https://www.cnn.com/2020/07/20/us/st...ges/index.html

If there was ever a case of prosecutorial misconduct, this is it. This prosecutor is going our of her way to prosecute this law abiding couple while allowing actual criminals to walk free by declining to prosecute them. She should be charged with abuse of power and civil rights violations as she is completely ignoring the actual law that allows this couple of defend themselves and at the same time ignoring the crimes committed by the "peaceful" protesters that illegally entered their property, destroying property and threatening the lives of this couple. She should be charged and if convicted, sentenced to the full extend of the law.

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To argue with a person who has renounced the use of reason is like administering medicine to the dead - Thomas Paine

A lie doesn't become truth, a wrong doesn't become right, and Evil doesn't become good, just because it is accepted by the majority. - Booker T Washington

I somewhat disagree with the logic of the couple's lawyer. The second amendment does not "balance the first". Whilst each of the ten Amendments is connected to the other, (none can stand alone) they in no way "balance" each other.

They simply enumerate what the government cannot do or legislate as a crime because the rights are in-alienable.

On a humous side note, the woman's gun was a toy, not real. The man was holding his but it was unloaded. Both legal but absolutely stupid acts. Never point a gun or employ a gun unless you are prepared to use it. This couple was not. As a result, the brandishing charge may, in fact, have legs.

That said, the property was private, including the street. The "demonstrators" tore down the gate making them trespassers who damaged private property. The constitution guarantees the right "of the people to peaceful assembly" I doubt the actions of the protestors meets that definition.

BTW, Our state AG has promised to curtail the actions of Kimberly Gardener, the CA prosecutor. The Governor has offered a pardon.

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I am going to hang a Batman Costume in my closet. .......... Just to screw with myself when I get alzheimer's.
sola gratia, sola fide, sola scriptura.

I AM NOT A REPUBLICAN, I AM A FREEMAN, THE DEMOCRATS WORST NIGHTMARE

If the couple had just simply held their firearms or toys or whatever, the trespassing monkeys would still have accused them of threatening them. Anybody want to say differently?

The Second Amendment guarantees the government that people will attempt to solve problems the legal way. Yes, it is unalienable. If the anti-gunners attempt to disarm the people, all Hell will break loose. This is America, not China.

A "nonviolent protest" does not give them the right to trespass, if this idiot prosecutor wants so badly to make a name for her self by going after the McCloskeys then she should also go after the protesters for their crimes. Otherwise drop it and walk away.

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All in all you're just another brick in the wall

The article in the OP summarizes quite well some very important points:

(1) Missouri's "Castle Doctrine" makes the defense of one's house entirely legal. (In fact, it would be legal--I would think--to defend one's home, in the other 49 states, also. But this surely clears up the matter.)

(2) Circuit Attorney Kim Gardner has called it a "peaceful protest"--even though the so-called "protestors" broke down the McCloskeys' gate, and appeared to be on the brink of overrunning their house.

(3) It should be evident that this was a politically inspired indictment.

(4) Missouri Attorney General Eric Schmitt "swiftly filed a brief in the case to have it dismissed," according to the article.

(5) If it does go to trial the McCloskeys almost certainly will be acquitted by a jury of their peers.

(6) If--for some unforeseeable reason--they were actually to be convicted, the Missouri governor, Mike Parson, has already indicated that he would pardon them.

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"In his second inaugural address, [Franklin D.] Roosevelt sought 'unimagined power' to enforce the 'proper subordination' of private power to public power. He got it…"—George Will, July 8, 2007

The justification for pardons by the Governors and the Presidents are for just such occasions of misguided prosecutions. Not for Rich (pun intended) friends who donate to political campaigns.

That said, any decent judge would throw this case out of his court and ask for investigation into prosecutorial misconduct. Kimberly gardener is a disgrace to the legal profession. And given the sleaze reputation of the modern day legal profession, that is saying something

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I am going to hang a Batman Costume in my closet. .......... Just to screw with myself when I get alzheimer's.
sola gratia, sola fide, sola scriptura.

I AM NOT A REPUBLICAN, I AM A FREEMAN, THE DEMOCRATS WORST NIGHTMARE

Right on the Marc...

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"You get the respect that you give" - cnredd

__________________
I am going to hang a Batman Costume in my closet. .......... Just to screw with myself when I get alzheimer's.
sola gratia, sola fide, sola scriptura.

I AM NOT A REPUBLICAN, I AM A FREEMAN, THE DEMOCRATS WORST NIGHTMARE

not to worry; the gestapo will be sent in soon.

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O. K., if the Iraqui government wants assist with troop traing from the U. S., wouldn't it ber better, cheaper and easier, to bring THEM to Ft. Benning?

What in the world are you talking about? Do you even understand the topic or are you just off your meds again?

Please refrain from posting your nonsense in threads that are addressing a serious topic. You are adding nothing of value to the conversation.

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To argue with a person who has renounced the use of reason is like administering medicine to the dead - Thomas Paine

A lie doesn't become truth, a wrong doesn't become right, and Evil doesn't become good, just because it is accepted by the majority. - Booker T Washington