A lawyer for Baltimore City Council President Nick Mosby and State’s Attorney Marilyn Mosby is alleging misconduct by federal prosecutors and seeking a suspension of a federal criminal investigation into the couple.
A. Scott Bolden singled out prosecutors Stephen M. Schenning and Leo J. Wise in his letter to the Justice Department’s Office of Professional Responsibility.
“There is no question that the investigation against my clients is frivolous, politically-motivated, and arises from the animus both Mr. Schenning and Mr. Wise have against State’s Attorney Mosby,” Bolden said in the letter, first published Monday evening by The Washington Post.
The letter alleges that Schenning and Wise carry a grudge against Marilyn Mosby dating back to alleged leaks from her office in 2017 during the federal investigation of the Baltimore Police Department’s corrupt Gun Trace Task Force. Bolden says the two should have recused themselves from the case and claims they purposefully leaked secret grand jury proceedings to the media to “harass, degrade and embarrass” the Mosbys.
Marcia Murphy, a spokeswoman for the U.S. attorney’s office in Baltimore, did not immediately respond Monday evening to a request for comment.
Federal investigators have subpoenaed a wide range of records and organizations related to the Mosbys, including from churches, asking for records of charitable donations made by Nick Mosby. The Baltimore Sun, which was the first outlet to report on the investigation, obtained a federal grand jury subpoena through a Maryland Public Information Act request sent to state election officials: Marilyn Mosby’s campaign treasurer had forwarded the subpoena to state elections officials along with an email about the use of campaign funds for legal fees.
On Monday, a business associate of Nick Mosby confirmed he received a federal grand jury subpoena for business records.
Last month, a report from Baltimore City Inspector General Isabel Mercedes Cumming found that Mosby spent 144 days away from her office in 2018 and 2019; Mosby’s office has disputed the number of days. Cumming opened an investigation of the state’s attorney’s travels and private business at Marilyn Mosby’s request.
In response to Cumming’s report, Mosby’s attorneys issued a nine-page rebuttal demanding Cumming correct what they call “misstatements and inaccuracies.” They attached to their letter a photo of the inspector general herself at a work trip last year in Atlanta.
Bolden’s letter, inexplicably dated May 19, is another salvo in the Mosbys’ counteroffensive against the federal investigation.
On Friday, the attorney appeared on journalist Roland Martin’s daily show, #RolandMartinUnfiltered, calling the federal investigation into the couple “laughable” and “unheard of.”
On Monday, a small group of Mosby supporters gathered in front of City Hall, interrupting an unrelated news conference held by Democratic Councilwoman Odette Ramos. Demonstrator Kellie Vaughan called the probe a “witch hunt,” echoing the characterization by Bolden.
Bolden said in the letter that FBI agents tried to serve Nick Mosby the subpoena during a Baltimore City Board of Estimates meeting instead of leaving the investigation out of the “scope of the public view.”
To spectators observing via livestream, there was no apparent interruption of this meeting and no indication that subpoena service was occurring. The meeting was recorded on video
The letter also accuses the prosecutors of releasing information prematurely to news organizations.
“Attorney Mosby and Council President Mosby are high-profile public servants that fight everyday against systems of injustice, inequality, and racism,” Bolden wrote. “Although they have not been charged with a criminal offense, Mr. Schenning and Mr. Wise have already led them to be tried and convicted in the court of public opinion.
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“Their prolonged smear campaign demonstrates a conflict of interest between them and State’s Attorney Mosby or, at the very least, an appearance of a loss of impartiality,” he wrote.
Bolden’s letter said Schenning’s and Wise’s animus against the Mosbys dates back to 2017, when Marilyn Mosby’s office was accused of tipping off corrupt members of the Gun Trace Task Force to a federal investigation.
Anna Mantegna was later fired by the Baltimore State’s Attorney’s Office for the potential leak, but the veteran drug prosecutor claims she never leaked sensitive information and was instead made a scapegoat.
“For more than a year, State’s Attorney Mosby engaged in dialogue with Mr. Schenning and Mr. Wise about their rationale for implicating her office in what was determined to be unsubstantiated accusations that were motivated simply to cast aspersions on her office,” Bolden wrote.
Bolden did not respond Monday evening to inquiries from The Sun.
Baltimore Sun reporters Emily Opilo and Tim Prudente contributed to this article.