The fix was in from the start - David Gregory and his high-capacity magazine
From William A. Jacobson writing at
Legal Insurrection:
David Gregory and wife knew D.C. Attorney General
District of Columbia Attorney General Irvin Nathan issued a lengthy letter today explaining the decision not to prosecute David Gregory �despite the clarity of the violation of this important law,� despite rejecting NBC�s claims of a subjective misunderstanding of the law, and despite vowing vigorous enforcement of gun laws.
Emily Miller of The Washington Times, who has written extensively about the overly aggressive enforcement of D.C. gun laws, including as to high capacity magazines, reacted as follows:It is shameful that the politicians running the nation�s capital have sent the clear message that there are two systems of justice in the city: one for the rich and powerful and one for everyone else.
It further undermines public confidence in such decisions to find out that Nathan knew Gregory and his wife, high-powered attorney Beth Wilkinson.
Anne dug up the connection in which in 2011 Nathan and Wilkinson participated together in a charity mock trial for the Washington, D.C. Shakespeare Theatre Company (emphasis in original):In this town full of lawyers it should be no surprise that this event sold out in 44 seconds�.. The attorneys were Beth Wilkinson a partner at Paul Weiss (and wife of David Gregory, aka the Silver Fox, who was snapping pictures like a proud hubby!) and Irv Nathan, Acting Attorney General for DC. Both were hilarious and Beth looked so great in her black dress and patent leather heels, I was totally motivated to stick to my overly arduous diet.
Whether this connection meant Nathan had to recuse himself is not a conclusion that people need to jump to.
What�s important is that the connection reinforces public perception, as Emily Miller put it, of one law for �the rich and powerful and one for everyone else.�
James Brinkley didn�t participate in mock trials with Irvin Nathan at the Washington, D.C. Shakespeare Theater. He participated in a real trial in court against Nathan�s office, as told by Miller several days ago, If you�re not David Gregory:Despite the evidence Mr. Brinkley had been legally transporting the gun, his attorney Richard Gardiner said the D.C. Office of the Attorney General �wouldn�t drop it.� �. Mr. Brinkley refused to take a plea bargain and admit guilt, so the matter went to trial Dec. 4. The judge sided with Mr. Brinkley, saying he had met the burden of proof that he was legally transporting.
James Brinkley's case was unreal -- from Emily's story at
The Washington Times:
Mr. Brinkley�s story is just one example of at least 105 individuals who, unlike Mr. Gregory, were arrested in 2012 for having a magazine that can hold more than 10 rounds.
On Sept. 8, Mr. Brinkley says he intended to drop his wife and young children at the White House for a tour and then head to a shooting range to practice for the U.S. Marshals Service test. Just like Mr. Gregory, Mr. Brinkley called MPD in advance for guidance on how he could do this legally. Mr. Brinkley was told that the gun had to be unloaded and locked in the trunk, and he couldn�t park the car and walk around.
Unlike Mr. Gregory, Mr. Brinkley followed the police orders by placing his Glock 22 in a box with a big padlock in the trunk of his Dodge Charger. The two ordinary, 15-round magazines were not in the gun, and he did not have any ammunition with him.
As he was dropping off his family at 11 a.m. on the corner of Pennsylvania Avenue, Mr. Brinkley stopped to ask a Secret Service officer whether his wife could take the baby�s car seat into the White House. The officer saw Mr. Brinkley had an empty holster, which kicked off a traffic stop that ended in a search of the Charger�s trunk. Mr. Brinkley was booked on two counts of �high capacity� magazine possession (these are ordinary magazines nearly everywhere else in the country) and one count of possessing an unregistered gun.
Despite the evidence Mr. Brinkley had been legally transporting the gun, his attorney Richard Gardiner said the D.C. Office of the Attorney General �wouldn�t drop it.� This is the same office now showing apparent reluctance to charge Mr. Gregory.
Another article from Ms. Miller that goes into better detail is here:
MILLER: If you�re not David Gregory ... (extended version)
Mr. Brinkley is a U.S. Army veteran and served in Iraq and was headed to the range to practice for his U.S. Marshals Service test. He is someone of value to society whereas Mr. Gregory is just a biased journalist.
Posted by DaveH at January 12, 2013 10:16 AM