Image 01 Image 03

Court: Legal Insurrection FOIA case for David Gregory non-prosecution records can proceed

Court: Legal Insurrection FOIA case for David Gregory non-prosecution records can proceed

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


Donations tax deductible
to the full extent allowed by law.


Mr Branca, are you aware of this story that has been circulating recently, detailing the same prosecutor’s aggressive prosecution of a man who had nothing more than non-fireable ammunition in his house?

They even lowered the charges to ‘attempted’ possession (which makes no sense with the facts of the case, he was clearly in possession of them, regardless of the legality), specifically to avoid a jury trial?

Thank you, Professor, and keep fighting.

was going to send link to the item Olinser mentioned also.
pretty darned odd huh ?!?!?!

Thanks!! We have got to keep fighting the double standards if we hope to survive the Obama years.

Our self-anointed moral and intellectual betters don’t like it when you look over their shoulders.

You just gotta know the White House is at the bottom of this entire fiasco from start to finish.

Good work, professor.

Keep after these hypocritical ba$tards!

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

Why does that sound so familiar? Didn’t somebody important say something similar, just a few days ago? Dang, who was that?

lol, awesome. Professor Jacobson is like the political version of a MMA-style cage fighter. Ground and pound, sir, ground and pound.

Please continue to keep up the good work. And Thank You!

This is a problem which existed before Obama and goes well beyond the federal government into even the smallest rural towns and counties (like mine).

Governments love to ignore FOIA or, when faced with pressure, to put “fees” for “employee time to gather/copy information” so excessive as to discourage anyone without access to free legal services.

For most of the country and most of the citizens, FOIA is a joke. They give you what they want you to have and not a scrap beyond it.

I love FOIAs that are legal and not stolen and especially ones which bring about justice.

9thDistrictNeighbor | February 28, 2014 at 2:01 pm

I am astounded at the typographical errors in the Order.

Professor, I believe you have gone from ‘just a blogger’ to ‘outside agitator.’

A double standard… is anybody really surprised?

He’s on the side of “good” and above the law.

I’ll be surprised if David Gregory receives any punishment in this case.

Heaven help you or me if you drive to DC and they find a single spent .22-cal rimfire shell in your trunk, under your seat, or in the pocket of your jeans.

Most Open & Transparent Government Ever (™).