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Legal Insurrection FOIA case for David Gregory non-prosecution records can proceed

Remember back in December of 2012 when David Gregory of NBC’s Meet the Press pulled out a ‘high-capacity’ magazine and waved it around on camera to make his anti-gun rights point? Even though the magazine was empty, Gregory violated DC gun laws. Reportedly, Gregory and NBC even asked DC police if they could use the magazine as a prop on Meet the Press, and they were denied, but that didn’t stop them from using it anyway. As is typical, nothing happened to David Gregory for violating the law because he’s not a commoner like us. Legal Insurrection has filed a FOIA suit against the Distric of Columbia seeking records related to the non-prosecution of David Gregory and NBC News. NBC tried to file a motion to dismiss Legal Insurrection’s FOIA request, and were denied.

Legal Insurrection FOIA case for David Gregory non-prosecution records can proceed
Legal Insurrection FOIA case for David Gregory non-prosecution records can proceed

NBC News was warned by the D.C. police that possession of the magazine was illegal, and that NBC News should use a photo not the real thing, but NBC News ignored the warning.

The D.C. Attorney General, Irvin Nathan, decided not to prosecute Gregory or NBC News personnel.

D.C. has not given us all the documents we requested, and even withheld initially documents it had provided to others. Among the missing documents is a Warrant and supporting Affidavit provided to the D.C. Attorney General by the Metropolitan Police.

D.C. moved to dismiss the case as “moot.” It was a frivolous motion, since there continued to be disputes and hence a continuing dispute, but it managed to slow down the case for several months.

We just received a decision on the motion to dismiss, and not surprisingly, it was denied. So our case moves forward.