John Frazer

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We Made It By Petition

October 18, 2024 by 1 Comment

I received notification on Tuesday that I qualified for the 2025 NRA Board of Elections ballot by petition. It was thanks to you that I made it.

Richardson Petition Notification LetterDownload

According to an affidavit filed with the New York court on Wednesday by NRA Secretary John Frazer:

. As of the execution of this affidavit, 14 candidates have qualified for the 2025 ballot by submitting the required number of valid signatures as of the October 8 deadline. (Two of those candidates were also nominated by the Nominating Committee.) Three additional potential candidates submitted petitions, but
did not submit enough valid signatures as of the deadline to qualify.

First, I have no idea who the second candidate to be double nominated is. If anyone knows, please put it in the comments. Second, as of now, thanks to storm-related delays, neither Paul Babaz nor Charles Brown qualified. It is my understanding that each had enough signatures but did not make the October 8th deadline thanks to Hurricanes Helene and Milton. Judge Cohen may have other ideas about whether they will be on the ballot or not. The New York Attorney General’s Office amended proposal is requesting an extension to November 15th for those petition candidates who are residents of North Carolina or Florida. Unfortunately, that will not help either Paul or Charlie as they reside in Georgia and Ohio respectively.

One question that comes up is why I bothered to seek to run by petition when I was already on the ballot thanks to the Nominating Committee. My answer is quite simple. While I appreciated the nomination by the Nominating Committee surprising as it was, being nominated by petition reflects the will of hundreds of rank and file NRA voting members who took the time and effort to sign and mail my petition. To me, that is a great honor which also comes with great responsibility if elected. I will endeavor to be worthy of that support.

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Holy Crap!

July 31, 2024 by 4 Comments

The transcript from Monday’s hearing in the New York trial of the NRA has been posted online thanks to the Firearms Coalition. It contains a lot more detail than what has been reported in the media or in tweets online. NRA In Danger took notice of this and goes into some detail about the ruling. They also pointed out that their blog was mentioned in the questioning of John Frazer.

I started reading the transcript at that point. Frazer was being questioned by Stephen Thompson of the Attorney General’s Office. Then I saw this at p. 2210:

Q Would you agree with me that there was public reporting or public commenting on your removal as general counsel on May 21st?
A Yes, apparently. I haven’t seen this post before.
Q And then are you familiar with the blog “Only Guns and Money”?
A I am.
Q And do you know if “Only Guns and Money” reported on your removal as general counsel?
A I recall that they did, yes.
MR. THOMPSON: Can we bring up, Jesse, PX-8047.
Q I’ll represent to you, Mr. Frazer, that this is an article from only “No Lawyers Only Guns and Money” that was posted on May 21st, 2024. And do you know whether or not this article — Or have you seen this article before, Mr. Frazer?
A I have.
Q And do you know if this article reported on your removal as general counsel?
A It did.

Thompson then moved to introduce the report from my blog as well as that from NRA In Danger into evidence. Frazer’s attorney William Fleming objected and Judge Cohen sustained the objection concluding it was “hearsay”.

Holy crap! I’m shocked and amazed that my reporting on NRA affairs actually was discussed in the trial. I have been told that my blog was being read by some within the NRA and even perhaps was being noticed by the Attorney General’s Office.

That being said, I’ve always seen my blog as being a modest effort that allows me to engage in what David Codrea calls “citizen journalism.” I do it for enjoyment and, to be honest, sometimes a sense of obligation to bring out things that need it. The blog probably also serves as a safety valve allowing me to vent and not drive the Complementary Spouse totally nuts with my ranting and raving. I just don’t consider myself a big deal so when I see something I wrote being brought up in court like this I am blown away.

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What Do You Mean, You Don’t Know

July 19, 2024 by 2 Comments

John Frazer served as NRA General Counsel from January 2015 until May 21st of this year. That is when Doug Hamlin separated the positions of General Counsel and Secretary and appointed Michael Blaz as the new General Counsel. Frazer retained his position as Secretary.

Frazer was on the stand today in the remedial phase of the New York Attorney General’s lawsuit. He was asked about how much money the NRA had paid Brewer, Attorneys and Counselors, since 2018. Additionally, he was asked how much the NRA had paid for the defense of Wayne LaPierre and himself.

As reported by Erik Uebelacker of Courthouse News who has been following the trial:

While I might give Frazer a pass on how much has been paid to Brewer, Attorneys and Counselors, for their work on the NYAG’s case, it is only because the Special Litigation Committee was formed to make decisions on that case – and only that case – due to Frazer and Wayne being named defendants. However, William Brewer and his firm have done plenty of other legal work for the NRA ranging from the multiple lawsuits against AckMac to the Vullo case that went before the Supreme Court. Brewer’s firm even handled the lawsuit against former NRA President Oliver North which is currently on hold pending the outcome of the NYAG’s case.

He certainly ought to have an idea how many billable hours have been spent on his defense by William Fleming of Gage Spencer and Fleming LLP. How hard is it to multiply hours billed times a per hour fee? Moreover, to say he has no idea how much has been paid to Brewer is ludicrous. He might not know the exact figure but he certainly has to know a ballpark figure.

If he doesn’t, then what was he doing as General Counsel all these years? Unless I’m greatly mistaken, doesn’t the Office of General Counsel have to approve bills submitted for NRA legal work before it is passed on to the Accounting Department for payment?

Frazer was never a grifter like Wayne. I will give him that. However, I do expect a certain level of responsibility from an officer of an organization when he is being paid a substantial 6-figure salary. That responsibility includes making sure the members’ dues spent on outside lawyers is well spent. It is impossible to do this if, as Frazer testified, he didn’t know how much was being spent on his defense, on Wayne’s defense, and on the myriad of legal issues being handled by Brewer, Attorneys and Counselors.

To all those who have insisted that membership and revenues are down because Tish James initiated a lawsuit against the NRA, think again. It is down because members, both Life and annual, have had the blinders pulled off their eyes and don’t want to waste their hard earned cash on an organization that seems intent on just pissing it away. Can you blame them when the former General Counsel says he has no idea how much has been spent on legal expenses?

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The NRA, LaPierre, And Frazer Appeal

July 8, 2024 by 6 Comments

Attorneys for the NRA, Wayne LaPierre, and John Frazer all filed appeals in People of New York v. National Rifle Association of America et al on Friday. They are appealing Judge Cohen’s decision and “order on motion” in which he denies their motions to set aside the jury’s verdict and enter a judgment for them as a matter of law. Frazer’s motion was to only set aside part of the jury’s verdict but that was also denied. Attorneys for Wilson “Woody” Phillips had filed a similar motion to set aside the verdict but are not appealing. As noted earlier, it appears he has settled with the New York Attorney General’s Office.

The appeals will go to the Appellate Division of the Supreme Court of the State of New York, First
Judicial Department. That same court has denied all previous appeals made by any of the defendants and have upheld all of Judge Cohen’s rulings in this case. The Appellate Division is the intermediate appellate level in New York State with the Court of Appeals being akin to Supreme Courts in other states.

Noah Peters of Brewer, Attorneys and Counselors, is arguing on behalf of the NRA. His argument centers around whether there enough evidence to find that the NRA payments for Susan LaPierre’s hair and makeup, to David Keene, and to Woody Phillips were anything other than “de minimis”. He goes on to question whether people like Phil Journey, Craig Spray, Rocky Marshall, Ollie North, and others should really be considered “whistleblowers”. Finally, he questions whether the jury had sufficient cause under New York’s Executive Law to find the NRA submitted false filings.

The attorney for Wayne, Kent Correll, is arguing that the Attorney General lacked the “power, authority, capacity or standing to seek or procure a judgment” under New York law to seek monetary damages against an officer of a not-for-profit, to seek the removal of such officer, and to bar the re-election of a person who is no longer employed by the non-for-profit. He also attacks the sufficiency of the evidence against Wayne.

John Frazer’s appeal argues that since the jury did not find grounds for either monetary damages or removal from office, it erred in finding he failed in his fiduciary responsibilities. Moreover, since no claim of false statements were made against the NRA’s accountants, they should not have found he knowingly signed off on a false filing.

Given the past history of appeals in this trial, I really don’t seeing any of these defendants winning their appeals. Moreover, with the exception of Frazer who is essentially fighting to stay employed, I think the other appeals are going through the motions because a) they will generate more billable hours and b) for the public relations aspect of it. Wayne is fighting to say he really wasn’t a grifter and the NRA is trying to assert that the jury should never have agreed with the Attorney General because, you know, she hates us and wants us gone.

Vendetta or no vendetta, the attorneys for New York had a strong case against the NRA and the individual defendants. Josh Powell and Woody Phillips have realized it and settled. That the NRA has not settled like that did with the Attorney General for the District of Columbia is a shame. I think what they will get now in terms of punishment is going to be worse than if they had settled. The only winners are the attorneys who will rake in even more fees that are being paid out of members’ dues or, at least, that is the case for sure with regard to the NRA. Who is paying the fees for Wayne and Frazer and whether it will ultimately be the NRA is up in the air.

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Change Has Come Quickly In Fairfax

May 21, 2024 by 1 Comment

Doug Hamlin was elected CEO and EVP of the NRA only yesterday but has hit the road running. Today, he announced that the positions of secretary and general counsel would be separated. As a result, John Frazer is no longer the General Counsel of the NRA. However, he will remain in the position of Secretary for which the Board elected him yesterday.

The new General Counsel is Michael Blaz. He graduated from the University of Notre Dame Law School in 1989. Blaz did his undergraduate work at Auburn University where he was a member of Phi Eta Sigma honor society. According to Martindale-Hubbell, Blaz is licensed to practice law in Virginia (1989) and the District of Columbia (1991).

Here is Hamlin’s announcement of the separation of the two positions and the appointment of Blaz as General Counsel.

Blaz had been the Assistant General Counsel before his promotion to General Counsel. I would also point out that Blaz has significantly more legal experience than Frazer who was only admitted to the bar in 2014.

The optics of a general counsel being found guilty of breach of fiduciary duties made it untenable to keep Frazer in that position. Hamlin has demonstrated he is working quickly to clean up the mess he was left at the NRA.

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Ronnie Barrett For EVP?

May 20, 2024 by 3 Comments

I just got a copy of the Nominating Committee report. In addition to Bob Barr for President, Tom King and Blaine Wade are nominated as 1st and 2nd VP respectively. As rumored, David Coy was sacrificed.

The big surprise is Ronnie Barrett for EVP. I am sure the argument will be that he has the requisite business experience to run a large organization such as the NRA thanks to his history as CEO of Barrett Firearms Manufacturing. Now that he has sold that company to the Australians, he is free to take on other challenges. Not being in the room, we don’t know if he is being pitched as a temporary fix for the next couple of years or not. He is 70 years old so that might be the case. My objection to Barrett would revolve around him being a “Friend of Wayne” and it gives the anti’s more ammunition to accuse the NRA of just being a tool of the firearms industry. If the NRA was going to take a former CEO of a firearms company as the EVP, I think Mike Fifer of Ruger would have been a better choice.

I would also note that not one single reformer is nominated for the Executive Committee. It the Old Guard or the Cabal in its composition. I am a bit surprised that Marion Hammer was nominated for it as she had broken with the Cabal. Also, I see Joel Friedman who couldn’t even win the 76th Director position but only made it back to the Board by the resignation of Carl Rowan, Jr. is given a seat on it.

In other nominations, both John Frazer and Sonya Rowling keep their jobs with Bill Brewer’s guy Robert Mensinger joining as the Chief Compliance Officer. Seems like a good enough pick but he is tainted by association with Bill Brewer. As to Frazer, I perceive him as a nice – but weak – guy who is in over his head. In no other non-profit or corporation would the General Counsel still have the job after a jury found him guilty of violating his fiduciary duties and submitting false filings to a governmental agency. Rowling is, like Frazer, someone who in the end who will do what they are told. Witness the cutting of a check to Brewer’s law firm this weekend even though it devastates the NRA’s finances.

Here is the full report. Make your own decisions about it. In my opinion, it is a big FU to those who want change, those who want transparency, and those who think the members actually count.

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“We were never told…”

April 25, 2024 by 7 Comments

Al Hammond III has been a member of the NRA Board of Directors since he was elected to it in 2022. Before running for the Board, he had been the Southern Regional Director, Field Operations Division, for the NRA. Hammond has also been affiliated with the Unified Sportsmen of Florida which was headed until 2022 by Marion Hammer.

I received an email from multiple sources that Hammond sent to fellow Board members yesterday. It expressed his concern about the NRA’s future and the information shared with the Board regarding the outcome of the recent jury trial in New York.

From: Al HammondIII <alhammond3@gmail.com> Date: April 24, 2024 at 1:43:14 PM EDT To: Al HammondIII <alhammond3@gmail.com>

Subject: NRA Court Final Documents

I wanted to share excerpts of the summaries from both the bankruptcy trial and the jury trial in NY. I am deeply concerned about our future and the involvement of the lead council in the governance of the day to day operations of the NRA. NRA Secretary John Frazer still could face disciplinary action and or dismissial by the judge based on the findings as well. Please read both these documents. We were never told about all of these conclusions and the subsequent consequences if we don’t make a course correction.

Al Hammond

NRA BOD Member

I have only seen one of the attachments. However, it is my understanding that the first attachment was from the court and the second (see below) concerned the bench trial that begins on July 15th. Neither document says who created them.

While the jury did find cause for removal for both Wayne LaPierre and Wilson (Woody) Phillips, they did not find cause for removal for NRA Secretary and General Counsel. They did however find that he had breached his fiduciary duties and had made false filings on behalf of the NRA. While it is my own opinion that much of Frazer’s actions stemmed from a lack of spine and willingness to say no to Wayne and his grifting cohort, virtually every other well-run organization would have already terminated him by now. Having a general counsel found guilty of a breach of fiduciary duty and making false filings is just beyond the Pale.

Hammond’s email and the attachment lead me to conclude two things. First, all together too many Board members were willing to believe the sugar-coated spin put on the outcome of the jury trial by Bill Brewer, Charles Cotton, and the Cabal. This correlates perfectly with their long-time behavior of willful ignorance and unwavering trust in “well, Wayne told me…” Second, many Board members have not done their own research. They have not read the thousands of pages of court filings nor read the many analyses of the jury’s findings. They should not have to be spoon fed information to understand the good, the bad, and the ugly of what lies ahead for the NRA if changes are not made.

I could go on and on about what changes need to be made and who needs to go starting at the top. However, it is a beautiful Spring afternoon and I wanted to enjoy it.

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NRA Trial – It Is Now In The Hands Of The Jury

February 16, 2024 by 2 Comments

The trial began on January 8th with the attorneys for the New York Attorney General’s Office making their case against the NRA, Wayne LaPierre, Woody Phillips, and John Frazer for breaches of the Estates Powers & Trust Law, breaches of fiduciary duties under the Not-for-Profit Corporation Law, related party transactions, violation of New York’s whistleblower law, and false filings. Josh Powell had earlier entered into a plea agreement in which he pleaded guilty and agreed to pay $100,000 in restitution. The state’s case was concluded on February 5th and then the attorneys for the NRA and the individual defendants began to make their cases for acquittal. Finally, today both sides gave their closing arguments and the jury will begin deliberation tomorrow.

In the interim, Wayne LaPierre’s reign over the NRA ended on January 31st. He announced his resignation on January 5th. One thing I did notice almost immediately after LaPierre’s announcement is that the attorneys from Brewer, Attorneys and Counselors, went from “keeping Wayne out of jail” to saying it was “all Wayne’s fault”. They have argued that Wayne, Woody, and company kept the NRA Board of Directors in the dark and, as such, the NRA can’t be held responsible for their actions.

The New York Attorney General’s Office’s Second Amended Complaint listed 15 causes of action against the NRA and the individual defendants. At the conclusion of the state’s case, attorneys for the NRA asking for a directed verdict saying, in effect, the Attorney General’s Office had not proved their case. Likewise, attorneys for the individual defendants argued that they were not liable under some of the causes of action. This past Monday, February 13th, Judge Cohen ruled on these motions. He rejected the NRA’s argument that the 1st Cause of Action – Breach of the Estates Powers & Trustees Law be dismissed over “vagueness”. He dismiss similar causes of action (6, 7, and 8) against the individual defendants holding that they could not be classified as “trustees” under the EPTL. With the exception of the related party transaction involving LaPierre which he dismissed today, all the other charges against the individual defendants remain.

One thing that has been often overlooked is that the victims in this case are those of us that are members of the NRA. Beyond paying for the private planes, suits, and trips for LaPierre, it has been our dues and contributions that have been used to pay the legal bills for both the NRA and the individual defendants. While I can’t speak for Woody Phillips, I am sure that both LaPierre and Frazer will submit bills to the NRA for their legal expenses to be reimbursed under the Directors and Officers insurance policy. This would be over and above what is being spent with Brewer, Attorneys and Counselors where it takes approximately the dues from 22 annual members to pay for one hour of legal representation.

I will cover the closing arguments in a separate post in order to keep this post from being too long.

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Quote Of The Day

February 2, 2024 by

While I have been following the NRA’s trial in New York, I have been holding off writing about it until the New York Attorney General’s Office has rested their case. Based upon what I have read, that appears to be this coming Monday, February 5th. There is a lot there and I want to make sense of it all before tendering my complete opinion.

That said, the quote of the day comes from Stephen Gutowski of The Reload. It involves the testimony of NRA Secretary and General Counsel John Frazer.

Stephen wrote:

In it, the NRA’s top lawyer defended his integrity. When asked if LaPierre had breached his trust when he failed to disclose his now-admitted use of NRA funds for personal expenses, Frazer said he wouldn’t characterize it that way.

“I think Mr. LaPierre has always been very open and honest with me in terms of communications that we would have and then trying to rectify the issues,” he said.

But, when asked if LaPierre breached the trust of NRA members, he took an agonized pause before responding.

“I’d have to say probably yes,” Frazer testified.

LaPierre walked slowly out of the courtroom–and the NRA–on that note.

While I am glad that Mr. Frazer is finally recognizing that Wayne LaPierre breached the trust of the NRA members, it is sad that Frazer is only now coming out and saying it. His fiduciary duty which included a duty of loyalty was to the organization which means the members and not to Wayne LaPierre. He is not alone in that breach of fiduciary duty. There are many members of the Board of Directors who likewise breached their duty in their loyalty to Wayne instead of the members. Whether it was due to ignorance or a willful choice, it really doesn’t matter.

The victim in this trial has never been the state of New York. It has always been the members of the NRA who paid their dues and donated what they could to the organization because they believed in the mission. In return, they were used as the personal piggy banks to support the avaricious lifestyles of the Millies, the Waynes, the Susans, and those of their ilk.

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NRA Still Wants A Jury Trial In Manhattan

July 31, 2023 by 2 Comments

Judge Joel Cohen ordered all the defendants and the New York AG’s Office to give a response on the matter of how the trial should be held. That is, should it be a jury trial or not? The responses from both sides were received this past Friday (July 28th).

Surprisingly, the NRA is sticking to their demands for a jury trial. I am in agreement with NRA In Danger that this is insane. A jury trial for the NRA in Manhattan is the equivalent of a jury trial for Donald Trump in DC meaning a totally unbiased jury pool is virtually impossible to find.

According to the response embedded below, the NRA is asking that a jury trial be held to determine the facts on all the causes of action against the NRA. These would include improper administration of assets, waste, and fiduciary failures. They are claiming they are entitled to this by right. Then, after the jury has determined the facts, the NRA says they would be amenable to having Judge Cohen determine equitable relief. In other words, they want a bifurcated trial with the jury portion coming first.

This is also the position of the attorneys for Wayne LaPierre, Woody Phillips, and John Frazer.

The Attorney General’s Office agrees in part and disagrees in part with the call for a jury trial. Whereas the defendants are saying all the facts should be determined by a jury trial, the Attorney General agrees that should be only for causes of action 2 to 5 and 10 to 14. They contend on the first cause of action as well as causes of action 6 through 9 that they are not triable by a jury under New York law. They present a chart breaking this down found here in the appendix starting on page 9. So in one sense, all involved agree that a bifurcated trial – part by judge and part by jury – is called for. The difference is that the defendants want a jury trial to determine the facts in all the causes of action.

You will notice that the discussion above omits Josh Powell. That is because the attorneys for Powell filed a motion on July 13th to withdraw as counsel. Akin Gump Strauss Hauer & Feld LLP has represented Powell since the beginning of the proceedings. Powell in a separate filing gave his consent to this. A few days later Akin Gump filed motions to keep parts of the reasons for withdrawal under seal or non-public. Judge Cohen has temporarily put these under seal until a hearing can be held on August 7th.

On July 25th, the AG’s office filed a response to Akin Gump Strauss Hauer & Feld LLP’s withdrawal as counsel for Josh Powell. They took no position on Akin Gump’s withdrawal, insisted that Powell get a new attorney sooner than later, and that Judge Cohen should deny the motion to keep keep the reasons for withdrawal under seal. They assert that Akin Gump has not met it burden for sealing their submissions.

Reading closely, the reason Akin Gump and Powell are going separate ways is financial. The AG’s response said, “Powell’s Defense Counsel moved to be relieved, citing Powell’s inability to pay its legal fees.” Now that is interesting.

They also say that Powell should have only 14 days to retain a new attorney given how close the case is to going to trial. If he cannot, they say Powell should act as his own attorney or pro se in legal terms.

So to conclude, the NRA et all insist on a jury trial on all facts, the AG says only on some parts, and Josh Powell seems to have run out of money to pay his legal bills.