Of course he won’t.
Having carefully reviewed all of the facts and circumstances of this matter, as it does in every case involving firearms-related offenses or any other potential violation of D.C. law within our criminal jurisdiction, OAG 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. 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. 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, especially while this subject was foremost in the minds of the public following the previously mentioned events in Connecticut and the President’s speech to the nation about them. 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.
OAG also appreciates that the magazine was immediately returned to the source that NBC understood to be its lawful owner outside of the District and that the magazine in question, with NBC’s assistance, has been surrendered to MPD. OAG also recognizes the cooperation NBC has provided in the investigation of this matter.
“…despite the clarity of the violation of this important law…”
Blatant violation of “important law” + Freedom of Press + No Criminal Intent = No Prosecution.
In other words, the attorney general has found an argument to support the position that the application of this law is very important except in the case of a narrow set of circumstances that apply uniquely to David Gregory.
It is unique to David Gregory. If you are ever arrested for possession of a device that is illegal to posses, you tell them that, even though you knew you were breaking the law by possessing it, you didn’t intend to use it to do anything illegal.
“Why, officer, yes, I knew possession of a fully automatic Uzi sub-machine gun is illegal but I just wanted to use it as a prop as part of my 1st Amendment rights. I certainly didn’t intend to use it to commit any additional crimes. Now then, if you will excuse me, I will be on my way.”
Let us know how that works out for you.
It would be funny if it wasn’t so foul.