Webb aide's gun charge dropped by prosecutor

[Desertdog]

One law for me, another for thee.
Any surprises here?

Webb aide's gun charge dropped by prosecutor
http://fredericksburg.com/News/FLS/2007/042007/04282007/279797


WASHINGTON--Authorities dropped charges yesterday against an aide to Virginia Sen. Jim Webb who carried a loaded gun into the U.S. Capitol complex.

"After reviewing and analyzing all of the evidence in the case, we do not believe the essential elements of the crime of carrying a pistol without a license can be proved beyond a reasonable doubt," said U.S. Attorney Jeff Taylor, top prosecutor in the District of Columbia.

Webb senior aide Phillip Thompson, 45, of Stafford County, was arrested on March 26 after Capitol Police spotted the loaded pistol and two other loaded magazines in a briefcase being scanned by an X-ray machine at the entrance of the Russell Senate office building.

Thompson told the officer at the building's entrance that the weapon belonged to Webb.

The senator said later he did not give Thompson the gun but refused to say whether it was his. Webb told reporters Thompson had carried the gun into the building "completely inadvertently."

District of Columbia law prohibits carrying a handgun or concealed weapon without a license.

 

[FPrice]

Any surprises here?

[Gomer Pyle]Surprise, surprise, Sgt Carter.[/Gomer Pyle]

 

[El Tejon]

No evidence of mens rea. It seems to me it should be dismissed.

My question: did Webb get the pistol back?

 

[jpk1md]

It will be interesting to see if the next Md or VA resident that ACCIDENTALLY crosses into DC and gets stopped for something rediculously stupid and its discovered that they have a firearm in their possession whether or not the judiciary will also drop the charges....the precedent has been set....lets see what happens.

 

[El Tejon]

The judiciary did not drop the charges; the executive did.

It was a nolle signed by the chief federal law enforcement officer, the USA, not a motion to dismiss order signed by a judge.

No precedent is created. Prosecutors, especially USAs, are notorious for "flexible" standards.

 

[Old Fuff]

Do you think a little bird went and sat on his shoulder and tweeted a message into his ear???

Could it be that Thompson's boss has clout? And if it was the Senator's pistol does anyone doubt that he'll get it back?

Rank do have privileges...

 

[Erebus]

"After reviewing and analyzing all of the evidence in the case, we do not believe the essential elements of the crime of carrying a pistol without a license can be proved beyond a reasonable doubt," said U.S. Attorney Jeff Taylor, top prosecutor in the District of Columbia.

Oh Really?

Webb senior aide Phillip Thompson, 45, of Stafford County, was arrested on March 26 after Capitol Police spotted the loaded pistol and two other loaded magazines in a briefcase being scanned by an X-ray machine at the entrance of the Russell Senate office building.

Hmm X-Ray logs, police officers, clearly no evidence or credible witnesses here.

Must be nice to not have all the "peasant's laws" apply to you.

 

[atek3]

Nope, no double standard that I can see... none at all.

 

[Flyboy]

Erebus:

Hmm X-Ray logs, police officers, clearly no evidence or credible witnesses here.

Go read El Tejon's post about mens rea; it's usually a required element (there are exceptions).

Now, I'll agree that the exceptions seem to be more and more frequent, and yes, I do see a double standard, but without the ability to prove intent, the case should be dropped. Would that it happened more often....

 

[hammer4nc]

The "unconstitutional vagueness" of this case should be apparent.

 

[Nicky Santoro]

Apparently it is still true that, while all animals are equal, some are more equal than others.

A tip of the hat to George Orwell.

 

[griz]

It would be interesting to find out if they normally investigate who the gun belonged to in a case such as this. In other words, if it is illegal to have the gun in DC, that is seperate from the crime of bringing it into the building. But I doubt they will pursue it, since it might lead to an embarrasing revelation about on of our lawmakers.

 

[Aguila Blanca]

No evidence of mens rea. It seems to me it should be dismissed.

That's a nice, lawyerly dismissal, El T, but given that it's fundamentally correct ... why don't prosecutors apply the same logic to cases of ordinary people who inadventently carry a forgotten nail clipper, scout knife or loose round of ammunition into an airport in a carry-on bag? Or to the guy who was arrested at one of the NY airports (Newark) for trying to recheck his handgun (legally) after a flight delay had made him spend the night at the airport hotel?

The concept of mens rea seems to be losing ground to the policies of "zero tolerance." The authorities don't care if you intended to violate the law (or regulation), they only care that what you did doesn't fit in with their black-and-white schedule of what actions have been decreed as unacceptable.

 

[El Tejon]

AB, why don't prosecutors behave in a consistent manner? Well, if you can answer that one, I'll buy you dinner (and probably offer you a job)? Everyday I fight about lack of mens rea, guilt by association, corruption of the blood, and a dozen other things I thought we had abandoned upon founding.

In fact, you may forget, as of last summer I have first hand experience with forgotten items in airline baggage: http://www.thehighroad.org/showthread.php?t=209034

 

[44AMP]

Anybody remember....

The indident quite a few years back when Sen Kennedy's bodyguard carried a pair of Uzis (concealed under his coat) into the Capital? The Good Senator marched across the street to the Treasury Building, and wonder of wonders, no charges were filed.

The elite (and their trusted servants) do as they wish. The Law is for the rest of us.:banghead:

 

[never_retreat]

No corruption there.

 

[Don Gwinn]

corruption of the blood, and a dozen other things I thought we had abandoned upon founding.

What of the who now?

 

[Sage of Seattle]

That's a nice, lawyerly dismissal, El T, but given that it's fundamentally correct ... why don't prosecutors apply the same logic to cases of ordinary people who inadventently carry a forgotten nail clipper, scout knife or loose round of ammunition into an airport in a carry-on bag? Or to the guy who was arrested at one of the NY airports (Newark) for trying to recheck his handgun (legally) after a flight delay had made him spend the night at the airport hotel?

For the life of me, I can't find the thread on THR dealing with the airline stew (IIRC) who accidentally carried a firearm into the sterile area of the airport, left, then returned to admit her mistake. Maybe I have this case confused, but isn't she now being prosecuted for that mistake? If so, I guess the concept of mens rea should be explained to that particular prosecuting attorney (or the one in DC who dropped Webb's aide's charges).

Besides, I didn't realize that the prosecuting attorney only went forward on charges that he/she thinks is a slam-dunk. I thought that once they got their [strike]rubber stamp[/strike] grand jury indictment, then everything is peachy.

El T, could you shed some light on this?

 

[El Tejon]

Don, holding family members responsible for what another has done. It's from English law.

"Corruption of Blood

Corruption of Blood was part of ancient English penalty for treason. It was usually part of a Bill of Attainder, which normally sentenced the accused to death. The corruption of blood would forbid the accused's family from inhereting his property. Such bills and punishments were often inflicted upon Tories by colonial governments immediately following independence."

It works like this:

El Tejon: "I have this 18 year old kid, Jasper Lee Longstreet Lee DuBree III, on an Obstructing Traffic for getting drunk and running down the street in traffic with his shirt off at 4:00am. No record, how about you just dismiss for this nonsense?"

Deptuy Prosecuting Attorney: "His daddy, Jasper Lee Longstreet Lee DuBree II, is a bad, bad man, burglary, robbery, forgery of a one dollar bill, aggravated mopery with a parrot. No way, he's his son, no dismissal."

El Tejon: "You can't? But that's corruption of the blood! What are you--Queen of England?"

Sage, even if they file charges or obtain an indictment, they still have to prove beyond a reasonable doubt.

As far as the airline attendant and the Senator's aide, the smaller you are, the more they can crush you. Prosecutors have an enormous amount of discretion and hence power. Not everyone will act the same way with every case.

 

[Travis McGee]

One set of laws for the Lords, and quite another for the peasants.

 

[30 cal slob]

So all of you would have been HAPPY if an otherwise stand-up law-abiding citizen (albeit a connected one) got convicted of stupid felony crime and forever be stripped of his 2A rights?

I'm personally glad the guy got off. Now people who find themselves in similar situations can point to this (not, as posted above, as a binding precedent). I just hope he is just as pro-gung-ho RKBA as Senator Webb purportedly is.

 

[SWMAN]

I'm glad to see the charge was dismissed. There should never had been acharge in the first place as Thompson was traveling from VA to the Capital, which is ruled by Congress.

 

[S.P.E.C.T.R.E.]

So all of you would have been HAPPY if an otherwise stand-up law-abiding citizen (albeit a connected one) got convicted of stupid felony crime and forever be stripped of his 2A rights?

You're missing the point. It's not that THIS guy got off, it's that the next poor bastard that forgets he is in possession of a gun in an airport or some other off-limits area is going to be sent down the river. That's is the issue here.

 

[Bubbles]

So all of you would have been HAPPY if an otherwise stand-up law-abiding citizen (albeit a connected one) got convicted of stupid felony crime and forever be stripped of his 2A rights?

Yes, because if the "connected" folks can continue to violate the laws with impunity while other law-abiding but "unconnected" folks cannot, there will be no reason for the "connected" folks to change the law. The only way to apply pressure is if they are held to the same standard as the rest of us.

 

[cassandrasdaddy]

sigh
i know it deflates all the innernet wariors but what happened if far from unusual over the years i know quite a few folks caught similarly that got treated the same. they have full jails and more serious stuff to handle in dc. the words no paper are often heard in the halls of justice there. but heck if it feeds your fantasies enjoy