No charges for NBC host David Gregory over ammunition magazine

AP

WASHINGTON — NBC journalist David Gregory won't face charges for displaying a high-capacity ammunition magazine on his "Meet the Press" news program last month, District of Columbia prosecutors announced Friday.

The city's Office of the Attorney General, which handles low-level crimes, said criminal charges wouldn't serve the public's best interests even though possession of the magazine — capable of holding up to 30 rounds of ammunition — was clearly against local gun laws.

"Influencing our judgment in this case, among other things, is our recognition that the intent of the temporary possession and short display of the magazine was to promote the First Amendment purpose of informing an ongoing public debate about firearms policy in the United States, especially while this subject was foremost in the minds of the public" after the Connecticut school massacre and President Barack Obama's address to the nation, D.C. Attorney General Irvin Nathan wrote a lawyer for NBC.

Still, Nathan said, there were other legal ways to prove the point and that "there is no doubt of the gravity of the illegal conduct in this matter, especially in a city and a nation that have been plagued by carnage from gun violence." He said it was a "very close decision" to not bring charges.

Firearms laws in the nation's capital generally restrict the possession of high-capacity ammunition magazines, such as the one Gregory said he was holding up during a Dec. 23 interview, regardless of whether they're attached to a firearm. Punishment can carry up to a year in jail or a $1,000 fine.

D.C. police say NBC asked for permission to use the clip during a segment and was advised that it would be illegal, though NBC has said it received conflicting guidance from other law enforcement sources.

Gregory held up the magazine as a prop during an interview on gun control with Wayne LaPierre, the executive vice president of the National Rifle Association.

"Here is a magazine for ammunition that carries 30 bullets. Now, isn't it possible that if we got rid of these, if we replaced them and said, 'Well, you can only have a magazine that carries five bullets or ten bullets,' isn't it just possible that we could reduce the carnage in a situation like Newtown?" Gregory asked, referring to the Dec. 14 school shooting in Newtown, Conn., in which a gunman killed 20 children and six adults.

LaPierre replied: "I don't believe that's going to make one difference. There are so many different ways to evade that even if you had that" ban.

Police began investigating after the program aired and recently referred its findings to the attorney general's office.

The NRA couldn't immediately be reached for comment Friday.

However, NRA president David Keene told CNN last month that he didn't believe Gregory should be prosecuted for what he called a "silly felony."

"I do think it illustrates the craziness of some of these laws," Keene said at the time.

Gregory, a longtime correspondent, was named "Meet the Press" moderator in 2008. The program is generally taped in Washington.

"Meet the Press" issued a statement Friday that said: "We displayed the empty magazine solely for journalistic purposes to help illuminate an important issue for our viewers. We accept the District of Columbia Attorney General's admonishment, respect his decision and will have no further comment on this matter."

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What the week’s big mortgage moves mean for consumers

This week brought three big developments to the nation’s beleaguered mortgage landscape. For consumers, the complex moves have been mostly mystifying, but experts say they all aim at turning the page.

“There is a strong desire to put behind us all this period of time — the aftermath of the darkest period in American finance. All these things [announced this week] are intended to do that,” said John Taylor, president and CEO of the National Community Reinvestment Coalition, a Washington, D.C.-based consumer advocacy group. “There are good and bad things in it for consumers.’’

A new rule issued Thursday by the Consumer Financial Protection Bureau aims to prevent lenders from making the sort of toxic mortgages that forced many unsuspecting borrowers into ruin. Yet the new “qualified mortgage” rule, according to some lenders, also could perpetuate the nation’s tight credit problem and keep many would-be homebuyers on the sidelines.

Meanwhile, two settlements unveiled Monday with big banks should resolve some lingering issues from the mortgage meltdown that have kept banks focused on past errors instead of getting back to the business of lending.

Here is a quick primer on the week’s developments and some likely implications for consumers.

OCC Settlement

The Office of the Comptroller of the Currency, which regulates nationally chartered banks, Monday unveiled an $8.5 billion settlement with 10 giant banks that service mortgages.

As part of the controversial settlement, the OCC is scrapping its Independent Foreclosure Review, which was aimed at identifying victims of robo-signing and other improper foreclosure tactics by banks, but soon proved to be a badly flawed effort.

Instead, under the OCC’s new approach — which will be spelled out in enforcement actions in a couple of weeks — more than 3.8 million borrowers who faced foreclosure between Jan. 1, 2009 and Dec. 31, 2010 stand to get some payment regardless of whether they actually suffered any harm.

The mortgage servicing banks covered are Bank of America, Wells Fargo, Citibank, JPMorgan Chase, SunTrust, PNC, Sovereign, U.S. Bank, MetLife Bank and Aurora.

The agreement provides for $3.3 billion to go directly to borrowers. Another $5.2 billion is earmarked for loan modifications and the forgiveness of deficiency judgments.

The OCC said the amount that eligible borrowers get will range from a few hundred dollars up to $125,000, depending on the type of error that possibly occurred in their mortgage servicing.

“If a borrower went through foreclosure with one of those 10 lenders, they should receive a couple hundred bucks, whether they deserve it or not,” said Guy Cecala, publisher and CEO of Inside Mortgage Finance Publications in Bethesda, Md., which tracks news and statistics in the residential mortgage industry. “The odds of getting $125,000 is the odds of winning the lottery. It would have to be a false foreclosure or where they were thrown out of their house illegally.”

The OCC will look to 13 broad categories of errors outlined in the Independent Foreclosure Review launched in April 2011.

Those include a litany of bumblings and misdeeds by the mortgage servicers, ranging from foreclosing on a homeowner who was following the rules during a trial period of a loan modification, to failing to offer a loan modification as mandated under a government program, to failing to follow up with a borrower to obtain needed documents under a government program.

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Sen. Bill Nelson is going python hunting

Sen. Bill Nelson has taken some ribbing for his focus on Pythons in the Everglades. But the problem is real. So little surprise the 70-year-old Democrat will participate in Florida’s first snake hunt, which begins Saturday and offers cash prizes.

Nelson will go out Thursday with a rancher in Davie.

“He’s had a hand in drawing attention to the problem and it has, in fact, proven to be a very serious problem,” spokesman Dan McLaughlin said. “Bill doesn’t mind the heat, the mosquitoes, the alligators and the poisonous snakes. It puts him in touch with natural Florida.”

Nelson and another hunter will wield machetes and pistols, McLaughlin said.

Hundreds of people have signed up for the python challenge. Grand prizes of $1,500 for harvesting the most Burmese pythons will be awarded to winners of both the general competition and the Python permit holders competition, with additional $1,000 prizes for the longest snake, the Florida Fish and Wildlife Conservation Commission said.

As of Thursday morning, 670 people had signed up for the python challenge. Grand prizes of $1,500 for harvesting the most Burmese pythons will be awarded to winners of both the general competition and the Python permit holders competition, with additional $1,000 prizes for the longest snake, the Florida Fish and Wildlife Conservation Commission said.

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Academy Launches Oscar App on Android, Amazon

LOS ANGELES (TheWrap.com) – The Academy launched its official Oscars app on Android and Amazon on Thursday, expanding its initiative to direct fans’ attention from the television to the second screen.

The app, already available on the iPad and iPhone, was made available for free on the Google Play store and the Amazon app store, the Academy said. According to iTunes, the iPad app was updated earlier on Wednesday.

Developed by the Academy and Disney/ABC Television Group’s digital media arm, the app allows users to see behind-the-scenes videos and stories with host Seth MacFarlane and search information about the nominees. It also features a “My Picks” ballot on which users can organize their dream-team of winners.

On Oscar night on February 24, the app will feature “Backstage Pass,” a live telecast from more than a dozen cameras placed on the Red Carpet and throughout the Dolby Theatre – in the press room, the control room, backstage and elsewhere.

And a ticker on the app will notify when a users’ favorite actor and actress arrives on stage.

“We’re always looking for ways to bring fans closer to the show and this app provides a unique and fun way to do that,” Josh Spector, the managing director of digital media and marketing for the Academy, said in a statement. “More fans than ever will be able to enjoy the full Oscar experience now that our app is available to Droid users.”

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First Look: Kesha's C'Mon Music Video

Ke$ha's getting frisky with some furry, fun-loving friends in the new music video for her single C'Mon, and we have your exclusive first look!

Related: Kesha on Justin Bieber: 'I Would Hit That'

Straight off her album Warrior, you can catch the premiere of the full C'Mon video Friday on Vevo.com.

Ke$ha also graces the cover of Seventeen magazine, so make sure to pick up a copy on stands now!

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First alleged thug in fatal parka mugging arraigned on murder, weapon possession charges

The first alleged thug busted in a senseless fatal parka mugging is claiming all he did was supply the gun.

"I saw the guy shoot the kid," Timothy Montalvo, 16, said of the January 4 fatal shooting of Raphael Ward in front of a church at 49 Columbia Street. Ward, who is also 16, resisted demands to relinquish the $600 parka, and paid with his life, cops say.

Speaking of the tragedy earlier today, Police Commissioner Raymond Kelly said the actual shooter has been identified as Walter Rodriguez, 20, who is still being sought.

"This was a dispute, possible retaliation over jackets being stolen earlier that evening," Kelly told reporters. "But we are looking for Walter Rodriguez, and Timothy Montalvo has been arrested for possession of the weapon. That is the allegation, that the victim may have been involved in the theft of a jacket."

Pool photo

Attorney Gary Sunden stands next to his client Timothy Montalvo, who was being charge for 2nd degree murder, at his arraignment at Manhattan Criminal Court.

"I brought the gun, and I handed the gun to him before he shot him," Montalvo has admitted to cops, according to a criminal complaint charging him with murder and criminal possession of a weapon.

Montalvo was one of four kids caught on video surveillance entering and then leaving a nearby grocery store just before the shooting. He is the first suspect charged.

He stood before Manhattan Criminal Judge Robert Mandelbaum in a far more down-market-looking bomber jacket than the expensive, fur-trimmed Marmot jacket that Ward died over.

"He is charged with murder, and he did give a confession in this case," assistant district Shanda Strain said in asking successfully that the judge order Montalvo held without bail.

Montalvo is due back in court on Jan. 24, when he will learn if a grand jury has voted a murder indictment against him. His lawyer, Gary Sunden, declined comment.

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Walmart redesigns plans for Midtown Miami store

In an effort to garner increased support for its store in Midtown Miami, Walmart late Thursday submitted redesigned plans to the City of Miami that buffers the store with independent shops and restaurants along Midtown Boulevard.

The 16,000-square-feet of retail would line the ground floor of one side of the Walmart store, providing a more interactive streetfront for pedestrians that maintains the character of the Midtown Miami project. This additional retail building would be a joint venture between Walmart and Midtown Opportunities, the developer that owns the majority of the undeveloped property at Midtown.

Midtown Opportunities would develop the liner retail bulding and lease the property to retailers and restaurants. The plans were part of an amended permit application Walmart submitted to city staff for approval.

“Throughout this process, we have remained engaged with the surrounding community to discuss ways our plan could best serve local residents,” said Steven Restivo, senior director of community affairs for Walmart. “Our plan now allows for additional retail that will not only compliment our store but also offer customers more choices for their shopping needs. Plus, we think the opportunity to activate an empty parcel will add an additional economic boost to the surrounding area.”

Zyscovich Architects, the firm which created the master plan for Miami’s Midtown, has been hired by Midtown Opportunities to design the retail space facing along Midtown Boulevard between NW 31st STreet and NW 29th Street. The space would have room for about four to six new restaurants and shops.

“The spirit of The Midtown Miami Master Plan has come alive with a variety of residential, commercial and retail establishments,” said Bernard Zyscovich, President and Managing Partner of Zyscovich Architects. “The new project designs will ensure that the urban character of the district will be retained with new shops along Midtown Boulevard that will incorporate a modern design.”

Walmart’s revised plan also includes a slightly adjusted vision for the look of the entire store, providing additional metal canopies, awnings and a glass storefront. Pending the approval of city staff, Walmart hopes to begin construction this summer with an opening befor the end of 2014.

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Dems at odds over future Florida Democratic Party chair

Democratic National Committee Chairwoman Debbie Wasserman Schultz has the ear and the loyalty of President Barack Obama, and loads of influence among Democrats in Washington and across the country. Democratic activists in her home state of Florida, however, are poised to deliver an embarrassing snub to Wasserman Schultz later this month with the heated race to lead the state Democratic Party.

The congresswoman from Weston recruited longtime friend Allison Tant of Tallahassee to run for chair of the state party, and in recent weeks has aggressively lobbied elected officials and party activists to get behind her anointed choice.

But it looks increasingly likely that those activists may ignore the entreaties by Wasserman Schultz and Sen. Bill Nelson and instead elect Tampa activist Alan Clendenin to succeed outgoing party chairman Rod Smith.

"They’re in absolute denial that they’ve lost," Hillsborough Democratic Chairman Chris Mitchell said of Tant and her supporters. "Now they’re scrambling, and Debbie’s trying to save face. ... She wants to have complete control of the (state party) and what they do, and Allison Tant gives her complete control. Debbie knows she can’t control Alan and she can control Allison."

Democratic state committee members from Palm Beach, Broward and Miami-Dade counties on Monday night held a non-binding vote on the race for party chairman and unanimously backed Clendenin over Tant. The way the party weighs votes in such party elections, the votes from those three Democratic strongholds could all but ensure Clendenin is the next state party chairman.

Clendenin, 53, said Wasserman Schultz urged him to drop out of the race to pave the way for Tant, but he refused.

His endorsements include U.S. Rep. Kathy Castor and former gubernatorial nominee Alex Sink — both fellow Hillsborough county residents — and the state party’s black and Hispanic caucuses.

"The bottom line is we’re all Democrats and like with all elections, we will unify when we’re done,’’ Clendenin, a retired air traffic controller who would be Florida’s first openly gay state party chairman, said when asked if he could work with the DNC chairwoman if he wins.

"I’ve been counting votes for a long time for a lot of years. The vote count we have is one that puts Allison in a very strong position," said Wasserman Schultz. "The vote is on Jan. 26 and that’s the one that matters."

Tant, a top Obama fundraiser and former lobbyist who had been little known outside of Tallahassee, noted that the Monday night South Florida vote was non-binding and that she is rapidly gaining support as she meets more and more people across the state.

"It’s very close and it will be a robust primary," said Tant, 51, who on Wednesday announced endorsements from most Democrats in the Florida congressional delegation (U.S. Reps. Frederica Wilson and Joe Garcia of Miami-Dade; Alcee Hastings of Broward; Lois Frankel, Ted Deutch and Patrick Murphy of Palm Beach; Alan Grayson of Orange County; and Corrine Brown of Duval County) as well as seven local party officials.

Clendenin’s supporters tout his vision for shaking up the party and mobilizing and organizing the grassroots, while Tant’s supporters often stress her strong fundraising skills.

"It makes sense that the people who are ultimately elected by party activists are strongly supporting Allison Tant because we know what it takes to win election," Wasserman Schultz said. "Without having someone at the helm who can raise the resources, we are not going to be competitive in 2014

Wasserman Schultz’s close involvement in the race has led to speculation she wants a strong ally leading the state party should she run for governor or U.S. Senate, but the DNC leader dismissed that talk.

"This is nothing more than I am leader of the party nationally and I care about my state, and I really care about making sure that we can defeat Rick Scott," she said.

Clendenin said the choice boils down to whether Democrats want a leader to tweak the party (Tant) or make significant changes (Clendenin). Tant, he said, could be "part of an incredible team to change the trajectory of the state of Florida. I want to work with Allison to be part of a team. I believe Allison would be willing to do that, but Debbie is unwilling to give her the latitude to do that."

Florida Democrats have not had as competitive and heated an election for state party chairman in at least two decades. On blogs and through emails, advocates for both candidates have attacked the rival candidate.

Tant critics have cast her as a puppet of party elites and a status quo candidate. They have pointed to a handful of donations she has made to Republican legislative candidates (Tant said they mainly went to candidates who would advocate for disabled children and that she gave to far more Democrats), and that her husband, former Democratic attorney general candidate Barry Richard, represented the Bush-Cheney campaign in the 2000 recount.

Clendenin critics say he is out of his league when it comes to the most critical element of a party’s success — raising money. Tant raised at least $340,000 for Obama in the last election from Leon County alone.

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Golden Globes Dates George Clooney Bradley Cooper Brad Pitt

Before we see the nominees and their plus-ones at Sunday's 70th Annual Golden Globe Awards, we're looking back at the past dates of the star-studded event.

PICS: Golden Globes Presenters

If the Globes had an award for unpredictability, it might be a toss-up between George Clooney and Bradley Cooper.

In 1997 and '98, Clooney showed up with then-girlfriend Celine Belitran, but for his next four Globes appearances he walked the red carpet alone. Then in 2010, he escorted Elizabetta Canalis, but last year he had Stacy Keibler on his arm.

Cooper has also kept us guessing. In 2006, he was snapped with then-girlfriend Jennifer Esposito, but in 2010 he turned the awards show into a boys' night out with the cast of The Hangover.

Click the video for more, and tune in to the Golden Globes on January 13 at 8 ET/5 PT on NBC.

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Unidentified 9/11 remains will be safe: city

The remains of unidentified victims of 9/11 to be interred at the World Trade Center memorial site will be safe from flooding and other disasters, city attorneys argued today in state appellate court in Manhattan.

“There’s no evidence in the record that there is a problem with flooding,” argued Ellen Ravitch, of the city’s Law Department.

But a group of families disagree saying flooding during Hurricane Sandy proved the site isn’t safe from storms.

The group had sued the city under the Freedom of Information Law for the release of a master list of all registered family members so they can poll them about whether they’d like to see the unidentified remains buried in a capsule under the memorial, as is planned now, or in above-ground memorial.

The city, however, has refused citing privacy concerns, even though it did provide the list to the 9/11 Memorial, a privately-run non-profit.

The five-judge appellate panel said it would announce it’s decision at a later date.

Family members said if others knew where the remains will be located they would also object.

“This is going to flood again. There will be human remains floating all over Lower Manhattan. I was down there after Sept. 11 picking up body parts, and I’m afraid that’s going to happen again,” said retired FDNY Deputy Chief Jim Riches, who lost his son, Jimmy, also a firefighter, on 9/11.

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