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Re: McClosky took a plea deal [Re: warrior] #7289711
06/19/21 01:26 PM
06/19/21 01:26 PM
Joined: Dec 2010
Posts: 34,872
Central, SD
Law Dog Offline
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Law Dog  Offline
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Central, SD
Pretty sure she looked like she was protecting her property in a gated community, the way she handled the gun was scary but they put her in that position to begin with. She still has a house now, had the fools burnt the place down then nobody would of went to court.

They are looking at the long game is all if challenged in court and they lose the options narrow greatly depending on it being a Felony, Class I or Il misdemeanor having no real impact on your record they probably pled to. It’s not a bad move if the system is stacked against them to take a guaranteed the lowest charges that mean little down the road.

Last edited by Law Dog; 06/19/21 01:49 PM.

Was born in a Big City Will die in the Country OK with that!

Jerry Herbst
Re: McClosky took a plea deal [Re: warrior] #7289723
06/19/21 01:56 PM
06/19/21 01:56 PM
Joined: Dec 2006
Posts: 7,518
WI>>>MN >>>WI
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I read that along with fines of $750 for him and $2000 for her; they had to surrender their guns.

I don't know if that means:
  • just the guns in question
  • all of their guns
  • right to own guns
It really has me wondering considering they were promised a pardon if convicted.


Man who mistake shillelagh for fairy wand; see pixie dust, also.
Re: McClosky took a plea deal [Re: warrior] #7289736
06/19/21 02:10 PM
06/19/21 02:10 PM
Joined: Dec 2010
Posts: 34,872
Central, SD
Law Dog Offline
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Law Dog  Offline
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Central, SD
Can’t take your right to own a gun for a misdemeanor charge the charge they pled to was not firearms related from what I have read. If the plea was to give up the guns they took from them so the prosecutor looks tough in doing so. Sounds like the charges are low level speeding ticket level stuff.


Was born in a Big City Will die in the Country OK with that!

Jerry Herbst
Re: McClosky took a plea deal [Re: warrior] #7289744
06/19/21 02:18 PM
06/19/21 02:18 PM
Joined: Dec 2006
Posts: 29,866
williamsburg ks
D
danny clifton Offline
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williamsburg ks
Quote
Can’t take your right to own a gun for a misdemeanor charge


Some misdemeanors they can and do. any domestic violence. domestic violence can now be yelling. its called verbal assault. it can also be spanking.


Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
Re: McClosky took a plea deal [Re: warrior] #7289849
06/19/21 05:50 PM
06/19/21 05:50 PM
Joined: Dec 2010
Posts: 34,872
Central, SD
Law Dog Offline
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Law Dog  Offline
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They were charged with no charges of violence or gun related issues, yes domestic violence has enhanced restrictions if convicted. From the post I read it was a minor nuisance charge just a “they had to charge them with something” to do the plea deal. I’ll need to look at it again but misdemeanors won’t get you to prison or any jail time in many cases.

Just legal smoke and mirror dog and pony lawyer stuff.


Was born in a Big City Will die in the Country OK with that!

Jerry Herbst
Re: McClosky took a plea deal [Re: warrior] #7289898
06/19/21 07:33 PM
06/19/21 07:33 PM
Joined: Mar 2013
Posts: 2,171
chelsea,wi
keets Offline
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chelsea,wi
them DA's like to get ANYTHING on your record...just to use it in the future....ANYTHING...happens in the future...now you have a repeat "problem"


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Re: McClosky took a plea deal [Re: danny clifton] #7289900
06/19/21 07:42 PM
06/19/21 07:42 PM
Joined: Jan 2007
Posts: 6,482
central Haudenosaunee, the De...
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white marlin Offline
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central Haudenosaunee, the De...
Originally Posted by danny clifton
domestic violence can now be yelling. its called verbal assault. it can also be spanking.


uh oh!

Re: McClosky took a plea deal [Re: warrior] #7289913
06/19/21 08:08 PM
06/19/21 08:08 PM
Joined: Mar 2012
Posts: 309
Iowa
R
riverratdm Offline
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Iowa
Perfect Republican canidates. Act like they are tough and fighting but then cave and give them what they want when things get difficult.

Re: McClosky took a plea deal [Re: warrior] #7289935
06/19/21 08:45 PM
06/19/21 08:45 PM
Joined: Jan 2007
Posts: 6,482
central Haudenosaunee, the De...
W
white marlin Offline
trapper
white marlin  Offline
trapper
W

Joined: Jan 2007
Posts: 6,482
central Haudenosaunee, the De...
pretty tough/insane to fight the full weight of the US Govt.

would YOU be up to the task?

Re: McClosky took a plea deal [Re: warrior] #7289944
06/19/21 08:56 PM
06/19/21 08:56 PM
Joined: Dec 2006
Posts: 29,866
williamsburg ks
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danny clifton Offline
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danny clifton  Offline
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williamsburg ks
I was always taught if you shoot a bear or lion in self defense you better need stitches. I dont think brandishing a firearm in that fashion was very smart . For starters, they were out in the open. Easy targets for anyone who did want to harm them.


Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
Re: McClosky took a plea deal [Re: warrior] #7290015
06/19/21 11:26 PM
06/19/21 11:26 PM
Joined: Dec 2010
Posts: 34,872
Central, SD
Law Dog Offline
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Being a lawyer a felony would of cost him his job and hurt his run for public office that he aspires to maybe in the future. He skated any real charges and the worthless prosecutor got 2 guns out of the deal win win for both of them.


Was born in a Big City Will die in the Country OK with that!

Jerry Herbst
Re: McClosky took a plea deal [Re: warrior] #7290016
06/19/21 11:29 PM
06/19/21 11:29 PM
Joined: Aug 2011
Posts: 45,491
james bay frontierOnt.
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Boco Offline
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james bay frontierOnt.
He should have just shot at their feet and told them to dance.


Forget that fear of gravity-get a little savagery in your life.
Re: McClosky took a plea deal [Re: Boco] #7290020
06/19/21 11:33 PM
06/19/21 11:33 PM
Joined: Dec 2010
Posts: 34,872
Central, SD
Law Dog Offline
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Law Dog  Offline
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Originally Posted by Boco
He should have just shot at their feet and told them to dance.




That’s out West stuff get it together! LOL


Was born in a Big City Will die in the Country OK with that!

Jerry Herbst
Re: McClosky took a plea deal [Re: warrior] #7290116
06/20/21 08:07 AM
06/20/21 08:07 AM
Joined: Mar 2018
Posts: 2,226
Missouri
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HayDay Offline
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I could see the plea deal for the actions, but he lost me when they gave up the guns.

Prosecutor Kim Gardner is herself on the hot seat for running a corrupt and activist agenda and this is letting her off the hook for this egregious action. If he wanted to have any chance at all in his senate run, should have been in HER face, not slinking out the back door.

Re: McClosky took a plea deal [Re: warrior] #7290649
06/20/21 09:48 PM
06/20/21 09:48 PM
Joined: Dec 2010
Posts: 34,872
Central, SD
Law Dog Offline
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Central, SD
Smoke and mirrors legal BS.
[Linked Image]


Was born in a Big City Will die in the Country OK with that!

Jerry Herbst
Re: McClosky took a plea deal [Re: warrior] #7290675
06/20/21 10:34 PM
06/20/21 10:34 PM
Joined: Jan 2007
Posts: 25,593
Georgia
warrior Offline OP
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This weeks vivafrei youtube podcast with Robert Barnes goes into pretty good detail on the legal risks and strategy and honestly I can't say I blame the McCloskeys for taking the deal. They never should have been charged in the first place. It's a two hour podcast but the McCloskeys are discussed in the second segment.

While a possible pardon was on the table it was only good for as long as the governor was in office. No guarantee if he will win reelection, probably will but no guarantee.
No preemptive pardon in MO, pardon can only be given after conviction.
No guarantee a trial would be scheduled before governor left office.
A trial jury would be selected in liberal St Louis.
Even with a pardon, a felony conviction would place their law licenses at risk due to facts found at trial.
The special prosecutor was never going to drop charges, period. They had to save face from the mess the first prosecutor had put them in.
The Senate run may be a pressure tactic on the prosecutor.
The deal allows the prosecution to claim a win while removing all risks for the McCloskys. Everyone involved takes home a win.


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Re: McClosky took a plea deal [Re: warrior] #7290676
06/20/21 10:35 PM
06/20/21 10:35 PM
Joined: Jan 2007
Posts: 25,593
Georgia
warrior Offline OP
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Re: McClosky took a plea deal [Re: warrior] #7290679
06/20/21 10:38 PM
06/20/21 10:38 PM
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Posts: 45,491
james bay frontierOnt.
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Boco Offline
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james bay frontierOnt.
Phony-polo shirt says it all.
Should be wearing a rambo camo shirt.


Forget that fear of gravity-get a little savagery in your life.
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