BALTIMORE (WJZ) — Lawyers for Baltimore City State’s Attorney Marilyn Mosby are seeking permission to file a motion to dismiss two counts of perjury in the federal criminal case against her, according to documents filed Wednesday.

The government accuses Mosby of perjury, arguing she knowingly lied to take a hardship withdrawal from her retirement account due to the pandemic when she was employed the entire time. 

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Prosecutors also claim she provided false information on mortgage applications for two Florida vacation homes in order to get lower interest rates.

Mosby’s defense is asking for the U.S. District Court to grant leave so they can file an additional pretrial motion. A judge already ruled against all three motions made by the lawyers in April, which included motions to dismiss her indictment and to remove a certain prosecutor from the case.

Mosby allegedly took out $40,000 and $50,000 from her city retirement account through a CARES Act provision that waived penalties on withdrawals for people who were adversely affected by the COVID-19 pandemic.

Prosecutors allege Mosby said she had suffered “adverse financial consequences” to withdraw from the retirement account.

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According to a copy of the 19-page indictment obtained by WJZ, Mosby had not endured financial hardship as a result of “being quarantined, furloughed or laid off” or “having reduced work hours,” among other reasons.

Mosby’s defense argues in Wednesday’s filing “the phrase ‘adverse financial consequences’ is fundamentally ambiguous and as such, insufficient to support the perjury charges…”

A draft of the motion requests that alternatively — should the judge decide not to dismiss the perjury charges — the court should order federal prosecutors to show the defense directives given to the grand jury pertaining to the perjury counts, to make sure the jury “was properly instructed about the law in this unprecedented and first of its kind prosecution.”

Mosby has maintained her innocence, saying the charges against her are a politically motivated backlash against her progressive policies.

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CBS Baltimore Staff