…He sent back a Feb. 20 email from Victor Bonett in the attorney general’s office that said, “OAG is withholding the Jan. 9, 2013 letter from Lee Levine and certain responsive emails between OAG and MPD, pursuant to D.C. Official Code Section 2-534(a)(3)(A)(i), (a)(4) and (e).”
Mr. Levine’s letter provided new information, such as that the source of the “high-capacity” magazine. “Meet the Press briefly borrowed the empty magazine from a private citizen who lives outside of the District of Columbia and who ‘Meet the Press’ understood possessed the magazine lawfully,” he wrote.
The NBC lawyer also claimed, “The magazine was immediately returned to its owner following the broadcast.”
However, according to a police “property record” document, a Kay Industries 30-round magazine was recovered from Mr. Gregory (at a redacted address) as part of an active investigation. The document is signed on Jan. 9, two days after Mr. Levine said the magazine had been returned to its owner.
So the mag they claim they borrowed was returned and yet a mag was still seized. So no matter what NBC’s story, if the DC police seized a mag, that’s all it takes to violate the law. Mere possession, and that’s it.
Good to see folks with resources, regional proximity, and ability are pursing this.
No matter how it turns out, it’s a splendid case to use for anyone who’s arrested or charged from now on to illustrate a failure of equal application of the law.
Professor Jacobson at Legal Insurrection has a bit more.