NRA Files Second Lawsuit Against Ackerman McQueen (Updated)

The National Rifle Association filed a second lawsuit against Ackerman McQueen yesterday in Alexandria (VA) Circuit Court. The lawsuit accuses Ack-Mac of leaking sensitive documents to the press, of trying to engineer an executive coup, and of seeking to tarnish the reputation and public image of the NRA and its senior executives. The lawsuit seeks $40 million in damages.

According to the Wall Street Journal which was one of the new organizations that had stories on the leaked documents:

The Wall Street Journal was among the media outlets to which the NRA accused Ackerman of “directly or indirectly” leaking confidential information.

The Journal published an article earlier this month about Ackerman McQueen letters sent to the NRA related to Mr. LaPierre’s more than $500,000 in alleged wardrobe and travel expenses. The letters had been posted anonymously on the internet.

A spokesman for Dow Jones & Co. declined to comment. Dow Jones is owned by News Corp, publisher of The Wall Street Journal.

In a statement, Ackerman called the new lawsuit “another reckless attempt to scapegoat Ackerman McQueen for the NRA’s own breakdown in governance, compliance and leadership.”

The Daily Beast was the first outlet with the story yesterday afternoon. From their report:

“Over the past year, even as it withheld important documents and information from the NRA, AMc [Ackerman McQueen] readily shared snippets of confidential and proprietary materials with hostile third parties, including the news media–in a series of sordid, out-of-context ‘leaks’ engineered by AMc to harm its client,” the complaint reads.


An Ackerman McQueen spokesperson defended the firm.


“It is a sad day for NRA members that their leadership is more focused on attacking partners than fighting for freedom,” the spokesperson said in a statement. “Once again the National Rifle Association leadership’s new lawsuit is another reckless attempt to scapegoat Ackerman McQueen for the NRA’s own breakdown in governance, compliance and leadership. We have done our job to protect the brand for decades and have continued to do so despite shameless and inaccurate attacks on our integrity and our personnel by a leadership group that is desperate to make this a story about anything other than their own failures.”

The story in the Daily Beast goes on to say that the lawsuit said that Ollie North was working as “an employee” of Ackerman McQueen when he said Wayne LaPierre should resign or damaging information would be released.

While I don’t have a copy of the actual complaint yet and thus don’t know who is the attorney of record, this second lawsuit comports with the advice typically given by the NRA’s outside legal counsel William Brewer III.

With regard to Brewer, the Daily Beast reported:

As of press time, the advertising firm has not entered court filings rebutting the NRA’s allegations. As the NRA’s legal fights metastasize, so do its legal bills. Leaked documents authenticated by The Daily Beast indicate that the NRA’s outside lawyer, Bill Brewer, has charged the gun group more than $24 million since signing on with them last year. That number came in a letter North wrote raising concerns about the NRA’s leadership. Outside legal ethics experts who reviewed North’s letter told The Daily Beast it raised serious concerns, and that the bills were “off the charts.”


Charles Cotton, who heads the audit committee of the NRA board, has said North’s claims are incorrect and that the NRA is pleased with Brewer’s work.


“Importantly, the relationship has been viewed, vetted, and approved,” he said in a statement.

Cotton is now the 1st Vice President and the presumptive choice to move into the presidency after Carolyn Meadows. Friends who are active in the gun rights movement in Texas note that Cotton was “anti-open carry and anti-liberty” though they did note Cotton did lash out at the current Speaker of the Texas House who is even worse at the beginning of the current session.

While I will say a pox on both their houses – I’m no fan of either Wayne or Ack-Mac – I see this as a counter-attack to muddy the waters even more. It is also a waste of money and diverts legal attention from the critical battle which is coming. The battle will not be with Ack-Mac, the battle will be with NY Attorney General Letitia James and the NY Charities Bureau to stave off dissolution of the NRA itself. I see that battle as the legal equivalent of the Battle of Stalingrad. The lax oversight of Ack-Mac and Wayne by the board when combined with the lavish salaries and extravagant spending have only served to provide our blood enemies ammunition with which to attack us.

UPDATE:  I was able to get a copy of the complaint and you can read the whole thing here.

Ack-Mac Letter Regarding LaPierre Expenses

Over and above Wayne LaPierre’s spending on his wardrobe are expenses he billed to Ackerman-McQueen for travel, food, and apartment rental for an intern according to a letter they sent to him on April 22nd. These expenses have become the basis for stories in the Wall Street Journal, The Hill, and many other publications.

From the Wall Street Journal:

National Rifle Association Chief Executive Wayne LaPierre billed the group’s ad agency $39,000 for one day of shopping at a Beverly Hills clothing boutique, $18,300 for a car and driver in Europe and had the agency cover $13,800 in rent for a summer intern, according to newly revealed NRA internal documents.

The documents, posted anonymously on the internet, provide new details of the clothing, travel and other expenses totaling more than $542,000 that Ackerman McQueen Inc. alleges Mr. LaPierre billed to it.

The travel expenses allegedly include more than $200,000 in “Air Transportation” costs during a one-month period in late 2012 and early 2013, in part related to a two-week trip over Christmas to the Bahamas by Mr. LaPierre.

The additional details behind the ad agency’s claims comes as Mr. LaPierre faces internal scrutiny at the NRA over his expenses amid an extraordinary falling-out between the NRA and Ackerman McQueen.

Carolyn Meadows, the new NRA President, in a statement to the WSJ said:

The NRA released a statement from Carolyn Meadows, its new president, who said the “entire board is fully aware of these issues. We have full confidence in Wayne LaPierre.” She added that “it is troubling and pathetic that some people would resort to leaking information to advance their agendas.”

I sure hope Mrs. Meadows is using the royal we to refer to herself when she says “we have full confidence in Wayne LaPierre” because I would hope that some board members – and I know there are some who don’t have full confidence in Wayne.

These photos of the letters seem to have been taken of a letter that was printed in landscape mode which explains why pages 3 and 5 only contain one line of data.

There has been much speculation about then-intern Megan Allen and why her apartment expenses were covered in part or full for three months.  I’m not going to get into these but I suggest you check out her LinkedIn page for her current position with the NRA and her work and educational background. Given the controversy, I’d do that sooner than later.  As to the apartment complex, The Ridgewood II by Windsor apartments are located in Fairfax.

Ack-Mac Letter Regarding Clothing Purchases

Suing Ackerman-McQueen might have been a smokescreen as some have said to cover the fiduciary lapses of NRA executives and board members but it seems to have become a bonfire. We are now finding out that Wayne LaPierre was quite the clothes horse. Given his preference for navy blue suits and white shirts, you have to wonder just how many he needed.

As I facetiously said on Facebook, for that amount of money, Wayne could have flown to Hong Kong, stayed in a first-class hotel, gotten measured, and come home with quite a few custom suits that looked like that they actually fit him for a heckuva lot less money. Indeed, he could have even been measured by many Hong Kong custom tailors here in the United States as his measurements changed over time.

Ollie North’s Letter Read At NRA Meeting Of Members

By now, everyone should know that Ollie North is out as president of the National Rifle Association. I think it came down to a power struggle between Col. North and Wayne LaPierre over the direction of the NRA. Given the glaringly obvious support that LaPierre holds on the Board, North lost this struggle.

The most obvious indication of this was at the Meeting of Members on Saturday morning, April 27th, when the meeting convened and there was no Ollie. After the people on the stage were introduced, then-First VP Richard Childress addressed the meeting and read the following letter from Col. North.

If I remember correctly, LaPierre just sat in his seat on the stage and shook his head a couple of times like he was disgusted. Later, after being glowingly introduced by now-President Carolyn Meadows, he went on to give his typical stump speech which ignored all the financial improprieties and the role of the outside counsel. Since it was apparent that most of the people attending the meeting get 100% of their knowledge of LaPierre from reading his columns in the NRA magazines, he got a standing ovation.

There are a number of other letters that have been posted to the Internet in the last couple of days regarding the NRA’s issues. They are now the basis for yesterday’s article in the Wall Street Journal and other places and I will be posting them. They are all photos of the actual letters. I will post them with little commentary and let you make up your own mind what to make of them.

A Heavy Artillery Salvo Has Been Fired On The NRA

Much of what has been said by politicians about the NRA and everything negative that has appeared recently in the media of any sort should be considered the equivalent of sniping. It might take out one or two people but not the whole organization. That was then.

The office of New York Attorney General Letitia James (D-NY) has now fired what I would consider the preparatory barrage in the effort to dissolve the NRA. As someone noted to me, James is under pressure to act and she did on Friday.

From NPR reporting on the NRA Annual Meeting:

Even as the NRA struggled to handle its internal divisions, an external threat emerged this weekend in the form of a new investigation by New York Attorney General Letitia James.

“The Office of New York State Attorney General Letitia James has launched an investigation related to the National Rifle Association (NRA),” a spokesperson for the attorney general told NPR. “As part of this investigation, the Attorney General has issued subpoenas. We will not have further comment at this time.”

The NRA has received a document preservation notice in connection with the investigation being undertaken by the New York attorney general, according to a source familiar with the matter.

The NRA responded to the announcement of the investigation by pledging its cooperation.

“The NRA will fully cooperate with any inquiry into its finances,” said William A. Brewer III, an outside lawyer for the NRA. “The NRA is prepared for this, and has full confidence in its accounting practices and commitment to good governance.”

 This is serious.

It is even more serious because as evidenced by the NRA Meeting of the Members today too many people think just ignoring it will make it go away. The matter is NOT going away.

Compounding this is the NRA’s outside counsel who has a checkered past in terms of legal ethics. He was sanctioned in Texas and his appeal of it was upheld by the Texas Appeals Court last year.

If the NRA is going to use an outside counsel, I might suggest getting the very best – and cleanest – New York non-profit law specialist and let him or her handle it. However, given Brewer’s apparent hold on the attention of certain NRA executives, I doubt this will happen.

Letter To The NRA Board Drafted By Tiffany Johnson

Tiffany Johnson, attorney, firearms instructor, and legal studies instructor, has drafted a letter to the NRA Board of Directors regarding a resolution that was discussed in the Meeting of the Members Saturday. The resolution calling for the resignation of Wayne LaPierre and the members of the Audit Committee was referred to the Board of Directors after much discussion and quite a bit of contention.

Tiffany has made a modest proposal that allows the matter to be discussed within the confines of the Board of Directors yet removes the appearance of impropriety and conflicts of interest. The key paragraph states:

I have a humble suggestion to help avoid public airing of private business while also quelling further cries of impropriety.
When the Board addresses this resolution, I request that any Board member, officer, or staff member who has a personal, financial, or fiduciary interest in, or fidelity to, Ackerman McQueen (or its subsidiary and affiliate companies) — as an employee, contractor, paid consultant, vendor, client, etc. — be required to recuse himself/herself from discussing or voting on this resolution.
That way, regardless of how the Board ultimately disposes of the resolution, at least the result will be less vulnerable to accusations of ethically dubious entanglements.

This is a sensible suggestion.

You can read the full letter at this link.

If you would like to sign on to this letter – and I have already done so – please email tiffany@frontsightpress.com with your name and membership type (Annual, Life, Endowment Life, etc.) Don’t wait to sign on to the letter as it needs to be delivered ASAP and the Board itself will meet on Monday.

Is The NRA Making A Grand Trade Or Merely Punting?

Bump fire stocks have come under increased scrutiny since the mass casualty even in Las Vegas where it appears the killer used them in his violent rampage. There have been bills introduced as well as increasing calls for them to be banned. They were originally approved by BATFE during the Obama Administration when it was concluded that they did not convert a semi-auto firearm into a full-auto firearm.

This afternoon the NRA released a joint statement from Wayne LaPierre and Chris Cox which called upon BATFE to re-review bump fire stocks and to subject them to additional regulations.

(FAIRFAX, VA) – The National Rifle Association today issued the following statement:

“In the aftermath of the evil and senseless attack in Las Vegas, the American people are looking for answers as to how future tragedies can be prevented. Unfortunately, the first response from some politicians has been to call for more gun control. Banning guns from law-abiding Americans based on the criminal act of a madman will do nothing to prevent future attacks. This is a fact that has been proven time and again in countries across the world. In Las Vegas, reports indicate that certain devices were used to modify the firearms involved. Despite the fact that the Obama administration approved the sale of bump fire stocks on at least two occasions, the National Rifle Association is calling on the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to immediately review whether these devices comply with federal law. The NRA believes that devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations. In an increasingly dangerous world, the NRA remains focused on our mission: strengthening Americans’ Second Amendment freedom to defend themselves, their families and their communities. To that end, on behalf of our five million members across the country, we urge Congress to pass National Right-to-Carry reciprocity, which will allow law-abiding Americans to defend themselves and their families from acts of violence.”

This statement leads to the question of the day: is the NRA trading a bump fire stock ban for national right-to-carry reciprocity or are they merely punting in the face of opposition to them from even some in the GOP who had been supportive of gun rights?

The NRA has always engaged in realpolitik in recent years. This may be a case of appearing to be willing to deal on the regulation of one gun-related item in exchange for loosening another. If so, they are trading a novelty item for something rather substantial. My only fear is that they could get out-maneuvered by trying to placate the gun prohibitionists on this one item.

I don’t care about bump fire stocks. I’m never going to buy one or put one on my AR.  However, if bump fire stocks are banned now what is to say that other gun parts such as adjustable stocks or standard capacity magazines won’t be banned later. If you open the door to the ban on one thing, don’t you open the door to the ban of anything firearm related?

UPDATE: Chris Cox of the NRA-ILA went on Fox’s Tucker Carlson Tonight to explain the NRA’s position and to call for national carry reciprocity. I’ll let you make the call whether it is a good idea or not.

Wayne LaPierre On Trump’s Win

The NRA released this video yesterday. Wayne LaPierre congratulates the 5 million men and women members of the NRA and outlines some of the things they intend to push President-elect Trump to sign once he is in office.

Here is the transcript of the video:

Transcript

On November 8, you—the 5 million men and women of the National Rifle Association of America, along with the tens of millions of gun owners all over this country who followed your lead—achieved a truly extraordinary, historic, even heroic, accomplishment. In northern Florida and Pennsylvania, throughout Ohio, Wisconsin and Michigan, in small towns and communities all across America, you were the special forces that swung this election and sent Donald Trump and Mike Pence to the White House.


You did this. Don’t let anybody else tell you otherwise.


In the wake of this historic event, the same disgraced group of so-called experts, talking heads, pundits and pollsters that got everything wrong before the election are trying to deceive you once again. So let me remove all doubt: gun owners made this election happen. Hillary Clinton made her hatred for the Second Amendment a central issue of this campaign and as a result of that fatal mistake, she’s on permanent political vacation.


Your determination to defend individual freedom, joined with the other issues at the very heart of this race, ensured that only one candidate could receive the approval of the American people: Donald Trump.


The disgraceful media attempted to manipulate your emotions. They tried to suppress your enthusiasm, your speech, your vote. But you would not be distracted from the core freedom that was truly at stake—and for that, you deserve the gratitude of the entire nation. You proved the founders right: that the ultimate check and balance in this country is the American people.


I joined this quest to restore Second Amendment freedom almost 40 years ago. Many of you were there with me. Together, we have restored, expanded and protected the Second Amendment to the United States Constitution—and are prepared to pass it forward to the generations of Americans who will take up this cause.


Our victory in this election is a monumental step toward securing the future of this freedom. Soon, President Trump will nominate a constitutionally sound justice to replace Antonin Scalia on the Supreme Court. Make no mistake: that will be a generational victory for Second Amendment freedom—and you made it happen.


But we must also face the reality that still confronts us. For eight straight years, Barack Obama flooded the appellate courts and the federal judiciary with judges who truly despise Second Amendment freedom. More than 300 Obama-appointed anti-gun judges represent an infection for which there is no cure, other than time and vigilance. They will pose a threat to our gun rights for decades to come.


We also face a growing group of anti-Second Amendment elitist billionaires, led by George Soros and Michael Bloomberg. By pouring hundreds of millions of dollars into state and local elections, they have succeeded in confusing many voters into believing clever labeling like “universal background checks” and so-called “common sense” schemes will make a difference in the safety and security of our communities.


The truth is, the anti-gun billionaires have only one goal: the absolute eradication of the Second Amendment freedom for the average American citizen. Not for their security forces, their families and themselves. But for you: the everyday American who stormed the polls in an act of ultimate defiance of the elites. They will continue to enjoy the support of an openly dishonest media that truly hates your right to speak, your right to worship and your right to vote. And most of all, your right to keep and bear arms.


In the face of the bitter hatred and elitist condemnation, this is our historic moment to go on offense and defeat the forces that have aligned against our freedom once and for all. The individual right to carry a firearm in defense of our lives and our families does not, and should not, end at any state line. I call on Congress and the president-elect to pass National Right-to-Carry Reciprocity as quickly as it can be written and signed.


And it is time, once and for all, to end the absolute fallacy of gun-free zones. Not one more American serviceman or woman should be murdered on a military base because the government denied their right to defend themselves with a firearm. We revere the men and women in uniform who defend our freedom, and their rights must be restored immediately.


I also call for protections that stop the tyrannical erosion of gun rights in states and cities where corrupt leaders use their political power to abuse the rights of American citizens. I’m talking about a deceitful web of gun bans, ammo bans, magazine bans, exorbitant fees and taxes, and registration schemes—all designed to undermine the meaning of the Second Amendment and the Supreme Court decisions that uphold it.


The Court’s Heller decision recognized the right of Washington, D.C. citizens to own a firearm in their home for personal protection. But eight years later, it is still almost impossible to legally buy a firearm in that city. If the anti-gun forces can get away with sanctuary city-type exclusions where they unilaterally defy the rights of American citizens, then your Second Amendment protections only exists if your local government recognizes them. It must be illegal for corrupt, bureaucratic elites to deny law-abiding Americans their full measure of Second Amendment freedom.


These goals and more are now possible because of the historic work that you have done. It is only because of your sacrifices that we have this unique opportunity to defend the one freedom that protects all the others: our Second Amendment. But before we can say that it has been secured and is intact for us to pass on to the next generation, we must face these very real challenges with the strength, courage and purpose you have proven to possess.


Our time is now. We must approach the coming fights with the same urgency and determined action that ended the political future of Hillary Rodham Clinton. That’s why I need you to renew your membership, upgrade your membership, join this organization and be part of the hard work and the victories that are yet to come. You have proven to be ready for the challenge.

Wayne LaPierre | An Urgent Message to the NRA’s 5 Million Members

In this video message to the NRA’s 5 million members, Wayne LaPierre reflects on the last eight years of the Obama Administration’s impact on gun rights and speculates on what a President Hillary Clinton might do. From my own perspective, I’ve always thought Hillary was more politically astute than Barack Obama and has more ties throughout the Democrat Party to get her will imposed.

As I’ve said before, #NeverTrump =  #NeverGuns. Donald Trump might be a loudmouth asshole but he’s our asshole.