The NRA Needs Its Own Independence Day

The National Rifle Association filed their own challenge to the BATFE pistol brace ban yesterday. This was after their attempt to intervene in SAF et al v. BATFE was denied as not timely among other reasons.

The NRA has and has had many excellent Second Amendment attorneys at their disposal. These include scholars such as Stephen Halbrook and David Kopel, appellate attorneys such as Paul Clement and Erin Murphy, and others such as Chuck Michel, David Jensen, and Dan Schmutter. In the past I would have also included the attorneys from Cooper and Kirk but they were considered “disloyal” by Wayne and Company and purged.

So who did they choose to handle their own challenge to the BATFE pistol brace ban? It had to be someone other than the attorney who just lost their motion to intervene, right?

Sadly, they went with William Brewer III again. Instead of going with a strong 2A attorney, they went with the attorney whose primary purpose seems to be to keep Wayne out of jail while getting as rich as possible in the process.

Why I don’t know and no one is saying. Even former 1st VP Willes Lee who has gone from stalwart Friend of Wayne to outspoken critic of the old guard is asking why.

Brewer seems to have the same insidious influence on Wayne and the Board as Rasputin did on Nicholas II and Alexandra. We all know how that ended for the Romanov Dynasty.

The NRA needs to declare its independence from Bill Brewer before he does any more damage to the organization – and the Second Amendment. Unfortunately, as things stand now, I see Brewer riding off into the sunset richer than ever and the NRA in shambles.

NRA’s Attempt To Intervene Denied

The NRA sought to intervene in the Second Amendment Foundation’s case entitled Second Amendment Foundation et al v. BATFE. (corrected case title) This is a case challenging the Biden pistol-brace ban. As with Mock v. Garland, the plaintiffs including all members of the Second Amendment Foundation were covered by the injunction against the enforcement of the pistol-brace ban while the 5th Circuit Court of Appeals is taking up the issue. When the NRA sought to intervene, the Second Amendment Foundation did not oppose this motion but it was opposed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

At this point, I think it is important to note that the brief and motion of the NRA seeking intervenor status in this case was signed by William Brewer III as the attorney of record. At the time the NRA filed to intervene, I found it more than surprising as Brewer has little to no expertise in Second Amendment law.

Today in a 12 page Memorandum Opinion and Order, US District Court Judge Jane Boyle denied the NRA’s motion for intervenor status. The net result is that NRA members are not covered by the injunction against enforcement of the pistol-brace ban.

The Federal Rules of Civil Procedure allow intervention by another party in two ways. One is by right and the second is by permission of the judge if he or she finds it warranted.

An intervention by right must be timely. That is a threshold requirement which must be met. Judge Boyle found the NRA’s motion was not timely. After reviewing some of the history of this case which began long before the pistol-brace ban was even finalized, she concluded:

On those facts alone, it is hard to conclude that the NRA’s Motion to Intervene is timely. But the unusual circumstances of this case further militate against such a finding. Specifically, despite knowing of the Rule and Plaintiffs’ limited injunction request, the NRA only sought to intervene once this Court granted Plaintiffs’ motion for preliminary injunction pending the Fifth Circuit appeal in Mock. To find intervention timely under these circumstances would seemingly incentivize “injunction shopping” among putative intervenors seeking to challenge agency actions.

Judge Boyle goes on to add that the NRA knew of the BATFE’s proposed rule for more than a year before it moved to intervene. She then goes on to say that the interests of the NRA members will be adequately represented by the plaintiffs in this case.

In terms of the case for a permissive intervention, Judge Boyle found the same considerations that prevented intervention by right also applied here. Namely that the NRA’s interests are adequately represented by the existing plaintiffs. She notes that any ruling to the contrary would create a “perverse” precedent for potential intervenors to go case shopping for cases where a preliminary injunction had already been granted. Accordingly, she denied the NRA’s motion to intervene on both by right and by permission.

Given this ruling, the NRA will need to hope for success in their case in North Dakota which they are backing. That case, Firearms Regulatory Accountability Coalition v. Garland, does not seem to have any injunctions issued as of now.

Chalk up this denial as another loss in court by Bill Brewer while representing the NRA and taking as much of the member’s money as possible.

NRA Moves Of Note

Two interesting developments concerning the NRA crossed my desk today. One was expected in the sense that the position had to be filled and the other has me wondering.

First, Randy Kozuch has been appointed to be the Interim Director of the NRA-ILA. The position had to be filled with someone after Jason Ouimet left as the Director of the ILA. There are boards and foundations within the NRA that specify the Director of the ILA must be a member. If I remember correctly, Kozuch was a candidate for the position when Chris Cox resigned. He had served as ILA head of state and local affairs.

According to the press release, Kozuch has been with the NRA for 29 years and had “overseen state lobbying efforts in all 50 state legislatures and served as the primary point of contact between NRA and the nation’s governors and state constitutional officers.” I will leave that statement there as is and refrain from any comments on his effectiveness in North Carolina.

The second development is of far more interest. A “Dear Director” email went out today from former NRA President David Keene. Under the current bylaws (Article V, Sec. 1 (a)), the president of the NRA “may not succeed himself or herself more than once, after being elected to serve a full term.” There is an exception made in the bylaws for the late Charlton Heston who was allowed to succeed himself up to four times.

A resolution is being submitted by Carol Frampton and Joel Friedman that would waive this limitation for current NRA President Charles Cotton and allow him to serve a third one-year term as President. The email from Keene is below:

Dear Fellow NRA Director.

This morning’s mail brought a copy of the resolution submitted by Carol Frampton and Joel Friedman to extend NRA President Charles Cotton’s term for another year. We will be asked to vote on this resolution at the Indianapolis Board meeting and it is my hope that you will join me in supporting it.

As a former NRA President, I can tell you that during challenging times, I know of no one in that job who would want an additional year on the firing line, but sometimes sacrifices are necessary for the good of the association membership and the Second Amendment. As a competent and careful attorney, himself, Charles has been a steady helmsman during the legal battles in which we have been enmeshed during his term. These battles should wind down over the course of the next year and he should be there to serve our interests during this crucial period. He deserves our thanks not just for what he’s accomplished thus far but for his willingness to allow us to ask him to carry on for another year.

David A. Keene

I find this quite interesting. It engenders a lot of questions as to the reasons behind this move. I don’t have any answers to them. Cotton’s term as President would normally end in April at the next Board meeting. At that time, First VP Willes Lee would be the successor to Cotton as President and David Coy would move into Lee’s position. A new Second VP would be selected at that time.

One potential reason, and the most innocent, is that the terms of office were interrupted during the pandemic years of 2020 and 2021. The Annual Meeting happened later in the year which screwed things up a bit.

It could also be that Wayne and Brewer prefer to keep Cotton in the position while the New York proceedings are active. As Brewer plays Rasputin to Wayne’s Czar Nicholas II, this is believable. The shots are being called by Brewer and the Board does what they are told to do by Wayne.

Another alternative is that there is a faction who want to prevent Willes Lee from assuming the position of President of the NRA. His past actions as the leadership’s number two hatchet man (Marion Hammer holds the number one position) are coming back to bite him. I have referred to Lee as the Spiro Agnew of the NRA in the past. While that might be an insult to Agnew, Lee has served that role as Agnew did Nixon.

In the end, if this email is being sent out now, it is a fait accompli or done deal. The overwhelming majority of the Board does what it is told like obedient children. There are only a few members who have rocked the boat and they will be off the Board come the Annual Meeting. The sad thing is I have more faith in NY Assistant AG Monica Connell to represent the members of the NRA than I do in the Board.

UPDATE: Here is a copy of the actual resolution. It is a screen shot.

The resolution has been added to the agenda of the Bylaws and Resolutions Committee.

Is Brewer Getting His Hooks Into NRA-ILA’s Budget?

When Chris Cox was forced out as the Executive Director of NRA-ILA, his Deputy Director and General Counsel David Lehman was out soon thereafter.

Jason Ouimet was appointed to take Cox’s position as head of NRA-ILA. As has been explained to me, he then started to search for a general counsel who would have his back and who would protect the NRA-ILA from Bill Brewer’s depredations. He went outside the Second Amendment world and hired Wade Callender who had served as a trial attorney, a Judge Advocate in the Navy, and for eight years as a general counsel in the software industry.

It appears Wade did his job too well. He protected the NRA-ILA from those outside forces such as Brewer whose goals and aims were inconsistent with the purpose of the organization. Unlike John Frazer at the NRA, he did his job as a good general counsel should therefore he was a threat.

Today a memo went out from Jason Ouimet saying that Wade will be leaving the position effective Labor Day. There was the typical mumbo-jumbo about Wade wanted to seek new opportunities and that he wanted to remain in Texas where he had been working during COVID. Ouimet did say that Wade “improved legal operations, saved millions and his counsel to me as Executive Director has been invaluable.” He is also being credited with shepherding the NYSRPA v. Bruen case through the Supreme Court.

This is bad news for the NRA-ILA. Bill Brewer has had his sights set on the ILA’s Second Amendment budget for a long time. It is another pot of money from which he can get legal fees. Wade stood in his way and now Ouimet has cracked open the door for Brewer.

Not only will the ILA not have a General Counsel who could and would stand up to Brewer but their long-time litigation counsel Chris Conte passed away in 2021. Conte was the one responsible for developing cases which then would work their way up to the appellate level.

As should be self-evident by now, Brewer and his firm are not qualified to handle Second Amendment cases. The few minor 2A cases in which he has been involved have either been dropped or dismissed. To make matters worse, qualified Second Amendment lawyers like Charles Cooper of Cooper & Kirk were purged for “disloyalty” in 2019. I have even heard rumors that Brewer thought he should have been the one to bring the NYSRPA case to the Supreme Court and not Paul Clement. Even the thought of that makes me cringe.

I’m sure we will hear more on this in the coming days as the Annual Meeting approaches at the end of May. When we do, I’ll be reporting it.

NRA Case Positive Spin: NRA

Like New York Attorney General Letitia James, the NRA is also putting a positive spin on Judge Joel Cohen’s ruling yesterday. Indeed, the headline on their release states, “NRA Prevails Over NYAG”.

The NRA’s release includes comments from NRA President Charles Cotton, former NRA President Carolyn Meadows, 1st VP Willes Lee, and, of course, outside counsel William Brewer III. Missing, however, from the comments on the ruling was anything from defendants Wayne LaPierre and John Frazer.

Charles L. Cotton
Charles Cotton – NRA Official Photo

“This is a resounding win for the NRA, its 5 million members, and all who believe in this organization,” says NRA President Charles Cotton. “The message is loud and clear:  the NRA is strong and secure in its mission to protect constitutional freedom.”

The release says the NRA will continue to defend the remaining causes of action brought but that Letitia James can’t shut down the NRA.

While it appears that most of the heavy lifting before the court was done by William Brewer’s partner Svetlana Eisenberg, Brewer is still the one who gets quoted.

William A. Brewer III
William Brewer – Brewer, Attorneys and Counselors bio photo

“We applaud the court’s recognition that dissolution is neither appropriate nor justified,” says William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel to the NRA. “We look forward to continuing the defense of the NRA – and proving that it acts in the best interests of its members and the Second Amendment freedoms in which they believe.”  

I’m sure Mr. Brewer is look forward to continuing the defense of the NRA as legal fees now are reportedly 20% of the NRA’s total budget and it seems his firm is getting the majority of that.

Brewer who probably wrote the NRA’s over the top release goes on to say:

Brewer adds, “Today’s developments underscore the simple truth that since taking office in 2019, the Attorney General has pushed a contrived narrative about the NRA in her attempt to support a dissolution claim that is improper. This is a victory for not only the NRA, but all who believe in the right to free speech and association.”

Other comments came from Carolyn Meadows and Willes Lee:

“I’ve always said that the dissolution case was part of a political vendetta to take down the NRA,” says NRA Past President Carolyn Meadows. “I want to thank NRA members for helping us confront this abuse of power. They deserve an enormous amount of credit.”

NRA First Vice President Willes K. Lee said, “As an NRA member, this decision gives me great pride. It reaffirms an important belief:  the NRA continues to serve as the greatest voice in the fight to protect Second Amendment freedom.”   

The key things to remember about Judge Cohen’s ruling is that the remaining 14 causes of action will go to trial, that included in those are allegations of unjust enrichment and breach of fiduciary duty, and that he took a dim view of the current management of the NRA including that of Wayne LaPierre and John Frazer. Moreover, the ruling still could be appealed by James who has indicated she is pondering her legal options. I do doubt that it will be appealed as it was as much of a win for the Attorney General’s Office as it was for the NRA.

NRA Dissolution Lawsuit Promises To Get More Interesting

In June, Frank Tait and Mario Aguirre filed a motion seeking to intervene on behalf of NRA members in the NRA dissolution case brought by New York Attorney General Letitia James. Their contention, rightly in my opinion, was that no one was adequately representing the approximately five million NRA members.

As you might expect, both the Attorney General and the NRA have objected to this. A hearing is currently scheduled for September 9th to hear arguments relating to this motion.

Last year, I had some discussions with others who were interested in seeing an intervenor motion filed in the dissolution lawsuit. One of the major issues brought up was that there was some doubt that under New York that members themselves would have standing. It was thought that only a sitting director would have standing to intervene in the dissolution lawsuit.

We now know, thanks to a letter filed this afternoon with the court by Taylor Bartlett, attorney for Tait and Aguirre, that this issue will now be off the table. There will be one, if not two, sitting directors joining the motion to intervene on behalf of the members of the NRA.

William Brewer himself, the world’s most brilliant attorney according to some of the lesser minds on the NRA board, wasted no time filing a letter to the judge stating that he found the request for leave by the intervenors to file an amended motion “improper”. He then indicates in so many words that the NRA is prepared to fight this motion.

I have been told confidentially the name of one of the potential directors who will be joining in the motion to intervene. As such, I respect that trust and will hold off on announcing the name until it is announced in the court proceedings.

I would also point you to a post this afternoon by David Codrea concerning this letter to the court by Taylor Barlett for his take on it.

NRA Drops Federal Case Against NY AG

The National Rifle Association voluntarily dismissed its case against NY Attorney General Letitia James in US District Court for the Northern District of New York. This case was filed virtually immediately after James filed for dissolution of the NRA in state court. The suit had accused James of violating the NRA’s First and 14th Amendment rights to free speech.

William Brewer III had this to say in a statement regarding the move to voluntarily dismiss the case.

Dropping the Albany case “will ensure that the NRA’s claims proceed promptly to discovery and a full vindication of its members’ rights,” NRA lawyer William Brewer said in a statement.

It didn’t take long for James to respond with a public statement.

“The NRA dropping its countersuit today in federal court is an implicit admission that their strategy would never prevail. The truth is that Wayne LaPierre and his lieutenants used the NRA as a breeding ground for personal gain and a lavish lifestyle. We were victorious against the organization’s attempt to declare bankruptcy, and our fight for transparency and accountability will continue because no one is above the law.”

Given that Brewer and his firm were the architects of this legal strategy which they are now abandoning, it would be nice if they returned the money spent on legal fees for this case to the NRA.

We all know that will never happen. What it does underscore is how much money the NRA has wasted on legal fees paid to Brewer, Attorneys and Counselors, with nothing to show for it. Whether it was the suit against San Francisco, the bankruptcy case, and now this, the only winner was Brewer.

Four Good Reads On NRA Bankruptcy

Bitter and Sebastian at Shall Not Be Questioned have been part of the gun blogosphere for a long, long time. While not as active as they used to be, they are still astute observers of all things NRA.

Bitter has a wonderful fisking of the NRA’s public response to Judge Hale’s dismissal of their bankruptcy case.

She concluded:

In general, this public response highlights that it’s time for Wayne to go, along with most of the yes men he has put into place. This is an embarrassment to the organization, especially as anyone remotely literate can read what the judge really said.

The blog NRA In Danger also provides a brutal fisking of the NRA’s public statement. They may be the new kids on the block in terms of blogging but whoever is writing the blog has a deep, insider knowledge of how things actually work at the NRA.

When a bankruptcy judge who has been on the bench many years, and “seen them all,” says conduct shocks him, you’re hearing it from an expert.

NRA CEO & EVP Wayne LaPierre said today’s decision – and the ongoing independence of the NRA – empowers the Association’s approximately 5 million members. 

If the suit being dismissed empowers the members, does that mean that winning the suit would have dis-empowered them?

“We will never shrink from the tough and principled stands we take”

I’m getting too nauseous to continue. Hitler in his bunker was less delusional.

We had better enjoy the NRA annual meeting in four months, because it will probably be the last annual meeting. Anyone on, or getting elected to, the board, had best face the fact that they face lifelong dishonor as a member of the board that killed this fine organization. NRA has had men who held the Medal of Honor on its board, but they have been replaced by people who tremble at the thought just of dissenting. Let the leadership go insane and destroy the 150-year-old organization, these directors would rather not grow a spine.

Frank Tait, who I supported in his efforts to win a seat on theBoard and who I will be writing in for election to the Board, looked at the bankruptcy effort from a business perspective. He, after all, has been in managerial positions for many years.

“So why did you file? We can only guess that the lawyers saw the prospect of a wealthy client who wasn’t adverse to paying big fees, and thought of nothing else. Not even the most core ideas: 1. What do we want from the court? 2. is that something the court can legally give us?”

In my 40 years in business, I’ve been involved in multiple legal disputes. There is critical mindset to legal matters. THE LAWYERS WORK FOR YOU, not the other way around. The secondary mindset is risk-reward considerations, or as a former CEO liked to say “is the juice worth the squeeze.” Both of these key mindsets appear absent from the EVP and the Officers of the Board – and the remainder of the board is not asking the tough questions that are their fiduciary obligation.

Finally, Georgetown Law professor Adam Levitin has been following the case from the start. He may not be aware of the inner dynamics of the NRA but he wrote the textbook on bankruptcy law. His verdict on the filing from a legal standpoint is that it was a fool’s errand from the start.

The NRA’s bankruptcy petition was dismissed as filed in bad faith. I’m predicting that the court’s opinion will be in the next edition of every bankruptcy textbook as the case really is a textbook example of bad faith.  The court found that there was substantial evidence in the record that the NRA filed for bankruptcy for the purpose of gaining an advantage in its litigation with the NY Attorney General, namely depriving the NY Attorney General of the remedy of dissolution, rather than for any other purpose.  

He notes he’d be surprised if the NRA appeals or refiles. Moreover, he wonders if the creditors’ attorneys will file a sanctions motion against either the NRA or its attorneys for reimbursement of their litigation costs given the bad faith filing ruling.

Read all four of these blog posts. They all take a different approach but all conclude the whole bankruptcy filing was a fiasco.

The Full NRA Response To Bankruptcy Dismissal

The NRA has put out a much longer and complete response to the dismissal of their Chapter 11 bankruptcy case. A quick read through it shows a few thing. First, they are trying to put a positive spin on what is really not a positive for the NRA. That is to be expected.

Second, they cherry-picked the decision. When they say they have the option to file a new case, they forget to say the judge said any new case would have a trustee. That would mean Wayne and Bill Brewer would be booted. Do you really think Wayne and Brewer would file again when they know they are out?

Third, Wayne and the rest of the “Gang of Four” (as some have called them) all made statements to the effect that the NRA is strong, secure, and they will keep up the good fight. The question is are they fighting to keep their positions or actually fighting to advance the Second Amendment. As many have commented, just think what all the millions wasted on the bankruptcy’s legal fees could have done to advance the fight for the Second Amendment.

Below is the NRA’s full response in its entirety. I haven’t even highlighted the stupid shit.

NRA Moving Forward with Legal and Business Strategy in Response to Dismissal of Bankruptcy Filing 

Court Finds That NRA’s Move to Texas Could Still Be Accomplished Outside Bankruptcy

In response to today’s dismissal of a prior bankruptcy filing, the National Rifle Association of America (“NRA”) announced that it will continue to fight on all fronts in the interests of its mission and its members.   

The New York Attorney General and others had aligned against the NRA in opposition to the NRA’s reorganization plan announced on January 15, 2021. They sought to dismiss the NRA’s bankruptcy filing with prejudice or, in the alternative, appointment of a court-appointed trustee, to take control of the Association’s business and financial affairs. Importantly, a United States Bankruptcy Court in Dallas did not appoint a Trustee or examiner, even as it ruled the Association may not proceed with the chapter 11 case. The court dismissed the bankruptcy filing without prejudice, meaning the NRA does have the option to file a new bankruptcy case. 

During a 12-day hearing that occurred over approximately four weeks, the NRA established that it had adopted new policies and accounting controls, displaced many “insiders” who had allegedly abused the Association, and accepted reparations for costs voluntarily determined to be excess benefits. The hearing proceedings focused on the NRA’s compliance efforts, and the organization’s renewed commitment to good governance. 

In an opinion, dated May 11, 2021, the Hon. Harlin D. Hale, U.S. Bankruptcy Judge, Northern District of Texas, wrote, “In short, the testimony…suggests that the NRA now understands the importance of compliance. Outside of bankruptcy, the NRA can pay its creditors, continue to fulfill its mission, continue to improve its governance and internal controls, contest dissolution in the NYAG Enforcement Action, and pursue the legal steps necessary to leave New York.”

Underscoring the importance of the proceedings, Judge Hale previously said the NYAG motion contesting the NRA’s Chapter 11 filing was “the most important motion I’ve ever heard as a judge.”  

The NRA remains determined to further streamline its legal and business affairs in the best interests of its constituents and members.  

NRA CEO & EVP Wayne LaPierre said today’s decision – and the ongoing independence of the NRA – empowers the Association’s approximately 5 million members. 

“The NRA remains committed to its members and our plan for the future,” says NRA CEO & EVP Wayne LaPierre. “Although we are disappointed in some aspects of the decision, there is no change in the overall direction of our Association, its programs, or its Second Amendment advocacy. Today is ultimately about our members – those who stand courageously with the NRA in defense of constitutional freedom. We remain an independent organization that can chart its own course, even as we remain in New York to confront our adversaries. The NRA will keep fighting, as we’ve done for 150 years.” 

The NRA remains determined to confront NYAG Letitia James in her attempt to dissolve NRA. The NYAG seeks such remedies as part of a lawsuit she filed on August 6, 2020. In summer 2018, then NYAG candidate James called the NRA a “criminal enterprise” and “terrorist organization.” Her subsequent pursuit of the NRA has been characterized by many legal experts and constitutional scholars as a gross weaponization of legal and regulatory power.

“The NRA will continue to defend the interests of the Association in New York,” says William A. Brewer III, counsel to the NRA. “Our client has faith in its leadership, and its demonstrated commitment to good governance.” 

“The record reflects the NRA undertook a ‘course correction’ with respect to its management,” says NRA President Carolyn Meadows. “The Association is strong and secure – once again moving forward above the objections of its adversaries and those who oppose Second Amendment freedoms.”

The NRA can still pursue establishing business operations in Texas, and the organization will continue to explore moving its headquarters there from Virginia. Texas is home to more than 400,000 NRA members. 

The bankruptcy hearing became the nation’s highest -profile legal proceeding of its kind. The virtual proceedings, involving more than 20 witnesses, explored novel issues that define the roles and responsibilities of legal defendants subjected to the threat of dissolution. The NRA has maintained it is financially viable, following its current pathway, in part, to escape a toxic political environment in New York. The NRA was incorporated in New York in 1871. 

The legal proceedings revealed the NRA’s commitment to good governance and efforts to follow the “principled path” with respect to its management practices, board oversight, and member obligations under Mr. LaPierre’s leadership. Mr. LaPierre remains at the helm of the organization, directing political affairs, grassroots activities and other functions essential to the defense of the Second Amendment. 

“The record establishes that NRA members can have great confidence in this institution and its plans for the future,” says NRA First Vice President Charles Cotton. “The Association will work with members, vendors, and other constituents to continue the fight for freedom.” 

“Our NRA is pressing forward with its plans, and remains determined to promote constitutional freedoms,” says NRA Second Vice President Lt. Col. Willes K. Lee, USA (Ret). “We will never shrink from the tough and principled stands we take on behalf of our law-abiding 5 million members.” 

Read Judge Hale’s Order Granting Motions To Dismiss here.

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New NRA Special Meeting Scheduled

A Special Meeting of the NRA Board of Directors has been scheduled for Dallas, TX for March 28th. As the Complementary Spouse pointed out to me, it is exactly 14 days after the previously scheduled meeting and is the length of time that the CDC formerly recommended for quarantine after COVID exposure. While I doubt that was the actual reason for the original cancellation, they are sticking with appearances.

March 18, 2021

                               OFFICIAL NOTICE: SPECIAL MEETING OF THE BOARD OF DIRECTORS

TO: Board of Directors and Executive Council

The NRA President has requested a special meeting of the Board of Directors to take place on Sunday, March 28, 2021, at 10:00 a.m. in Dallas, Texas. The  purpose of the meeting is to provide a legal briefing to the Board regarding the NRA’s plan of reorganization and other pending matters.

The NRA Board of Directors and Executive Council will meet at the Sheraton Dallas Hotel, 400 North Olive Street, Dallas, Texas 75201, (214) 922-8000. The date, time and location of all meetings are on the attached schedule of meetings and meals.

Please notice the change in wording from the first Special Meeting notice:

The sole purpose of the meeting is to provide a briefing to the Board regarding the NRA’s reorganization plan and the legal matters overseen by the Special Litigation Committee, and to take any necessary action directly related to those matters.

Any mention of the Special Litigation Committee is deleted. Moreover, it does not have a mention of “any necessary action.”

Speculation is that an 1129 Reorganization Plan will be presented to the Board. These reorganization plans be presented by the debtor (NRA), the unsecured creditors committee, or a trustee if one is appointed. However, the bankruptcy judge, as I understand it, cannot present a reorganization plan and must only rule on the merits of those presented.

By presenting an 1129 reorganization plan, it is speculated that Brewer, Attorneys and Counselors, will have their fingers all over it and will use it to keep themselves attached to the NRA like barnacles on a rock. A friend pointed out to me today that in the course of proceedings that the bankruptcy judge could not only disallow Brewer to serve as a special counsel but cut off all payments to him given his role in draining the NRA’s finances through legal billings. We can only hope!