If he’d been in my jurisdiction, he’d taken the perp walk. Although my MENSA bright buddy did remind me that we often exercised discretion in our misdemeanor arrests and he did also remind me we took in consideration several thing including intent and the actual chance the prosecution would take up the case. Why waste the paper? If you get my meaning. He also pointed out Gregory is a journalist and journalist get a free pass on a lot of offenses BECAUSE they are a journalist. (I disagree by the way, remember James O’Keefe’s run in with the law.) And he had to admit, rather angrily, to my point was Gregory was one of “them” not one of us.
The DC attorney general apparently agreed.
Irvin Nathan, the attorney general for the District of Columbia, 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. 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.”
The full text of the letter is at the bottom of this story.
The “Meet the Press” anchor ignored police guidance and held up an illegal 30-round rifle magazine in his D.C. studio during an interview on Dec. 23 with the National Rifle Association’s Wayne LaPierre on gun-control laws. The Metropolitan Police Department (MPD) concluded the three-and-a-half week investigation into the allegations — seen live on national TV — without an arrest by turning over the facts to the Office of the Attorney General (OAG).
Here is part of the text. Note the corner David Gregory painted the AG into. He did his best to get out, but the irony is thick.
Having carefully reviewed all of the facts and circumstances of this matter, as it does in everycase involving firearms-related offenses or any other potential violation of D.C. law within ourcriminal jurisdiction, OAG has determined to exercise its prosecutorial discretion to decline tobring 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 Amendmentpurpose 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.
On the other hand, no specific intent is required for this violation, and ignorance of the law or even confusion about it is no defense. We therefore did not rely in making our judgment on thefeeble 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 publicpolicy debate. Although there appears to have been some misinformation provided initially, NBC was clearly and timely advised by an MPD employee that its plans to exhibit on thebroadcast a high capacity-magazine would violate D.C. law, and there was no contrary advicefrom any federal official. While you argue that some NBC employees subjectively felt uncertainas to whether its planned actions were lawful or not, we do not believe such uncertainty was justified and we note that NBC has now acknowledged that its interpretation of the information it received was incorrect.
There’s more. Lawyers are nothing if not loquacious. Read the whole thing and ask yourself if this defense is a good defense should you be caught. Oh, it doesn’t hurt to have your wife be friends with the AG.
Over at Hotair someone posted a good idea. Put the word “Gregoried” into the lexicon. Great thought.
A new word for our lexicon:
Gregoried (v): When a person in clear and acknowledge violation of the law goes unpunished due to the political ideology of said person. “She was gregoried when officials decided that, despite her assault and battery on protesters of partial-birth abortion, her values on the subject aligned with the President.”
One has to ask the big question- “How long before someone brings this up to that British fool Morgan something over at CNN?”