McCloskeys drew national attention in late June after being seen on social media video waving weapons in front of their mansion to protesters walking down a private street near the home of the mayor of St. Louis.
The number of Class E crimes is punishable by one day to four years in prison and a fine of up to $ 10,000.
Joel Schwartz, the couple’s lawyer, in a statement accused Gardner of politicizing the case and said he had asked to disqualify her from the issue.
“I am convinced that the Court will see that the prosecutor has created at least some kind of inadequacy, which raises serious doubts about the fairness of the proceedings,”
There was no immediate response from Gardner to CNN’s request for comment.
In videos posted on social media in late June, Mark McCloskey was seen holding a long rifle and Patricia McCloskey with a gun as demonstrators – protesting against Mayor Lida Crewson’s decision to publish the names and addresses of people in favor of police reform. – walks outside their home.
Portland Place, the private street where the McCloskeys live, is close to Crewson’s home.
White House spokeswoman Kaylee McEnnany defended the couple, telling reporters that President Donald Trump “said it was absolutely absurd what was happening to the McCloskeys.”
Missouri Gov. Mike Parson has said he will pardon McCloskey if convicted.