Court: Legal Insurrection FOIA case for David Gregory non-prosecution records can proceed
For those of you who are new to the blog, or who have not been paying attention, 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 despite their clear violation of D.C.’s gun law by possessing a 30-round ammunition magazine. We are represented by Judicial Watch.
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.
We will keep you informed.
Legal Insurrection v. DC – FOIA – Order on Motion to Dismiss
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This is a problem which existed before Obama and goes well beyond the federal government into even the smallest rural towns and counties (like mine).
Governments love to ignore FOIA or, when faced with pressure, to put “fees” for “employee time to gather/copy information” so excessive as to discourage anyone without access to free legal services.
For most of the country and most of the citizens, FOIA is a joke. They give you what they want you to have and not a scrap beyond it.
I love FOIAs that are legal and not stolen and especially ones which bring about justice.
I am astounded at the typographical errors in the Order.
Professor, I believe you have gone from ‘just a blogger’ to ‘outside agitator.’
A double standard… is anybody really surprised?
He’s on the side of “good” and above the law.
I’ll be surprised if David Gregory receives any punishment in this case.
Heaven help you or me if you drive to DC and they find a single spent .22-cal rimfire shell in your trunk, under your seat, or in the pocket of your jeans.
Most Open & Transparent Government Ever (™).
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