For those of you who are new to the blog, or who have not been paying attention, Legal Insurrection has filed a FOIA suit against the Distric of Columbia seeking records related to the non-prosecution of David Gregory and NBC News despite their clear violation of D.C.’s gun law by possessing a 30-round ammunition magazine.  We are represented by Judicial Watch.

NBC News was warned by the D.C. police that possession of the magazine was illegal, and that NBC News should use a photo not the real thing, but NBC News ignored the warning.

The D.C. Attorney General, Irvin Nathan, decided not to prosecute Gregory or NBC News personnel.

D.C. has not given us all the documents we requested, and even withheld initially documents it had provided to others. Among the missing documents is a Warrant and supporting Affidavit provided to the D.C. Attorney General by the Metropolitan Police.

D.C. moved to dismiss the case as “moot.” It was a frivolous motion, since there continued to be disputes and hence a continuing dispute, but it managed to slow down the case for several months.

We just received a decision on the motion to dismiss, and not surprisingly, it was denied. So our case moves forward.

We will keep you informed.

Legal Insurrection v. DC – FOIA – Order on Motion to Dismiss