Judge tosses Soros-backed Kim Gardner’s bizarre lawsuit that claimed a racist conspiracy


ST.LOUIS, MO- A federal judge has tossed out a lawsuit that was filed by St. Louis Circuit Attorney Kim Gardner.

In it, she alleged that the city, the local police union, and others had a racist conspiracy and were attempting to block her agenda and run her out of office.

In his 19-page opinion, U.S. District Judge John Ross said that Gardner’s 32-page lawsuit:

“Can best be described as a conglomeration of unrelated claims and conclusory statements supported by very few facts, which do not plead any recognizable cause of action.”

He added:

“Gardner presents no specific material facts, circumstantial or otherwise, to show that defendants acted with each other for the purpose of depriving her or anyone else of a constitutional right to equal protection.

Her complaint is nothing more than a compilation of personal slights, none of which rise to a legal cause of action.”

According to reports, Gardner filed the lawsuit back in January accusing “entrenched interests” of intentionally impeding her efforts to reform racist practices in the criminal justice system and alleged civil rights violations as well as violations of the Ku Klux Klan Act of 1871.

Since Gardner took office over three years ago, more than 65 prosecutors have left the St. Louis Circuit Attorney’s Office, which equates to a turnover rate of more than 100 percent. Some attorneys left and others were fired, but since their leaving, the office has been in really bad shape.

Gardner, who is notoriously anti-police has continually tried to deflect the criticism of her management of the prosecutor’s office by complaining that the police department has failed to solve enough murders. Gardner also retweets when others criticize law enforcement.

In addition, soon after taking office in 2017 she announced she would cease prosecutions of low-level marijuana crimes. Then, in 2018, she developed an “exclusion list” of more than two dozen police officers who were barred from serving as primary witnesses in criminal cases over what she called, “credibility concerns.”

Roy Austin Jr., an attorney for Gardner said that nothing about the judge’s ruling changes the underlying merit of this case. He said:

“Kimberly Gardner has been viciously attacked by the coordinated powerful few simply because she is a black woman reforming the criminal justice system so that all people in the City of St. Louis are treated fairly.”

He added:

“We will continue to fight on behalf of Ms. Gardner until the truth of this conspiracy is brought to light.”

Gardner has called her case an “unprecedented” federal civil rights lawsuit against the city, the St. Louis Police Officers Association, the union’s business manager Jeff Roorda as well as Special Prosecutor Gerard Carmody and his children Patrick and Ryann Carmody, both of whom have helped with the special prosecutor’s investigation into the behavior of Gardner’s office during the trial of former Governor Eric Greitens.

She ended up dropping the charges against Greitens after questions were raised about her investigator’s conduct during the investigation.

According to reports, Jonathan Bruntrager, of Bruntrager & Billings who represented the police union and Roorda said that he was not surprised by the recent ruling. He said:

“The dismissal took a lot longer than we expected to come through, but obviously with COVID we understand the delay. But ultimately it confirms what we’ve been saying from day one, is that she was unable to plead any facts here.”

He added:

“It seemed to have been a political move on her part to file this kind of a lawsuit under this KKK statute that ultimately she couldn’t prove any facts of.”

Ross also tossed out counts claiming unreasonable search and seizure and abuse of power against the Carmody defendants and the City of St. Louis. He wrote:

“Gardner alleges the city and the Carmody’s instituted a baseless criminal investigation of her to harass and intimidate her and obstruct her agenda. This court has previously found these alleged ends are neither unlawful nor collateral.”

According to reports, Gardner recently added another 15 officers to her infamous exclusion list without providing any reason for adding them. Officers on the list cannot seek charges against people they arrest, apply for search warrants, or serve as essential witnesses in criminal cases.

Despite the controversy, Gardner, a Democrat won more than 60% of the vote in the primary election in August and she is virtually guaranteed to beat her Republican challenger in November due to the city’s liberal voting base.

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ST. LOUIS, MO — The office of St. Louis Circuit Attorney Kim Gardner said on Twitter that Missouri’s governor and President Donald Trump criticized her for investigating a case involving a couple who brandished guns at Black Lives Matter protesters outside their home last month.

At a news conference Tuesday, Gov. Mike Parson said Trump had expressed interest in the Mark and Patricia McCloskey case.

On June 28, protesters were marching to St. Louis Mayor Lyda Krewson’s home to demand her resignation when a mob of about 100 Black Lives Matter protesters went through a private gate on the McCloskey property.

Mark McCloskey told KMOV:

“A mob of at least 100 smashed through the historic wrought iron gates of Portland Place, destroying them, rushed towards my home where my family was having dinner outside and put us in fear for our lives.”

The couple made national news when photos and video showed the couple each pointing guns at protesters. Mark was holding a rifle, and his wife, Patricia, was pointing a handgun at a crowd of about 300 protesters.

The pair had a search warrant served on them last week, and police confiscated the rifle and inoperable handgun, which the couple brought outside their home during the protest, according to Bearing Arms.

On Wednesday, police confirmed that they had presented an “unlawful use of a weapon” case to the Circuit Attorney’s office and charges could come as early as Thursday.

In the meantime, U.S. Sen. Josh Hawley is calling for a federal civil rights investigation into Gardner’s handling of the case. In a letter to Attorney General Bill Barr, Hawley says that Gardner’s investigation is an “unacceptable abuse of power and threat to the Second Amendment.”

The letter further stated:

“There is no question under Missouri law that the McCloskeys had the right to own and use their firearms to protect themselves from threatened violence, and that any criminal prosecution for these actions is legally unsound.

“The only possible motivation for the investigation, then, is a politically motivated attempt to punish this family for exercising their Second Amendment rights.”

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The McCloskeys said they were “terrified” and called 911 as they grabbed their guns when the crowd approached their private, gated community. However, according to police, they did not receive a 911 call for help from that street during the time of the incident, according to KMOV.

Despite Mark’s claims, video circulating on social media shows protesters opening and walking through the unbroken gate. It is unclear when it was actually damaged or who destroyed it.

The couple also claims to have received death threats from the crowd. Mark told KMOV:

“One fellow standing right in front of me pulled out two pistol magazines, clicked them together and said ‘you’re next.’ That was the first death threat we got that night.”

St. Louis Circuit Attorney Kim Gardner said her office is investigating the incident and tweeted:

“I am alarmed at the events that occurred over the weekend, where peaceful protesters were met by guns and a violent assault. We must protect the right to peacefully protest, and any attempt to chill it through intimidation or threat of deadly force will not be tolerated.”

Gov. Parson said he spoke to Trump on the phone about this case. At a news conference on July 14, the governor expressed his belief the couple should not face charges.

Joel Schwartz, the couple’s attorney, told CNN he expected charges to be forthcoming earlier on Tuesday.

On July 16, Gardner’s office posted a statement on Twitter on her behalf.

In a July 14 tweet by the Circuit Attorney’s office, Gardner does not specifically mention what case she’s referring to in her statement or expand on how the governor or President Trump allegedly went after her:

“Today, both the Governor and Donald Trump came after me for doing my job and investigating a case. While they continue to play politics with the handling of this matter, spreading misinformation and distorting the truth, I refuse to do so. As I always do, I am reviewing all available facts and the law and will apply them equally, regardless of the people involved.”

Gardner previously told CNN in a statement that she was alarmed by the events involving the McCloskeys and her office is investigating.

“Make no mistake: we will not tolerate the use of force against those exercising their First Amendment rights, and will use the full power of Missouri law to hold people accountable,” she said earlier this month, according to CNN.

Gardner has fired back at Hawley, Gov. Parson and President Trump, telling the Washington Post she has received death threats and racial abuse as a result of the publicity the story about the McCloskeys has gotten.

Gardner called the threats a “modern day night ride” and added that for “the president to participate in it, in the larger context of racism and cronyism, is scary.”

Gardner is up for re-election and recently had a heated debate with her opponent, Mary Pat Carl, who was the city’s lead homicide attorney and prosecutor for 15 years. During the debate with Carl, Gardner said:

“I’ll tell you who won’t stop me from reforming [the] system is police union chief Jeff Roorda; doesn’t matter. The Trump wannabe Missouri attorney general, along with others that continue to tell lies and divisive rhetoric.”

Carl said the circuit attorney’s office is dysfunctional and nobody wants to stay:

“We’re down to 17 trial attorneys and cases are being handed off from one attorney to another. That’s not stability and cases are being dismissed because nobody is there to try them.”

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