Advocates of gun control and liberal pundits generally disparaged the notion that David Gregory even possibly was subjected to criminal prosecution for violation of the D.C. gun law by possessing a high-capacity ammunition magazine on television.
The non-prosecution was declared the only reasonable conclusion, and those of us who mocked the process (including that the D.C. Attorney General participated in a mock trial with Mrs. Gregory) were, in turn, mocked.
The issue, however, was not David Gregory, but the arbitrary and capricious use of gun laws which are so complicated that many otherwise law-abiding citizens violate those laws without any intent to commit another crime.
D.C. relentlessly prosecuted someone training for the U.S. Marshall’s service who transported guns in compliance with federal law, and would not let go of the prosecution. The person was exonerated after trial. D.C.’s aggressive prosecution of even technical violations of its gun laws is legendary.
Yet David Gregory was not prosecuted even though NBC News had been warned by the D.C. police that possession of the magazine was illegal and even though the D.C. Attorney general found a clear violation of the law and a feeble attempt to claim confusion as to the law.
When almost everything is a crime, the prosecutor becomes King.
It is, as Prof. Glenn Reynolds writes in a draft of an upcoming law review article, Ham Sandwich Nation: Due Process When Everything is a Crime:
Though extensive due process protections apply to the investigation of crimes, and to criminal trials, perhaps the most important part of the criminal process — the decision whether to charge a defendant, and with what — is almost entirely discretionary. Given the plethora of criminal laws and regulations in today’s society, this due process gap allows prosecutors to charge almost anyone they take a deep interest in. This Essay discusses the problem in the context of recent prosecutorial controversies involving the cases of Aaron Swartz and David Gregory, and offers some suggested remedies, along with a call for further discussion.
In New York, which just passed a very complicated and at points absurd gun law which inevitably will catch many otherwise law-abiding citizens in its web, we will have many Kings.
[(added) Interview below is with Cam Edwards of NRA News.]
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Comments
if they want you bad enough they will find a way …. example …make a film about mohomad that obama and his flying monkeys use to blame our embassy deaths on …. go to prison with our sec of state openly stating that was going to be the outcome even before an investigation had been made and he’s still there long after it has been proven that film had nothing to do with it
Just as described in Atlas Shrugged.
Just saw that the quote is set forth on Instapundit.
and, here it is.
I believe this is the passage you mean:
“Did you really think that we want those laws to be observed?” said Dr. Ferris. “We want them broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against – then you’ll know that this is not the age for beautiful gestures. We’re after power and we mean it. You fellows were pikers, but we know the real trick, and you’d better get wise to it. There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now, that’s the system, Mr. Rearden, that’s the game, and once you understand it, you’ll be much easier to deal with.”
Things aren’t quite that bad. Yet.
Posted at 2:43 pm by Glenn Reynolds
Could it be labeled the Golden Triangle of lefty oppression & stupidity? California / New York / Illinois? With a dash of GOP incompetence on the side. California had Arnold, in N. Y. many GOP lawmakers went along with the bill, in Illinois the GOP is only marginally less corrupt than the dems?
Visit and read the site often, but I never comment anywhere on the web other than at arfcom.
I enjoyed the video, but do not know who the interviewer was. I thought he was pretty good.
Thanks for any replies, and I’m back to lurking.
Mike, central FL.
Cam Edwards of NRA News. Just added that to post.
Don’t be shy about commenting, Flashman Mike. The hazing period around here doesn’t last that long 🙂
As I told my wife, the Professor has become quite the radio guest commentator.
Can T.V. be far behind?
I have noticed in my legal cases that I seemed to know the law better than either the judge or attorneys. I say “seemed”, because no one seemed interested in the law. It was as if the law was irrelevant, in several cases. It might have been that they knew some law, but the law ultimately didn’t matter; sort of like the Supreme Court ruling on Obama care. It boils down to whatever they allege, and then you go through this long process that seems to be unrelated to either the case or the law.