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DC going to trial over one cartridge
... and a misfired one, at that. Reporter David Gregory was given a walk on possessing an illegal magazine, but businessman Mark Witaschek is being tried on possession of one shotgun shell (which had proven to be a dud) in his house.
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If it goes to trial, it would make a good candidate for jury nullification.
He's completely innocent.
He'll be tried by a jury of his peers who know they can't have firearms or ammunition themselves. The prosecution will tell them he's nobody special, that he's just like them. The law clearly says you can't have ammunition, that there's no excuse and that this is the case they get to decide, not David Gregory's, and furthermore if the police find ammunition in their house, they'll receive the same treatment or worse because now they all clearly know the law.
The jury will likely think, "So why should this fool get away with it when I damn sure won't?"
I predict he'll be found guilty just because he dared to go to trial.
What do they all not get about "warrantless search?"
Does he have a case for malicious prosecution against the government?
All on the word of a vicious and vindictive ex-wife.
But laws, rules, and regs made by the DC Council have no authority. The Constitution clearly and explicitly places exclusive legislative power in the hands of Congress. Congress may not delegate that authority to any other entity. Delegata potestes non potest delegari. Congress has exclusive authority, but not absolute and thus all legislation that Congress passes concerning DC must conform to the Constitution. Even Heller was BS and the legal authorities should have just said the DC Council has no power to make any laws, rules, or regs just as the Constitution explicitly states. Article I, Section 8, Paragraph 17.
Trial has started; the prosecution has rested. The charges have been downgraded to "attempted possession" with a six month maximum sentence that is not eligible for a jury trial. The same judge allowed Dick Gregory to walk for possession of a 30-round magazine.
Guilty, guilty, guilty! Convicted not on the misfired shotgun shell, but on:
"The 25 conical-shaped, .45 caliber bullets, made by Knight out of lead and copper, sat on the judge’s desk. They do not have primer or gunpowder so cannot be propelled. The matching .50 caliber plastic sabots were also in the box."
"MILLER: Exclusive — Shock verdict — Mark Witaschek guilty of possessing muzzleloader bullets in D.C. … while NBC’s David Gregory got off scot free"
From reading the article, my take is that Mr. Witaschek possesses the savvy to make this go rather badly for the prosecutors.
There are fools, and then there are damned fools.