Marilyn Mosby's lawyers file motion opposing gag order sought by federal prosecutors

CBS News Baltimore

BALTIMORE -- Legal representatives for Baltimore City State's Attorney Marilyn Mosby on Thursday filed a motion opposing federal prosecutors' request for a gag order in her fraud and perjury trial.

Federal prosecutors sought the order to prevent Mosby's lawyers from talking to reporters while entering and leaving the courthouse, arguing it would taint the jury pool.

The government was upset at comments Mosby's lead attorney, A. Scott Bolden, made earlier this month slamming their case after the trial was pushed to March.

Bolden called the delay "bull****." 

In the motion, Mosby's legal team said "the media firestorm surrounding this case has already infected -- possibly irreparably -- the potential jury pool in Baltimore by turning a substantial number of potential jurors against State's Attorney Mosby."

Mosby's attorneys also claim the federal government's request is an attempt to embarrass Bolden.

The trial is tentatively rescheduled for March 27, 2023 after a dispute about an expert witness.

Federal prosecutors allege Mosby's lawyers were late in providing disclosure about accountant Jerome Schmitt, an expert witness who plans to testify about the decline for major travel-related businesses due to the pandemic.

Mosby had a non-operational travel side business, Mahogany Elite.

Mosby is accused of illegally taking money from her retirement account after Congress relaxed restrictions, allowing penalty-free withdrawals if someone's finances were adversely impacted by COVID-19.

Prosecutors said she used the money to buy two vacation homes in Florida, and they alleged she lied on mortgage applications.

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