Former NRA Director Rocky Marshall had filed a motion to intervene in the NRA dissolution case. His motion was filed in September 2021. He was still a director when he filed the motion to intervene. New York Not-for-Profit Corporation Law § 720 b (1) gave him the statutory right to intervene.
Today a hearing was held on this motion in New York County Supreme Court. Unfortunately, Judge Joel Cohen denied Mr. Marshall’s intervention motion. I did not have an opportunity to listen to the hearing.
However, Stephen Gutowski of The Reload did cover the hearing and posted a series of tweets about it.
The hearing over former board member Rocky Marshall’s attempt to intervene in the New York suit against the NRA is happening. Marshall and others are trying to intervene as a way of providing an alternative representation of members.
The judge seems skeptical of letting Marshall intervene without evidence he was illegitimately pushed off the NRA board.
Marshall’s lawyers are noting they have different claims against the NRA than what New York has brought. They note that a big one is potentially trying to recover legal fees that the interveners believe are excessive.
The judge says that sort of claim isn’t at issue in the New York suit and wouldn’t be decided there. So, an intervention isn’t necessary. Marshall’s lawyers counter that the NRA could be dissolved in this suit and they wouldn’t be able to make any claims at that point.
The interveners argue NRA leadership, such as CEO Wayne LaPierre, has acted against the interests of NRA membership. They argue leadership has harmed the organization and they should be able to intervene on behalf of NRA members.
The NRA’s lawyers are arguing, basically, what the judge had argued earlier. They say Marshall doesn’t have standing to intervene since he isn’t a director anymore.
The NRA is arguing that because Rocky Marshall ran for NRA president during last year’s board meeting he has a conflict of interest in trying to invene (sic) in the case.
The NRA is also arguing Marshall filed his intervention too late. The New York AG’s office also don’t want Marshall to intervene. They also argue he has no standing.
The judge has denied former board member Marshall’s motion to intervene in New York’s case against the NRA.
The judge says he does value the input of NRA members who don’t agree with how NRA leadership has run the organization, though.
Judge says Marshall lacks standing because he is no longer an NRA board member.
It will be interesting to see whether the judge has to decide this same intervention question for a third time if Frank Tait, who is another one of the interveners, is able to get on the NRA board.
Well, crap! I thought Mr. Marshall had a chance to become an intervenor. As things stand now – and I hate to say it – the closest thing we as members have to someone representing our interests in the case is the NY Attorney General’s Office. That sucks.
Frank Tait noted in a post today:
Rocky’s attorneys made the point that the NRA is being bled dry and that this helps achieve the NY AG’s intent of dissolving the NRA.
That correlates with reporting in The Reload that analyzed the NRA’s finances and found that 20% of the budget is now going for legal expenses. Moreover, Wayne’s attorney Phillip Correll has billed the NRA approximately $175,000 in legal fees as of this past August.
One last thing that came out in the hearing today is that Susan LaPierre is also being represented by Phillip Correll. That leads to the obvious question is who is paying him to represent her – the NRA or the LaPierres?