The case of the McCloskeys, who deterred “protesters” on private property from destroying their home and causing them harm, has taken another turn. Yesterday, the local circuit attorney, a rabid George Soros funded partisan named Kim Gardner, weighed in to announce that the couple will be charged with felonies for “brandishing” weapons in their own yard to the group of trespassers who were threatening to kill them and their dog.
1/ Statement from Circuit Attorney Kimberly M. Gardner – Today my office filed charges against Mark and Patricia McCloskey following an incident involving peaceful, unarmed protesters on June 28th. Full statement below: pic.twitter.com/zPucQ3MHs5
— Circuit Attorney (@stlcao) July 20, 2020
Now, the Missouri Attorney General, Eric Schmitt, has finally weighed in and is looking to dismiss the case.
The right to defend one’s person, family, home and property has deep roots in Missouri law. Self-defense is the central component of the right to keep & bear arms, which receives the highest protection from the MO Constitution. #2A
— Eric Schmitt (@Eric_Schmitt) July 21, 2020
A highly publicized criminal prosecution of citizens for exercising these fundamental freedoms threatens to intimidate & deter law-abiding citizens from exercising their constitutional right of self defense.
— Eric Schmitt (@Eric_Schmitt) July 21, 2020
I have a duty to protect & defend the const & statutory rights of Missourians including the Constitutional right to keep & bear arms & the right to self-defense by way of our Constitution & Missouri’s Castle Doctrine.
— Eric Schmitt (@Eric_Schmitt) July 21, 2020
This case is extraordinary. Based on widely reported facts, this prosecution targets conduct explicitly protected both by the MO Constitution & statutes setting forth the “Castle Doctrine” of self-defense. #2A
— Eric Schmitt (@Eric_Schmitt) July 21, 2020
This political prosecution is not based in law and as long as it continues it will send a public message to ALL Missourians: If you dare to exercise the fundamental right to keep & bear arms in defense of family and home, you may be prosecuted and sent to prison. #2A
— Eric Schmitt (@Eric_Schmitt) July 21, 2020
This “core and lawful purpose” includes “the right of law-abiding, responsible citizens to use arms in defense of hearth & home.” See Heller.
The right to keep & bear arms is a “fundamental right” that is “necessary to our system of ordered liberty.” See McDonald case. #2A
— Eric Schmitt (@Eric_Schmitt) July 21, 2020
Thus under principles of English law that the Founders viewed as fundamental, the right to keep & bear arms was “a recognition of the natural right of defense of one’s person or house as part of the law of self preservation & central to the #2A."
— Eric Schmitt (@Eric_Schmitt) July 21, 2020
He continues is a very lengthy thread which you can find at this link.
Everything he says here is correct. Missouri has fairly lax laws when it comes to protecting ones property (as they should be). It is not a crime to show a weapon to those threatening to invade your property. Such a right is completely fundemental to not only Missouri law, but the Constitutional right to bear arms. The idea that you can now be charged with a felony for deterring a mob from entering your property, even after they’ve trespassed and made threats, is absolutely insane. Such a precedent would essentially destroy the right to self-defense. Is the new standard that you must have already been beaten up or shot before you can defend yourself?
It’s vital that this case go down in flames and down hard. I’m not sure who appointed the judge that will hear this prosecution, but political persuasion should not matter. We need a judicial system that is truly blind and the expectation here should be that the judge does the right thing, legally and morally. Kim Gardner has let violent rioters go after they destroyed property and committed assaults. She is clearly engaged in a twisting of the law, ignoring basic rights, to make a political point. These are the fruits of George Soros’ nationwide funding effort to elect local prosecutors. The damage being done here could be extensive if this case isn’t slapped down immediately.
Meanwhile, the media are continuing to play the disgusting game where they pretend the McCloskeys have no rights to defend themselves even on their own property and that the mob had every right to rip down a gate and threaten them. These people seem perfectly happy setting the Constitution on fire if it means allowing anarchy to reign and the defeat of Republicans. There is no line they aren’t willing to cross and the alligator is going to eventually eat them. When that happens, none of us will be there to defend them.
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