NRA

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Padding The NRA Ballot

January 17, 2024 by 3 Comments

When the NRA Nominations Committee first released their list of nominations for the 2024 Board of Directors election it had 28 names on it. As I noted at the time (Sept. 27th), 25 of those on the list were current board members with 23 having been nominated in 2021. The only three new persons nominated were Craig Haggard, Susannah Warner Kipke, and Gina Roberts.

Fast forward to early November when the complete ballot with the four petition candidates was released. I did not take notice of it at the time but the Nominations Committee had added another two nominees to go along with the four that were on the ballot by petition. I’ll attribute my oversight to being on vacation with family as well as being excited that all four petition candidates had made it.

The additions to the ballot were former NRA President Carolyn Meadows and Greer Johnson of Duluth, Georgia. Ms. Johnson, 72, is on the Board of Trustees of the NRA Foundation. I have been told she is or was a “Friend of Wayne”. Meadows and Johnson both have served as officers on the Board of the Stone Mountain Memorial Association in Georgia at the same time. Note that these two were added to the ballot before Wayne LaPierre resigned.

Adding more people to the list of nominees aka padding the ballot is meant to decrease the odds of one or more of the petition candidates being successful in their quest to be elected to the Board of Directors.

What makes this more egregious is that the Nominations Committee had to be aware that Mrs. Meadows’ health was an issue. Going back as far as the 2020 NRA Annual Meeting in Tucson, it was apparent from her video appearance that she was suffering from a neuro-muscular illness of some sort. More recently, she was supposed to be a witness in the NRA trial in New York City. Attorneys for the NRA informed the NY Attorney General’s Office in mid-December that her health might not allow her to testify in person at the trial. This was amended to both in person and virtually.

From the letter to the court by the Attorney General’s Office:

On January 5, 2024, the NRA finally provided a medical affidavit for Ms. Meadows. Ms. Meadows’ physician represents that she is unable to testify in person or virtually because of her health condition. Subject to a representation from NRA counsel that Ms. Meadows did not attend, in person or virtually, the January 2024 Board meeting, Plaintiff will use Ms. Meadows’ videotaped deposition in lieu of live testimony.

If Mrs. Meadows’ health is such that she cannot even testify virtually, how can she effectively serve on the NRA Board of Directors? The answer is she cannot and it is a disservice to the members of the NRA to even nominate her.

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Another AG Weighs In On NRA EVP Succession

January 17, 2024 by

As I posted last week, Texas Attorney General Ken Paxton (R-TX) endorsed former NRA-ILA General Counsel Wade Callender to succeed Wayne LaPierre as the permanent Executive VP and CEO of the NRA. He was joined in endorsing Callender by Texas St. Sen. Drew Springer (R-30th).

Now Callender has been endorsed for the position by Utah Attorney General Sean Reyes (R-UT).

Obviously, two of the state attorney generals who worked with Callender in submitting amicus briefs in support of the NY State Rifle and Pistol Association in the Bruen case think very highly of him. I would not be surprised if more of these state attorney generals weigh in with support of Callender.

This must cause a bit of dismay in Fairfax where those still in denial that there is anything wrong within the NRA seem to be backing Charles Cotton to be the successor to Wayne.

Too bad!

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Analogy Of The Day

January 13, 2024 by 2 Comments

I started hearing rumors as soon as Wayne LaPierre resigned that current NRA President Charles Cotton was jockeying for the position of CEO and Executive Vice President. Personally, I think this would be a travesty and would mark the death knell of the NRA. One merely needs to remember that Mr. Cotton served and continues to serve as head of the Audit Committee for many years while the grifters grifted.

The best analogy on the move by Mr. Cotton to win the EVP position was by my friend Ron Carter who said:

Cotton is clearly the Nikita Khrushchev seeking to seize the opportunity on the death of Stalin….I use the Soviet reference because it sure resembles it. All the yes-men will keep saying yes to the strongest posture regardless of any other criteria.

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Will Texas Politics Impact NRA EVP Succession?

January 11, 2024 by 1 Comment

With so much attention focussed on the trial involving the NRA in New York City, scant attention has been paid to who succeeds Wayne LaPierre as CEO and Executive Vice President of the NRA. I think most observers would agree that Andrew Arulanandam, who will serve as the interim EVP upon Wayne’s January 31st resignation, is a place holder and not a serious contender for the permanent position.

An article by Stephen Gutowski in The Reload posted today may give some clue as to a potential successor. After discussing what I called “the dueling letters” regarding post-employment compensation and health issues of Wayne, Gutowski provides this potential clue.

Prominent NRA supporters have already begun publicly circulating at least one alternative. Former NRA Institute of Legislative Action deputy executive director and general counsel Wade Callender, who helped coordinate with the group’s state affiliate in the successful 2022 Supreme Court Bruen case, has already received the backing of several elected officials. Texas Attorney General Ken Paxton (R.) and State Senator Drew Springer (R.) posted a call for Callender to take over the NRA’s top perch on social media this week.

Callender left the position as General Counsel and Deputy Executive Director of NRA-ILA due, in large part, to the growing interference from the NRA’s outside counsel William Brewer III. Callender confirmed this to me in a face-to-face conversation we held at the 2022 Gun Rights Policy Conference held in Irving, Texas. He has since returned to private practice in Dallas area.

Texas AG Ken Paxton has been a stalwart supporter of the Second Amendment and has signed on to a number of amicus briefs in support of it. Paxton, who was last year impeached by the Texas House of Representatives, was acquitted on all charges in the trial in the Texas Senate. The move to impeach Paxton was led by Texas House Speaker Dade Phelan who is his arch political enemy. Phelan, who is considered a RINO by Texas conservatives, and has been asked to resign by the leaders of the Texas Republican Party.

After the murders of school children in Uvalde, Phelan formed a House Select Committee on Community Safety to review all firearms-related legislation. This included red flag laws and raising the age to purchase a modern sporting rifle. While the committee composition was officially seven Republicans and six Democrats, the Republican chair had been a Democrat until just recently.

With this as a background, Randy Kozuch, Executive Director of NRA-ILA and Chairman of the NRA-PVF, endorsed Dade Phelan and rated him A+.

This brought pushback from a number of conservatives including Dana Loesch who served as a special assistant to Wayne at one time. She said of Phelan that he “was an obstacle while fighting red flag laws, and dragged out our fight to win Constitutional carry.” Others are saying they are dropping their NRA membership or looking for alternatives.

One must wonder who pushed Randy Kozuch to give an A+ rating to Phelan who by most accounts is a RINO and who is marginal on gun rights. Was it the Old Guard on the NRA led by NRA President Charles Cotton who is a Texan? Was it Bill Brewer who saw an ally in a RINO politician who was barely so-so on gun rights? If Brewer, was it with knowledge that it would anger true Second Amendment supporters in Texas?

Giving Phelan the A+ rating and endorsement obviously angered his arch-enemies Ken Paxton and Sen. Drew Springer as the next day they endorsed Wade Callender for EVP. This move by Paxton and Springer is definitely a call for new blood to lead the NRA and a repudiation of the Old Guard.

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The State’s Opening Arguments In NRA Trial (Updated)

January 9, 2024 by 7 Comments

I am not in New York City for the NRA trial. Given the law in New York forbids any audio-visual broadcast of trials, I will have to rely on reports from the mainstream media and other observers such as Jim Shepherd of the Outdoor Wires.

Monica Connell, Assistant Attorney General of New York, is the lead attorney for the NY Charities Bureau in this case. Her opening statement was made today in court which reportedly lasted for more than an hour.

From the Gothamist which is a news feed from WNYC – New York Public Radio on the opening statement:

Assistant Attorney General Monica Connell said in the state’s opening arguments that executives at the NRA violated both state laws and internal policies by spending excessive amounts of money and then covering up their expenditures. She said the organization’s leaders also “breached the trust” of the donors who “took money out of their pocket” to advance the NRA’s cause.

“They should be able to trust that their hard-earned money they donated will not be used for luxury travel,” Connell said.

Connell’s opening statement detailed some of the steep price tags the NRA’s executives charged to the organization in recent years, including millions of dollars on private flights. She also told jurors about the safeguards that are supposed to prevent nonprofits in New York from mismanaging funds. The assistant attorney general argued the NRA’s leaders worked to undermine those safeguards by lying, retaliating against whistleblowers and hiring high-ranking employees who would be more loyal to corrupt executives than to the mission of the organization.

They also reported that Wayne LaPierre watched on from the gallery which was filled with attorneys, observers, and reporters.

Photo of Wayne arriving at the courthouse – by Brendan McDermid/Reuters

The Guardian has more of Connell’s opening statement to the jury.

“The NRA allowed Wayne LaPierre and his group of insiders … to operate the NRA as ‘Wayne’s World’ for decades,” Connell told a six-member jury that was sworn in earlier in the day, referencing the 1992 comedy movie starring Mike Myers and Dana Carvey.

“Wayne LaPierre and his friends effectively suppressed the voice of anyone who challenged his leadership.

“This case is about corruption in a charity. It’s about breaches of trust, it’s about power. People take their hard-earned money and donate it to charities they believe in. It doesn’t matter what the cause is. They should be able to trust that the hard-earned money they donate is going to advance the mission of that charity.”

Earlier today, the jury was seated. It consists of six jurors and six alternates. All 12 will be in the courtroom for the trial but only six will actually deliberate the charges. Moreover, under NY civil law and practice, a verdict can be delivered if five out of six agree on the verdict. It need not be unanimous.

UPDATE: Jim Shepherd of the Outdoor Wires was in the courtroom yesterday. He gives his impression of the start of the trial here.

From the firing of Lt. Col. Oliver North as NRA President at the now-infamous 2019 Annual Meetings in Indianapolis, to the harassment and retaliation charges of former NRA Board Members Esther Schneider and Phillip Journey, LaPierre was characterized as a man who broached no threats to his authority.

He was also characterized as a man who used the system to his advantage.

With a rudimentary knowledge of accounting and how the NRA’s internal structure operates, specifically in regards to the distinct lines between the National Rifle Association and the NRA-ILA (Institute for Legislative Action), I was confused by the details and accounting practices outlined by the prosecution. One can only imagine the confusion it caused jurors.

But the case appeared effective in one respect: despite occasionally digging deeply into details, it always wound its way back to a pair of key names: Wayne LaPierre and Woody Phillips. Throughout their joint tenure, the NRA coffers were allegedly used as “private piggy banks” for the duo, their chosen subordinates and enabling Board Members.

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Anti-Gunners Don’t Understand

January 6, 2024 by 8 Comments

If you read the comments from the anti-gun forces yesterday on the resignation of Wayne LaPierre, you would have thought it was all their doing. Moreover, they think this portends a shift in attitudes towards gun control such that gun owners will now joyfully join with the prohibitionists to urge passage of nonsensical gun control laws.

The tweet below and the response is the reality.

I’ve long said to the Complementary Spouse that the gun prohibitionists are not going to like what they get if they destroy the NRA. The successor organizations such as GOA, SAF, and FPC will be much less likely to want to compromise on the Second Amendment. Now is the time for the NRA to get its act together, reform the Board, and become the meaningful organization in terms of both training and 2A advocacy that it can be.

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From The NRA On X

January 5, 2024 by 5 Comments

Click on “show more” to get the full release posted on X or what used to be called Twitter by the NRA on Wayne’s resignation and the elevation of PR flack Andrew Arulanandam to interim CEO.

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Wayne LaPierre Resigns!

January 5, 2024 by 2 Comments

Just minutes ago it was announced that Wayne LaPierre would resign as Executive VP and CEO of the National Rifle Association effective January 31st. According to a report in the Wall Street Journal, health is the cited reason for his resignation.

Fox News has this from the released statement:

“With pride in all that we have accomplished, I am announcing my resignation from the NRA,” LaPierre said in the NRA’s press release, which was exclusively obtained by Fox News Digital. “I’ve been a card-carrying member of this organization for most of my adult life, and I will never stop supporting the NRA and its fight to defend Second Amendment freedom. My passion for our cause burns as deeply as ever.”

The report goes on to say that Andrew Arulanandam will serve as interim CEO and EVP of the NRA. As was told to me a month ago, Arulandandam was considered an “acolyte” of Bill Brewer which does not bode well for the NRA.

LaPierre had this to say about Arulanandam as his successor according to Fox:

What makes the NRA unlike any other advocacy organization is the depth and experience of its professional team, the unwavering support of its members, and its fighting spirit. I have enormous confidence in our board of directors, executive leadership team, and my long-time colleague Andrew Arulanandam. Andrew knows every facet of this organization and has stood shoulder-to-shoulder with me in every arena imaginable. Andrew knows how to help the NRA win – he’s been one of the key authors of our playbook for decades,”

There had been some speculation about the called Board of Directors meeting being held in Dallas today. One was whether they were going to declare bankruptcy again. While that is still in the cards given their financial issues, it is obvious that having Wayne resign on the eve of the trial “for health reasons” is part of the legal strategy going forward. I have heard that many on the Board were surprised by Wayne’s resignation. However, I am told that when Wayne took the microphone last night at the Chairman’s cocktail party, it was pretty much a goodbye speech.

A former director speculated to me that they thought this was a move to get a settlement with a wrist slap and the Board “will continue stupid”. Unfortunately, he may be correct.

As this is a developing story, I am sure I will have more later.

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Judge To NRA’s Attorneys – Knock It Off!

December 28, 2023 by 5 Comments

I think Judge Joel Cohen is getting a little bit aggravated by NRA’s attorneys attempts to delay the trial before it starts.

The attorneys for the NRA, primarily Noah Peters, are trying to argue that the term “properly administered” is unconstitutionally vague. The term is used in New York’s Estates, Powers
and Trusts Law (“EPTL”) § 8-1.4(m) which provides the basis for the First Cause of Action against the NRA in the NY Attorney General’s amended complaint. In my layman’s opinion, properly administered means you don’t buy suits for Wayne, pay for hair and makeup for Susan, or take free trips from major vendors.

Reading the letters to the judge from both the NYAG and Peters, it appears that this motion to dismiss the First Cause of Action is the fourth such attempt. New York wants to respond to this motion 30 days after the jury delivers a verdict while Peters and the NRA want it ASAP. Both of these letters were sent yesterday.

You may remember that on the Friday before Christmas Judge Cohen had given the NRA a lump of coal when he told them to stop screwing around. He told them then that they could have made this motion months earlier and that he didn’t anticipate delaying trial preparation to give it any attention. Nonetheless, attorneys for the NRA as shown above have continued on their quest to delay.

Today, Judge Cohen issued another notice with regard to the aforementioned letters that the briefing and hearing schedule on the NRA’s motion is stayed until further notice.

From the Court Notice:

The Court has reviewed the NRA and OAG letters regarding the briefing schedule for the NRA’s recently filed motion to dismiss (NYSCEF 2569, 2570). The NRA’s concerns about the timing for briefing this belated and procedurally questionable motion ring hollow, as it is a circumstance entirely of its own making. The Court remains far more concerned about the motion interfering with the trial rather than the other way around. Until further order of the Court, the briefing and hearing schedule on this motion is stayed. The Court will discuss the schedule with the parties during a break in jury selection the week of January 2, 2024.

As I said, I’m just a mere layman when it comes to the law. However, when a judge calls your motion “procedurally questionable” and that your concerns “ring hollow”, he is telling you to knock it off. To continually ignore his plainly given signals as the NRA’s attorneys have done is both arrogant and stupid. This case is finally coming to trial almost 3 1/2 years after it began and Judge Cohen is not going to let anything that could have been done months ago delay it further. Bill Brewer and his group of lawyers need to recognize that and move on.

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NY Courts Give NRA Two Lumps Of Coal

December 24, 2023 by 2 Comments

The first lump of coal comes from the Appellate Division, First Division. As NRA In Danger reported, the Appellate Division affirmed Judge Joel Cohen’s ruling in which he refused the dismiss the New York AG’s first cause of action in their complaint.

The court said in an unanimous decison:

Plaintiff alleged in detail that the NRA failed to properly administer charitable assets, resulting in improper administration and diminution of property held for charitable purposes; engaged in waste and diversion of charitable assets; and retaliated against whistleblowers. These allegations are sufficient to state a claim under EPTL 8-1.4, which enhances New York Attorney General’s enforcement powers and authorizes it to institute proceedings against trustees who fail to properly administer charitable assets.

As NRA In Danger notes, the court considered the remaining arguments posed by the NRA and found them “unavailing”.

The NRA’s motion from August 15, 2022 is here while Judge Cohen’s denial of the motion to dismiss is here.

The second lump of coal comes from Judge Cohen in a Court Notice issued on December 22nd. The notice states that Judge Cohen has reviewed letters from the NRA with a proposed motion to dismiss the First Cause of Action on the grounds that the statue is “unconstitutionally vague”. He notes that while the AG’s office argues such a motion is procedurally barred, he disagrees given the Commercial Division Rules. He then throws a bone to the NRA’s attorney by saying motions that represent their client’s best interests are not limited. Judge Cohen then lowers the boom.

In any event, given that the parties have undertaken the effort, the Court will provide the following comments. The NRA has had multiple opportunities to present dispositive motions, and each has been dealt with at great length and with extraordinary expenditure of time and effort by the parties and the Court. The newly proposed motion (which would be, at least, the eighty-sixth motion filed in this case) is not based on new facts or a change in the law, and the NRAs arguments clearly could have been asserted in one of its earlier (timely) motions to dismiss or for summary judgment, but was not. Instead, it is being proposed on the eve of trial, with the attendant distraction and potential for delay at a critical period for the parties and the Court as we all prepare for trial. The Court believes this is precisely the type of motion the single motion rule was designed to prohibit. Moreover, the Court is not persuaded that the proposed motion is a challenge to the Courts subject matter jurisdiction, which as the NRA notes is typically an argument that the Court can (and should) consider at any time. All that said, as noted above, the NRA does not need the Courts permission to file its proposed motion. However, the Court does not anticipate interrupting trial preparation or the trial itself (thereby extending the service time of jurors) to devote substantive attention to a motion that could have been brought months or years ago.

I think Judge Cohen’s legal response could be translated to say what Mom’s everywhere have told kids forever- just because you can doesn’t mean you should. A Dad’s response might be more to the point – quit fucking around and get to work.