Missouri Attorney General Eric Schmitt said Tuesday he's stepping in to seek to have charges filed against St. Louis attorneys Mark and Patricia McCloskey dropped, arguing that state and federal law allows them to be on their property with guns to protect their home from nearby protesters.
"(The protesters) were on their way to the mayor's house, which has been vandalized several times," said Schmitt on Fox News' "America's Newsroom." "The important fact is that this is a private street and private property. The charges being brought here amount to nothing more than political prosecution."
The McCloskeys, both in their 60s, face felony charges of unlawful use of a weapon and misdemeanor charges of fourth-degree assault. Kim Gardner, the St. Louis circuit attorney, said their actions risked creating a violent situation during a nonviolent protest.
The right to self-defense, he added, is "fundamental" in the United States and guaranteed in the Constitution's Second Amendment.
"It's in the Missouri Constitution and also Missouri's castle doctrine," Schmitt said. "Missouri has one of the strongest castle doctrines in the country, and what it says is, you have the right to defend yourself, the lives of your family members, your home, and your property. The law is very clear . . . it's not even a crime."
Further, during a time when there are calls to defund the police, and violence is "spinning out of control, including in St. Louis," Gardner is targeting the McCloskeys, who were exercising their rights, said Schmitt.
"We decided to take a stand, and while we are fortunate that the situation did not escalate into deadly force, this type of conduct is flexible in St. Louis and we must protect the right to peacefully protest and any attempt to chill it through intimidation is not acceptable," said Schmitt.
Missouri Governor Mike Parson promised Monday that if the McCloskeys are found guilty, he'll pardon them, but Schmitt said he does not think matters will get to that point, as "charges should have never been brought."
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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