It's all over the internet of course, but here it is anyway: David Gregory will not be prosecuted. So, just as I wrote on Dec. 26, NBC is indeed above the law.
Prof. Jacobs has a PDF of the actual letter from the D.C. attorney general to NBC News. When you wade through the school-marm tone and self-serving verbiage, the reason for the non-prosecution is nothing but: Gregory was reporter doing important reporter stuff:
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 ... .So can someone else - you know, a regular guy like you or me (or gal) - go to Washington with an empty magazine just like the one Gregory used, with no firearm present, and stand in a public space and deliver a First Amendment-protected speech on national firearms policy? What if I was invited to speak by a large organization that had 1,000 listeners in the convention hall?
Would the DCAG simply say, "Okay, no problem, despite the clarity of the violation of the law forbidding even simple possession of such magazines, your possession was merely temporary to promote the First Amendment purpose of informing an ongoing public debate about firearms policy in the United States"?
Not a chance, and you know it. This is as political a non-prosecution as you'll find anywhere.
Here's the DCAG's letter:
D.C. Attorney General Letter Declining to Prosecute David Gregory