by I was alerted a few minutes ago by an email from the blog NRA In Danger that Judge Cohen had granted the NY AG’s “motion to compel a post-note of issue, supplemental deposition” of Willes Lee. In doing so, he rejected the arguments put forth by the NRA and Lee.
The meat of Judge Cohen’s order is this:
Here, Mr. Lee’s post-NOI public statements, resignation from the SLC, and removal from NRA leadership are “unusual or unanticipated circumstances” that warrant a “brief and targeted” (NYSCEF 2205 [OAG Reply Brief at 12]) supplemental deposition (Esteva v Catsimatidis, 4 AD3d 210, 211 [1st Dept 2004]). Contrary to the NRA’s argument, in these circumstances the OAG’s ability to cross-examine Mr. Lee at trial is not a sufficient replacement for pre-trial discovery. Further, there is no assurance that Mr. Lee will testify at trial, thus potentially locking in his initial deposition testimony without the opportunity to further question the witness based on subsequent events.
He also found that the potential prejudice to the NYAG’s Office outweighed any potential prejudice to the NRA from having Lee desposed.
The deposition must take place within the next 30 days, it can be for up to seven hours, and it will be limited to the new facts and circumstances that the NY AG’s motion identified.
Given the contradictions between what Lee said in his earlier depositions to both the NY AG and the Bankruptcy Court and what he has posted on social media, this will be interesting. The former directors that I contacted about Lee’s assertions in his affidavit were in agreement he never challenged the NRA’s leadership nor encouraged others to do so.
