Now that the D.C. Metropolitan Police Department is on record that it told NBC News not to use the high capacity magazine in its segment with Wayne LaPierre, the big media is paying attention and taking this seriously.

TMZ is running interference claiming that NBC News was told by ATF that the D.C. Police said it was okay, but the D.C. Police say they were asked directly by NBC News for permission and that permission was denied.

The NY Times actually has a sensible and informative story on it:

In Washington, people who are caught in possession of the type of magazine that Mr. Gregory had can face up to a year in prison, said David Benowitz, a criminal defense lawyer. “You would be arrested; you would most likely be charged with possession of an illegal magazine,” Mr. Benowitz said, adding that “depending on what time you were arrested, you would most likely be held overnight.” Prosecutors and defense lawyers often work out a plea agreement in which defendants receive probation and have a misdemeanor charge on their criminal record, Mr. Benowitz said. If defendants have a prior criminal record or lose a jury trial, they could face a stiffer sentence. Mr. Benowitz said the accusation from the police that NBC had asked for permission and then went ahead with showing the magazine “didn’t help Gregory’s case.”

Yeah, asking for permission is pretty damning when you ignore what you are told directly from the law enforcement authority and do it anyway.

Unfortunately, the otherwise great Greta has missed the point on this, Investigating NBC’s David Gregory? Really? Can we be any sillier?

We have so many serious issues of violence in this country — and even here in DC on our dangerous streets — that it is bizarre to me that anyone would spend (waste) 5 minutes investigating NBC’s David Gregory for this.

One of the problems with the ever expanding gun laws advocated by Gregory and others is that otherwise law-abiding citizens get caught up inadvertently violating the law, like this soldier on leave from Afghanistan, while criminals do what they please and powerful people don’t get prosecuted.

The guns laws, as presently constituted and as proposed, turn us into a nation of men not of laws.

What Greta doesn’t understand is that David Gregory isn’t being investigated because he’s David Gregory; if he were anyone else, he’d already be in jail.

(Created by Legal Insurrection via Quickmeme)

The double-standard being applied by the media to Gregory was ready-made for Iowahawk:

So the press has declared David Gregory not guilty by reason of celebrity. — David Burge (@iowahawkblog) December 26, 2012

David Gregory can have and do illegal stuff because journalism. And because free speech. Also, because shut up. — David Burge (@iowahawkblog) December 26, 2012

You can’t be prosecuted for breaking a law you support. #TheDavidGregoryLoophole — David Burge (@iowahawkblog) December 26, 2012

@aoshq I’m less worried about the “gun show loophole” than the “talk show loophole.” — David Burge (@iowahawkblog) December 26, 2012

According to DC gun laws, Gregory IS an actual criminal. MT @howardkurtz [reGregory] shouldn’t DC police be catching actual criminals? — David Burge (@iowahawkblog) December 26, 2012

Update 12-27-2012 — Feds and media jump to David Gregory’s defense as race card goes missing.



