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David Gregory will not be prosecuted

David Gregory will not be prosecuted

Gregory goes free “despite the clarity of the violation of this important law”

Just released by D.C. Attorney General there will be no prosecution of David Gregory despite a finding that there was a clear violation of the law (emphasis mine):

Having carefully reviewed all of the facts and circumstances of this matter, as it does in every case involving firearms-related offenses or any other potential violation of D.C. law within our criminal jurisdiction, OAG has determined to exercise its prosecutorial discretion to decline to bring criminal charges against Mr. Gregory, who has no criminal record, or any other NBC employee based on the events associated with the December 23,2012 broadcast. 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.  Influencing our judgment in this case, among other things, is our recognition that 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, especially while this subject was foremost in the minds of the public following the previously mentioned events in Connecticut and the President’s speech to the nation about them. There were, however, other legal means available to demonstrate the point and to pursue this line of questioning with the guest that were suggested to NBC and that could have and should have been pursued.

OAG also appreciates that the magazine was immediately returned to the source that NBC understood to be its lawful owner outside of the District and that the magazine in question, with NBC’s assistance, has been surrendered to MPD. OAG also recognizes the cooperation NBC has provided in the investigation of this matter.

D.C. Attorney General Letter Declining to Prosecute David Gregory (2) by Legal Insurrection

Related —

Update — David Gregory and wife knew D.C. Attorney General

David Gregory Quickmeme 3

David Gregory Quickmeme 2

David Gregory Quickmeme


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2nd Ammendment Mother | January 11, 2013 at 4:17 pm

Anyone surprised?

nope. being partial with law enforcement is just their typical way.

The double standard is getting pretty hard to control. Do you think Ted Nugent would be given this level of deference had he shown up at their studio with an illegal magazine? I don’t think so. As John Wayne once said, “Its gettin’ to be re-goddamned-diculous.”

This march into two Americas will not end well.

    2nd Ammendment Mother in reply to BuckIV. | January 11, 2013 at 4:33 pm

    In fact Nugent was vigorously prosecuted by the Feds on an obscure statute in Alaska for a violation he did not even know he had committed.

    2nd Ammendment Mother in reply to BuckIV. | January 11, 2013 at 4:40 pm

    Here is one of the articles:
    “The Ted Nugent Alaska Bear Hunting Fiasco
    Posted At : April 25, 2012 12:22 PM | Posted By : Mike Hanback
    Related Categories: Big Deer Blog

    In May 2009, Ted went bowhunting in Southeast Alaska and filmed it for his TV show. A black bear came to his bait and he shot. The arrow grazed the animal, but clearly didn’t kill it, or seriously wound it. Ted and others looked and found a few drops of blood and cut hair. Importantly, they found the arrow and saw that it didn’t go through the bear. They determined the animal was okay and would survive. Four days later, Ted shot and killed a different bear.

    According to this story from the Alaska Dispatch (the most fair and balanced report I have read on this fiasco): The law Nugent broke is one of which even most Alaska hunters appear unaware. It is even a little difficult to find in the middle of page 16 of the state hunting regulation booklet. In Units 1 – 5 and Unit 8, a black or brown (grizzly) bear wounded by a person counts against that person’s bag limit for the regulatory year in which the bear is taken….’wounded’ means there is sign of blood or other sign that the animal has been hit by a hunting projectile.’

    And so after 3 years, Federal prosecutors charged Ted with a violation of the Lacy Act for bringing the dead bear (illegally killed they say) across state lines. It is interesting and perhaps telling that apprarently the state had decided not to prosecute, so the Feds came in.”

      BannedbytheGuardian in reply to 2nd Ammendment Mother. | January 11, 2013 at 6:06 pm

      ‘illegally killed they say’.
      ‘carrying the dead bear. Cross state lines’

      Because I do not go to unknown links I ask you –

      A little known rule is not an excuse . it is not a good argument when hunters esp bear hunters claim very high standards of humanly killing & being law abiding.

      State lines – there is Canada between Alaska & the other 56. So he brought it back to US mainland?

      By private plane ? There are Canadian laws about x border hunting .

      As an aside , when you do need some public support , Nugent is a negative.

        stevewhitemd in reply to BannedbytheGuardian. | January 11, 2013 at 6:51 pm

        You are right, ignorance of the law is no excuse.

        So what’s Mr. Gregory’s excuse?

        You may try to obfuscate the issue by impugning Mr. Nugent’s character, but it only points out — even better — that Mr. Gregory’s only defense is that he’s a member of the nomenklatura, and Mr. Nugent is not.

        It is interesting: the progressive movement has always proclaimed, indeed shrieked, that it was for the common person. Whereas, it really has always been about seizing power for themselves. It is not ‘power to the people’, it is ‘meet the new boss, same as the old boss’.

        Mr. Orwell saw through you. So do we.

          BannedbytheGuardian in reply to stevewhitemd. | January 11, 2013 at 7:59 pm

          Steve . we are talking about a dead Alaskan bear.

          If Russia had not sold Alaska off then maybe it would be 1984 territory.

          Your point is ?

      2nd Ammendment Mother in reply to 2nd Ammendment Mother. | January 11, 2013 at 6:18 pm

      Nugent had no intent to violate the bag limit and there was no evidence he irresponsibly left a carcass. He paid the fine because he too agreed that “not knowing about the law isn’t an excuse”. The interesting point here is that 1/ it was an Alaska State law, 2/ Alaska authorities declined to prosecute because there was no intent, 3/ the Feds prosecuted on the State Law 3 years later.

      And in case you’re missing the time line, the Nugent was being a huge pain in the side of the Obama Campaign right about the time the Feds found something to give him a legal headache over.

        BannedbytheGuardian in reply to 2nd Ammendment Mother. | January 11, 2013 at 6:51 pm

        I miss very few points.

        What about the dead bear across state lines ? Now that is perplexing. I ask because I know you cannot bring dead deer across to Canada so he can’t have drove down.

        There might be a real problem bringing a dead bear all the way from Alaska not just in health regulations but man what do you want a dead bear for ?

          BannedbytheGuardian in reply to BannedbytheGuardian. | January 11, 2013 at 7:02 pm

          I think it was a big mistake to shoot the bear dead. Otherwise he could have put in to his private jet or in the back seat of his SUV . Then he could have brought it into the US declaring that he had fallen in love with the bear & would like to marry him/her.

          Ted would be a Winner .

          BannedbytheGuardian in reply to BannedbytheGuardian. | January 12, 2013 at 12:59 am

          It could have married & been Mrs Teddy Bear Nugent ,,,,,,!!!!!!!!

          But this at least funny unlike his 1978 relationship as a 30 year old with an underage Hawaian girl Pele Massa . so he applied to be her Lierally f***king LEGAL GUARDIAN.

          I hope you learn a lesson from this you down tickers. You are backing a pedophile creep who used a care & nurturing law to fuck a minor.

          SmokeVanThorn in reply to BannedbytheGuardian. | January 12, 2013 at 3:45 pm

          This is an act, isn’t it?

          Nobody could be this foolish.

[…] a part of the Washington DC cocktail circuit like NBC hack David Gregory, you got off scott free. Gregory will NOT be prosecuted for violating DC gun laws, as many of us […]

legalizehazing | January 11, 2013 at 4:32 pm

Huuuh! Yaa! rule of law, What Is It Good For?! ABSOLUTELY Nuthin


Sure, I’ll play the race card. A connected white guy breaks a clear and important law and…gets away with it. OF COURSE he doesn’t have a record. He is a connected white guy well vouched for by other connected white guys.

    K in reply to K. | January 11, 2013 at 4:40 pm

    I might add that the fact that he KNEW the law and broke it ANYWAY makes it all the more obnoxious.

[…] DC Attorney General has decided not to prosecute David Gregory. Legal Insurrection has […]

I hesitate to state what eventually happens when the state stops enforcing the law.

    TrooperJohnSmith in reply to Crawford. | January 11, 2013 at 5:06 pm

    Well, The State under Obama and his buddy Eric “Steadman” Holder, selectively enforce the law as they see fit.

    In fact,they should change the name of the Justice Department to the Just Us Department.

    I think the pro-Second Amendment lawmakers should say that when Obama and Holder come clean on Fast and Furious, we’ll talk about revisiting existing gun regulations. Until then, we don’t trust the Feds to even comply with said laws, much less enforce them.

What is it with Brits and their flagrant disregard for — and apparent immunity to — our laws? First Andy Sullivan gets to walk despite facing a federal drug charge, now this.

Just curious (and not a lawyer)might someone prosecuted have a CIVIL claim against the AG for discrimination?

    Crawford in reply to Mark Reardon. | January 11, 2013 at 5:14 pm

    If the Justice Department’s Civil Rights office didn’t have their heads stuffed firmly up their hindquarters, this is a clear unequal application of the law.

I want to see NBC’s January 9 letter to the Attorney General. In fact, consistent with the interests of that First Amendment purpose of informing public debate so pompously recited by the AG, NBC and the Attorney General should jointly release the letter immediately.

    William A. Jacobson in reply to kylek. | January 11, 2013 at 5:16 pm

    I have requested it by voicemail and email, but needless to say, they are closed for the day. You called it in your comment to a prior post, late Friday afternoon was a sign of non prosecution.

It would be nice if the guy who WAS arrested for a minor violation of DC gun law got similar consideration. Maybe he’s a Republican or something.

Hide the children in case David Gregory decides to do a story on pedophilia.

[…] » David Gregory will not be prosecuted – Le·gal In·sur·rec·t… […]

Long past time to treat journolists like the vermin they are.

I’d say some of you lawyers will be making some very good arguments in DC courts in similar cases soon enough. It will take one very corrupt judge to allow anyone going forward from being prosocuted for this statute from now on.

    Rosalie in reply to Rich K. | January 11, 2013 at 5:48 pm

    I’m glad you brought that up because I was wondering about that.

      Micha Elyi in reply to Rosalie. | January 11, 2013 at 7:42 pm

      When I wear “a large capacity ammunition feeding device” as bling I too am promoting the First Amendment purpose of informing the public. People gotta know what a magazine looks like. Or maybe I’ll wear an ammo belt, to inform the people that D.C. law covers them too.

The message to law-abiding citizens is clear: it’s just not worth it. Figure out how you can cheat the system and make it work to your benefit.

Then: Equal justice under the law
Now: Some pigs are more equal than others – Animal Farm

One other thing, the BS about the public informed use is pathetic as a photo of a clip would have sufficed and been fine from a legal standpoint.


Unsurprising, but corrupt.

“Influencing our judgment in this case, among other things, is our recognition that the intent of the temporary possession and short display of the magazine was to promote the First Amendment purpose…”

But carrying it for its Second Amendment purpose will get you prosecuted.


In fact, any further mention of the AG, in any form of press, should be of the form “Irvin B. Nathan, the corrupt Attorney General for the District of Columbia.” The LSM will decline of course, but every 2A supporting blog and news site should hammer on this.

And Gregory should always be referred to in a format similar to:

“…NBC’s David Gregory, who was found by the Attorney General for the District of Columbia to have clearly violated criminal law

Beat them repeatedly with this.

“The law is for thee, and not for me.” As a criminal defense lawyer I see this all the time – watching while a civilian has to eat a felony while a drunken armed cop pleads to a misdemeanor so he can stay on duty. We are becoming a nation of two peoples – the governed and the connected.

What a whitewash. What a piece of shit. Definitely two sets of rules … and the OAG was likely persuaded by the CHOOMER-IN-CHIEF’S appearance on MTP.

The letter says the decision was ‘a close one’ …. yea, I bet.

Sooner or later we have to give the voters straight talk about the media pimping for the Democrats.

This is not the moment. No campaign is ongoing, and we need to reestablish our national credibility.

However, when the moment arrives, the Gregory affair will provide a clearcut example.

    gs in reply to gs. | January 11, 2013 at 5:24 pm

    P.S. The Left knows they’re vulnerable on this or they wouldn’t have released the news late on a Friday afternoon.

    They’re going to “forget” this just like they’re forgetting Elizabeth Warren’s racial counterfeiting and her work on behalf of Occupy. When the time is right, let’s help them remember.

    Crawford in reply to gs. | January 11, 2013 at 5:27 pm

    Amazing how it’s never the right moment to tell the truth.

    sablegsd in reply to gs. | January 11, 2013 at 6:04 pm

    What planet are you living on?

This one just pisses me off. He should have been prosecuted and given a suspended sentence – or community service. But not to prosecute … there is ZERO punishment. I’m half tempted to go to DC with a high cap mag and ask for the ‘Gregory treatment’.

Completely Unacceptable!
I would think that Mr. Nathan will soon be receiving an invitation to appear before the House Cmte on the Judiciary, and also the House Cmte on Oversight & Government Reform (Mr. Issa will be especially welcoming, I’m sure).

It is a tragedy of historic proportions (no exaggeration here) that we have the complete abdication of the GOP to the Democrat party. Complete.

As bad as it may be for the GOP, it’s time for a third party to both stand up for us and to work to elimination of the GOP as a national party.

my mind was made up before, but now it’s even easier.

if he doesn’t have to obey gun laws he finds inconvenient, i don’t either.

Molon Labe, O-Xerxes!

So. “Not a threat and exercising First Amendment rights” trumps “not a threat and exercising Second Amendment rights”.

We need to get some people to post on-line videos captioned “This was filmed in Washington, DC by a citizen with no criminal record for the purpose of informing an ongoing public debate about firearms policy in the United States.”

So they let him off on the grounds that there was no criminal intent and there are 1st Amendment issues involved…

So go into DC with a banned magazine, stand on a soap box, and give a speech about how ridiculous the ban is, using the magazine as a prop.

I’m sure they’ll just stand by and watch! | January 11, 2013 at 5:34 pm

Any chance those already convicted of DC’s gun laws can file a 14th Amendment equal protection appeal?

It’s all about being connected. DEA agents literally pimp for Secret Service agents. Can you imagine the Obama/Holder Dept of Justice giving a business a pass if its employee were using company facilities to procure and use prostitutes?

C’mon folks, it’s always been about who you know. This country is coming more and more to resemble Germany right after the Nazis took over in 1933. A socialist by any name is still a socialist, and ALL are corrupt!

You can voice your outrage at [email protected]

[…] It’s official: DC’s gun laws apply to some and not others: […]

I guess every weapons case in DC should open with a defense motion for a finding that prosecution would not promote public safety and for an order for dismissal with prejudice.

Every time. From now on.

The prosecutor cites the fact that Grogory has no criminal record. Given that he’s allowed to break an important law with impunity, the chances of him EVER having a criminal record is pretty slim. I guess as long as Holder is the US Attorney General and refuses to prosecute anyone who is on the Left, the DC ODA might as well follow suit.

    Willy in reply to Diggs. | January 11, 2013 at 6:17 pm

    I have no criminal record either. It’s good to know that if I wave around an illegal magazine in DC, that I won’t be arrested or prosecuted. Right.

Still furious about this.

But since carrying a hi-cap magazine for Second Amendment purposes trumps the law, then we should have a Million Magazine March on DC to protest their absurd laws.

Just mob the place with everyone waving a 30-rounder in the air in one hand, the AG’s letter from above in the other. Take a lap around the DC AG’s office, roll past the DC Chief of Police, and on to march around the White House.

My light bulb moment came when then Mayor of San Fransisco , Gavin Newsome, started to marry homosexuals at city hall after the voters of California rejected same sex marriage.

He called it a “moral issue”, just as Joe Biden just did about gun control.

It was then that I realized that we live on the edge of anarchy. The only thing, and I do mean only thing, that holds a civilized society together is rule of law.

I remember thinking how fast this great society can devolve into Mogadishu, and I shuttered.

[…] on MTP about the dangers of waving around an empty magazine. But that’s okay. This was a no-lose situation for gun-rights advocates. If they chose to prosecute him, it’d be a case study in how silly […]

2nd Ammendment Mother | January 11, 2013 at 6:26 pm

Best comment I’ve seen so far (paraphrased from post 19 @ Ace of Spades):

The major issue here is that if the DA prosecuted, then NBC/Gregory had 2 choices.

Plead guilty – which does have consequences.

Fight the charges – which puts NBC/Gregory into the position of fighting against a law that they support.

[…] David Gregory will not be prosecuted ( […]

[…] Addendum: Nor shocking but ironic, While the Portland police hassle two law abiding citizens, the District of Columbia gives a free pass to the felon David Gregory, from William A. Jacobson, Legal Insurrection: […]

Money talks. Choose not to use products advertised on “Meet The Press” as long as Gregory hosts. It’s one of the few freedoms you have left.

BannedbytheGuardian | January 11, 2013 at 6:40 pm

I dunno, a charge has always been able to be dismissed by a judge or not pursued by a prosecutor.

Unless the state demands x punishment for y crime then there are going to be wide variations.

I would not be jumping to ‘anarchy ‘just yet. We still have Sharia sitting there waiting to move in .

[…] If you aren’t going to enforce the law equally, then don’t be surprised when the law is … […]

Leftist culture: Guns are for the rulers, the rich, and corporations.

[…] District of Columbia Attorney General Irvin Nathan won’t prosecute David Gregory “despite the clarity of the violation of this important law” — the city’s ban on high-capacity magazines — and as Professor Glenn Reynolds says, “you can tell how proud they are of this decision by the fact that it came out on a Friday afternoon.” […]

I am still so enraged I can barely type. I expected it would go this way but that does nothing to placate me.

[…] it turns out that gun laws don’t apply to liberals who are on TV, even if said liberals are strong advocates of those guns laws applying […]

[…] is precisely why he won’t be prosecuted for violating Washington, DC […]

There is a fax number at the bottom of each page of the letter. I suggest we use it. I did.

There cannot be one law for Gregory and a different law for the rest of us. Such a system cannot stand.

This is why equal protection under the law is supposed to be one of the fundamental underpinnings of our society.

The DC Attorney General has just spat on one of the basic makes us a free country.

[…] “…because under all of the circumstances here a prosecution would not promote public saf… – So says the DC Attorney General in explaining the decision to not prosecute David Gregory for his blatant violation of local gun control laws (and lest there be any confusion, the statement noted that what occurred on Meet The Press was a clear violation of the law). […]

Does anyone honestly believe that a Fox news reporter holding up a clip on their show while in DC would not have been prosecuted? This is not a law for just for privileged folks, it’s for privileged Democrat folks.

Title should read “cannot be prosecuted”

[…] seconds flat for you and me – and now never for David Gregory.  Dr. Jacobson over at Legal Insurrection has the news that being a Beautiful Person In The Press has juice (the media version of Crony […]

Unbelievable! “Influencing our judgment in this case, among other things, is our recognition that 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,..”

Well, that’s half right. Check my comment from 12/26

“It’s all about intent: ‘Oh, but Your Honor–that magazine was intended to demonize and ridicule private gun ownership!'”

Okay, I’m gonna say it: I told you so.

So there are indeed two law systems in the United States–one for the political elite, corporate donors, and the state-run press, and another for everyone else.

    BannedbytheGuardian in reply to John Scotus. | January 12, 2013 at 2:32 am

    Neither will Roman Polanski for pedophilia , Woodt Allen for incest. Or Ted Nugent for whatever you call having sex with your underage guardianship.

[…] Here is the full text of the Office of Attorney General’s statement via Legal Insurrection: […]

[…] then, smart conservatives such as Cornell Law’s William Jacobson agree with the decision. Having read this far, of course, you know the answer. He greets the […]

So, suppose Gregory had held up a bag of weed? Or 17 percocets in vial with someone else’s name on it? Or his own?

D.C.Attorney General Holder:

OAG DoJ 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 People’s State of America nor serve the best interests of the people of the District the Little People to whom this office owes its trust.”

Three quarters of a million people say: “There. FIFY”

[…] Credit: William A. Jacobson Read more: Legal Insurrection […]

[…] of the law is no defense.” Do it again and we’ll nail you. Read the letter.  NBC made a “feeble and unsatisfactory” attempt to get a handle on DC’s gun […]

[…] Gregory of MSNBC will not be charged with a crime for displaying a high-capacity magazine on TV. William Jacobson at Legal Insurrection has the […]

[…] Le*gal In*sur*rec*tion, William Jacobson noted that NBC’s David Gregory will not be prosecuted for possession of a high-capacity ammunition magazine he displayed on television, and that the […]

The famous quote by Bill Ayers after he was acquitted, “Guilty as sin, free as a bird — what a country, America” applies to David Gregory as well.

[…] broke the DC gun laws. However, D.C. Attorney General Irvin Nathan issued a letter explaining why there will be no prosecution of David Gregory despite a finding that there was a clear violation of the law. HUH? Justice is supposed to be blind […]

[…] we learn that Mr. Gregory (who sends his children to a school with armed security, by the way) won’t be prosecuted.  From Legal Insurrection, quoting the D.C. Attorney General (emphasis his and […]

[…] DISAPPOINTMENT WITH JACKIE CHAN. To be fair, while America isn’t “the most corrupt country in the world” now, we are making progress as fast as we can. […]

I have posted, with illustration, David Gregory’s and Irvin Nathan’s biggest nightmare: The Million Magazine March.

[…] David Gregory skates on his “30 round magazine’ […]

[…] Jacobson had a lot of fantastic posts on the Sandy Hook aftermath.  Among them is the story of the non-prosecution of David Gregory and putting pressure on Gannett corporate, the parent company of Journal News, to take position on […]

[…] David Gregory will walk away from the crime he committed in front of hundreds of thousands of witnesses because he has friends in high places. Maybe it is an admission that the law is pointless but if you or I were caught in DC with a high capacity magazine we would be arrested and imprisoned. […]