Legal Insurrection, with the help of Judicial Watch, still is fighting the FOIA litigation to get a full document production from the D.C. Metropolitan Police Department and D.C. Office of Attorney General Irvin Nathan as to the investigation and non-prosecution of David Gregory and others at NBC News for the clear on-camera violation of the D.C. gun laws.

NBC procured, and Gregory flaunted, an illegal 30-round ammunition magazine even though NBC was explicitly warned by the MPD not to do so:

Gregory OAG Email Dec 21 2012 NBC to MPD3

Gregory got special treatment.

Not so many other more ordinary citizens.

The latest outrageous case of D.C. overreach and bullying of citizens who are not David Gregory is documented by Emily Miller at The Washington Times (via The Patriot Perspective), D.C. businessman faces two years in jail for unregistered ammunition, brass casing:

Mark Witaschek, a successful financial adviser with no criminal record, is facing two years in prison for possession of unregistered ammunition after D.C. police raided his house looking for guns. Mr. Witaschek has never had a firearm in the city, but he is being prosecuted to the full extent of the law. The trial starts on Nov. 4.

The police banged on the front door of Mr. Witaschek’s Georgetown home at 8:20 p.m. on July 7, 2012, to execute a search warrant for “firearms and ammunition … gun cleaning equipment, holsters, bullet holders and ammunition receipts.”

Mr. Witaschek’s 14-year-old daughter let inside some 30 armed officers in full tactical gear.

D.C. law requires residents to register every firearm with the police, and only registered gun owners can possess ammunition, which includes spent shells and casings. The maximum penalty for violating these laws is a $1,000 fine and a year in jail.

Police based their search on a charge made by Mr. Witaschek’s estranged wife, who had earlier convinced a court clerk to issue a temporary restraining order against her husband for threatening her with a gun, although a judge later found the charge to be without merit.

After entering the house, the police immediately went upstairs, pointed guns at the heads of Mr. Witaschek and his girlfriend, Bonnie Harris, and demanded they surrender, facedown and be handcuffed.

In recalling what followed, Mr. Witaschek became visibly emotional in describing how the police treated him, Ms. Harris and the four children in the house.

His 16-year-old son was in the shower when the police arrived. “They used a battering ram to bash down the bathroom door and pull him out of the shower, naked,” said his father. “The police put all the children together in a room, while we were handcuffed upstairs. I could hear them crying, not knowing what was happening.”

Read the rest of Emily’s article for further details as to the overreach in investigating this case, including doing $10,000 of damage ripping the house apart, and the aggressive prosecution.

This is why we are fighting for a full document production.  We want to get to the bottom of why David Gregory was given a get out of jail card by the D.C. OAG even though the MPD delivered a Warrant and supporting Affidavit to the OAG.  That Warrant and Affidavit are among the documents MPD and OAG refuse to give us.

There are two sets of justice under the D.C. gun laws, one for ordinary citizens, and one for the David Gregorys of the world:

(Wife of David Gregory with D.C. Attorney General Irvin Nathan at charity event)

(Wife of David Gregory with D.C. Attorney General Irvin Nathan at charity event)

The Patriot Perspective notes:

Looks like that’s pretty conclusive evidence that if they know you have guns, they’ll go after you. What triggered all this? A false statement by an ex-wife that was found “without merit” by a judge. Commenting on the tyranny of family law and how it’s horribly biased is a whole other can of worms, though.

In the meantime, it’s important to realize that this man’s children were dragged naked and handcuffed into a room while his house was ransacked and the entire block was shut off so a dud shotshell and a brass case could be found. I’m sure that’s what the Founders meant by “shall not be infringed”, and non-sarcastically, this is what the left means by “reasonable gun control”.


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