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D.C. Attorney General Won’t Press Charges Against NBC’s David Gregory for Ammunition Magazine Incident

Jan. 11, 2013 4:34pm Madeleine Morgenstern

D.C. Attorney General Wont Press Charges Against David Gregory for Ammunition Magazine Incident

NBC

The Washington, D.C. attorney general won’t prosecute NBC’s David Gregory for holding up a high-capacity ammunition magazine on national television, the office announced Friday.

“[The office of the attorney general] 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,” D.C. Attorney General Irvin Nathan wrote in a letter to NBC attorney Lee Levine provided to TheBlaze.

“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,” the letter stated.

Nathan described it as a “very close decision” and not one the office came to “lightly or easily.”

Gregory held up what he said was a magazine able to carry 30 bullets during a “Meet the Press” interview with National Rifle Association CEO Wayne LaPierre following the Newtown, Conn. elementary school massacre. In Washington, D.C., where “Meet the Press” tapes, it is illegal to possess a magazine capable of holding 10 or more rounds of ammunition.

Nathan noted that NBC was “clearly and timely advised” by D.C. police that “its plans to exhibit on the broadcast a high-capacity magazine would violate D.C. law.”

He acknowledged that the context of Gregory’s actions influenced the decision not to prosecute.

“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,” Nathan said. “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.”

He cautioned that “repetition by NBC or any employee of any similar or other firearms violation will be prosecuted to the full extent supported by the facts and the law.”

This post has been updated.

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Comments (150)

Beachmastermax
Posted on January 11, 2013 at 5:43pm
Those laws were only meant to be used against Black people.

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Case_Logic
Posted on January 11, 2013 at 5:38pm
D.C. Attorney General Irvin Nathan owes the District of Columbia a huge apology and should either step down or have their asinine gun laws struck down.

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SimretYusef
Posted on January 11, 2013 at 5:36pm
Once again….READ THE SECOND AMENDMENT!

It has nothing to do with HUNTING…or ASSAULT WEAPONS….it is to “protect WE THE PEOPLE” from an “OVERBEARING GOVERNMENT”!

Such as is the case RIGHT NOW!!!!!!

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Bob350
Posted on January 11, 2013 at 5:30pm
I had a lot to say about this but then I saw TSUNAMI_22′s comment and that said it all.
Nothing else needs to be said because we are becoming a nation with no rule of law.
Good comment TSUNAMI!!!!!

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P4cooler
Posted on January 11, 2013 at 5:28pm
It’s a stupid law passed by anti gun fanatic morons. Notice however how the liberal left takes care of themselves. The average hard working American would have been given no flexibility and be prosecuted. I wish to join the fight against tyranny and the coming Obama holocaust so I will hang on to my firearms. Hopefully Americans wake up to how damaging this president is …..spending 236 years worth of debt and DOUBLING our deficit in one short 4 year term. Still printing money as we speak. Obama killed hundreds of Latino citizens trying to create an emergency to pass anti gun legislation (Fast & Furious). Benghazi was a “Fast & Furious” killing our Ambassador and Navy Seals except Obama armed the Taliban as compared to the Mexican drug cartel. The Obama policies will soon crash our US Dollar. Obama spending has made our country insolvent! Then the average low information citizen/voter will get involved.

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Redcatcher21
Posted on January 11, 2013 at 5:24pm
One of the first signs of a completely corrupt government is the selective application of criminal law on political opponents, the poor, and those that are not popular with the powerful.

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BLACKDIAMONDSKIER
Posted on January 11, 2013 at 5:15pm
Ohhhh gee thanks MR. GOVERNMENT. Praise be to the government. They decided not to prosecute a man for holding a gun magazine on television. Should we be overjoyed at the compassion of the attorney general. To think that an apparently good man could be prosecuted for holding a gun magazine in the United States of America is absurd. Ohhh how we have PROGRESSED. What if that was you holding the gun magazine? I wonder if your political affiliation would have anything to do with whether the government would pursue charges or not? I wonder if the attorney’s decision would remain constant? I doubt it. Isn’t that exactly what oppressive leaders do. Give a pass to their friends while prosecuting their political opponent. This is why “EQUAL JUSTICE” is important. What if you were holding a magazine in your hand? Would the result be the same as in this case? Would you get a pass? What would happen to you? You big government dopes had better wake up and smell the roses because we have reached a point where opponents of those in power (whoever they are) can be easily crushed with a decision to prosecute or not. This is what our founders were fearful of. They were wise to recognize the nature of man. This is WHY we retain the right to KEEP AND BEAR ARMS. To keep innocent men from being oppressed. David Gregory just happened to be on the right side of the aisle. Get my drift.

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Mike76
Posted on January 11, 2013 at 5:14pm
Protecting one of their own? No way! I’m shocked and refuse to believe it. /End sarcasm.

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Tri-ox
Posted on January 11, 2013 at 5:14pm
No surprise. Laws are meaningless, and don’t apply to obama, or his liberals.

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Git-R-Done
Posted on January 11, 2013 at 5:12pm
What a big shocker that the elitists are above the law while only us common people have to obey the law.

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Outlaw_Josey_Wales
Posted on January 11, 2013 at 5:10pm
Was Eric Holder a detective on the TV show Barney Miller?

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qpwillie
Posted on January 11, 2013 at 5:06pm
“Prosecutorial discretion”. And we all know what that means.

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SocialistSlayer
Posted on January 11, 2013 at 5:05pm
Yea – Typical Pinko Commie Liberal Democrats – The Law only applies to whom they determine not to be in their circles. I demand a Federal Investigation ! Holder – What you going to do with your Commie Self ???

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common cents
Posted on January 11, 2013 at 5:05pm
More Hypocrisy from the left, no surprise here, More Fuel for the inevitable civil War.
Anyone ever notice 99% of our nations problems are caused by our elected officials?
They know when Americans have had enough, that’s why we have the Homeland security Dept.
and new legislation to indefinitely imprison American citizens without due process.
My dad has always said that America has already been taken over, were just now finding out…..

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SocialistSlayer
Posted on January 11, 2013 at 5:05pm
Yeap – Typical Pinko Commie Liberal Democrats – The Law only applies to whom they determine not to be in their circles. I demand a Federal Investigation ! Holder – What you going to do with your Commie Self ???

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Skeeterhawk
Posted on January 11, 2013 at 5:00pm
Promoting the First Amendment with a hi cap mag is OK but promoting the Second Amendment by possessing a hi cap mag is illegal. A crime.

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Cavallo
Posted on January 11, 2013 at 4:59pm
I am not shocked.

Some animals are more equal than others under the law.

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txbigfoot
Posted on January 11, 2013 at 4:59pm
I am SHOCKED!!! SHOCKED I SAY!
PANSIES.

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ZAP
Posted on January 11, 2013 at 4:58pm
My Lord has one set of commandments and He applies them equally to all……

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DougHuffman
Posted on January 11, 2013 at 4:55pm
Chief Justice John Marshall wrote the following on this subject:

“Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the judge, always for the purpose of giving effect to the will of the legislature; or, in other words, to the will of the law.(Osborn V. Bank of the United States, 22 U. S. 738 (1824))”

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afishfarted
Posted on January 11, 2013 at 4:55pm
As Gomer Pyle used to say:

SURPRISE SURPRISE SURPRIZE !!! SHAZAM !!

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DeVain
Posted on January 11, 2013 at 4:54pm
Gee….

I am so surprised….

/sarcasm

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Skeeterhawk
Posted on January 11, 2013 at 4:54pm
Promoting the First Amendment with a hi cap mag is OK with this chump but promoting the Second Amendment by possessing a hi cap mag is illegal. A crime.

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The-Monk
Posted on January 11, 2013 at 4:53pm
Good…. they just set the legal precedent for everyone in Washington, DC.

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GoodCook
Posted on January 11, 2013 at 4:53pm
Unequal justice under the law!

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