"Gregory had no intent to commit a crime; he was committing journalism instead."

"Gun owners often say they want the government to leave them alone; why then are some clamoring for Gregory to be prosecuted?"

Asks Howard Kurtz, with amazing naivete. The implied argument is quite weird and perverse.

First, he's got this either/or premise: If you're doing one thing, you're not doing something else. If you're doing journalism, you can't also be doing something else. That might make sense if the crime in question had a required mental element that would be negated by the intent to "commit journalism," but it doesn't. Mere possession is enough. The most virtuous individuals with the best intentions get stuck with this law applying to them. If you don't like that, then you don't like this law. You've got an objection to the law, and yet, ironically, Gregory was arguing for more laws like that! That was the nature of the "journalism" he was "committing." He ought to be the first one prosecuted, not the last.

Second, Kurtz, a journalist himself, is mired the same sense of entitlement that people are objecting to in Gregory. He thinks journalists are special people who float above it all, who don't live in reality. You are the very people who are supposed to be observing reality, understanding it, and explaining it. But you don't even see that you are part of it. You have less awareness of it than the people you're getting paid to inform. Maybe you think you're just too important to have your time wasted by consequences that would befall ordinary people. You need to be free to continue to sit there mouthing outrage about the next terrible thing that befalls some ordinary person out there in the real world.

Third, Kurtz thinks he's caught others in hypocrisy. If gun owners want the government to leave them alone, why would they want Gregory to be prosecuted? It's like Kurtz wants us to laugh in his face. Yet he seems to think he's being quite clever. Why would he think that? Puzzling, isn't it? My only answer is that he does not believe in the rule of law. It doesn't occur to him that what gun owners who "want the government to leave them alone" want is for legislatures to refrain from passing laws and to repeal existing laws and for courts to declare laws null under the Second Amendment. Why should these people like it if one privileged, prominent man escapes prosecution? The laws remain, affecting everyone else, even as the oppressiveness of the laws is falsely minimized.