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.
Over charging seems to be par for the course these days. A guy supposedly brandished a weapon at a Florida McDonalds this week over some condiment left out of his meal. He was charged with armed robbery. Of a condiment. He claimed the gun was slipping out of his pocket, but I am sure he displayed it a little with the intent to intimidate. Of course to his sad luck the girl he allegedly brandished to turned out to be the Chief of Police’s daughter, so not surprised they threw the book at him. But the charges are really routine. And shouldn’t be because they diminish the meaning of the actual crime. He should be charged with brandishing or threatening not armed robbery. He didn’t knock over the place. She gave him the condiment. He didn’t say give it to me or I’ll shoot you. The charges are over the top. And with regard to this couple, I agreed back then when they were first charged that it wasn’t reasonable to charge them with these major crimes simply for walking on their own front lawn with legal weapons to discourage an angry mob of trespassers from coming onto their property. They were clearly afraid. I honestly think I’d have been too. I can’t say were I them I’d not have possibly done or at least considered doing something similar. And in all fairness no one can honestly say if they hadn’t done what they did, that the mob wouldn’t have damaged their property or possibly even hurt one of them. Hard to say unless you were there, and its your house an angry mob of people who’s complaints and chants are being directed specifically against people of your own ethnic race, are marching towards your home while apparently walking on lawns, etc. Especially after seeing all the fires and destruction and people hurt by these mobs on the news during the same time period. So in all fairness I think the charges still are a little high. I remember in Utah they had a law, it was known as “brandishing”, and was designed for someone who shows a gun with the intent to intimidate. I’m sure its similar to what they were charged with just I have a problem with the “assault” part when they didn’t actually hurt or threaten anyone directly. If just trying to intimidate is assault, what is it to march an angry mob onto someone’s front lawn chanting in a threatening hostile manner? There’s 2 sides to this coin, and its pretty obvious both sides need to just cool down. Chill as the kids say. Its the media that is stoking this fire. On one side Mr Turley’s new employer, Fox news is stoking the hate on the right. And CNN and MSNBC is stoking it on the left, as well as any other liberal leaning news outlet. I am finding very few people these days able to step back from the fray and take a good long look at what we’re doing to ourselves. A good look and maybe a good whiff. Because once they do, they’ll realize that that ain’t mud they’re wrestling in.
“Over charging seems to be par for the course these days.”
Not new.
“He was charged with armed robbery. Of a condiment. ”
Not even possible – Fast Food will give you all the condiments you want.
“He claimed the gun was slipping out of his pocket, but I am sure he displayed it a little with the intent to intimidate.”
Would need more details than that – but merely showing a gun – even inapproriately is not a crime.
Brandishing requires more than just showing it.
“Of course to his sad luck the girl he allegedly brandished to turned out to be the Chief of Police’s daughter, so not surprised they threw the book at him.”
Not supposed to matter.
The rule of law REQUIRES that a crime is a crime (or not) whether the perpitrator is young or old, black or white, and whether the victim is homeless or wealthy – or the police cheif’s daughter.
“And shouldn’t be because they diminish the meaning of the actual crime.”
Yup.
“He should be charged with brandishing or threatening not armed robbery.”
Unless he took out the gun and presented it with the clear threat of using it – it is not brandishing.
His conduct MIGHT be rude and offensive – but even to reach brandishing – I would need more than has been provided as evidence.
“I agreed back then when they were first charged that it wasn’t reasonable to charge them with these major crimes simply for walking on their own front lawn with legal weapons to discourage an angry mob of trespassers from coming onto their property. ”
It was not reasonable to charge them with ANYTHING.
This “Mob” broke into a gated community and was tresspassing on their property. If they pointed a gun at someone and said “Get off my property” – that would be jusified.
One of the core holdings in Heller was that there is an individual right to weapons for the purpose of defending yourself and your home.
Their actions did not exceed the bounds of that right.
If they were in violation of ANY laws – those laws are unconstitutional.
“They were clearly afraid. I honestly think I’d have been too.”
Does not matter – neither your personal fear – nor that of alleged victims has any place in the law.
Crimes are ACTS, not emotions. Emotions sometimes drive us to commit crimes,
But you can not justify actually criminal actions by fear, nor can the fear of a third party determine whether and act is a crime or not.
“I can’t say were I them I’d not have possibly done or at least considered doing something similar. And in all fairness no one can honestly say if they hadn’t done what they did”
There is no “fairness” here – constitutionally you have the right to defend yourself – and your home.
People who tresspass – might be confronted with guns – that is within your constitutional rights.
“that the mob wouldn’t have damaged their property or possibly even hurt one of them.”
Might have – but that is not nor should be the standard.
This is also stupid – if the use of a weapon in self defense is a right and justified – then brandishing a weapon to avoid having to use that weapon in self defense is also justified.
The purpose of firearms is not just to kill people in self defense, it is also to intimidate those same people – so you do NOT have to kill them.
They got new shootin irons. Good for them.
Testimony last week indicates that Election officials in Fulton county have lost several chain of custody documents for absentee ballots.
This means that means there are absentee ballots – possibly thousands in Fulton county – that are essentially unaccounted for – they MIGHT have been real votes by real people.
Or they are just ballots injected into the counting process, or ballots counted multiple times.
Oh BTW – there was also testimony under oath confirming that the video’s of Fulton county pulling ballots from under the table – and double counting them were exactly what we saw – Fraud.
We have gotten this nonsense from the left – that the courts actually looked at the evidence – they did not.
But slowly that IS happening.
We have separate FOIA secured information that The GA Sec states office was aware of several instances of likely voter Fraud and LIED to Trump about them.
This was not mere overcharging.
McClockey agreed that he committed the crime as the law is written.
It appears he is correct.
That means the law itself is unconstitutional.
There have been some claims that the right might abandon McClockey for this – as he is running for Senate.
Depending on how he handles it – I doubt that.
This gives him another popular platform item. He can run against unconstitutional laws.
I would note that this specific law is unconstitutional – not merely as a restriction on the right to self defense – but also as overly broad and unconstitutionally vague.
The standard for criminal conduct can not be the state of mind of the alleged victim.
Anonymous the Stupid suggests “Follow the evidence.“
He is not smart enough to realize that to follow the evidence it must be presented. Greenwald presented his evidence along with his opinion. Greenwald has a reputation and is a real person. Anonymous the Stupid is a silly person who is wrong most of the time, deceitful and lies. Anonymous the Stupid has no name, no credibility and no personhood.
Based on those facts who, but an idiot, would accept the words of ATS?
@ kAREN S
“If you want law and order, and safe streets, you know how to vote”
I’m afraid we aren’t voting our way out of this one.
antonio
I must be missing something. A domestic victim is defined as a family or household member. The protestors were not family of household members as I remember it. So who exactly are they pleading guilty of having caused “reasonable apprehension”?
You’re assuming that the charge in a negotiated guilty plea need bear some relation to the conduct charged.
As long as the judge accepts it, it apparentluy doesn’t, at least in MO.
I’m interested as well in the claim that convictions for “domestic assault” leave them free to buy guns.
Is this fact or just a face-saving claim?
Judges should not accept pleas where the alleged facts do not match the elements of the crime.
Mark McCloskey has already bought a replacement AR-15 – he posted photos of the purchase on twitter.
This is a “face saving claim” – for prosecutors.
The governor already publicly announced the McCloskey’s would be pardoned if convicted.
Regardless, these charges were always idiocy.
What is disturbing is that there is not a high price to pay for those who pushed them.
“Greenwald is wrong”
Greenwald has a name and a reputation, but an anonymous person with no name, no personhood and no credibility says “Greenwald is Wrong”. Who should we trust?
We know this: Actual Trump supporters would have immediately rejected and ejected anyone who threatened violence or vandalism because it would hurt Trump.
The riot at the Capitol was a false flag event
You need to read Best Evidence by David Lifton.
We know that the Deep Deep State Obama Coup D’etat in America took out President Trump.
From Best Evidence, we know that the CIA, FBI, DNI, JCS, VP, DOJ, Mob, Texas Oilmen, Cuban Exiles, etc., took out John F. Kennedy and then called in a “generational” cleaning crew.
And, like the Clintons, they were taking out “loose cannons” decades after the event – the reporter who exposed Bill Clinton giving Loretta Lynch her marching orders on the tarmac at the Phoenix airport was Arkancided a few days ago, just like the reporter Joseph Rago:
_________________________________________________
“Wall Street Journal Reporter Asks Russia For “Clinton Information” —-Turns Up DEAD 2 Days Later”
“A Wall Street Journal Editor who was investigating how a Russian Pharmaceutical firm could have been purchased in 2014 by an American Pharmaceutical firm while Sanctions against Russia existed against such business transactions, has been found dead in his New York City apartment. The crux of the dead journalists investigation was how then-Secretary of State Hillary Clinton influenced the transaction to be
finalized, but only AFTER her husband Bill was paid $500,000 for giving a speech in Moscow.
The Russia Consulate General’s office in New York City was contacted by Wall Street Journal reporter/editor Joseph Rago who requested a Thursday (20 July) in person interview with consular officials regarding an upcoming article he was preparing on Hillary Clinton and her links to Russia. Rago failed to attend the meeting and was later discovered dead in his apartment of as yet “unknown causes” just hours prior to this meeting occurring.”
______________________________
Peter Strzok, Lisa Page, Christopher Wray, James Comey, Andrew McCabe, Kevin Clinesmith, Bill Taylor, James Clapper, John Brennan, Robert Mueller et al. were no friends of Trump.
The Deep Deep State knew all about the Trump rally and it prepared well for it; to “never let a serious crisis go to waste.”
That communist traitor, Christopher Wray, is as sharp as a tack.
They had to be sure not to step on the toes of China/Russia which were in that dance too.
I’m sure some sort of inappropriate threatening pressure was applied for them to plead guilty.
Keep being sure of things you can’t show evidence for and you’re on the path to join poor George (see the post immediately above yours).
The McC’s saved themselves a lot of hassle by folding. There’s no need to do more than assume that that was enough.
We have to deal with nonsensical claims of all kinds of things without evidence from the left all the time.
Do you need a list – of just a few of those ?
The collusion delusion ?
Russian Bounties ?
Covid origens ?
Need I go on ?
With respect to the claim the McCloskeys were subject to preasure – EVERYONE facing a criminal prosecutions is subject to presssure.
The McClockey’s never should have been charged. Anything beyond that is improper political pressure.
But then in left wing nut world – it is OK to threaten a foreign power with a Billion in lost loans – to protect your son’s cushy job as an influence peddler.
Of course it was. That is always the case.
Inappropriate pressure is ALWAYS used to get people to plead guilty.
With respect tot he McCloskey’s – we will have to see how this plays out – but it appears to me to be a strategic win for them.
The cost to them is the price of a couple of weapon’s and an inconsequential criminal record that the governor has already publicly stated he will pardon.
The gain is avoiding a long protracted legal fight – possibly all the way to the supreme court.
A further ceases to be an obstacle to McClockey’s senate campaign and if managed correctly becomes an asset.
McClockey can now run AGAINST bad laws. regarding self defense.
He can say whatever he wishes – and not have to worry about the consequences in his court case, or before a jury.
Nor can he face gag orders from judges – as we saw with Stone.
This is not atypical. When government applies its full weight to citizens, the citizens almost always settle because the costs to the individual who doesn’t settle is unaffordable. It doesn’t cost the government a dime. The taxpayer is the one who pays the bill. The politicians or future politicians that committed the atrocity frequently get undeserved positive press when they should removed from office and made to pay a price.
Today we find that – as during the Obama administration DOJ lawyers are targeting businesses – with the express intention of getting them to settle – contribute to DOJ slush funds that are then used to funnel money to private groups that were purportedly the “victims”.
In what world is it the role of government to serve as a conduit to secure private funding for private groups ?
This sshould not only be unconstitutional – it is criminal – it is extortion.
John, I said it before and I will say it again. We no longer live in a Constitutional Republic. We are now a fascist oligarchy. People recognized the threat our Republic was facing and more recognize it now. That is why the support of Trump by Trump supporters was always so strong. Others thinking differently keep saying it can’t happen here. Whether or not we will be able to return to a Constitutional Republic is questionable.
At the moment we are really more in a state of anarchy.
We have rising fascism.
Aparently the IRS just revoked the tax exempt status of a christian group – because they teach the Bible – and well you know the Bible is “republican” and that would violate a federal statute.
There is also a former green beret who has come forward with audio of the FBI trying to recruit him to spy on the “Oath Keepers”.
We have an AG who thinks that people who beleive in limited government are terrorists.
And this was someone who Obama thought was qualified to sit on the Supreme court.
We have testimony of missing voting records from 2020 in Fulton County GA.
And FOIA obtained evidence that Raffensburger was aware of allegations of Fraud in Fulton county on election night and lied repeatedly to Trump about that.
And of course under oath testimony that the under the table ballots in Fulton country that were caught on Video – aren’t legitimate ballots.
We have video of Bats in the Wuhan Institute of Virology – as well as humanized mice, and evidence this is NOT the first lab leak – just the first to get completely out of control.
We have Putin telling the Press that in Russia – they do not shoot protestors – like Alishi Babbit, nor arrest hundreds of them.
And he is right – Putin conducts fraudulent elections – there are protests. But even Putin does not lock out the protestors or assassinate them.
Aparently a supermajority of americans oppose teaching CRT in school.
And a Wise black economist notes that while there is not significant white supremecy in the US today – if the left keeps this nonsense up – there will be.
We have 1400 hours of security video from Jan. 6 that republicans and the public are not allowed to see.
Didn’t we go through this nonsense with the collusion delusion before ?
To those on the left – eventually it will all come to light.
No I do not beleive we are a fascist state – nor that we will become one.
But the left is trying to conduct something close to the cultural revolution.
I doubt they will succeed – but they might.
We are in a dangerous and tumultuous political situation.
Lots of things are possible.
Mire likely than the successful ascendance of the left, is backlash that will may bring about all the left fears.
In the little boy who cried wolf – eventually the real wolf came, but then no one was listening.
Regardless we are in a very dangerous situation.
John, I’ll accept what you wish to believe, “At the moment we are really more in a state of anarchy. We have rising fascism.” I don’t see the anarchy though anarchy and swift change have something in common. What I see is the conversion of one society to another. I found it interesting what you posted next from that Chinese woman:
“Self-education is a uniquely Maoist creation …
Thought control must start with children at the earliest possible age. The Hitler Youth, the Balilla, and the Young Pioneers all served this purpose. Hence, the educational system within the totalitarian regime must be transformed into an institution of indoctrination and training ***in the service of “making” communists or fascists or progressives. *** To instill a set of beliefs that cannot be questioned is the means to forge a general pattern of thinking in generations to come; for example, the belief that white people are inherently racist. Education is married to ideology, readily identifiable by the domination of official textbooks while censoring competing ideas, learning by rote, symbolic rituals, slogans—all to ensure that everyone thinks the same. ”
John, I think we are on the same page. Now I will resume reading the MSM, social media and maybe attend a university so all three can attend to my ‘self-education’ at the same time.
We are in a state of anarchy/chaos for several reasons
First the outcome is not even close to decided
The left has interpreted the past election as a major victory
It was nothing of the sort
But for innumerable factors the outcome would have been radically different
Only a few of those factors impugn the outcome – lawlessness and fraud
The rest fall under the mantle of angels peeing in the barrel of your gun
They are the normal randomness of life
But all went against trump in ways that are not repeatable
We are already seeing clues that the electorate is making clear they did not endorse the current nonsense
PA overwhelmingly reign in the governors emergency powers forever
Despite gov wolf mangling the ballot language to make it nearly indecipherable
Republicans have been winning races in places they should not
The democrats support by minorities is cracking and very little is need to disadvantage democrats everywhere
Even with all the flukes and lawlessness Biden lost ground in every single demographic except white males
There is a serious issue with our education
We agree
And parents everywhere are stepping up
Contra idiots on the left here the public attacks on this nonsense in education are occurring in democratic strong holds
Often by immigrants or traditional liberals
Even the media according to one metrics is covering trump 20x more than Biden
I am not predicting anything
There are too many unknowns too many balls in the air
But this is a dangerous moment
Chaos and anarchy beget radical change
The left continues to double down on everything
The media has destroyed its own credibilty
The left media ratings are tanking to unheard of levels
Some right wing media is taking a small hit
But most is thriving
Credibilty matters
At least I hope so
“We are in a state of anarchy/chaos for several reasons First the outcome is not even close to decided”
John, you can think what you wish. It isn’t that important. However we have a government that is in power and governing. The government is not anarchtic and is governing as a central power. If it were anarchic we would be seeing something else. That our system is in a state of flux is obvious. That we cannot predict how it will turn out is also obvious but anarchy is not existing in the seat of government.
S. Meyer,
” anarchy is not existing in the seat of government.”
I agree. But it is a useful tool groups and governments sometimes give a longer leash to to steer perceptions and emotions. 🙁
Excellent article by Heather McDonald
https://www.city-journal.org/cornell-black-hole-class-racializes-astronomy?wallit_nosession=1
You say government is functioning
I do not think so
Biden was given an almost impossible to fail start
Yet he appears to be failing
No matter what he is taking an economy that should be blasting off
And it is not
It is too soon to tell if it is merely a repeat of Obama stagnation
Personally I doubt it
We are headed into too many uncharted waters
I would further note you say government is functioning
Not if everything else is coming apart
Think about the implications of this nonsense getting into STEM
Or frankly anything productive
How much failure will people tolerate ?
Who will listen to unpleasant music ?
Watch grating movies an tv ?
Watch woke sports ?
Drive on bridges that fail ?
Go to doctors that don’t heal ?
Even coke backed away from woke fast
Turns out that business needs good lawyers not woke ones
Again read the McDonald article
It is not just about academia
We see the same here all the time
There is no problem with being ideological
There is a large problem with being wrong
The world simply does not work as leftists wish
an interesting article by a chinese scholar in the US about comparisons between China and the US.
https://americanmind.org/salvo/the-peoples-republic-of-campus/
I’m still working but….
I haven’t watched this yet but will, LOL:), looks like Civility of Real Life America to me.
I hope Joe didn’t upset the Pre Op Tranny Clown something Brain’s feelings. LOL;)
“Your Show’s F*cking Terrible!”: Joe Rogan Destroys CNN’s Brian Stelter In Podcast Rant
teaser image
“Motherf*cker, you’re supposed to be a journalist!”
https://www.zerohedge.com/markets/your-shows-fcking-terrible-joe-rogan-destroys-cnns-brian-stelter