On July 20, 2020, St. Louis Circuit Attorney
Kimberly Gardner filed charges against Mark and Patricia McCloskey for unlawful use of a weapon, a
class E felony which can carry a sentence of up to four years in prison and a fine of $10,000. This decision drew national attention and criticism from Republican politicians. Schmitt expressed his concern for "the chilling effect that this [case] might have with people exercising their
Second Amendment rights". Retired
Missouri Supreme Court Chief Justice
Mike Wolff was critical of the intervention, stating that Schmitt "had no role at the
trial court level and might be called on to represent prosecutors if the McCloskeys are convicted and appeal". On July 29, 2020, Schwartz filed a motion to disqualify Gardner and her office from pursuing the case, arguing that she was not neutral. Gardner had sent out campaign literature and fundraising emails in the
Democratic primaries referencing the charges against the McCloskeys before any charges were brought against them. On July 30, 2020,
KSDK reported that the lead St. Louis police detective investigating the McCloskey case had refused to sign at least two versions of court documents which were drafted by the prosecutors, showing that police had reviewed videos taken June 28 during the incident and had contended that at least one protester in the crowd was armed and another was wearing a bullet-resistant vest. On October 6, 2020, a grand jury indicted both of the McCloskeys for exhibiting guns at a protest and tampering with a weapon. Missouri governor
Mike Parson said he would "certainly" pardon the McCloskeys if they were convicted. On December 11, 2020, Circuit Judge Thomas Clark II disqualified circuit attorney Gardner from prosecuting the case against Mark McCloskey, ruling that the circulating of fundraising emails alluding to the McCloskey case "raises the appearance that she initiated a criminal prosecution for political purposes." On February 24, 2021, U.S. attorney
Richard G. Callahan was appointed as a special prosecutor to the case. On June 17, 2021, the McCloskeys pleaded guilty to misdemeanor offenses, with Mark being charged with fourth-degree assault and Patricia being charged with second-degree harassment. Mark averred that, with all other charges dropped, he had, indeed, "instilled fear" in the mob, as charged, and that any time they come to threaten him he will do the same thing 'again, and again, and again.' On August 3, 2021, Parson pardoned the McCloskeys. ==Reaction==