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Judicial Watch • David Gregory Charging Letter

David Gregory Charging Letter

David Gregory Charging Letter

Page 1: David Gregory Charging Letter

Category:Legal Document

Number of Pages:3

Date Created:January 11, 2013

Date Uploaded to the Library:December 09, 2014

Tags:119981398, Gregory, david


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GOVERNMENT THE DISTRICT COLUMBIA 
Office the Attorney General 
***
January 11, 2013 
Lee Levine, Esq. 
Levine Sullivan Koch Schulz, LLP 1899 Street, N.W., Suite 200 
Washington, D.C. 20036 
Re: Meet The Press 
Dear Mr. Levine: you know, the Metropolitan Police Department (MPD) has referred this office (OAG) the results its investigation the broadcast your client, the National Broadcasting Company (NBC), the news program "Meet the Press" Sunday December 23, 2012. that broadcast, during the course interview guest regarding firearms policy the United States, the program host, David Gregory, exhibited camera large capacity ammunition feeding device ("magazine") violation D.C. law. have also received and reviewed your letter January 2013, explaining the circumstances under which Mr. Gregory came into possession the magazine, the purported confusion from the allegedly conflicting advice from federal and local law enforcement sources, and assurances your client future compliance with our laws. 
The device the host's possession that broadcast was magazine capable holding rounds ammunition. The host also possessed and displayed another ammunition magazine capable holding five ten rounds ammunition. Neither magazine contained any ammunition nor was either connected any firearm. The broadcast took place from NBC studios located 4001 Nebraska Avenue, N.W. Washington, D.C. unlawful under D.C. Code Section 7-2506.0l(b) for any person while the District Columbia "possess, sell, transfer any large capacity ammunition feeding device regardless whether the device attached firearm" loaded. Under the Subsection, the term "large capacity ammunition feeding device" means "magazine, belt, drum, feed strip similar device that has the capacity of, that can readily restored converted accept more than ten rounds ammunition." Under D.C. Code Section 7-2507.06, any person convicted violation this Subsection may imprisoned for not more than one year, fined not more than $1,000, both. 
441 Fourth Street, NW, Suite llOOS, Washington, D.C. 20001, (202) 727-3400, Fax (202) 741-0580 

Lee Levine, Esq. January 11, 2013 Page 
The larger the two ammunition feeding devices question here meets the definition under the statute. OAG has responsibility for prosecuting such offenses and takes that responsibility very seriously. have history aggressively prosecuting violations this statute where the circumstances warrant. There doubt the gravity the illegal conduct this matter, especially city and nation that have been plagued carnage from gun violence. course, the recent tragic, heart-breaking events, particularly Sandy Hook elementary school Newtown, Connecticut, which appear have led the program question, also underscore our belief the vigorous enforcement such laws. 
Having carefully reviewed all the facts and circumstances this matter, does every case involving firearms-related offenses any other potential violation D.C. law within our criminal jurisdiction, OAG has determined exercise its prosecutorial discretion decline bring criminal charges against Mr. Gregory, who has criminal record, any other NBC employee based the events associated with the December 23, 2012 broadcast. OAG has made this determination, despite the clarity the violation this important law, because under all the circumstances here prosecution would not promote public safety the District Columbia nor serve the best interests the people the District whom this office owes its trust. 
Influencing our judgment this case, among other things, our recognition that the intent the temporary possession and short display the magazine was promote the First Amendment purpose informing ongoing public debate about firearms policy the United States, especially while this subject was foremost the minds the public following the previously mentioned events Connecticut and the President's speech the nation about them. There were, however, other legal means available demonstrate the point and pursue this line questioning with the guest that were suggested NBC and that could have and should have been pursued. 
OAG also appreciates that the magazine was immediately returned the source that NBC understood its lawful owner outside the District and that the magazine question, with NBC's assistance, has been surrendered MPD. OAG also recognizes the cooperation NBC has provided the investigation this matter. the other hand, specific intent required for this violation, and ignorance the law even confusion about defense. therefore did not rely making our judgment the feeble and unsatisfactory efforts that NBC made determine whether not was lawful possess, display and broadcast this large capacity magazine means fostering the public policy debate. Although there appears have been some misinformation provided initially, NBC was clearly and timely advised MPD employee that its plans exhibit the broadcast high capacity,magazine would violate D.C. law, and there was contrary advice from any federal official. While you argue that some NBC employees subjectively felt uncertain whether its planned actions were lawful not, not believe such uncertainty was justified and note that NBC has now acknowledged that its interpretation the information received was incorrect. 
 

Lee Levine, Esq. January 11, 2013 Page 
NBC should made aware that OAG's decision not press charges this matter was very close decision and not one which came lightly easily. Accordingly, NBC and its employees should take meticulous care the future ensure that full compliance with 
D.C. law whether its actions involve firearms any other potential violation. Repetition NBC any employee any similar other firearms violation will prosecuted the full extent supported the facts and the law. confident that you will convey our deep concern and warning your client. 
Sincerely, Nathan 
Attorney General for the District Columbia