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Judicial Watch • Court Orders Release of Affidavit in Support of Arrest of David Gregory to Judicial Watch, Legal Insurrection Blog

Court Orders Release of Affidavit in Support of Arrest of David Gregory to Judicial Watch, Legal Insurrection Blog

Court Orders Release of Affidavit in Support of Arrest of David Gregory to Judicial Watch, Legal Insurrection Blog

DECEMBER 09, 2014

Lawsuit Sought Decision Documents on Gregory’s Gun Law Violation

(Washington, DC) Judicial Watch today announced a win in court that ordered the District of Columbia to make public the affidavit in support of arrest of NBC’s David Gregory in association with a gun law violation committed in December 2012 on Meet the Press.  Gregory exhibited a high-capacity ammunition magazine during an interview with the National Rifle Association’s Wayne LaPierre concerning firearms policy in the United States

In January 2013, Legal Insurrection submitted a District of Columbia Freedom of Information Act (FOIA) request to the District of Columbia Metropolitan Police Department (MPD) and the Office of the Attorney General (OAG) seeking access to the following records:

  1. The January 9, 2013 letter from Lee Levine on behalf of David Gregory, referenced in the letter dated January 11, 2013, from Attorney General Irvin B. Nathan to Mr. Levine which was publicly disclosed on that date.
  2. All communications between the District of Columbia Office of Attorney General and/or Metropolitan Police Department, on the one hand, and legal counsel for David Gregory and/or NBC News, on the other hand, with regard to the incident involving the display on television by Mr. Gregory of an alleged high-capacity ammunition clip (the “Gregory incident”).
  3. All documents in the possession of the MPD and OAG regarding the Gregory incident, to the extent not exempted from disclosure under applicable law, including but not limited to witness statements, evidence review and possession records, interview notes, and forensic testing.

On January 11, 2013, D.C. Attorney General Irvin B. Nathan sent a letter to NBC saying that his office would not prosecute Gregory, “despite the clarity of the violation of this important law.”  The Attorney General added, “There is no doubt of the gravity of the illegal conduct in this matter. . . .”

In May 2013, Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit in the Superior Court of the District of Columbia seeking access to records concerning the decision by the District of Columbia not to prosecute Gregory (Jacobson v. District of Columbia Office of the Attorney General, et al. (No. 13-0003283)).

“Making the arrest record public will help shed light on what the District of Columbia police thought of Gregory’s violation of law,” said Judicial Watch President Tom Fitton.  “As it stands, we still do not know why the Attorney General refused to prosecute Gregory. That fact remains a mystery.

“Judicial Watch is pleased to announce a partial victory for Legal Insurrection and Professor Jacobson in this important matter of equal justice under the law.”

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