AckMac Court Filing Noting Josh Powell’s Administrative Leave

Below is the Memorandum of Law in Support of Defendant’s Motion to Compel Plaintiff to Provide Meaningful and Supplemental Answers to Interrogatories. This was filed on January 23rd by attorneys for Ackerman McQueen in their legal battle with the National Rifle Association. It covers both the first and second lawsuit filed by the NRA against AckMac in City of Alexandria Circuit Court.

This is where we first learned the Wayne LaPierre’s Chief of Staff Josh Powell was on Administrative Leave. As far as I know, it had not been public knowledge before that.

There is a lot of legalese in these pages but a scan through them does give the reader a sense of the battle between the two former allies.

There is also the amusing line of Q&A indicating that Wayne was upset that someone at AckMac told the Wall Street Journal his grandniece had drawn on the walls of The Four Seasons with crayons.

2020.01.22_Ack MTC Rog Responses by jpr9954 on Scribd

Hat Tip – Beth for the document

NRA’s Josh Powell Placed On Administrative Leave (Updated)

Wayne LaPierre’s Chief of Staff Joshua Powell has been placed on administrative leave. This is according to court filings in one of the lawsuits involving the NRA and Ackerman McQueen in Virginia courts.

From the Washington Post:

A top National Rifle Association official has been placed on administrative leave pending an investigation by the nonprofit group’s lawyer, according to a recent court filing, in a sign of ongoing turmoil surrounding the nation’s largest gun group.

The removal of Joshua L. Powell, the NRA’s chief of staff, was referenced in a Jan. 23 filing in Alexandria Circuit Court by the NRA’s former public relations agency, Ackerman McQueen. “Mr. Powell has now been placed ‘on leave’ by the NRA pending an investigation by NRA counsel,” the filing in Virginia says.

According to the story by Beth Reinhard, the NRA has not responded to multiple requests for comment. It is also unknown whether he is on paid or unpaid leave. His last reported compensation was $919,969 according to the 2018 NRA Form 990.

Powell also refused comment. The Post notes that he, ” removed “National Rifle Association Chief of Staff – Senior Strategist” from his Twitter bio this week.”

Powell has had a checkered history at the NRA. He was the one responsible for rushing CarryGuard out before it was ready when he served as Director of General Operations. He has also been named in sexual harassment allegations involving an Ackerman McQueen employee. It was serious enough that AckMac told Wayne LaPierre that they refused to work with Powell anymore.

As to why now and not earlier, that is unknown. Some have speculated he knew too much dirt and the powers that be wanted to keep him close. Powell has had a reputation according to some of looking out for himself above all else. If so, it would not have been unreasonable to suspect that he would cut a deal to save himself if it came to it.

Eventually we may know the full story. As for today, we know he is on administrative leave and that’s that.

UPDATE: Thanks to Rob Pincus, we have a photo of the filing in question. It is a filing by Ackerman McQueen asking the court to force the NRA to provide additional information regarding its interrogatories. As Powell is on administrative leave and “not in good standin”, his prior responses on behalf of the NRA under oath are no longer sufficient.

NRA Statement On AckMac Suit

As I said earlier, the NRA filed an amended complaint in their lawsuit against Ackerman McQueen on Friday. This lawsuit is before the US District Court for the Northern District of Texas.

Official Picture from Brewer, Attorneys & Counselors

Michael Collins, a partner in Brewer, Attorneys & Counselors and the NRA’s attorney in the case, released this statement regarding the amended complaint. It was released, I believe, on Friday.

“The NRA believes Ackerman McQueen breached its fiduciary duties, engaged in fraudulent billing, and failed to maintain adequate books and records – all in an effort to enrich itself at the expense of the NRA and its members, ” says Michael J. Collins, partner at Brewer, Attorneys & Counselors and counsel to the NRA. “The allegations reveal a pattern of corruption that included NRATV, a failed media enterprise the agency proposed, managed and sustained through misleading accounts of viewership and promised commercial viability. In the end, the NRA believes NRATV became all ‘smoke and mirrors’ – a vehicle touted by Ackerman for the sole purpose of continuing the flow of millions of dollars of fees which the agency needed to sustain itself.”

Collins continued, “At the same time, when questions began to arise about Ackerman’s billing practices and whether it was taking advantage of the considerable discretion it possessed in such matters, the agency stonewalled the inquiry and embarked upon a scorched-earth campaign against all of its perceived adversaries. Ultimately, this included the CEO of the Association, executives, and outside professionals charged with obtaining answers to legitimate concerns about the agency’s practices. The NRA and its members are determined to ferret out what now appears to have been a considerable amount of corruption.”

Again, thanks to Stephen Gutowski of the Free Beacon for posting the statement from Michael Collins.

Amanda Suffecool of Eye on the Target Radio made a comment about this case tonight as we were recording the Polite Society Podcast which I thought was insightful. Watching the NRA/Wayne LaPierre and AckMac go after one another is like watching a bitter divorce in action. You have both parents fighting over the marital assets, you have both parents fighting for custody of the kids (the NRA members), and both parents are slinging mud for all they are worth. In the end no one wins and the kids are the victims.

AckMac Goes Nuclear On NRA

The NRA filed suit against Ackerman McQueen and some of their employees in US District Court for the Northern District of Texas at the end of August. Ackerman McQueen responded to the lawsuit on October 1st with a counter-claim and added a third party complaint naming Wayne LaPierre. On Friday, the NRA filed an amended complaint. I will get to each of these in a separate post.

Thanks to Stephen Gutowski of the Free Beacon, we have the press release sent out by AckMac in response to the amended complaint. It takes no prisoners. After saying that Wayne LaPierre defrauded AckMac many times as they declared in their court filing, they go on to say, in part:

LaPierre controlled every aspect of NRATV for which he recruited talent, approved every budget, audited every metric and required ultimate confidentiality. Ackerman McQueen routinely offered and toward the end of the relationship demanded an outside firm audit NRATV performance but LaPierre refused. Unlike the NRA, AMc welcomes full transparency. LaPierre’s apparent paranoia and lust for secrecy fed his justification for private air travel, luxury hotels and countless other expenses for himself, his family and friends that were all paid by member dues.

The membership is being misled. The NRA is pouring tens of millions of non-profit funds into lawyers and lawsuits to cover up the abject failure of executive and board leadership. They continue to contrive allegations that they are not currently proving and will continue to not be able to prove in any legal setting. Instead they grovel at the feet of the media they used to decry, hoping to create some spin for Wayne LaPierre.

The latest NRA legal filing is another cynical attempt to distract from Wayne LaPierre’s documented mismanagement of the organization and the captive board’s complicit behavior. These collective failures are the only reason the NRA faces multiple state attorneys general investigations, a US Senate Finance Committee investigation, calls for the IRS and FBI to investigate, a class-action lawsuit and countless legal disputes filed by the NRA intended to intimidate anyone who opposes LaPierre’s reported misuse of NRA resources.

Damn!

Given that AckMac helped build the image of Wayne LaPierre from the 1990s onwards, I suspect they know more about Wayne than most do or want to know. If we needed any more proof that the symbiotic relationship between Wayne and AckMac is over, we now have it.

Report On The NRA V. Ackerman McQueen Hearing Today

Stephen Gutowski of the Free Beacon attended the court hearing today in Alexandra, Virginia in the case of NRA v. Ackerman McQueen. He reported on the case is a series of tweets on Twitter. The whole thread is here.

However, a couple of things just jumped out at me.

Wait a minute! You mean to tell me that William Brewer III, the probable architect of the entire series of lawsuits against Ackerman McQueen, is a AckMac client. What the hell!

I’m guessing those family ties between Brewer and the McQueens is not as frayed as one would have been led to believe. Brewer is the brother-in-law of AckMac CEO Revan McQueen and the son-in-law of former CEO Angus McQueen. Brewer’s wife is Skye McQueen Brewer.

Bill and Skye Brewer at a Ralph Lauren charity event.