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Hey Mosby, congratulations, you’re a laughingstock

Hey Mosby, congratulations, you’re a laughingstock

You sought quiet instead of justice, and in doing so disgraced your office and yourself.

I have left the coverage of the prosecution of six police officers in the Freddie Gray case to Andrew Branca. He had almost 100 posts.

As with the Geroge Zimmerman, Michael Dunn and other trials, Andrew did a superb job.

From the start of the prosecutions in the Freddie Gray case, Andrew called BS on the charges. One of his early posts on May 1, 2015, was Freddie Gray Cops Charges – Justice or Political Theater?


… it strikes me as even less of a foundation for the charges brought here than was the evidentiary foundation for the second degree murder charge brought by Florida Prosecutor Angela Corey against George Zimmerman in the self-defense shooting of Trayvon Martin.

And we all remember how that ended:  Zimmerman Verdict Reached: NOT GUILTY.

The dropping of all charges this morning against the remaining defendants, after three acquittals, is a vindication of Andrew’s analysis.

It’s also nice to see his hard work and analysis recognized once again.

Mosby’s press conference after dropping the charges was all fury, as if she thought ending the case the way she started it would save her legacy:

I don’t think I’ve said a lot about the prosecutions to date.

So let me give you my highly refined take, after careful consideration and with due respect to our adversarial system and the important role played by prosecutors:

Mosby, you have shamed your office in pursuing policitally-motivated prosecutions in order to appease a mob of rioters and hooligans who threatened to burn Baltimore down. You could have been honorable and brave and stood up to the mob, but instead you sought quiet instead of justice. Perhaps you had greater political ambitions, or just were a coward. Either way, you disgraced yourself. You are a joke, a laughingstock, to be remembered as we now remember Mike Nifong. Congratulations.


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You’re such a pantywaist sometimes, Prof. Just let us know how you really feel. It will be cathartic.

    Astroserf in reply to Daiwa. | July 28, 2016 at 1:31 am

    She Nifonged herself has a nice ring to it I think. Thanks for the suggestion Professor.

Boston College Law School’s famous graduate demonstrates why affirmative action is such a worthwhile program and should be continued indefinitely.

BCLS has promised that more Mosbys are on the way.

“You are a joke, a laughingstock, to be remembered as we now remember Mike Nifong.”…… Hope springs eternal. (Nifong was a white male not a doubly protected minority…. er… triply protected… forgot that “Democrat” thingy in her case.)

legacyrepublican | July 27, 2016 at 9:24 pm

Her rap name now: Mosbygone

She should be disbarred. She crossed every ethical line, as a professional and as a human being.
She brought shame upon herself and her office, upon her profession, upon the city of Baltimore and the state of Maryland, and upon the American judicial system.

If she is not disbarred, that would be a sign of additional cowardice by the Maryland Bar Association.

    amwick in reply to Exiliado. | July 27, 2016 at 10:52 pm

    There was a post from an earlier thread from someone that had personal experience with the Maryland State Bar. From what I remember it didn’t speak well of them (it). Hope that is wrong.

So Mosby spends 12 minutes spewing hate towards the police department, the judge and the criminal justice system (of which she is a part), and then at the end she says she won’t take questions because she is subject to a civil suit. So she expressly acknowledges that she shouldn’t make public remarks about the case because she is subject to a lawsuit…after she spends 12 minutes doing exactly that. Not the brightest bulb.

Can the judge find her in contempt for what she said in the presser. I believe she did say a few things about the judge that crossed the line.

I know that she said a few things that are going to hurt her in the civil suit. She basically admitted that she did it without any good faith basis for prosecuting the officers. Now I think there will be little trouble piercing the sovereign immunity veil.

    RodFC in reply to RodFC. | July 27, 2016 at 9:46 pm

    I’m sorry I want want to be clear and the question is proper to phrase unambiguously. I am not asking if she did something contemptuous, I am asking that if the judge thinks she did say something can he find her in contempt?

    The court case is over, so there can be no contempt of court regarding that case. This is more in the realm of ethics violation. I’ve never seen a public prosecutor do this in a first world country. The judge should report her, if not outright sue her for slander because of her implication that he is prejudiced against her prosecutions, rather than finding them wanting for lack of evidence, which is what the judge said, meaning she’s implied he’s a liar.

    Ragspierre in reply to RodFC. | July 27, 2016 at 11:07 pm

    I’ve listened twice to her tirade/presser.

    She didn’t say anything that even violated the rules of ethics regarding the judge.

    She did tell multiple lies, and she did…if anything…rouse the rabble again.

    The poor thing was beside herself with rage.

      Arminius in reply to Ragspierre. | July 28, 2016 at 1:37 am

      Any lies that will torpedo her defense in the civil case?

        Ragspierre in reply to Arminius. | July 28, 2016 at 9:56 am

        Mostly, it was self-justification, perhaps a lot with her civil legal issues in mind. She was as close to literally hopping mad as I think I’ve seen anyone in a presser.

          Gremlin1974 in reply to Ragspierre. | July 28, 2016 at 1:29 pm

          I spent 10 years as a psych-nurse and I would agree she seemed; well I think the technical term is “Pissed to the gills”. I would almost bet that the decision to drop the charges wasn’t her’s and she was forced to do so, most likely at the behest of what has turned out to be a very fair and reasonable Judge. Judge Williams decisions have made it very clear to me that he was not at all impressed and had had just about enough.

          Arminius in reply to Ragspierre. | July 28, 2016 at 1:31 pm

          Thanks. I tried. I really tried. But I couldn’t stand to watch more than three minutes of this.

          There’s no way I’m going to be able to get through all 12 minutes as long as I’m entirely sober. Maybe a couple of shots of bourbon would put me in the kind of mood where I can sit back and laugh. But that will have to wait until the weekend.

          By self-justification I take it she was trying to alibi herself after the fact.

      iconotastic in reply to Ragspierre. | July 28, 2016 at 2:07 pm

      Twice??? Either you deserve an award or immediate medication (maybe both). I got through 3 minutes and stopped before my blood pressure rose to dangerous levels.

      I listenws to the list of “problems” and came away thinking that I’ve never heard anybody every complain about “not be able to control bench vs jury trial” before.

        Milhouse in reply to Neo. | July 28, 2016 at 3:31 pm

        Well, only MD prosecutors ever would complain about it, because this is a peculiar MD rule. In most places the prosecution can insist on a jury trial if it likes.

    Mosby could possibly be removed from office (without disbarment proceedings if she does not watch what she says about MD Judge Williams.

    There has been a most interesting, but little discussed dust up down here in North Carolina with yet another Durham County District Attorney. Although boasting a double/triple protected class status, Black/female/victim DA Tracey Cline was removed from office for extra-judicial comments she made about a well-respected Black Superior Court Judge.

    (See: )

Thanks for the kind words, Professor! 🙂

–Andrew, @LawSelfDefense

    Estragon in reply to Andrew Branca. | July 28, 2016 at 5:35 am

    Entirely deserved! As with your coverage of the Zimmerman case/trial, it was comprehensive, accurate, and prescient.

    Mosby may lose in the grand scheme of things, of course the cost to the lives and careers of the wrongly charged officers is great and personal. But the real biggest losers in this long fiasco over an accidental death are the people of Baltimore, who have seen their police undermined and hobbled. Public safety has suffered because of Mosby’s grandstanding gambit, and it may not recover in that city for a generation.

Having watched the full ‘announcement’, I have to conclude she is completely clueless about the actual job of a prosecutor. She’s wholly invented an entirely new mission, unfounded in actual law. That performance was nothing more than an audition for Al Charlatan’s job.

An ethical prosecutor would have acknowledged that the cases were presented in good faith (whether you believe that is up to you), were lost before a qualified trier of fact and announced that the Not Guilty verdicts of the court would be respected. She should have taken care to avoid inflaming the public against the officers charged and acquitted. The ‘justice’ she wants is a perversion of the term. May she, therefore, reap her ‘just’ rewards.

    Neo in reply to Daiwa. | July 28, 2016 at 2:43 pm

    When you’re raised believing that any SA can “railroad” anybody into prison based on absolutely nothing, I guess it’s a real shock when you actually become a SA and it can’t be done.

    She obviously now feels oppressed.
    Her power to “railroad” has been denied by some phantom racists.

Can she sue her law school? LOL!

You sought quiet instead of justice, and in doing so disgraced your office and yourself. Not sure I buy that, I think she just wanted fame, at any cost.

Had I been press at that ‘news conference’ and she were taking questions, my first would have been, “What part of Not Guilty do you fail to understand?”

DieJustAsHappy | July 27, 2016 at 10:02 pm

The path of justice can never be taken by means of steps of injustice.

johnny dollar | July 27, 2016 at 10:24 pm

As a former prosecutor, I could see that this case was suffering from rigor mortis at the earliest stages. Just the clownish stunt of filing charges without virtually any investigation was a clear sign that the prosecution was just a “show trial”. She is as unethical as Nyfong of Duke fame (infamy, that is).
She is going to drag down her assistant District Attorneys and any other attorney who was unfortunate enough to be associated with this fiasco.
It’s a lot easier to give a fiery speech than it is to secure a conviction. Particularly when you have no evidence.

Mosey appeased her base with charges they wanted. She lacked the experience and integrity to do the right thing and resist that pressure.

    Stan25 in reply to EBL. | July 28, 2016 at 12:09 am

    Not just her base. She also wanted a nod from the top race baiters in the country — Jessie Jackson, Al Dullenton and last but not least Calypso Louis Farrakhan. She even failed at that.

      Estragon in reply to Stan25. | July 28, 2016 at 5:40 am

      Don’t forget the Mayor was the #3 official at the DNC (now #2, I think, in the upheaval). I doubt seriously Mosby would have proceeded as she did without encouragement from her.

      This was just another battle in the Left’s war on the police and criminal justice system. The tone of the Democratic Convention more or less confirms that.

      Thinker in reply to Stan25. | July 28, 2016 at 6:14 am

      The fact that Jesse Jackson, Al Sharpton, nor any of the other loud mouthed race master baiters were not supportive in presence speaks volumes to the merits, or lack thereof, of the attempted prosecution of these officers.

      This was never about justice. This was about Mosby trying to elevate herself at all costs. She is damaged goods now. Her career is over. I only hope that the civil cases against her are extremely successful, she is removed from office and forced to provide huge monetary restitution to the officers.

      Old0311 in reply to Stan25. | July 28, 2016 at 9:55 am

      If Rev Al had a daughter……….

Can the judge nail her on the gag order on the cases or does the dismissal invalidate that.

I just forced myself to watch Mosby’s ignorant tirade. That was hard.

One key takeaway I got from this: when you are being sued for your obvious unethical behavior of misusing the office you hold, don’t keep reminding everyone of the oath you took after you took the job.

This woman has barricaded herself inside stupid itself.

What does it say when lawyer politicians don’t uphold the rule of law? What’s the point of writing laws if people ignore them?

Marilyn Mosby should be disbarred.

JackRussellTerrierist | July 27, 2016 at 11:53 pm

Professor, I must disagree. I do not believe Mosby acted out of cowardice. I believe she acted on political opportunism.

The sad thing is she will probably get re-elected or move UP the aggrieved black Democrat’s ladder.

I have to wonder if somebody let her know that the judge, who bent over backwards for her up to a point, had had enough and that she had become an embarrassment to his courtroom and the bar – hence, her pouting and tantrum drama today.

    Gremlin1974 in reply to JackRussellTerrierist. | July 28, 2016 at 1:45 pm

    I agree, I think she did it to advance her own career and, at least in her mind, boost her husbands chances at the Mayor’s office. It’s pretty sad a very telling that in a city like Baltimore her husband was such a bad candidate that even after this he was forced to step out of the race.

For all those who think extra anger can cover up insufficient intelligence, this is the place!

She’s come a long way since her Judge Judy days!

healthguyfsu | July 28, 2016 at 12:48 am

Maybe she’s suffering from pallor, but she looks whiter to me today than in past performances.

Andrew Branca’s coverage and writing in the Trayvon Martin and Freddie Gray matters is worthy of a Pulitzer. It is on a par with Dorothy Rabinowitz’s writing in her coverage of the Amirault disgrace in Massachusetts involving another pillar of legal misconduct, Scott Harshberger (and his defender, Martha Coakley).

The presentation of this and other original writing and reporting (content) in Professor Jacobson’s Legal Insurrection website also demonstrate beyond a shadow of a doubt, if any doubts remain other than in WaPo and NYT newsrooms, the legitimacy of internet sites as genuine news outlets.

    Aarradin in reply to Owego. | July 28, 2016 at 3:59 am

    Given who they’ve awarded Pulitzers too, who would want to be in that company?

    Its devolved into an award for spewing the most absurd Marxist Propaganda.

    This is another thing we, collectively on the Right, suck at: Having major awards for people doing things we value. In this case, actual honest journalism.

    Thanks for the kind words. But as we say here in Boston, when the phone doesn’t ring, I’ll know it’s the Pulitzer committee. 🙂

    All credit goes to Professor Jacobson for being kind enough to provide me with a forum in which to scribble my thoughts. I’m sure there’s been more than one occasion where he’s been under pressure to stop doing so–as we all know, the truth stings, and there’s an awful lot of TRUTH on Legal Insurrection.

    –Andrew, @LawSelfDefense

“You sought quiet instead of justice, and in doing so disgraced your office and yourself.”

Nonsense. Her goal was clearly to incite racist violence. The Mayor of Baltimore did the same. They succeeded too.

Worse, they did so for partisan political gain. Nothing keeps Democrats in power like inciting their base to racial hatred. They’ve been doing so since their Party was founded. The only thing that has changed over the centuries is which race they choose to incite.

You are a joke, a laughingstock, to be remembered as we now remember Mike Nifong.

That’s a bit premature, as she hasn’t been Nifonged. And until she is, this particular tumor in the American system of justice will live on, her legal responsibilities and powers unimpaired.

Six victims have survived, but the predator remains at large.

    Valerie in reply to tom swift. | July 29, 2016 at 11:09 am

    First, the cases have to terminate in favor of the defendants, which just happened.

    Then, they sue, and there is discovery, etc., to develop the facts. It takes a while to Nifong a prosecutor, and rightly so, becausendecent prosecutors remain vulnerable to lying defendants. Justice based on due consideration of well-developed facts takes time.

    Ethical complaints are on the same time track. Sure, there has been a whole lot of smoke, but some judge somewhere has to document the fire.

      Valerie in reply to Valerie. | July 29, 2016 at 11:11 am

      I would like either an edit button, or to have the *^%$#%^Y respeller taken off. I would prefer to make my own typos, instead of having them inserted by a pinheaded programmer.

Little Johnny | July 28, 2016 at 8:02 am

Mosby claims she is for justice. Millions of dollars of damage was caused by the riots in Baltimore. How many people have been convicted or for that matter, even indicted for causing that damage?

I don’t know the answer but my guess is the number is less than the six police officers she charged in this case.

Char Char Binks | July 28, 2016 at 12:04 pm

Testify, sister! Hallelujah!

We all knew this was coming …

Baltimore State’s Attorney Marilyn Mosby may have dropped criminal charges against the remaining officers in the Freddie Gray trial, but she remains entrenched in a legal battle in civil court.

Five of the six officers charged for the death of Gray are suing Mosby, as well as Maj. Samuel Cogen of the Baltimore Sheriff’s Office, in civil court for a gamut of causes.

In several lawsuits filed earlier this year, Officers William Porter, Edward Nero, Garrett Miller, Lt. Brian Rice, and Sgt. Alicia White alleged defamation, false arrest, false imprisonment, and violation of constitutional rights, among others.

The complaint filed by Porter and White stated that Mosby “made statements for purposes of quelling the riots rather than prosecuting police officers who had committed a crime,” and that Mosby “exceeded her authority” and “brought charges against police officers that were wholly unsupported by evidence and probably cause.”

Lord Whorfin | July 28, 2016 at 3:56 pm

Mosby is running for the governor’s spot.

Si am surprised that the Hildabeast campaign has not offered a position on campaign. Maybe as Bill’s fluffer.

Still no info on who and how much $$$$ gets reimbursed to Defendants’ counsel fees–who paid them? Police Union? Individual cops (doubtful) ? I have yet to see any discussion on payment of counsel fees–or back pay for the 6 cops? ABJ

The union was paying the legal fees and supporting the Officers , they were soliciting extra from the rank and file back about the time of Porters trial

Mosby will land on her feet , Hillary will be needing an AG after she throws Loretta under the bus.

I imagine the sanctions that were filed against Mosby , Schatzow and Bledsoe will get pushed under the bed .

DieJustAsHappy | August 1, 2016 at 9:06 pm

“Law professor goes after Maryland prosecutor for Freddie Gray case”

The article states:
A law professor with a history of taking prosecutors to task has set his sights on the Baltimore state’s attorney, who failed in her bid to put six cops in prison in connection with the racially-charged death of Freddie Gray.

George Washington University law professor John Banzhaf has filed complaints against Marilyn Mosby with the Attorney Grievance Commission of Maryland. He alleges Mosby and two deputies committed ethics violations, used “fraudulent or misleading tactics,” withheld evidence from the defense and brought charges without probable cause against the Baltimore police officers involved in the April 12, 2015 arrest of Gray, who died of injuries suffered inside a police van.