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24 Feb 2023


"I would encourage your readers to juxtapose my press conference with hers. I'm an attorney who's bringing legal suits and intends to put on evidence. She is injecting race and politics into a legal proceeding," Bailey said when asked to comment on Gardner's fiery press conference in which she insinuated that Bailey's actions may be political and race-motivated.

"There are numerous Democrat lawmakers and politicians in the city of St. Louis, who have called for her to step aside," Bailey said.

"This isn't just me saying this, I'm speaking on behalf of the people in the state of Missouri, but her own constituents and her own elected officials within her jurisdiction have also called for her to resign. So the claim that this is politically racially motivated is ridiculous," he added.

MISSOURI AG MOVES TO FIRE DEM ATTORNEY KIM GARDNER AFTER SHE REFUSES TO RESIGN OVER PUBLIC SAFETY OUTCRY

Missouri Attorney General Andrew Bailey

Missouri Attorney General Andrew Bailey (Missouri Attorney General's Office)

CHAOS ERUPTED DURING EMBATTLED DEMOCRATIC ATTORNEY KIM GARDNER'S PRESS CONFERENCE

On Wednesday, Bailey gave Gardner an ultimatum — resign or be removed — after 21-year-old Daniel Riley, who repeatedly violated his bond conditions on earlier charges, crashed a vehicle and left Janae Edmondson, a teenage volleyball player, with major injuries that required both her legs be amputated. Gardner's office is the one that should be monitoring compliance with bond conditions and revoking them when those terms are violated.

St. Louis Circuit Attorney Kim Gardner speaks in St. Louis. Missouri.

St. Louis Circuit Attorney Kim Gardner speaks in St. Louis. Missouri. (AP Photo/Jim Salter)

DEFIANT DEM ATTORNEY KIM GARDNER BLASTS AG MOVE TO REMOVE HER, BLAMES 'VOTER SUPPRESSION'

When Gardner refused to resign, Bailey made good on his ultimatum and on Thursday filed a petition quo warranto, which is the legal mechanism under state statute that allows the attorney general to remove a prosecutor who neglects his or her duties. Bailey will have to show a judge that Gardner neglected her duties and needs to be removed.

On Friday, all the circuit court judges in St. Louis recused themselves from the proceeding, citing conflicts. The Missouri Supreme Court will now need to appoint a judge to preside over the proceeding, which could happen as soon as Friday.

St. Louis Circuit Attorney Kim Gardner, right, and Ronald Sullivan, a Harvard law professor, arrive at the Civil Courts building on May 14, 2018. 

St. Louis Circuit Attorney Kim Gardner, right, and Ronald Sullivan, a Harvard law professor, arrive at the Civil Courts building on May 14, 2018.  (Christian Gooden/St. Louis Post-Dispatch/Tribune News Service via Getty Images)

In her press conference Thursday, Gardner blasted Bailey's legal move and attributed other motives to him.

"The attorney general, as others, use this unfortunate incident and tragic happening to this young lady as a political stunt of an unelected individual," she said. "This is nothing more than voter suppression, which we've seen on a national level as well as in the state of Missouri."

Gardner admitted her office "could have done more" in this case, but defended herself and her office. "While it is true my office could have done more, to say we did nothing is not only disingenuous, but is willfully ignorant of the reality of our court system," she said.

Brianna Herlihy is a politics writer for Fox News Digital.