Law Prof. John Banzhaf: Marilyn Mosby May Be Disbarred, Sued Just Like Nifong

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Public Interest Law Professor John Banzhaf of George Washington University Law School discussed Baltimore State’s Attorney Marilyn Mosby, who recently dropped charges against all officers allegedly involved in Freddie Gray’s death, with Breitbart News Daily SiriusXM host Stephen K. Bannon Thursday. Banzhaf also cited former North Carolina attorney Mike Nifong, who was disbarred and sued after the infamous Duke lacrosse case, as an example of what Mosby may yet be in for, given her conduct during the case.

“Eventually, she’s going to suffer the same kind of fate as Nifong,” said Banzhaf. “She is going to be disbarred, and she’s already being sued. These suits are being strengthened by the fact that she continued to bring [charges], even though she had no case. If not disbarred, at least a very significant sanction,” he added.

Banzhaf stated:

She had a case which, at the very beginning, she couldn’t reasonably believe. Yet there are now three decisions by the judge throwing out each and every one of her legal theories, saying with regard to most of the key facts she has to prove. It wasn’t that there was little evidence. He said, “No evidence. No evidence. No evidence.” Yet she continued to do it. And it was only the pressure of, I think, the threat of disbarment–two complaints against her; one is mine, and the mounting lawsuits which finally forced her to say, “Okay, I’m not going to keep digging this hole any better. I’m going to get out, and I’m now going to claim that I won because all of these victories have occurred.”

He said, “What do you do when you have a runaway prosecutor? You can’t rely upon the press and public pressure. Obviously, it didn’t work in Baltimore.” He went on to say:

She probably has increased her political stature as a result of what she’s done. … So unless prosecutors face either ethical sanctions and/or lawsuits for doing this, we’re going to continue to have runaway prosecutors, prosecutors who bring cases for political reasons, prosecutors who refuse to turn over what we call exculpatory evidence, which is a constitutional violation that happens all too often. And unless there’s some kind of check and balance, you’re going to continue to see it.

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