Prosecutorial discretion?

“One can distinguish between violations of the D.C. firearms law that occur as a result of providing information to the public and those that do not. Whether the distinction justifies non-prosecution in the former case is very much another question, but one that falls within the AG’s discretion to decide.

Unfortunately, it’s difficult not to suspect that the AG was moved by the fact that he liked the message behind Gregory’s violation of the law. I can’t help but think that the outcome might well have been different if the “First Amendment informational purpose” had been in service of a pro-gun message. ”

“Prosecutorial discretion should not be exercised in the case of flagrant disregard of the law — e.g., a violation that occurs in the face of instruction by the police that the action being contemplated is unlawful.”

Paul Mirengoff describes how David Gregory skates past prosecution. When justice becomes a matter of who you know and who you are rather than what you do, confidence in the law becomes eroded. It is the essence of corruption.

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