanors in the conclusion of a highly politicized case.

Mark McCloskey pleaded guilty to fourth-degree assault while Patricia McCloskey pleaded guilty to misdemeanor harassment.  The fourth-degree assault includes a violation for putting someone into “reasonable apprehension”:

565.076.  Domestic assault in the fourth degree, penalty. — 1.  A person commits the offense of domestic assault in the fourth degree if the act involves a domestic victim, as the term “domestic victim” is defined under section 565.002, and:

  (1)  The person attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim;

  (2)  With criminal negligence the person causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument;

  (3)  The person purposely places such domestic victim in apprehension of immediate physical injury by any means;

  (4)  The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to such domestic victim;

  (5)  The person knowingly causes physical contact with such domestic victim knowing he or she will regard the contact as offensive; or

  (6)  The person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.

  2.  The offense of domestic assault in the fourth degree is a class A misdemeanor, unless the person has previously been found guilty of the offense of domestic assault, of any assault offense under this chapter, or of any offense against a domestic victim committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which if committed in this state two or more times would be a violation of this section, in which case it is a class E felony.  The offenses described in this subsection may be against the same domestic victim or against different domestic victims.

Notably, they agreed to give up the guns brandished in the confrontation, presumably as instruments of the crime. However, this would not bar them from buying additional guns including another AR-15.

Gardner spent a huge amount of time and money on this effort in order to secure these misdemeanors. Yet, there appears to be little pushback on the over-charging of the couple and her own questionable conduct as a prosecutor in the case. In the meantime, the case has made McCloskey popular with many in the state and he is now running for the Senate.

 

155 thoughts on “The McCloskeys Plead Guilty To Minor Misdemeanors in Conclusion of St. Louis Protest Case”

  1. @karen s

    Didn’t you know, you are supposed to let BLM (or the “Brave Masked Warriors of Antifa) do their thing since they are fighting for “social justice” and the McCloskey’s are beneficiaries of “White Privilege”?

    antonio

    1. What we know is that McCloskey’s are Idiots & he has been shown as unworthy of holding any position of govt power such as Governor of Missouri because he hit the easy button like many lawyers do & took a plea deal & surrendered up Essential Liberty & Freedom, the USC 2nd Amendment.

      What total Disgraced pieces of Crap, the McClopskeys, in many’s view!

  2. “The enemy is within the gates; it is with our own luxury, our own folly, our own criminality that we have to contend.”

    – Marcus Tullius Cicero
    __________________

    Those Great Americans, the McCloskeys, have been awarded distinguished badges of honor for conspicuous gallantry and intrepidity through their actions against the enemy who have been allowed “…within the

    gates…” by the communists (liberals, progressives, socialists, democrats, RINOs) in America.
    _________________________________________________________________________

    “But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and

    to provide new Guards for their future security.”

    – Declaration of Independence, 1776

    1. “Portland’s Entire Riot Squad Resigns After Cop Charged With Assaulting A Rioter”

      Portland’s entire riot squad resigned after one of its members was charged with assaulting a rioter who claims to be a photographer.

      – The Mix Net
      ___________

      The inmates have taken over the asylum.

      Be afraid. Be very afraid.

  3. Who can see the hypocrisy in them being charged with “putting other people in imminent fear of physical harm”. That’s exactly what the Antifa BLM riot mob was doing. Where are their charges? Democrats know nothing about actual justice – just Marxist justice.

  4. McCloskey said the entire point of getting a firearm is to put attackers in “reasonable apprehension” of being harmed. That was the entire point of preventing them from breaking into their house, killing them, or burning their house down with them inside.

    Were the protestors arrested for making terrorist threats, breaking down the gate, trespassing, or any of their other crimes? No. The couple armed themselves because the police weren’t allowed to come. They were on their own.

    The message is that if you defend yourself from a mob of violent rioters, you will be arrested.

    Thankfully, this was just a misdemeanor. Those two particular weapons will be destroyed, but the couple maintained their right to purchase firearms in future.

    Democrats are clearly on the side of criminals, and against law-abiding citizens. If you’re in doubt, just look at the Blue States.

    Here in CA, they’ve repeatedly emptied prisons. They allow early parole for good behavior. They raised the felony theft threshold to $950, so people shoplift with impunity. 17 Walgreens have closed in San Francisco alone. They can’t stay in business with daily shoplifting. If you defend yourself, you’re the bad guy.

    You just supposed to stand there and take it, and maybe be murdered. One elderly shopkeeper in San Francisco lost his eye when a thief stabbed him in the head.

    If you want law and order, and safe streets, you know how to vote.

      1. Oky, thanks for the link. I had not heard of the new NCLU group. There is certainly a need for such an organization.

    2. Karen says: “If you want law and order, and safe streets, you know how to vote.”

      When Trump and the Trump organization are prosecuted and convicted, we will witness law and order. So I will vote for a Never Trumper regardless of his or her party.

        1. Karen,

          Whatever he did or didn’t do which violated a criminal statute. I presume you are not suggesting that Trump is above the law, and that you will accept his conviction by a jury of his peers. I trust that you will not echo Trump’s shouting “Witch-hunt!”

          1. “Whatever he did or didn’t do which violated a criminal statute. “

            This is laughable especially for one that says he went to law school. This guy keeps saying that Trump should be prosecuted but when asked specifically what Trump did that was wrong he is unable to provide the crime. That is ambulance chaser type stuff. Sue the doctor and hospital for whatever and they will settle for a small sum. Wow!

    3. Didn’t happen that way. The protesters were peaceful. Yes, it was a posted gated community that they entered, and the gate was breached, BUT they were on their way to the Mayor’s house. These dumbasses came out with their guns for no valid reason. No one was threatening them.

    4. They’re pleading guilty to domestic violence. The claim that they will still be able to buy guns is just a claim, AFAIK.

  5. Missouri is becoming a national embarrassment–first, there is Josh Hawley, and now these morons who think they can stand in front of their house and point guns at people passing by. One of these idiots is actually running for office, trying to leverage the dumbassery of Missourians into a Senate seat. After all, it worked for Josh Hawley. How have they been “overcharged”? This was not an “armed standoff”, either. Is there some legal right to brandish weapons and to point a loaded gun at people passing by who haven’t trespassed onto your property or threatened you, and just because you don’t agree with their politics? These morons have been elevated to hero status, instead of being relegated to psychiatric care, which is what they both need. They are both attorneys, too, which makes their conduct even more outrageous. But, Turley has to keep stirring the pot. Keep ’em pissed off. Republicans will lose unless the Trumpsters show up in numbers.

    1. Natasha – I hope you’re looking forward to mobs of rioters destroying your property, breaking down you security gate, threatening your life, threatening to burn down your house, and yelling “we’re coming for you next” . I of course, think you are a foreign troll so just let us know when and where BLM can find you.

    2. Right, the idiots are hard-working successful couple who were not bothering anyone. And the righteous “victims” are the lazy uneducated hoodlums who broke down the fence and trespassed on private property trying to intimidate peaceful families. You’re a real winner, you are.

    3. NUTCHACHA knows embarrassment.

      Whatever will NUTCHACHA do wiffout irrefutably unconstitutional generational welfare, affirmative action, forced busing, quotas, social services, minimum wage, rent control, Fair Housing, Non-Discrimination, WIC, SNAP, TANF, HAMP, HARP, TARP, HUD, HHS, etc.?

      NUTCHACHA is NOTHING but compulsory governmental artifice.

      NUTCHACHA is not even real, she’s a phantom of redistribution; a demon conjured by the Communist Manifesto.

      NUTCHACHA knows not merit, merely beneficence, and stolen beneficence at that.

      1. Unfortunately, Natacha is all around us. Her ignorant blathering is typical of the insanity I read every day in the local press (a USA Today clone) and the NYTimes. They have always been with us, and always will be. Like cockroaches.

        1. Wiseoldlawyer warns:

          “They have always been with us, and always will be. Like cockroaches.”

          This talk is reminiscent of the Nazi propaganda film, “The Eternal Jew” which equated Jews with rats.

          Now, am I stating that the Wiseoldlawyer and his like minded ilk intend to exterminate the “cockroaches”? No.

          BUT extermination CANNOT happen unless the Left is dehumanized as vermin.

          1. I’ll settle for extermination of the entire unconstitutional body of anti-law supporting the American welfare state, oh, and NUTCHACHA.

            How does one kill codes, laws, statutes, acts, decisions, edicts, etc.?

          2. Jeff:

            Let’s talk about where the rhetoric reminiscent of Nazi Germany comes from:

            – From the Journal of American Psychoanalytic Association

            https://journals.sagepub.com/doi/10.1177/00030651211008507?url_ver=Z39.88-2003&rfr_id=ori%3Arid%3Acrossref.org&rfr_dat=cr_pub++0pubmed&

            “Whiteness is a condition one first acquires and then one has—a malignant, parasitic-like condition to which “white” people have a particular susceptibility. The condition is foundational, generating characteristic ways of being in one’s body, in one’s mind, and in one’s world. Parasitic Whiteness renders its hosts’ appetites voracious, insatiable, and perverse. These deformed appetites particularly target nonwhite peoples. Once established, these appetites are nearly impossible to eliminate. Effective treatment consists of a combination of psychic and social-historical interventions. Such interventions can reasonably aim only to reshape Whiteness’s infiltrated appetites—to reduce their intensity, redistribute their aims, and occasionally turn those aims toward the work of reparation. When remembered and represented, the ravages wreaked by the chronic condition can function either as warning (“never again”) or as temptation (“great again”). Memorialization alone, therefore, is no guarantee against regression. There is not yet a permanent cure.”

            -From the Turley Blog

            https://jonathanturley.org/2021/06/05/unloading-a-revolver-into-the-head-of-any-white-person-yale-features-violent-racist-diatribe-by-psychiatrist/

            “Khilanani then gives a chilling observation. After noting that she stopped watching news because it upset her too much, she noted “I had fantasies of unloading a revolver into the head of any white person that got in my way, burying their body and wiping my bloody hands as I walked away relatively guiltless with a bounce in my step. Like I did the world a f–king favor.”

            Khilanani encouraged the audience to stop speaking with white people because they have are incapable of dealing with their racism and refuse to admit that they are all racists.

            “White people are out of their minds, and they have been for a long time … White people feel that we are bullying them when we bring up race. They feel that we should be thanking them for all that they have done for us. They are confused, and so are we. . . We keep forgetting that directly talking about race is a waste of our breath. We are asking a demented, violent predator who thinks that they are a saint or a superhero to accept responsibility. It ain’t gonna happen…They have five holes in their brain. It’s like banging your head against a brick wall.””

            1. Karen,

              That is chilling rhetoric to be sure. Sounds to me that the Wiseoldlawyer and Khilanani are of like mind.

              I’m relieved you agree with me that both should be condemned.

    4. I hear there is going to be a monument built to honor the McCloskeys. It’s about time.

    5. “Is there some legal right to brandish weapons and to point a loaded gun at people passing by who haven’t trespassed onto your property or threatened you, and just because you don’t agree with their politics?”

      It takes a really determined moron to aseert at this late date that the mob wasn’t trespassuing.

      Yeah, I mean you.

    1. “Will the Georgia Presidential election count flip?”

      – S.Meyer
      ________

      Are not corrective, compensatory and punitive actions typically imposed post facto in the case of jurisprudential investigation and prosecution?

      330 million Americans have had their constitutional government arbitrarily and criminally overthrown and replaced – they most certainly have standing in an historic case with monumental merit.

      Most certainly, the Supreme Court has the constitutional legal basis, authority and duty to take the case of prodigious, egregious and consequential criminal violations of fundamental and state law related to presidential elections, and to award the obvious and singular mode of remedy, the restoration of the Presidency of President Donald J. Trump.

      1. “Are not corrective, compensatory and punitive actions typically imposed post facto in the case of jurisprudential investigation and prosecution?”

        That is based on the assumption that those in power believe in the rule of law.

    2. SM, Thanks for raising this issue.

      There are a number of problems in Fulton County, GA that reveal either massive incompetence and/or fraud. They are all being uncovered by the *court-appointed* auditor, and are being investigated and reported by John Solomon.

      1) There are some 24 batches of absentee ballots that were double- or triple-counted. (Each batch contains some 100 votes.)

      2) There are batches with the *exact same* vote count, a statistical impossibility.

      3) There are some 100 batches that were never counted. (That’s some 10,000 votes.)

      4) And there’s more . . .

      5) And that’s just in Georgia.

      One major issue here is the geographical location of those not-counted and multiple-times-counted ballots. Northern Fulton County is a republican stronghold.

      The willfully blind respond: “But there was a state-wide audit in GA.”

      No, there was not. An “audit” is what is *now* being conducted. Georgia merely recounted a small sample of the ballots that had been counted. Recounting double- or triple-counted ballots reveals nothing. And you cannot “recount” ballots that were never counted in the first place.

      Finally, I noted back in December an obvious fact: Investigations of complex cases take time to resolve. The “I-want-it-now” crowd kept screaming: “Where’s the evidence?” Well, it’s emerging.

      1. “No, there was not. An “audit” is what is *now* being conducted.”

        So according to you, were the 2016 results ever audited? If not, do you trust that they were correct and why or why not?

        1. SM, thanks for the link.

          I read carefully parts of that SEB Report. The stunning element, ignored and suppressed, is that the state-appointed watchdog raised the red flag about Fulton County *while* they were counting (or not counting or triple-counting) the ballots!

        1. “The Dominion people will handle that.”

          – State Election Board Report
          _______________________

          That’s what actual Americans are afraid of.

          1. Why George? Trump has never won a popular vote and he lost in ’20 by twice as much as he did in ’16. And given his proven penchant for election tampering, my guess is this ninja audit is more about disappearing trump attempts to interfere with voting tallies than about reversing a state outcome.

            eb

            1. “. . . this ninja audit . . .”

              It’s a *court-ordered* audit. And the auditor is *court appointed*. In addition, the SEB report was written by a *state-appointed* watchdog.

              But by all means, don’t let facts interrupt your “narrative.”

  7. The timing of the plea deal seems odd given Governor Mike Parson signing HB 85 into law, establishing the Second Amendment Preservation Act in Missouri. Perhaps the McCloskey’s made a deal with the governor, where they agreed to plea out, avoiding the governor having to get mucked up in a pardon controversy, if he signs HB 85.

    1. @Olly,

      Don’t think so.
      In terms of timing, its the fact that Gardner is out of the picture and this avoids a trial and caps their expenses / losses.

      I think they will still get a pardon.

  8. So, idle threats are not legally viable choices to resolve trespassing. This puts the murder of Ashli Babbitt in perspective.

    With only a demonstration, not actual enactment, of force. This ruling will put pressure on security personnel and private citizens who may be under threat. A progressive path and grade.

    1. Ashli Babbitt was NOT murdered. She was illegally trespassing on government property and trying to break into the Senate chamber in order to participate in the lynching of Pence and to intimidate members of Congress to try to prevent of Joe Biden. She was with the throng of Trumpster disciples who were trying to break down a door. Babbitt had no right to be where she was. She ignored the commands of multiple Capitol Police to cease and desist. She could and should have left because she was in the wrong. She is NO martyr, and no amount of lying by the alt-right media of which you are disciple will change the fundamental facts.

      BTW: Did you see that your hero finally admitted that he LOST the election to Joe Biden?

      1. “Ashli Babbitt was NOT murdered. She was illegally trespassing on government property and trying to break into the Senate chamber in order to participate in the lynching of Pence and to intimidate members of Congress to try to prevent of Joe Biden.”
        ****************************
        She was as unarmed and innocent as George Floyd. And the penalty for trespass isn’t capital punishment even if it’s in the Capitol.

        1. @mespo –
          George Floyd was under arrest at the time of his death. It was during the resisting of his arrest that he died. His death was the result of a fatal dose of fentanyl , health conditions and a stressor event. We know it was a fatal does of fentanyl in that the autopsy showed 11ng/mL. While it didn’t show where the blood was drawn… the fatal dosages were 11ng/ml from the aorta, 13ng/ml from an unspecified source. Add to this his 75% blockages… you have your non-cardiogenic cause for his cardiac arrest. The stressor started with his panic attack about going into the back of the SUV squad car.

          Chauvin didn’t help the situation in what could be described as a depraved indifference to Floyd’s condition.

          Ashley wasn’t under arrest , nor did the officer attempt to give her a lawful order to stop or even to place her under arrest.
          His use of lethal force was excessive and he should be charged w murder. Look at what happened in Chicago. The Laquan McDonald case? (?sp?)

          1. “His use of lethal force was excessive and he should be charged w murder.”

            The investigators have cleared the officer, judging that it was reasonable for him to believe he was firing in defense of members of Congress, their aides and others being cleared from the House floor. Babbitt’s husband is suing for access to the investigative records. That hearing is scheduled for September.

            1. If everything was Kosher, the left would have released all information immediately.

        2. She wasn’t JUST trespassing, and neither were the ones she was with: they were there with zip ties and a gallows intending (according to their chanting) to kidnap Pence and lynch him, and to prevent members of Congress from certifying Biden’s legitimate victory. She wasn’t shot for trespassing, either–she ignored commands to cease and desist. She and her group persisted in attempting to break down the door to the Senate chamber. She wouldn’t be dead now if she hadn’t invaded the Capitol and wasn’t trying to break down a door in order to injure and possibly kill members of Congress because she believed Trump’s lies. She is not innocent. George Floyd was murdered. Regardless of whether he was attempting to pass a counterfeit bill or even knew it was counterfeit, Chauvin had no right to kneel on his head for almost 10 minutes. He was not resisting. In fact, he had stopped moving 2 minutes before Chauvin removed his knee. The situations are far from comparable. Floyd wasn’t threatening to kill anybody or trying to break into the Senate to prevent certification of a valid election. The entire premise behind her presence there was wrong: Trump bears responsibility for misleading her and the others by his lies.

          It takes a special type of dystropic thinking to be an alt-right disciple and to stay loyal to a failed former TV performer who can’t stop lying about losing the election because of his ego. Where is the proof of widespread voter fraud? Why didn’t multiple recounts prove Trump really won by a landslide, as he claims? Why didn’t 4 years of rejection by the majority of Americans and consistent polling showing Trump would lose not convince you that he couldn’t have won? Not logical. Not reasonable. What do you have in the way of proof to back up Trump’s claims? Nothing but the bluster of a narcissist, aided and abetted by alt right media that keeps promising you that your hero will be vindicated. They feed you all sorts of vague claims about uncounted votes, ballots arriving from China, ballots containing bamboo, more ballots than registered voters, none of which is true. You live in fantasyland. Babbitt’s death was recorded. She had no legal right to be where she was. She, and the group she was with were told to disburse, but continued trying to break down the door. Why were they doing this? What legal right does anyone have to break down doors at the Capitol or ignore the Capitol Police? What right did Babbitt and her group have to try to prevent members of Congress from carrying out their Constitutional duties, consistent with the will of the American people? The Capitol Police went above and beyond by not breaking out the machine guns and mowing down the Trump Army. They were told to resist using deadly force, but there were only 2 of them trying to guard the door at the time Babbitt was shot. She had plenty of warning. It’s her own fault she is dead.

          1. ” It’s her own fault she is dead.”

            It’s George Floyd’s fault he is dead. Ashley was killed and the public needs to see the evidence to see if it was murder or if Democrat leaders and the FBI had a part in a set up gone wrong.

          2. Natacha

            Zip ties and a gallows.

            You are either incredibly naive or a liar.

            1. rightwingwatch.org/post/insurrection-day-gallows-on-capitol-grounds-planned-weeks-ahead-of-jan-6-rally/

              For more photos –
              twitter.com/phoenixonwheels/status/1405015595821711366/photo/1

        3. “the penalty for trespass isn’t capital punishment even if it’s in the Capitol.”

          Nor is there any penalty for sleeping in your bed, yet Jonathan Mattingly, who killed Breonna Taylor, was not charged with murder either.

          To be clear, trespassing in the Capitol was not Babbitt’s only crime. She committed other crimes, including attempting to climb into the Speaker’s Lobby (see 40 U.S. Code § 5104).

          1. Anonymous the Stupid is trying to justify killing Babbitt for the other crimes.

            The name of the officer who shot Babbitt along with the statements of all other officers at the capital have to be released in their entirety. The orders to the officers have to be released along with all the other hidden data so that the air can be cleared.

            Until the information is available there will always be suspicion that the Killing of Ashley Babbitt was murder. That is always part of the assumption until all the facts are known.

        4. Yes, & the Govt admits she was Murdered! Where are the Charges??? Who Murdered Her???????

          Where are the 14/15000 +hours of Videos?????

          What are the names of the 500 + Peaceful Protesters Being Held in Soviet Union Style Commie Type Gulags for 6 months On No Charges!!!!!!!, Invited into the US Capital by Capital Police & likely rotten FBI/US Intel Agents, still today ???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????!~

          Where is Prof Turley?????

          Chris Wray & AG Merrick Garland seem to need spend a few weeks in the Hole, also in Solitary for Months, No Charges @ Gitmo til their Memory comes back to their Lying American Hating Azzhole!

          Prof Turley It’s Way Past Time to Call Bull Crap on Deep State Traitors, Pelosi, McConnell’s, FBI’s US Intel’s Own Insurrection!!!! The Perps in the FBI/US Intel Creeps Are Busted To The Public Once Again! already!!!!

          What are they going to do to citizens for speaking out, Murder everyone & everything they Love, is it they are so Stupid they don’t see they are doing the same to themselves , those their Families & Everything they also Loved???

          *********************

          Let us all Pray to Jesus:

          Prayer Search

          Serenity Prayer
          God grant me the serenity
          to accept the things I cannot change;
          courage to change the things I can;
          and wisdom to know the difference.

          Living one day at a time;
          enjoying one moment at a time;
          accepting hardships as the pathway to peace;
          taking, as He did, this sinful world
          as it is, not as I would have it;
          trusting that He will make all things right
          if I surrender to His Will;
          that I may be reasonably happy in this life
          and supremely happy with Him
          forever in the next.
          Amen.

          reinhold niebuhr (1892-1971)
          Niebuhr used various versions of the prayer widely in sermons as early as 1934. The prayer spread rapidly, often without attribution to Niebuhr, through church groups in the 1930s and 1940s and was adopted and popularized by Alcoholics Anonymous and other twelve-step programs. The Serenity Prayer appeared in a sermon of Niebuhr’s as part of the 1944 A Book of Prayers and Services for the Armed Forces, while Niebuhr himself first published it in 1951 in a magazine column.

          https://www.beliefnet.com/prayers/protestant/addiction/serenity-prayer.aspx

      2. Had Ashli Babbitt been black, there is no doubt there would have been an uproar by the liberal media attacking and vilifying the ‘white’ officer, death threats to him and his family, riots and looting… and a multi-million dollar settlement to her family.

      3. “Ashli Babbitt was NOT murdered. “

        A reasonable position. But, if that is the case why have thousands of Jan 6 videos and audibles not been released to the public? Why hasn’t this short episode been totally explored in public? A lack of transparency leads to suspicion making the suspicion valid and the longer we wait to get all the information and videos on this small part of Jan 6 the more legitimate the claim Ashley Babbit was murdered.

        We are also missing what information the FBI had about Jan 6 and what their involvement was.

        1. More of your alt right garbage. What is the source of the “thousands” of Jan 6 videos and audibles? What could possibly be shown that hasn’t already been shown, and how on earth could any further video or audio change the truth of the deadly insurrection instigated by Trump as a result of his massive ego and pathological lying? What about Trumpsters themselves and THEIR videos and audios? No one’s concealing them. There is NO lack of transparency, either, and those lawbreakers were Trumpsters, White Supremacists, Oath Keepers and Neo-Nazis, not ANTIFA as the lying alt right media try to claim. The FBI was NOT involved either, but alt right media has to keep stirring the pot so the Trumpsters can ignore the reality of what he did to this country and how he continues to divide Americans. Babbitt’s death was due to her stupid fealty to a failed reality TV performer who cheated his way into our White House for the power and glory and whose ego won’t allow him to admit that he lost. He told his disciples to “fight like hell” or they weren’t going to have a country any more. She chose to break the law, force her way past barricades, force her way into the Capitol building, and was helping trying to break down a door to the Senate chamber to threaten, injure, intimidate or kill members of Congress, all the while ignoring the commands of the Capitol Police. This is the truth. She is no victim other than of Trump and his lies.

          1. ““thousands” of Jan 6 videos and audibles? What could possibly be shown that hasn’t already been shown”

            The Truth.

            SM

      4. Natacha, apparently you have yet to learn the effects of intimidation by government which can be immune to those things private individuals are not immune from.

        You said you had training as a lawyer.

        Listen to this video that should be heard by all because one can learn the extent of intimidation government is able to apply even when the individual involved is a totally upstanding citizen and is innocent. Root was able to withstand the government attacks that virtually everyone else succumbed to even though they were equally innocent (millions and millions of dollars plus the loss of considerable time for almost every employee that worked for the company). The McCloskey’s were equally innocent, but I don’t think had the necessary finances to put their careers on hold and fight. Root didn’t settle like the vast majority of Americans do even though they are innocent. Root won. Nothing happened to the prosecutors that were responsible for the injustices he and his company faced during the dispute.

        Why did they pick Root? Because his sector of the economy was where the government settled over and over and is where the money from settlements supported a lot of their actions and their paychecks along with their entry into politics. The government was intimidated because they knew the money was there.and big names could be made.

        Go to the full presentation: https://www.howardroot.com/videos/

      5. @Natacha,

        You really need to learn the law.

        She was murdered. She was unarmed and shot and killed by an unnamed police officer who is clearly guilty of murder and excessive force.
        He’s facing a civil lawsuit over this along with the Capitol Police

        You can watch the video, you’ll see that she is in no position, or has any weapon on her.
        Without warning the officer shot her.

        There were 3 officers on the other side of the doors wearing riot gear.

        The officer should be on trial.

        1. Why was Babbitt in the Capitol building? Can you seriously argue that she didn’t break in? Did you see her group use flag poles as battering rams and break windows in order to force their way in, even after being pepper sprayed? This was after they ignored commands to disburse and forced their way past police barricades. Why didn’t she leave when ordered to do so? What right did she have to ignore the commands of the Capitol Police? How could or would the 2 Capitol police officers know whether she was unarmed, and can you, with a straight face, argue that the officers’ lives weren’t being threatened by the mob she was with that refused to disburse and continued trying to break down the door? “Excessive force”? Really? The Capitol Police were there to protect the Senate chamber and members of Congress, and these dumbasses were intending to harm them, all instigated by Trump. Her civil lawsuit will go nowhere. In fact, her Estate and members of her group owe US taxpayers money to repair the damage they did to the building.

          2. These were peaceful protesters just exercising their first amendment rights. Maybe they should have done what BLM and ANTIFA did in Portland and demonstrate for 100 strait days at the capital building.

  9. The government overstepped its authority and made the victim into the criminal by forcefully intimidating the McCloskey’s to settle for a lesser charge.

    Forget the details of the case. The GOVERNMENT ABUSED ITS ABILITY TO USE FORCE. That abuse of force is against the principles we are supposed to live by.

    1. These people had every right to insist on being tried by a jury. And, if they were in the right, they would have done so. No one coerced them, and no amount of lying by the alt right media you religiously follow changes this fact. They are both attorneys, and so they know that there was a substantial risk they could get convicted of something worse than what they pleaded to. Not everyone in St. Louis is a gun-toting nut, and they are a national embarrassment.

  10. I like the repeated use of the words ‘reckless’ and ‘negligent’ in the statute.

    eb

  11. We need a mob to go to the prosecutors house at night. I would vote for McCloskey for the Senate.

    1. I like the idea of organizing about 1000 people to peacefully march about a mile on public streets, tie up traffic make life miserable for the locals. Hopefylly the prosecutor, lives in a gated community that the peaceful protestors can breach and surround the the house. After delivering the message they can continue to march and find a few restaurants filled with leftist and “get in their face”.

  12. I don’t understand and don’t agree with the McCloskeys pleading guilty for anything related to this case.
    First of all, who specifically was the victim in the “assault” and “harassment”? Can you assault and harass a trespassing crowd?
    Second, they didn’t do it, the elements are not even there.
    Thirdly, the terms of the statute are unconstitutionally vague.
    Fourth, pleading guilty undermines your moral high ground and talking points, as well as moots out a malicious prosecution lawsuit, and weakens your run for office.
    Fifth, the governor said he would pardon you!
    Something must be up behind the scenes here, they are lawyers frchrisake and should know better unless they have another plan in the works.

    1. It’s expensive and time consuming to defend yourself of criminal and/or potential civil charges, especially frivolous ones in court system dominated by liberal judges. Sometimes it makes sense to please out to minor chargers and get on with the business of life.

      1. The liberal judges got there by one of two means. A, they were elected or B, they were appointed by liberal politicians. Either way the voters have themselves to blame.

    2. The problem you speak about is an inherent problem with government. Government controls overwhelming FORCE and can use intimidation backed up by force whether it be physical (arrest), financial (IRS), time and money (protracted legal disputes), personal business (loss of license) or anything else.

      We are a free nation as long as the government restrains itself. It hasn’t, so we are a lot less free than we think.

  13. Democrat mayors like to declare: “We are a sanctuary city.”

    Apparently, those safe havens are for criminals, too.

  14. I thank God every day that I live right where my wife and I are born and raised. NW Montana. She, is from Eureka, right down the road, and I’m from Yaak, right here. If this would’ve happened where I live I would not have been charged with anything and if they would’ve came on my property? I could’ve killed any of them because my life felt threatened.

    All I would’ve had to say anyone in our small sheriffs department is I felt like my life or my wife, our grandchildren etc etc, was in “direct danger of being physically harmed, and or murdered.” And I could’ve started shooting and killed as many as I needed. I would not have even been charged. NOT. ONE. CHARGE.

    1. GarlandRemingtonIII,
      You’re welcome to your opinion but I think you’re wrong even in Montana and the video of the actual incident proves my case. There was no threat of immediate physical harm in any way, if you had shot any of the protesters in that exact same situation you would have been rightfully charged and convicted.

      You need to think a bit more critically.

      2. OK, Steve, let’s think critically through this, together.

        Let’s take a look at the violent protests in St Louis, that were going on in the days and weeks leading up to the McCloskey standoff. Buildings were burning. Cops got shot by rioters. Businesses looted.

        The cops weren’t coming to help the McCloskeys. Over a hundred people smashed the private gate to their private road. A mob was streaming in. They claim the mob threatened to kill them, kill their dog, or burn their house down with them inside. If you live in the area, and you’ve seen St Louis burning on TV, would you take them seriously?

        Would you want them to break into your home, and stream in by the dozens, before you made a move to warn them off? Or would you want to discourage them from taking that first step, before you were overwhelmed by the numbers?

        You’ve been watching violent mobs cause millions of dollars in damage in your city. You seen reports of them shooting cops, assaulting cops, and assaulting other people. A mob just tore down your gate.

        What do you do? Pray they don’t hurt you? Or make yourself a hard target?

        https://youtu.be/OneMj0G8j3A

      3. @Steve Witherspoon?
        Video , which video, do you have the unedited version?

        And that’s the point. Remember the Covington Boy who stood his ground as he was harassed?
        The video was edited to leave most of that and to make it look like he was the instigator wearing a new MAGA hat.
        There’s a whole class of fake news were editing was done to intentionally shift the meaning and narrative of the video.

        But the law was very clear.
        He was within his rights under the Castle Doctrine to do what he did.
        In terms of the brandishing, there’s a carve out for the Castle law.

        He should never have been charged.

        W.R.T Montana… Not familiar w their Castle Doctrine but what I can find… what Garland claims he would do would end him up in jail.

    2. Wow…you could have killed as many peaceful protesters as you wanted ….yes I said wanted….and not be charged with a thing! It makes me ashamed to be an American where you and others think that ok not only ok but praise worthy.

      1. Injustice Holmes:
        “peaceful protesters”
        ***********************
        Where do I send you the video of what happened and the Merriam-Webster? That you side against folks in their homes minding their own business as violent protestors break down their gate and hurl epithets and spit at them is more than telling.

        1. Maybe after you’re dead and lying on the ground, that’s when you realize how peaceful the protesters were.

    3. You made the choice to live in Montana. McCloskeys made the choice to live in St. Louis City. They knew the score going in and get to live with the consequences.

      1. The choice of where one lives in the United States should not infringe on one’s basic freedoms. The laws of a state should not be adjusted to satisfy political needs. The rule of law should apply everywhere.

    4. Very respectfully, this is part of the problem in small counties that haven’t yet succumbed: the Montana you knew doesn’t exist ‘just because’. My hometown was one such place. It is rock solid blue now. The fact of the matter is too, it may have already begun there and one simply hasn’t noticed. I can tell you that very left-leaning acquaintances of mine now visit Montana as tourists regularly when in the past it would not have crossed their minds. It is ‘hip’ with a certain sect, just like Austin or the Carolinas or Nebraska.

      Additionally, last time I checked, laws were still in effect in Montana. A causeless shooting spree would have put you in prison. At this stage it would have also put you on the national stage and you would likely never see daylight again.

      I sincerely hope you and those like you are voting your behinds off rather than committing atrocities.

  15. What did those who unlawfully enter the community and place fear into the couple get charged with?

    3. If Mark McCloskey is guilty of fourth-degree assault based on 565.076. 1 (3) The person purposely places such domestic victim in apprehension of immediate physical injury by any means; then absolutely every one of the trespassing protesters are also guilty of violating the exact same fourth-degree assault statute. I think this is a clear case of discrimination in regards to whom the prosecutors chose to charged.

      I think McCloskey has a VERY strong civil rights case against the prosecutors in St. Louis and an unconstitutional case against the statute quoted above in the Supreme Court.

  16. ” (3)The person purposely places such domestic victim in apprehension of immediate physical injury by any means;”

    That is the ONLY thing in the quoted statute that they could have possibly violated and it’s unconstitutional because it’s an open ended clause and makes it against the law for anyone to appear to be prepared to protect yourself or your property in ANY manner and in ANY situation, that is unconstitutional.

    That clause of the statute needs to be stricken from the books because it’s unconstitutional or reworded in such a way so it’s not unconstitutional.

    I would NOT have pleaded guilty to that unconstitutional law.

    1. The McCloskey’s should sue the State for violating their civil rights and take it all the way to the United States Supreme Court if necessary.

      1. How much money did you contribute to their GoFundMe to subsidize their lawsuit and their future appeals to the Supreme Court?

            1. Jeff Silberman wrote, “Put your money where your mouth is.”

              I do when I think it’s actually needed and in my opinion they didn’t “need” any of my money.

                1. I’ll give a $100 in YOUR name to the McCloskey’s GoFundMe.

                  Is that ok with you?

        2. Jeff Silberman wrote, “How much money did you contribute to their GoFundMe to subsidize their lawsuit and their future appeals to the Supreme Court?”

          Why would you ask such a ridiculous question? Were you just trolling?

    2. I’ve sent a request to Alan Dershowitz to share his opinion on the constitutionality of this clause in the statute.

      I’d also like to formally request that Jonathan Turley share his opinion on the constitutionality of that clause.

      1. Your problem is thinking in the real world the “constitutionality’ of a law matters. Broadly and paractially speaking it doesn’t.

        1. Anonymous wrote, “Your problem is thinking in the real world the “constitutionality’ of a law matters. Broadly and practically speaking it doesn’t.”

          You are dead wrong!

          That is pure defeatist thinking and I refuse to go down a path that leads to capitulation to anti-Constitutional forces in the USA.

          You make your own choices but I will always stick to the Constitution that I swore to defend.

  17. Turley says: “Yet, there appears to be little pushback on the over-charging of the couple and her own questionable conduct as a prosecutor in the case.“

    Your network Fox pushed back on the over charging of the couple. Why aren’t you satisfied that Fox News, Newsmax, Blaze TV, OAN and Infowars vociferously defended the McCloskey’s and vilified the MSM for giving the story short shrift? After all, Trump has convinced the Republicans that the MSM is the “enemy of the people.” Accordingly, Republicans don’t trust and refuse to watch the MSM. As long as the Right wing media pushes back, what is the problem? The MSM is dead to the Right. You got what you wanted. Stop complaining.

    1. You do realize that Turley is a Liberal right? He just has principles and integrity unlike most of the Left

      1. Of course I know that Turley is an “Insane Bolshevik.” Like, he would be a Republican Neo-Nazi!

        1. Jeff Silberman,

          Your nose grows with every statement you make. Hope you are getting paid for your lunacy…if not, you are wasting your time and ours.

        2. Jeff, you have a very sick mind. Are you real, or a troll, or from Outer Space???

          1. Mike,

            When “The Democrats of Today are Insane Bolsheviks” makes such a statement, I rip a page out of his playbook and give it right back to him by calling him a “Republican Neo-Nazi.”

            If he doesn’t want to be called such names, then he should stop his name-calling. Otherwise, two can play that game.

            Case closed.

    2. AOC, is that you? Thanks for taking the time out from conveniently ignoring the crises at the boarder to chime in!

  18. Ms Gardner (like so many prosecutors), used her power for political purposes.

    The tide has swung (at least right now) to the left and people who commit a crime that the Lefties dislike will pay.

    The McCloskey’s were lucky to have the money to fight and be up against a local prosecutor.

    God help you if you are poor or pursued by a federal prosecutor (look at the Capitol rioters).

    The real damage is applying the law from a political perspective.

    In certain jurisdictions, the severity of your punishment appears to depend on your political beliefs.

    Once the law is corrupted into a political tool, it loses its unique position in society.

    Ms Gardner dealt our society a blow.

    1. I’m looking at the Capitol rioters….and? The ones being charged were recorded on video doing violent attacks on Capitol Police, defacing property, breaking and entering a secure federal facility, and conspiring in advance to disrupt the Electoral College count in Congress. In many cases, the individuals voluntarily incriminated themselves by posting images on social media.

      I say, throw the book at them. Teach ’em a lesson, and make negative exemplars out of them.

      I don’t have any problem with the greater numbers who went to the Capitol to protest peacefully and obeyed federal law. Those folks are
      the great majority on that day at the Capitol. Less than 1000 participated in law-breaking.

      The law should be blind to political motive (so long as lawful), and there shouldn’t be guilt-by-association.

      1. Pbinca says:

        “The law should be blind to political motive (so long as lawful), and there shouldn’t be guilt-by-association.”

        Bravo! I don’t hold Republicans guilty for the actions of Trumpists who stormed the Capitol, and the Democrats should not be held responsible for the riots by Antifa.

        Not only the law should be indifferent to the political motivation of the law-breaker, but also the court of public opinion.

    1. hjf

      Have you ever been arrested/fingerprinted, had your weapons confiscated, and had to write a check to an attorney?

      Not to mention the emotional consequences of living with the possibility of prison.

      And the reputational cost.

      The bringing of charges, even if dropped, imposes a severe cost.

      If you are charged, you pay, no matter the outcome.

      1. Monumentcolorado,

        You are so very right, and the legal system (if you can call it that), was so abusive to these two people. Another case where the actual victims were victimized by our legal system, and the real perpetrators went their merry way with no consequences at all. Sad, but true.

      2. They are both very wealthy lawyers and should have just stayed inside their home. I think the law refers to protecting your home not your yard. They got publicity and that’s what they wanted.

        1. Interesting thoughts Harry. What publicity are you talking about and how would that help them?

          1. There is no such thing as bad publicity. Even if it’s a lie. I could post on social media I am a billionaire and single and looking for a mate. A total lie but I would get a million responses. Money buys a lot of stuff. Even sex. Now I am not saying ever lie but we have all lied if we are honest. People like people who are just normal humans. And remember people have more fun than anybody.

    2. There was harm — in the clear message that if you try to defend yourself or your property from BLM/Antifa thugs, you will be considered the perpetrator, not the victim.

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