One year ago, David Gregory was let off the D.C. gun law hook
A testament to the double standard for justice in the District of Columbia, one for the rich and powerful, another for the rest of us.
On December 23, 2012, David Gregory waved the now infamous 30-round ammunition magazine on air during a Meet the Press interview with Wayne LaPierre of the NRA following the Sandy Hook school shooting.
In D.C., mere possession of a 30-round magazine is a crime, regardless of whether the magazine is loaded. D.C. is notoriously aggressive in its prosecution of gun laws even by otherwise innocent people who just didn’t realize they were breaking the law and were not committing any other crime.
NBC had no innocence of mind.
Prior to the show, NBC producers were specifically warned by the D.C. Metropolitan Police Department that possession of the magazine was illegal. MPD suggested NBC use a photo of a magazine, not the real thing.
NBC ignored the warning.
After investigation, the MPD prepared a warrant and supporting affidavit, which D.C. government refuses to release despite our FOIA request. We are still fighting in court, with the help of Judicial Watch, to get that and other documents witheld. D.C.’s withholding of documents has been strategic, releasing some to others but withholding them from us.
Yet, on January 11, 2013, the D.C. Attorney General decided not to prosecute “despite the clarity of the violation of this important law.” Among other things, the D.C. Attorney general cited Gregory’s lack of a criminal record, and “the intent of the temporary possession and short display of the magazine was to promote the First Amendment purpose of informing an ongoing public debate about firearms policy in the United States….”
Few if any people protesting the non-prosecution believed that in a rational world conduct such as that exhibited by David Gregory should be prosecuted. But D.C. gun laws are not a rational world, and neither are D.C. gun law prosecutions.
The non-prosecution of David Gregory was a testament to the double standard for justice in the District of Columbia, one for the rich and powerful, another for the rest of us.
(Wife of David Gregory with D.C. Attorney General Irvin Nathan at 2011 Charity Event)
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Comments
You know what comes to mind? The ‘double secret probation hearing’ scene from ‘Animal House’ where Blutarsky mutters BS under his cough. I wonder what political pressures, if any, and from whom, were instrumental in this decision.
I’d say the blatant disregard of the warning from MPD greatly outweighs the ‘no previous criminal history’ in assessing whether to press charges.
How many times can they use the “no previous criminal history” dodge? For how many violations of the law will they give Gregory or other connected people a wink? What’s the English word for Nomenklatura?
Liberals in politics, media, business, sports, and entertainment have the correct, elite DNA. (Does Not Apply).
Too bad David Gregory isn’t a deer in the Village of Cayuga Heights.
The Ruling Class issue is serious and growing.
“Few if any people protesting the non-prosecution believed that in a rational world conduct such as that exhibited by David Gregory should be prosecuted. But D.C. gun laws are not a rational world, and neither are D.C. gun law prosecutions.”
A mere injection of an explicit intent requirement would fix this. The failure to have and apply that intent requirement has resulted in a pattern of enforcement that is demonstrably arbitrary and capricious.
This happened in DC. No political pressure need be overtly applied. The locals know the social rules, and abide by them. Unless we want unspoken social rules (prejudice) injected into our law enforcement, this problem must be addressed.
To paraphrase Napoleon, the Pig from Animal Farm:
“We are all equal in the eyes of the law. Some are just more criminal than others.”
It’s weird, sometimes. I do public service presentations on various aspects of substance abuse/criminal justice for church groups, family groups, etc. The most popular is with parents, who want to know what to look for in their kids that hints at alcohol and/or drug use.
For that group, I have a box full of typical drug paraphernalia: roach clips, various types of pipes, kit bags, rolling papers, etc. Since possession of drug paraphernalia is a misdemeanor in NC, I took these materials to my local PD to see what, if anything, could be done to make me ‘legal’ as I carried them around the county to various locations for presentations. The reaction was remarkable. The first officer I approached at the main office was fine, interested, and lauded my efforts. Another officer approached and wanted to arrest me right there on the spot, citing a “the law is the law” approach. They took my box, made me wait twenty minutes while I heard those two and others arguing about it (“how do we know he ain’t using them himself?”).
Apparently the “this guy’s on our side so let’s make an arrangement” notion won out, because they took my name and identifiers and made a note somewhere in case I ever got stopped with the box in my possession.
Next time I’ll phone in my question.
I should add – in my area, think Mayberry Sheriff’s Office, not DC Metro PD.
http://www.washingtontimes.com/blog/guns/2013/jan/11/miller-david-gregory-gets-scott-free/
Emily Miller has always been great on this crud, here’s a couple paragraphs of the article. Worth the click to read what she has to write.
The attorney general for the District of Columbia, Irvin Nathan, announced Friday that he will not press charges against NBC News’ David Gregory nor any employee of the broadcast network for violating the city’s gun laws. Violation of the city’s firearms laws carry a maximum $1,000 fine and one year in jail.
Mr. Nathan wrote to an attorney representing Mr. Gregory and NBC News, Lee Levine of Levine Sullivan Koch & Schulz, LLP, that, “OAG has made this determination, despite the clarity of the violation of this important law, because under all of the circumstances here a prosecution would not promote public safety in the District of Columbia nor serve the best interests of the people of the District to whom this office owes its trust.”
In the three-page letter, Mr. Nathan also wrote that “no specific intent is required for this violation, and ignorance of the law or even confusion about it is no defense.” He said, “We therefore did not rely in making our judgment on the feeble and unsatisfactory efforts that NBC made to determine whether or not it was lawful to possess, display and broadcast this large capacity magazine as a means of fostering the public policy debate.”
I have a 45-round magazine for my AR-15, liberals would be so mad. That’s nearly 7 times the legal limit in New York!
Soooo…. In D.C., if they won’t press charges if you have no criminal record, how does anybody in D.C. manage to get a criminal record? Seems rather recursive to me…
I think your subhead is incorrect.
Rich and powerful has nothing to do with it; pushing the correct leftist narrative is the real reason Gregory is a free man.