Another View Of The New York Hearing

NRA Present Bob Barr sent out a memo to the Board yesterday after the hearing before Judge Joel Cohen. I would make the humble suggestion to read this and then compare to my report on the hearing published earlier this evening.

After a nearly two-hour hearing today in his New York City courtroom, Justice Joel Cohen indicated he would issue a final order shortly. Today’s hearing was argued by Sarah Rogers as NRA counsel and attended in person by President Barr and Chief Compliance Officer Bob Mensinger—along with various Board members who observed the proceedings electronically.

The judge began the hearing by praising the careful process that the NRA and its Board followed in formulating its Final Judgment proposals, stating that it was clear that those proposals reflected a lot of work. He also posed numerous questions to both sides in assessing the following issues that are before him for resolution:

— The process according to which NRA Board members are nominated and then selected — which we believe robustly identifies individuals with the background and skills most necessary for the advancement of the NRA and its mission.

— The composition of NRA committees, how their members are selected, and whether any committees in addition to the Audit Committee fall within the Court’s purview.

— Protections for our Chief Compliance Officer: the parties agreed on the NRA’s proposed severance contract.

—Whether the NRA should be required, per the NYAG’s request, to retain an additional third-party internal auditor.

—Whether the NRA should retain an advisory consultant who was not a testifying expert (for either side) at trial.

— Whether the NRA should be forced to conduct a referendum on the size of our Board, or, as we have argued, allow the Special Committee on Organization to continue its work to carefully and comprehensively consider such issues and report back to its recommendations the Board of Directors, as directed by the Board at its September 7th meeting.

— In response to the NYAG’s arguments for dissolution of the SLC, the judge raised questions about his jurisdiction with regard to the issue.

Additionally, as a final matter during the hearing, there was a robust discussion regarding collection of the money judgments against the individual defendants, including Wayne LaPierre. Both the NRA and Mr. LaPierre’s counsel argued that monies — once collected — should be paid straight away to the NRA, not held in escrow by the NYAG. The judge signaled agreement on the latter point and suggested further that the NRA could come to him if the collection was not being appropriately pursued (for example, if problems were encountered with the NYAG dragging its feet or placing some type of roadblock in the NRA’s ability to collect such monies).

We anticipate the judge will render a final, written order soon, and will keep the Board timely apprised of further developments.

Best regards,

Bob Barr

For the SLC