Sen. Hawley calls on DOJ to investigate St. Louis circuit attorney after gun couple is charged
Missouri GOP Sen. Josh Hawley reacts to criminal charges being filed against the McCloskeys and discusses his new legislation to crack down on China.
The case against a St. Louis couple who went viral after brandishing guns at a crowd of protesters marching to the mayor’s home last month is a "textbook" abuse of power, Missouri Republican Sen. Josh Hawley said Tuesday.
In an interview on "Fox & Friends," Hawley told host Steve Doocy that Mark and Patricia McCloskey – both personal injury attorneys in their 60s – had "the right to do what they did."
"Let's just review the facts: they're on their own property, they were carrying lawful firearms that they lawfully possessed, and there were trespassers who had broken down a gate and were coming onto their property, and [the] couple said, 'Get off our property! I mean, don't hurt us. Get off of our area!'" he said. "And, they had every right to do that."
On Monday, St. Louis Circuit Attorney Kim Gardner announced she would charge the couple with felony unlawful use of a weapon
Mark and Patricia McCloskey drawing their firearms on the crowd marching toward St. Louis Mayor Lyda Krewson's home last month. On Monday, St. Louis Circuit Attorney Kim Gardner announced criminal charges against the couple. (DANIEL SHULAR/via REUTERS, File)
"It is illegal to wave weapons in a threatening manner -- that is unlawful in the city of St. Louis," Gardner said in a statement. She added that she was recommending a diversion program as an alternative to jail if the McCloskeys are convicted.
However, within hours of the ruling, Missouri Attorney General Eric Schmitt filed a brief seeking to dismiss Gardner’s charges on the grounds that the couple's Second Amendment rights are being violated.
“The right to keep and bear arms is given the highest level of protection in our Constitution and our laws, including the Castle Doctrine, which provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm,” Schmitt said in a prepared statement provided to Fox News.
“Despite this, Circuit Attorney Gardner filed suit against the McCloskeys, who, according to published reports, were defending their property and safety. As Missouri’s Chief law enforcement officer, I won’t stand by while Missouri law is being ignored,” he added.
On the same night, Missouri Gov. Mike Parson told "Hannity" that "without a doubt," he will pardon the McCloskeys.
"Without a doubt, Sean," he said when asked about a pardon. "I will do everything within the Constitution of the State of Missouri to protect law-abiding citizens and those people are exactly that. They are law-abiding citizens, and they're being attacked frankly by a political process that's really unfortunate."
The McCloskeys have said they were defending themselves, with tensions high in St. Louis amid nationwide police protests sparked by the police custody death of George Floyd. The McCloskeys said that the crowd of demonstrators broke an iron gate marked with "No Trespassing" and "Private Street" signs and that some violently threatened them.
Hawley confirmed that he has since penned a letter to Attorney General William Barr asking him to launch an investigation into the case.
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"And, here's the other piece of it that is really important here: this same prosecutor has had dozens, dozens of violent rioters and looters brought to her by the St. Louis Police Department and she hasn't prosecuted them," he said. "She's let them go. She's turned them back out onto the street and then she goes after this couple who are absolutely entitled under the United States Constitution, the Missouri Constitution, and Missouri law to protect their own property. It's a terrible miscarriage of justice."
Fox News' Louis Casiano, Bradford Betz, Charles Creitz, and The Associated Press contributed to this report.