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Marilyn Mosby, Out of Control

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Marilyn Mosby is the Baltimore State's Attorney who announced charges against six police officers in a courthouse-steps press conference that looked less like a recitation of legal allegations than a pep rally for Louis Farrakhan. This has led to a number of calls, including by the police union, for her to be replaced by an independent prosecutor.

I am a believer that the elected branches of government, being politically accountable, should decide for themselves who will present a criminal case. This is not to say that I would oppose Ms. Mosby's replacement at the instance of, say, the Governor, if a statutory mechanism is in place that allows such a thing. But it is not up to the courts to replace her.  The people voted her in, and it will be both educational and just for them to live with the results.  They can vote her out next time if they be so advised.  The defendants are protected by the requirement that Ms. Mosby prove every element of her case beyond a reasonable doubt to a unanimous jury.

My view of this is, however, weakened by Ms. Mosby's continuing recklessness, most recently exemplified by, no less, appearing on stage at a rock concert.  It was advertised as a "peace rally," but the unmistakable undertow was an anti-police frenzy.

If this were happening in any other context, the ACLU would be up in arms (about prejudicing the jury pool, for starters).  As it is, I can't hear a peep.  Guess some defendants deserve more protection than others.

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