David Gregory Will Not Be Prosecuted for Gun Violation

It's now official: David Gregory is above the law. Just two days after the DC attorney general's office received the case of NBC star's deliberate exibition of a high-capacity bullet magazine, the agency decided it would not prosecute.

The decision is interesting and disturbing for two reasons: 1) the prosecutors believe that Gregory (and his producers) were guilty of the crime, and 2) they seem to think that it is ok to use the rights granted by the First Amendment to attack the rights granted by the Second.

In a statement released to the media, the Office of Attorney General admitted that Gregory was, in fact, guilty of violating the law by wantonly waving a 30-round gun magazine on the December 23, 2012 edition of Meet the Press. The "clarity of the violation" of the law was apparent according to the statement.

Despite being obviously guilty of violating the law, Gregory and his producers were not proscuted because apparently rights provided by the Constitution need to be protected:

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.

In other words, it is ok for someone to violate our anti-Second Amendment law because he is within his rights provided by the First Amendment.

Statist "logic" at its finest.

Here is the full text of the Office of Attorney General's statement via Legal Insurrection:

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.

Matthew Sheffield
Matthew Sheffield
Matthew Sheffield, creator of NewsBusters and president of Dialog New Media, an internet marketing and design firm, left NewsBusters at the end of 2013