Marilyn Mosby, the prosecutor in Baltimore, has been indicted and is facing possible disbarment.
A Federal Grand Jury Has Issued Charges Against Marilyn Mosby
A.M., January 13, 2022, WASHINGTON, DC Having been indicted by a federal grand jury, Marilyn Mosby, the state’s attorney for Baltimore City, may now be forced to face punishment.
However, public interest law expert John Banzhaf adds that she was the target of at least four formal complaints seeking her disbarment based on multiple separate charges of constitutional and other infractions.
Banzhaf claims that despite several complaints and strong evidence of wrongdoing, including rulings by a judge, the Attorney Grievance Commission of Maryland took no action, allowing the prosecutor to continue violating the rights of defendants in the case of several police officers.
Prof. Banzhaf, who filed three of the complaints, notes that after being threatened with disbarment proceedings, other prosecutors backed down and refused to continue the criminal prosecutions of the police officers Mosby had charged, but Mosby remained in office and was able to continue engaging in actions which a judge held violated the rights of several defendants.
A judge determined that she had violated the constitutional rights of the police officers she was trying, and yet the Attorney Grievance Commission of Maryland appears to have done nothing to reign her in despite at least four ethics complaints seeking her disbarment years ago.
According to Banzhaf, who filed three of the four known complaints, this means that the prosecutor is allowed to continue violating the rights of criminal defendants and engaging in other unethical if not unlawful prosecutorial abuse notwithstanding the negative judgments by many judges.
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An Escaping Prosecutor
Based on the trial judge’s ruling, the initial disbarment complaint against Banzhaf claimed that she had violated the defendant police officers’ constitutional rights and that she was a “runaway” prosecutor like former Duke lacrosse player turned rape prosecutor Mike Nifong, who was also disbarred and ultimately went bankrupt due to the resulting civil lawsuits. Banzhaf has accurately described Mosby as Nifong wearing a dress.
The bar complaint Professor Banzhaf filed against then-Congressman Barney Frank helped lead to his censure by the House; a similar complaint he filed against then-Congresswoman Geraldine Ferraro helped discredit her in the 1984 presidential election; and a lawsuit he orchestrated forced former vice president Spiro T. Agnew to return the money he had stolen from the government.
The case against the remaining policemen was abandoned, and Banzhaf filed a fresh disbarment suit against Mosby, adding seven counts of purposeful public lying.
After Prof. Banzhaf threatened to file identical disbarment complaints against the new prosecutors assigned to try the remaining cases, they dropped all charges against the remaining police officers involved in the Freddie Gray investigations. After that, the prosecutors just stopped prosecuting.
Breaking the State’s Voting Laws
Banzhaf notes that in his third complaint, she was accused of violating state election law (supported by photographs), tampering with evidence of that violation, misrepresenting the truth with “actual malice” (as determined by a judge), and “causing false and misleading evidence [to be provided] to the grand jury” looking into Freddie Gray’s death.
Banzhaf thinks there are two things that make the Commission’s lack of response so upsetting.
First, unlike most lawyers accused of impropriety, she is in a position as a prosecutor to continue doing significant harm to defendants before her as she did to the police offices.
Second, he claims that a further investigation is not a viable justification because many of the charges are already matters of record based on judicial judgments.
As a result, she may have to spend some time in jail despite the fact that the charges she faces in this new criminal indictment appear unrelated to her numerous dubious, if not unlawful, conduct as a prosecutor.
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Conclusion
The law expert speculates that it may finally play out like the incarceration of Al Capone, who was not punished for his many violent crimes but rather for something utterly unconnected to them: tax evasion.
