Dan Boren Makes Eight

There are times in life when you say, “I’m tired of taking this shit.” Dan Boren had to be there when he resigned from the NRA and NRA Board of Directors yesterday.

Leadership portrait of Dan Boren Date taken: August 8, 2013 Photographer: Marcy Gray

Boren’s resignation makes the eighth director to resign from the NRA Board of Directors since the beginning of the year.

Tom King, president of the NY State Rifle and Pistol Association and a NRA Board member, reportedly had filed an ethics complaint against Boren. Taken with a grain of salt given he is a LaPierre loyalist, he told Newsweek:

“Mr. Boren resigned in the face of an ethics complaint, which I filed, that cites troubling communications and serious allegations linking him to suspected extortion against the NRA and billing fraud by the NRA’s former vendor, Ackerman McQueen,” NRA board member Tom King told Newsweek in a written statement. “Under these circumstances, this news is not surprising.”

That was just the latest in actions aimed at Boren. In the case aimed at avoiding paying Oliver North’s legal bills, the NRA contended that Boren had somehow conspired with Col. North in the supposed “coup attempt”.

Then, in the NRA’s Federal case against Ackerman McQueen, they named him a “non-party co-conspirator” along with Col. North.

Mr. Boren entered into an agreement, combination, and/or conspiracy with the Defendants for the purpose of carrying out the fraudulent behavior, the attempt to de-railing the resulting NRA investigation, and the attempt to extort Mr. LaPierre and the NRA alleged herein. In addition, there exists a small group comprising former vendors, professionals, and consultants of the NRA whose economic incentives, like AMc’s, were challenged by the NRA investigation and, like Mr. Boren, joined the agreement, combination, and/or conspiracy.

My sources told me after the NRA Annual Meeting, that in their opinion, Boren had hoped to act as an intermediary to try and salvage the multi-decades relationship between the NRA and AckMac. There was nothing unsavory about his actions.

Boren was named Oklahoma president and Chief Banking Officer of First United Bank on October 10th. From The Oklahoman:

Boren, 46, who has spent nearly seven years as president of corporate development for the Chickasaw Nation, will begin work in early January at First United. The bank is based in Durant and has locations in Oklahoma and Texas.


First United CEO Greg Massey said, “I am excited to have Dan join our team. His passion for serving Oklahoma aligns perfectly with our purpose at First United.”

Boren, a Blue Dog Democrat, served four terms in Congress representing a district in eastern Oklahoma from 2005 until 2013. According to The Oklahoman, he had been considering a run for governor of Oklahoma last year. They note he hasn’t ruled out running for office in the future.

Taken on the whole, I’d say the NRA really needed a man like Boren more than he needed them. As a Democrat, he gave them at least some semblance of being bi-partisan. As a Congressman, even though it is now former Congressman, he gave them a strong influence on Capitol Hill. When you add that to his role with a large Indian tribe and his new job in banking, he brought a lot to the table.

What did he get in return for what he gave the NRA? A pile of paranoid crap. I’m surprised he didn’t resign earlier. I sure as hell would have and done so with a clear conscience.

NRA Wins, Ollie Loses On Reimbursements

The National Rifles Association will not have to pay former NRA President Oliver North’s legal bills. That was the ruling today by Justice Joel Cohen in the lawsuit brought by the NRA seeking a declaratory judgement. Col. North had sought indemnification for legal expenses incurred as a result subpoenas in the second Ack-Mac case and the Senate Finance Committee’s request for documents.

From Bloomberg.com:

Justice Joel Cohen said Thursday that the gun rights group isn’t required under its internal rules or state bylaws to indemnify North for expenses he’s incurring as a witness in legal matters triggered by the infighting, including a probe of the NRA’s nonprofit status by New York’s attorney general.


The turmoil began when North alleged that Wayne LaPierre, the organization’s longtime leader and public face, used the NRA to enrich himself, an accusation LaPierre denied. North was accused of trying to overthrow him.


Ruling from the bench, Cohen said the case boiled down to the meaning of a 93-word sentence in the NRA’s bylaws and didn’t hinge on allegations between the parties, including the group’s claim that North acted in bad faith when he began looking into alleged wrongdoing at the organization.


“No sentence should be 93 words long, but once you wade through it, the meaning is clear,” Cohen said. “Colonel North’s reading would require something close to a blank check, and that’s just not what the bylaw says.”

As of this writing, the NY State Courts Electronic Filing system does not have the actual ruling posted.

As might be expected, NRA outside counsel William Brewer III called this a “resounding win” for the NRA. What would be interesting to know is how much Brewer, Attorneys and Counselors billed to handle this case. It would also be interesting to know what the legal bills submitted by Col. North amounted to by comparison.

This case was on the surface about whether Col. North was entitled to indemnification or reimbursements of his legal bills incurred. Below the surface you have a very successful effort to get rid of Chris Cox who was a potential successor to Wayne LaPierre. It also consolidated the hold that Brewer has over LaPierre by damaging those who were independent of Brewer or who opposed him. You see more and more of that coming out as time has passed.

The NRA, The New York Lawsuit, Ollie North, And Chris Cox

The news yesterday regarding the National Rifle Association was headlined by a story in the New York Times that said Chris Cox, head of the NRA-ILA, was suspended and put on administrative leave. This followed a late Wednesday filing in New York Supreme Court (the trial level courts in that state) in which the NRA sought a declaratory judgment that Ollie North was not entitled to his legal expenses as a director of the NRA. Also suspended was Scott Christman who served as Cox’s deputy chief of staff at the NRA-ILA.

Both Cox and Christman are accused along with NRA Board member and former Congressman Dan Boren of participating in a failed “coup” attempt orchestrated by Ackerman McQueen and Ollie North. Cox vehemently denies this.

“The allegations against me are offensive and patently false,” Cox said. “For over 24 years I have been a loyal and effective leader in this organization. My efforts have always been focused on serving the members of the National Rifle Association, and I will continue to focus all of my energy on carrying out our core mission of defending the Second Amendment.”

The New York lawsuit was filed on behalf of the NRA by outside counsel William Brewer III and his firm. It seeks a declaratory judgment stating that Ollie North is not entitled to reimbursement for legal fees and expenses incurred as a result of subpoenas in the second Ackerman McQueen lawsuit and the Senate Finance Committee’s request for documents. When a declaratory judgment is sought, it is making a statement that the facts are not in question and that the only thing sought is a declaration as to matters of law. That said, the complaint filed is a mish-mash of allegations that in no way could be considered a 100% recitation of facts. The full complaint is here.

The complaint alleges that North is an employee of Ackerman McQueen, that he had been asked to either resign from AckMac or the NRA board, that he has done neither, and that he orchestrated the “coup” attempt to oust Wayne LaPierre at the behest of AckMac. North is also accused of acting in bad faith and breaching his fiduciary duties to the NRA.

The complaint then includes this gratuitous mention of Chris Cox and Dan Boren. This is the only paragraph where either of these two are mentioned.

North and his co-conspirators orchestrated these threats through, among other
things, a string of text messages that are filed herewith. The text messages were produced in the
Virginia Litigation by Dan Boren, an NRA board member employed by one of Ackerman’s other
major clients, the Chickasaw Nation
. Boren relayed the contents of Ackerman’s threatened letter
to North and helped to choreograph the ultimatum they presented to Mr. LaPierre. Moreover, in
email correspondence transmitted over non-NRA servers, Boren admitted his knowledge that
Ackerman may have been invoicing the NRA for full salaries of employees who were actually
working on the Chickasaw Nation account. The same text messages and email messages
demonstrate that another errant NRA fiduciary, Chris Cox —once thought by some to be a likely
successor for Mr. LaPierre—participated in the Ackerman/North/Boren conspiracy
.

The text message can be seen in this exhibit. It should be noted that from what I’ve been told that exhibits are not usually submitted when asking for a declaratory judgment. Reading the texts between Boren and Cox, I fail to see this as a “coup” attempt. Rather, in my opinion, it seems they are concerned about the war between AckMac and the NRA and its future impact on the NRA. Cox is correct when he calls what had been going on “a tragic mess”.

This whole affair is so Byzantine. It reminds more of a Soviet-style purge where ministers and members of the Politburo are being purged after the head of the KGB whispers in the ear of the aging General Secretary that they are plotting against him. Insert Wayne LaPierre into the role of the aging General Secretary and William Brewer into the role of KGB head and there you have it.