NRA

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NRA Wants Jury Trial In NYC

January 9, 2023 by 1 Comment

Initially, it was only the New York Office of Attorney General that was asking for a jury trial in the lawsuit against the NRA and the four defendants. However, that was a demand for jury trial on only some issues. Even though it was only on some issues, finding a jury in Manhattan that would sympathetic to a case against the NRA shouldn’t be too hard.

Today, the blog NRA In Danger reports that in response the NRA along with Wayne LaPierre and John Frazer have demanded a jury trial on all issues.

From the Demand for Trial by Jury filed by Svetlana Eisenberg on behalf of the NRA:

Therefore, the National Rifle Association of America (the “NRA”) hereby demands a trial by jury of all issues triable of right by a jury, including, but not limited to, issues of fact related to each element of (i) Plaintiff’s claims; and (ii) the NRA’s defenses. The NRA asserts this demand pursuant to, inter alia, (i) Section 2 of Article I of the Constitution of the State of New York; (ii) Section 18 of Article VI of the Constitution of the State of New York; (iii) Section 112(b)(1) of Not-For-Profit Corporation Law; and (iv) article 41 of Civil Practice Law and Rules (the “CPLR”) (including Sections 4101 and 4102 of the CPLR).

WTF?!

I have to agree 100% with NRA In Danger when they wrote:

This is insanity, we can find no other word for it, and our attorney friends agree. The judge seems actually to be impartial and concerned with doing the right thing. Why would NRA and LaPierre demand to be tried instead by a Manhattan jury? If we searched, could we find a worse group to try NRA?

I can think of no rationale reason for the NRA to demand a jury trial. The only person who benefits is Bill Brewer as he runs up the billings. Did the NRA Board of Directors even have any input into this? Or is it still the Special Litigation Committee making the decisions?

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The Frenkel Report

December 2, 2022 by 4 Comments

From what I can gather, the Frenkel Report was a confidential document prepared by an outside attorney for the NRA in approximately 2003. The attorney’s name was Jacob Frenkel. His specialty is conducting internal investigations and providing white collar criminal defense. The report in question concerned expenditures by Wayne LaPierre for travel as well as multi-million dollar payments to favored vendors. This report was provided to the Audit Committee and then laid dormant until recently.

The blog NRA In Danger has done great work in bringing out the testimony and legal wrangling over disclosure of this report. The NRA wants the document kept sealed contending that it is covered by attorney-client privilege while the New York AG’s office and the Special Master disagree.

Judge Joel Cohen agrees with the Special Master and the NYAG regarding the sealing of the document.

From NRA In Danger:

The ruling was that the NRA attorneys screwed up and waived the argument by not raising it earlier. “The NRA’s piecemeal approach to raising objections to producing this document is inefficient. and inappropriate. All objections to production should have been raised and litigated in connection with the prior motion. Those that were not argued are waived. The fact that the NRA purported to reserve the right to assert additional objections at a later date does not make it so.”

The court adds that the objection would have lost anyway. Attorney-client privilege is lost if the client shares the document with non-attorneys, and NRA shared it with its accountants. “In any event, even if the privilege objection is considered timely, it is unavailing. The Report was, by design, shared with a third party, namely PricewaterhouseCoopers. Any privilege that otherwise might have attached to this document was waived.”

Again, Brewer, Attorneys and Counselors, have lost in court and the NRA has racked up even more legal bills.

More on the Frenkel Report can be found here and here. As NRA In Danger notes, whatever is in that 19 year report must be “really hot”. If I had to speculate and this is all it is, the report must be enough to at least bring criminal charges against Wayne along with potential liability to both the current President and 2nd VP of the NRA who have served on the Audit Committee.

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Adam Kraut Joins SAF As Executive Director

October 26, 2022 by

I have known Adam Kraut for a few years now. I supported him in his runs for the NRA Board of Directors even though Marion Hammer considered him “the enemy within”. I think one of the smartest moves he made in the past was opting not to fill out a term on the NRA Board of Directors in lieu of becoming the FPC’s Director of Legal Strategy which later became the VP for Programs. He left the Firearms Policy Coalition in August to be a sole practitioner.

On Monday, it was announced that Adam would be the new Executive Director of the Second Amendment Foundation. He will be doing that full time.

From the announcement:

Kraut brings almost a decade of experience in the Second Amendment realm as a litigator and educator. Throughout his career, Kraut has represented individuals, companies, and institutional plaintiffs in state and federal litigation and regulatory matters.

In addition to his legal background, Kraut draws management experience from his time in the non-profit world, where he was responsible for overseeing the programmatic functions of a liberty-based non-profit, which concentrated on Second Amendment issues. He also managed a federal firearms licensee. Kraut comes with a variety of media experience, having written for publications such as Recoil magazine, Recoil Web, and other online publications, writing and hosting a YouTube series, hosting and appearing as guest on multiple podcasts, and appearing on television.

Alan Gottlieb, SAF’s founder and Executive VP, had this to say on the appointment:

“We’re delighted to have Adam coming aboard at a time when our legal activities are greatly expanding,” said SAF founder and Executive Vice President Alan M. Gottlieb. “He brings a wealth of experience to the position, at a critical time when we are challenging an array of restrictive gun control laws that clearly have restrained peaceable, law-abiding citizens while accomplishing nothing in the effort to reduce violent crime.

“Adam has been a SAF Life Member since 2013,” Gottlieb added. “He has a keen understanding of our mission, our history and our effort to win firearms freedom, one lawsuit at a time. We are proud to bring him aboard to fill an important role as we ramp up our fight to restore and expand the Second Amendment as the cornerstone of our Constitution.”

In accepting the position, Adam acknowledged the legacy of the Second Amendment Foundation and said he looked forward to continuing developing more cases to bring to the Supreme Court “to ensure the right to keep and bear arms is restored to its original meaning.”

I think this is a great selection. While not said out loud, I think Alan Gottlieb is looking to build a succession plan for SAF. Contrast that with Wayne LaPierre and the NRA where any thoughts of a succession plan are quickly stomped out. Healthy organizations look to succession; unhealthy organizations actively resist it.

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Personnel Changes At NRA

October 4, 2022 by 4 Comments

The blog NRA In Danger is reporting that Millie Hallow and Tyler Schropp have left the NRA.

Mrs. Hallow was the Managing Director of Executive Operations. Her primary function seems to have been as the gatekeeper for Wayne LaPierre as willing to lie for him when needed. I should note that Mrs. Hallow is a prohibited person insomuch as she is a convicted felon. I reported on that in 2019 when it came to light she had been convicted of embezzlement while serving as the Executive Director of the DC Commission on Arts and Humanities.

I have had confirmation from another source that Mrs. Hallow is out. There is no word on whether she received a golden parachute or was required to sign a non-disclosure agreement. Additionally, it is not known if she left willingly or was pushed out the door.

Tyler Schropp served as the Executive Director for Advancement. I have not received confirmation from a second source that he has left the NRA. If and when I do, I will update this post.

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2023 NRA Board Nominations Released

August 31, 2022 by 1 Comment

The list of people nominated by the Nominations Committee for the 2023 Board of Directors election has been released. Comparing the list below to the candidates who ran in 2020, you find 21 of the 2023 nominees are repeats. A couple more – James Chapman and Isaac Demerest – are board members elected in subsequent years.

It goes without saying that Frank Tait was not nominated. He has indicated he will not be running by petition this time. Also not nominated were Judge Phil Journey and Graham Hill. Given that Journey has been treated as a persona non grata since the bankruptcy filing, his not being re-nominated is not a surprise. It is surprising that Graham Hill who finished 8th in 2020 was not re-nominated as he had served on the board for 15 years and had been an Executive Committee member in the past. One rumor that I heard is that the NRA’s outside counsel didn’t want any attorneys on the board other than NRA President Charles Cotton.

Included as new nominees are Rick Ector and Amanda Suffecool who have done great work at the grass roots level. With the exception of Charles Beers III, I don’t know anything about the rest.

As to Beers, he was the person who offered the resolution at the Meeting of Members that declared “profound support for the past, present, and future leadership of its Executive Vice President Wayne LaPierre.” If you read the review of the Annual Meeting in either the American Rifleman or Shooting Illustrated (page 57 in both), that is the only mention of the Meeting of Members. Call me a cynic, but it seems that if you suck up to Wayne big time and publicly then you will get your reward. That really is kind of pathetic.

As of now, I know of no one who plans to run as a petition candidate. If I do hear of anyone, I will post on it.

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Prof. Yamane Reviews Books On The NRA

August 12, 2022 by 4 Comments

Professor David Yamane just reviewed four books about the NRA. This was on his YouTube channel entitled “Light Over Heat with Professor David Yamane.”

Of the four books that he reviewed, I was only familiar with and have read Tim Mak’s Misfire. I personally found it a good book pointing out the controversies surrounding Wayne LaPierre.

David’s reviews takes on two persistent myths about the NRA. First that they only became political after the Cincinnati Revolt of 1977. Second that they are the most powerful lobby in Washington.

The other three books are Firepower: How the NRA Turned Gun Owners into a Political Force by political scientist Matthew J. Lacombe; Gun Crusaders: The NRA’s Culture War by sociologist Scott Melzer; and The NRA: The Unauthorized History by journalist Frank Smyth.

(You can also find links to each of the books on David’s blog page here.)

After listening to his review of all four books, I think Lacombe’s Firepower will be my next book to read on the NRA. He also has a number of academic articles out on the gun culture and the NRA according to Google Scholar. As a one-time grad student in political science, this has peaked piqued my interest.

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Wit Davis Resigns As NRA Board Attorney

July 15, 2022 by 3 Comments

Wit Davis who replaced Steve Hart in 2019 as the counsel to the NRA Board of Directors has resigned. The announcement was made in an email to the Board this evening. NRA President Charles Cotton announced it and he had NRA Secretary John Frazer email his announcement to the Board.

To My Fellow Board Members:

I am writing to inform you that Wit Davis has resigned his position with the NRA.  I am sure he would want you to know he noted that “it has been an honor to serve this remarkable organization” and that he is available to help the transition to a new attorney.

The plan is for the Association to hire an attorney who will serve through the conclusion of the NYAG case and, if necessary, thereafter until a permanent replacement is found.  We do not want to rush into hiring counsel to provide advice to the Board. Therefore, an interim solution will allow us to conduct a more comprehensive search.

Please join me in wishing Wit the best.

Charles L. Cotton

There can be many explanations for Mr. Davis’ resignation. It could have been that he was forced out by Bill Brewer, Alternatively, it could have been they just didn’t have the money to continue to pay him. Another alternative and one any sane person in his position should have concluded was that life is too short to deal with this crap anymore. I’m sure whatever the reason we will find out more in the coming days.

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Marion Hammer Retires As Lobbyist (Updated)

June 16, 2022 by 3 Comments

Marion Hammer is retiring from her role as a lobbyist for the NRA in Florida. I presume that means she is also stepping down as Executive Director of the United Sportsmen of Florida. She has held this position for 44 years.

But don’t cry for Marion yet.

From the Tampa Bay Times:

Marion Hammer, who became a nationally recognized institution of gun politics in Florida, is retiring after four decades working as a state lobbyist for the National Rifle Association.

Instead, Hammer will serve as an adviser to the NRA, focused on gun advocacy beyond just Florida, according to a Thursday statement from the NRA.

For her service as an “adviser to the NRA”, Marion received $270,000 in 2021. This is according the Report of the Secretary given out at the 2022 Meeting of Members in Houston on May 28th. The payment was classified as “consulting expenses”. The minutes from the NRA’s 2021 Annual Meeting held in Charlotte, NC said this was for “issues affecting the NRA in jurisdictions other than Florida.”

It is my understanding that Marion has a 10-year contract with the NRA for “consulting services”.

Regarding his chief defender and enforcer, Wayne LaPierre had this to say.

“Marion Hammer’s name has become synonymous with the Second Amendment and with the NRA,” said Wayne LaPierre, executive vice president and CEO of the NRA. “She is a dynamic and legendary advocate who has led the way with many laws that started in Florida and then served as a blueprint across the country.”

I will grant you that Marion had some big successes including stand your ground and shall-issue carry permits. She has also had some major failures.

Again, from the Tampa Bay Times:

Following the Parkland shooting that killed 17, the Legislature and then-Gov. Rick Scott moved a bill that raised the minimum age for gun purchases, banned bump stocks and instilled a waiting period for gun purchase, provisions Hammer opposed.

I might also note that open carry is illegal in Florida with limited exceptions.

If I come across as a little cynical regarding Marion Hammer, it is because I am. She has opposed all moves to reform the NRA, she refers to reformers as “the enemy within”, and her chief job lately seems to be as the enforcer cracking the whip to keep most of the NRA Board in line with Wayne’s wishes. I see continuing payments to her as a payoff for protecting Wayne from being ousted in the 1990s and for continuing those efforts throughout the years.

UPDATE: Attached below is the release that the NRA sent out announcing Marion’s retirement as a lobbyist.

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Son Of Spies Advocates Dirty Tactics

June 7, 2022 by 1 Comment

Michael Bane calls it chumming for monsters. If you throw enough “blood” in the water eventually a monster will rise to the top. That is what Professor Michael Meeropol is doing in a commentary broadcast on NPR-affiliate WAMC Northeast Public Radio.

I propose that every member of the NRA board and every anti-gun safety member of the United States Senate no longer have the luxury of politeness. If I lived in Washington, I hope I would have the courage to stand up in the US Senate gallery and yell murderer every time a Republican got up to speak. I’d be happy to be arrested and try to get the jury to nullify my conviction.

I believe NRA board members should be subjected to personal attacks. I am not recommending violence but certainly active civil disobedience and nuisance activities that might land oneself in jail are definitely called for. I think it would be great if these folks had red paint thrown on their front stoop, door, driveway, lawn. One does not have to resort to violence to make people uncomfortable.

No more NICE from our side. ENOUGH IS ENOUGH!

While Meeropol says he doesn’t recommend violence (wink, wink), he is a well-educated person and knows eventually that someone will do just that.

If the name Meeropol doesn’t bring up any connections in your mind, his birth surname might. Rosenberg. Yes, that is correct, he is the elder son of convicted Soviet spies Ethel and Julius Rosenberg. They were convicted and executed for passing on top-secret information nuclear weapons and other military hardware to the NKVD. When the KGB archives were opened after the end of the Soviet Union, documents showed that Julius was guilty of espionage while Ethel had been an accessory as well as a recruiter of others.

The tactics that Meeropol advocates are more akin to what one would expect from Mao’s Red Guard than the KGB. As a self-described radical political economist, I don’t think that matters too much to Professor Meeropol.

I would call on WAMC, NPR, and all supporters of Northeast Public Radio to repudiate Meeropol’s editorial in the strongest possible terms. If they don’t, then they are complicit in chumming for monsters and the blood will be on their hands as much as on Meeropol’s.

H/T Roy H.

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Meeting of Members – Resolutions, Part IV

June 6, 2022 by

The final two resolutions were submitted by Jeff Knox.

The first of these resolutions was ruled out of order by Charles Cotton. He said after consultation with the parliamentarian that under Robert’s Rules of Order you could not have a resolution condemning someone after another resolution praising him had been adopted. Whether this is true or not, I don’t know since I’m not an expert of Robert’s Rules of Order. Even if I was, I’m sure Cotton would have found a way not to consider the resolution.

Jeff’s resolution is as follows:

After this motion was quashed, Jeff rose and requested that his next resolution be withdrawn. Cotton seemed to be a bit confused by that but it was done.

Then Jeff made a motion to adjourn because spending any more time of this travesty would have been wasted time.

The whole meeting was orchestrated from beginning to end. The only purpose seemed to check off a box, confirm that Wayne is the NRA, that the members really don’t count for squat, and quash any dissent. Board members are told to speak against resolution that challenges the status quo and for a resolution like the “we love Wayne” one. One board member confirmed to me that he slipped out early just to avoid being asked (or told) to do that.