Will the Rule of Law Prevail? – IOTW Report

Will the Rule of Law Prevail?

Baltimore Six – Federal Judge Allows Malicious Prosecution Case Against Marilyn Mosby To Proceed…

Conservative Treehouse

Interesting development in the aftermath of the Baltimore Six trials in the death of Freddie Gray.   A federal judge, Marvin J Garbis, has allowed a “malicious prosecution and defamation” lawsuit against Baltimore Prosecutor Marilyn Mosby to proceed.

Ms. Mosby’s position was that she held absolute prosecutorial immunity from actions taken as a state’s attorney.

Under normal prosecutorial constructs her office would most likely be correct. However, the judge rightly pointed out that Mosby conducted an independent investigation using her office for more than just prosecution:

“Plaintiffs’ malicious prosecution claims relate to her actions when functioning as an investigator and not as a prosecutor,” Garbis wrote.

You might remember, almost all of the initial findings -used to construct the original charging documents against the Baltimore officers- stemmed from Ms. Mosby’s own independent investigation of fact.

It appears Marilyn Mosby’s independent approach, to ensure the officer’s arrests and prosecution, could now be her own undoing.  Judge Garbis attaches direct liability to her for actions, behaviors and decisions she exclusively controlled.

Go the the Treehouse for the rest of the excellent article.

21 Comments on Will the Rule of Law Prevail?

  1. If you only watch or read the liberal media you would believe that no white people have been shot by the police. Since Obama took office.
    It pays to have the media on your side.

  2. When Trump said many, many times over the course of the last year and half — things are going to change so fast their heads will spin! New Supreme Court justice, all new State Attorneys, new DoJ, 4 new seats on the 9th circuit, a whole bunch of new federal judge appointments. Our biggest problem, jobs aside, has been a BLM president who has allowed the country to be taken over by rapacious thugs. And they all thought clinton would be elected! hahahhhhaa! As revrum wright would say: “The chickens are coming home to roost!”

  3. Among many things I’m waiting for him to accomplish, Nation Wide Carry, no more safe zones. Confront California’s communist regime. Odds are we will be at war with Islam for many years. They are here, and they are recruiting.

  4. Even a half-wit first year lawyer knows you cannot be the investigator and the lawyer the same case. Inherent conflicts, ethical and otherwise, and the lawyer, rightfully, gets hit if push meets shove, which it did.

    I’m so glad she effed it up.

  5. The PDF included with the article was very interesting. Mosby’s affirmative defenses were that the officers’ defamation and invasion of privacy claims are subject to a one-year limitations period and that her statements at the press conference were protected by conditional privileges. Obviously the judge disagreed. This is SO VERY delicious.

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