The NRA, LaPierre, And Frazer Appeal

Attorneys for the NRA, Wayne LaPierre, and John Frazer all filed appeals in People of New York v. National Rifle Association of America et al on Friday. They are appealing Judge Cohen’s decision and “order on motion” in which he denies their motions to set aside the jury’s verdict and enter a judgment for them as a matter of law. Frazer’s motion was to only set aside part of the jury’s verdict but that was also denied. Attorneys for Wilson “Woody” Phillips had filed a similar motion to set aside the verdict but are not appealing. As noted earlier, it appears he has settled with the New York Attorney General’s Office.

The appeals will go to the Appellate Division of the Supreme Court of the State of New York, First
Judicial Department. That same court has denied all previous appeals made by any of the defendants and have upheld all of Judge Cohen’s rulings in this case. The Appellate Division is the intermediate appellate level in New York State with the Court of Appeals being akin to Supreme Courts in other states.

Noah Peters of Brewer, Attorneys and Counselors, is arguing on behalf of the NRA. His argument centers around whether there enough evidence to find that the NRA payments for Susan LaPierre’s hair and makeup, to David Keene, and to Woody Phillips were anything other than “de minimis”. He goes on to question whether people like Phil Journey, Craig Spray, Rocky Marshall, Ollie North, and others should really be considered “whistleblowers”. Finally, he questions whether the jury had sufficient cause under New York’s Executive Law to find the NRA submitted false filings.

The attorney for Wayne, Kent Correll, is arguing that the Attorney General lacked the “power, authority, capacity or standing to seek or procure a judgment” under New York law to seek monetary damages against an officer of a not-for-profit, to seek the removal of such officer, and to bar the re-election of a person who is no longer employed by the non-for-profit. He also attacks the sufficiency of the evidence against Wayne.

John Frazer’s appeal argues that since the jury did not find grounds for either monetary damages or removal from office, it erred in finding he failed in his fiduciary responsibilities. Moreover, since no claim of false statements were made against the NRA’s accountants, they should not have found he knowingly signed off on a false filing.

Given the past history of appeals in this trial, I really don’t seeing any of these defendants winning their appeals. Moreover, with the exception of Frazer who is essentially fighting to stay employed, I think the other appeals are going through the motions because a) they will generate more billable hours and b) for the public relations aspect of it. Wayne is fighting to say he really wasn’t a grifter and the NRA is trying to assert that the jury should never have agreed with the Attorney General because, you know, she hates us and wants us gone.

Vendetta or no vendetta, the attorneys for New York had a strong case against the NRA and the individual defendants. Josh Powell and Woody Phillips have realized it and settled. That the NRA has not settled like that did with the Attorney General for the District of Columbia is a shame. I think what they will get now in terms of punishment is going to be worse than if they had settled. The only winners are the attorneys who will rake in even more fees that are being paid out of members’ dues or, at least, that is the case for sure with regard to the NRA. Who is paying the fees for Wayne and Frazer and whether it will ultimately be the NRA is up in the air.