Lipstick On A Pig

A missive went out yesterday afternoon to NRA members from Wayne LaPierre saying all is well. I didn’t receive it but the Complementary Spouse did. I must be on the Marion Hammer-Willes Lee “enemies within“haters” list since I didn’t receive it despite being an Endowment Life member.

The Complementary Spouse who is not given to invective called it a “crock of shit” after reading it.

Whether it is cherry-picking what Judge Hale actually said or asserting that the decision had no impact “on our staffing, programs or Second Amendment advocacy”, you have to wonder. You have to wonder if they think the great majority of us are so gullible that we will accept this nonsense as the gospel truth. You have to wonder in what alternate universe Wayne and his board supporters live in if they think the NRA is “strong and secure.”

There is one line in which I agree 100%. The second paragraph starts, “Over the past month, we did it again.”

If by did it again, you meant that you gave Bill Brewer and his firm millions of dollars for shady legal advice and are worse off for it, I’d agree. The “Mental Experiment” speculation of the blog NRA In Danger makes a plausible case that Bill Brewer’s ultimate goal is to destroy the NRA and get rich by doing it. I think a strong case can be made that the NRA’s downward trend started the moment that Bill Brewer whispered in Wayne’s ear, “I can keep you out of prison.”

If you didn’t get the letter or have let your membership lapse out of disgust, I have printed it below.

Dear NRA Members,

In my more than 40 years with the NRA, we’ve taken part in some bruising fights to defend our freedoms and our NRA. As they say, nothing worth having comes easy.

Over the past month, we did it again. The NRA took center stage in the fight for our reorganization in federal court in Dallas. Although our case for reorganization was dismissed on May 11, there are many positive developments that bode well for the Association and its plans for the future.

Strong and Secure

First and foremost, the legal decision has no impact on our staffing, programs or Second Amendment advocacy. All of our work continues and remains as vital as ever. We will continue to defend constitutional freedoms, promote firearms education, and advocate for and represent our members in all appropriate forums.

This outcome has no impact on all the divisions and affiliates associated with the NRA. Our programs, political activity, charitable endeavors, and Second Amendment advocacy all continue. We remain strong and secure.

Second, the New York Attorney General and others that aligned against the NRA in opposition to the NRA’s reorganization plan were unsuccessful in their effort to derail us. As you may have read, they sought to dismiss the NRA’s Chapter 11 reorganization filing with prejudice or, in the alternative, appointment of a court-appointed trustee. They wanted to see someone else take control of the Association’s business and financial affairs.

None of that happened. The court in Dallas did not appoint a trustee or impose any other form of oversight on the NRA. Instead, the court dismissed our reorganization filing without prejudice, meaning the NRA has the option to file a new case in the future if the need arises. Importantly, there was no financial watchdog (an examiner) appointed, as sought by some.

The enemies of the Association want to claim the NRA filing was in “bad faith” and the NRA should be assessed penalties. But, that’s not what the judge found. On May 14, the judge clarified that he did not hold that the NRA reorganization filing was in “bad faith.”

In summary, we are no longer in bankruptcy court in Dallas – and our mission moves forward.

Our leadership team remains intact. Those outcomes are far from the “doom and gloom” predicted by the so-called experts, many in the far-left media, and gun control advocates. Don’t believe everything you read in the newspaper: we are not going anywhere. We’re fighting as hard as ever in defense of your freedoms.

Our plans are not finalized, but we remain committed to exploring a move of all or part of the NRA’s business operations to Texas – home to more than 400,000 NRA members. In fact, the court observed that we could still accomplish those goals outside of bankruptcy court. In other words, our business operations and plans for the future are not affected by these developments.

The Record Reflects: Committed to Good Governance

During a 12-day court hearing that occurred over approximately four weeks, the NRA established that it complies with board policies and accounting controls, displaced “insiders” who abused the Association, and accepted reimbursements for costs voluntarily determined to be excess benefits.

The hearing proceedings focused, in significant measure, on the NRA’s compliance efforts and the organization’s renewed commitment to good governance.

In an opinion, dated May 11, 2021, the Hon. Harlin D. Hale, U.S. Bankruptcy Judge, Northern District of Texas, wrote, “In short, the testimony…suggests that the NRA now understands the importance of compliance. Outside of bankruptcy, the NRA can pay its creditors, continue to fulfill its mission, continue to improve its governance and internal controls, contest dissolution in the NYAG Enforcement Action, and pursue the legal steps necessary to leave New York.”

Of course, very little of this was publicly reported.

As I told the media, the NRA remains committed to its members and our plan for the future. This fight is about our 5 million members – those who stand courageously with the NRA in defense of constitutional freedom.

Let this be clear: we are an organization that remains committed to its course, even as we confront our adversaries in New York and beyond. The NRA will keep fighting, as we’ve done for 150 years.

Confronting a Political Agenda – and Fighting for Freedom

That means the NRA continues to confront NYAG Letitia James in her attempt to dissolve the NRA.

The NYAG wants to close our doors as part of a lawsuit she filed on August 6, 2020. In summer 2018, then NYAG candidate James called the NRA a “criminal enterprise” and “terrorist organization.” Her subsequent pursuit of the NRA has been characterized by many legal experts and constitutional scholars as a gross weaponization of legal and regulatory power. Even the ACLU recognized that.

As several NRA board members noted, the record now establishes that NRA members can have great confidence in this institution and its plans for the future. We will work with members, vendors, and other supporters to continue the fight for freedom. And we will never shrink from the tough and principled stands we take on behalf of our law-abiding 5 million members.

It all comes down to protecting your constitutional freedoms. The NRA has never shied away from those fights. And I promise you, that’s a fight we’ll always take on.

Wayne Signature

Wayne LaPierre

Frank Tait and I were on the Armed Society Podcast last night discussing the bankruptcy dismissal. One thing that Frank brought up with regard to the NRA’s strategy over the years is that they have been playing defense as opposed to offense. We both agreed that we wanted a more pro-active NRA that ditched their “not invented here” mindset and that had a strategic plan to optimize what they do best such as training, competition, and Federal lobbying.


5 thoughts on “Lipstick On A Pig”

  1. “The enemies of the Association want to claim the NRA filing was in “bad faith” and the NRA should be assessed penalties. But, that’s not what the judge found. On May 14, the judge clarified that he did not hold that the NRA reorganization filing was in “bad faith.””

    WLP can say that, but the judge held that the NRA filed to obtain an unfair litigation advantage over the NYAG, and that a bankruptcy case filed to obtain an unfair litigation advantage is not filed in good faith and should be dismissed. See p. 29 of of the Dismissal Order. If the case is not filed in good faith, it’s filed in bad faith. There’s no such thing as medium faith.

    1. Bear in mind that I am not a lawyer but I believe the law does make a distinction between “bad faith” and “not in good faith”. I could be wrong on this but it was something I heard yesterday (not from the NRA).

      1. Also not a lawyer, but I can conjecture.
        Good faith = no trickery, org is in fiduciary trouble.
        Not in good faith = org is filing for other-than-fiduciary reasons.
        Bad faith = regardles of fiduciary wellness, org is filing in order to put a veneer on fraud.
        In this case, it was other-than-fiduciary wellness reasons prompting the attempted bankruptcy claim, therefore it was Not In Good Faith. If it comes out that such a move would have concealed fraud (on part of NRA or WLP), a Bad Faith argument could certainly be made.
        Again, IANAL, this is just me parsing and being pedantic in my conjecture.

  2. I didn’t get that missive either – at least not yet – and I’m a Benefactor Life Member.

  3. I got it. Guess they haven’t figured out what I am saying yet. I scanned to see if WLP was pulling the plug, then deleted.

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