Ann Althouse, David Gregory, District of Columbia, Gun Control, Hoplophobia, Magazine, Mark Steyn, NBC News, The Law
NBC News’ David Gregory apparently defied the (absurd) District of Columbia law forbidding anyone “to possess [&c.] any large capacity ammunition feeding device regardless of whether the device is attached to a firearm” by openly holding in his hand and displaying an empty 30-round magazine during a Meet the Press program in which he confronted NRA EVP Wayne LaPierre.
Anne Althouse elucidates the semiotics that drove NBC News to turn to open, on-the-air, defiant commission of a crime.
If possession of that high-capacity magazine was a crime, and the NBC folk knew it and had even contacted the police and thus even knew they’d created rock-hard evidence that they knew it, why did they go ahead and have Gregory flaunt that illegal possession on television? They had to have thought it was a devastatingly powerful prop. My first guess was that they imagined that viewers â€” some viewers, at least â€” would find the object itself scary. …
I’m not sure exactly why that jogged my thinking, but suddenly I understand the drama Gregory (and his people) were trying to enact. It’s a deep psychic memory of childhood. Gregory sought dominance over his interlocutor, NRA CEO Wayne LaPierre, and the idea â€” in the act of picking up that magazine and beginning an interrogation about it â€” was that Gregory would become (subliminally) a parent figure who would push LaPierre into the subordinate role of the little boy, the cowering child confronted with undeniable evidence of his wrongdoing. What’s THIS I found in your room?
The plan was for LaPierre to babble lamely, scrambling to explain it away, like the kid trying to concoct some cockamamie reason why that (whatever) got into his room. He’d look foolish and guilty, as Dad continues to hold up the item which the kid knows will be the defeat of every idea that flashes through his stupid, stupid brain.
The scenario didn’t play out as scripted. LaPierre is a stolid veteran of many a confrontational interview. He’s not going to let the interviewer get the upper hand that easily.
Naturally, all this has inevitably provoked considerable discussion about whether Mr. Gregory should really be prosecuted and potentially convicted, sentenced, and treated as a criminal for an action obviously involving no real threat of any kind to anyone, for a purely technical violation of an obviously extravagantly far-reaching provision of a law aimed in intent at curbing authentic violent crime.
Mark Steyn, however, decided to swim against the tide of general opinion, and argues that David Gregory ought to be held to the same irrational regulatory standards as everybody else.
This is, declared NYU professor Jay Rosen, â€œthe dumbest media story of 2012.â€ Why? Because, as CNNâ€™s Howard Kurtz breezily put it, everybody knows David Gregory wasnâ€™t â€œplanning to commit any crimes.â€
So what? Neither are the overwhelming majority of his fellow high-capacity-magazine-owning Americans. Yet theyâ€™re expected to know, as they drive around visiting friends and family over Christmas, the various and contradictory gun laws in different jurisdictions. Ignorantia juris non excusat is one of the oldest concepts in civilized society: Ignorance of the law is no excuse. Back when there was a modest and proportionate number of laws, that was just about doable. But in todayâ€™s America there are laws against everything, and any one of us at any time is unknowingly in breach of dozens of them. And in this case NBC were informed by the D.C. police that it would be illegal to show the thing on TV, and they went ahead and did it anyway: Youâ€™ll never take me alive, copper! Youâ€™ll have to pry my high-capacity magazine from my cold dead fingers! When the D.C. SWAT team, the FBI, and the ATF take out NBC News and the whole building goes up in one almighty fireball, David Gregory will be the crazed loon up on the roof like Jimmy Cagney in White Heat: â€œMade it, Ma! Top of the world!â€ At last, some actual must-see TV on that lousy network.
But, even if weâ€™re denied that pleasure, the â€œdumbest media story of 2012â€ is actually rather instructive. David Gregory intended to demonstrate what he regards as the absurdity of Americaâ€™s lax gun laws. Instead, heâ€™s demonstrating the ever greater absurdity of Americaâ€™s non-lax laws. His investigation, prosecution, and a sentence of 20â€“30 years with eligibility for parole after ten (assuming Mothers Against High-Capacity Magazines donâ€™t object) would teach a far more useful lesson than whatever he thought he was doing by waving that clip under LaPierreâ€™s nose.
To Howard Kurtz & Co., itâ€™s â€œobviousâ€ that Gregory didnâ€™t intend to commit a crime. But, in a land choked with laws, â€œobviousnessâ€ is one of the first casualties â€” and â€œobviouslyâ€ innocent citizens have their â€œobviouslyâ€ well-intentioned actions criminalized every minute of the day. Not far away from David Gregory, across the Virginia border, eleven-year-old Skylar Capo made the mistake of rescuing a woodpecker from the jaws of a cat and nursing him back to health for a couple of days. For her pains, a federal Fish & Wildlife gauleiter accompanied by state troopers descended on her house, charged her with illegal transportation of a protected species, issued her a $535 fine, and made her cry. Why is it so â€œobviousâ€ that David Gregory deserves to be treated more leniently than a sixth grader? Because heâ€™s got a TV show and she hasnâ€™t?
He’s got a good argument. Read the whole thing.