January 2024 - Page 3 of 3 -

NY Times On NRA Trial

Danny Hakim has been the lead New York Times reporter covering the NRA and its problems. He has a story out today on the trial entitled, “LaPierre, Longtime N.R.A. Leader, Faces Trial That Could End His Reign.”

The article is primarily an overview of the lawsuit from the beginning with nothing new revealed that readers here don’t already know. That is, except for this little tidbit buried in the story.

The attorney general’s office has had settlement talks with Mr. Powell, a person with knowledge of the case said, but no deal has been announced.

That news should not be surprising. Powell has appeared throughout his entire business career to be a survivor despite his many failed business ventures. If his tell-all book was any indication, he will say or do anything in order to survive. Given he is now acting pro se or as his own attorney in this case due to an inability to pay or afford his legal bills, he is the most vulnerable of the defendants in the case. Besides, how much money does the NY Attorney General’s Office realistically expect to reclaim from him. As the old saying goes, you can’t squeeze blood from a turnip.

H/T A.M.

Jury Selection In NRA Trial Starts Today

In just a few minutes jury selection in People of New York v. National Rifle Association of America et al will commence. It has been almost three and half years since the New York Attorney General’s Office and its Charity Bureau filed suit against the NRA, Wayne LaPierre, Woody Phillips, John Frazer, and Josh Powell.

As of this morning, 2,641 motions, exhibits, letters, witness lists, transcripts, court notices, and other documents have been filed with the Clerk of the Supreme Court for New York County. This includes 65 documents that were filed with the court over the weekend and through this morning from both sides. I anticipate we will see more motions and letters to Judge Cohen filed as the day progresses.

This leads to an interesting question. Do the attorneys for the NRA and the four defendants charge extra for working over the weekend or does it just run up the number of billable hours?

Further, while the attorney fees for Wayne LaPierre and John Frazer will probably be covered under indemnification agreements with the NRA for their actions while serving as officers, what about Woody Phillips and Josh Powell? Will they be reimbursed? They are being sued for actions they took while working either directly or indirectly for the NRA. We know Powell is now acting as his own attorney as he can’t afford the attorney fees out of pocket. Regardless of how many will get their attorney fees reimbursed, it is still all member’s money down the drain after the D&O policy pays their little bit.