The NRA’s trial in New York has provided more than enough evidence that many members of the Board of Directors ignored their fiduciary duties. Many thought loyalty to Wayne was the same as loyalty to the organization. It was not.
The ballots for the 2024 Board election go out to eligible voters in the March issue of the NRA official magazines. Not only has the Nominations Committee stacked the ballot with retreads, they are the same people that allowed the rot and corruption to grow. They include people like former NRA President Carolyn Meadows who currently is considered too ill to testify either in person or virtually in the NY trial. It also includes 2nd VP David Coy who served on the Audit Committee for many years who voted to approve questionable expenditures after the fact.
There are four people on the ballot who were not put there by the Nominations Committee. Dennis Fusaro, Judge Phil Journey, Jeff Knox, and Rocky Marshall are on the ballot by petition. In other words, enough of you who are voting members said you wanted them on the ballot. They are untainted by the corruption of the past and are running on a platform of reform. I wholeheartedly endorse all four and would urge you to give them your votes.
The only two current Board members I might consider voting for are Buz Mills and Rick Ector. As evidenced by his letter to the Board exposing the backdoor shenanigans to make Charles Cotton the next EVP, Buz is not a go-along to get-along sort of guy. Rick Ector had done phenomenal grassroots work in the Detroit area introducing thousands of women to self-defense through firearms training. He also bucked the trend with his endorsement of Wade Callender for the EVP.
If it were me, I would not consider anyone else on the list of candidates. The four petition candidates plus the two that have bucked the system are the only candidates that I think will work day in and day out to restore and reform the NRA. We need an effective and untainted NRA. Now is the time to do it.
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.
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.
You could have knocked me over with a feather when I heard that Marion Hammer was agreeing with Buz Mills regarding setting up a search committee to find the permanent Executive Vice President and CEO for the NRA. I had assumed – wrongly it seems – that she was in the camp pushing Charles Cotton to be the EVP/CEO for the next few years. Something along the lines of “a steady hand on the rudder” as the NRA transitions away from the Wayne era.
This is her email sent to the Board today:
It has come to my attention that another NRA BOD Member is making phone calls trying to gain support for yet another NRA BOD Member to take Wayne’s job.
Please, please, stop and think about this. I personally believe we need a dedicated Search Committee to find someone who is actually qualified to take the helm at NRA.
Any member of the Board who thinks he or she is qualified for the position can submit his or her name to a Search Committee to be vetted along with other candidates.
This is a turning point for NRA and a time when we need the most qualified, dedicated person we can find to lead NRA and lead the fight to save Second Amendment rights.
The NRA President can appoint a Search Committee at any time and I believe should do so immediately. Search Committee members can be confirmed or rejected and replaced by the Board of Directors at it’s next meeting.
Please, this is a critical point for us and the future of NRA and it’s members is in our hands. Let’s do it right. Under our By-Laws we have a process to fill the EVP position on an interim basis while we search for the right person.
Please do not be stampeded into anything.
I know that there are a significant number of Board Members who agree that we need a Search Committee because they have told me so. And, I also know that previously another Board Member has emailed you suggesting a Search Committee. And while that particular Board Member and I rarely ever agree on what’s best for NRA, this time we happen to agree that we need a Search Committee.
Marion P. Hammer
Marion’s letter may also be seen as a way to head off those who are supporting Wade Callender to be the EVP/CEO such as Texas AG Ken Paxton, Utah AG Sean Reyes, and board member Rick Ector. However, while it is probably not her intent, I do think it could work in his favor as an honest Search Committee would have to consider him a candidate.
I think the person most disappointed about this letter beyond Charles Cotton has to be Bill Brewer. I got the feeling that Brewer was hoping to maintain the cozy relationship between the leadership and himself so as to keep the money flowing to his firm.
When the NRA Nominations Committee first released their list of nominations for the 2024 Board of Directors election it had 28 names on it. As I noted at the time (Sept. 27th), 25 of those on the list were current board members with 23 having been nominated in 2021. The only three new persons nominated were Craig Haggard, Susannah Warner Kipke, and Gina Roberts.
Fast forward to early November when the complete ballot with the four petition candidates was released. I did not take notice of it at the time but the Nominations Committee had added another two nominees to go along with the four that were on the ballot by petition. I’ll attribute my oversight to being on vacation with family as well as being excited that all four petition candidates had made it.
Adding more people to the list of nominees aka padding the ballot is meant to decrease the odds of one or more of the petition candidates being successful in their quest to be elected to the Board of Directors.
What makes this more egregious is that the Nominations Committee had to be aware that Mrs. Meadows’ health was an issue. Going back as far as the 2020 NRA Annual Meeting in Tucson, it was apparent from her video appearance that she was suffering from a neuro-muscular illness of some sort. More recently, she was supposed to be a witness in the NRA trial in New York City. Attorneys for the NRA informed the NY Attorney General’s Office in mid-December that her health might not allow her to testify in person at the trial. This was amended to both in person and virtually.
On January 5, 2024, the NRA finally provided a medical affidavit for Ms. Meadows. Ms. Meadows’ physician represents that she is unable to testify in person or virtually because of her health condition. Subject to a representation from NRA counsel that Ms. Meadows did not attend, in person or virtually, the January 2024 Board meeting, Plaintiff will use Ms. Meadows’ videotaped deposition in lieu of live testimony.
If Mrs. Meadows’ health is such that she cannot even testify virtually, how can she effectively serve on the NRA Board of Directors? The answer is she cannot and it is a disservice to the members of the NRA to even nominate her.
As an AG who earned an @NRA A+ rating, I support @CallenderUSA for NRA EVP. Wade Callender was QB on landmark SCOTUS 2A win in Bruen and will expand NRA brand to new demographics, while tirelessly fighting for traditional members. As a Navy veteran/lawyer/leader, Wade is a proven… pic.twitter.com/DGRJbMjVno
Obviously, two of the state attorney generals who worked with Callender in submitting amicus briefs in support of the NY State Rifle and Pistol Association in the Bruen case think very highly of him. I would not be surprised if more of these state attorney generals weigh in with support of Callender.
This must cause a bit of dismay in Fairfax where those still in denial that there is anything wrong within the NRA seem to be backing Charles Cotton to be the successor to Wayne.
I started hearing rumors as soon as Wayne LaPierre resigned that current NRA President Charles Cotton was jockeying for the position of CEO and Executive Vice President. Personally, I think this would be a travesty and would mark the death knell of the NRA. One merely needs to remember that Mr. Cotton served and continues to serve as head of the Audit Committee for many years while the grifters grifted.
The best analogy on the move by Mr. Cotton to win the EVP position was by my friend Ron Carter who said:
Cotton is clearly the Nikita Khrushchev seeking to seize the opportunity on the death of Stalin….I use the Soviet reference because it sure resembles it. All the yes-men will keep saying yes to the strongest posture regardless of any other criteria.
With so much attention focussed on the trial involving the NRA in New York City, scant attention has been paid to who succeeds Wayne LaPierre as CEO and Executive Vice President of the NRA. I think most observers would agree that Andrew Arulanandam, who will serve as the interim EVP upon Wayne’s January 31st resignation, is a place holder and not a serious contender for the permanent position.
An article by Stephen Gutowski in The Reload posted today may give some clue as to a potential successor. After discussing what I called “the dueling letters” regarding post-employment compensation and health issues of Wayne, Gutowski provides this potential clue.
Prominent NRA supporters have already begun publicly circulating at least one alternative. Former NRA Institute of Legislative Action deputy executive director and general counsel Wade Callender, who helped coordinate with the group’s state affiliate in the successful 2022 Supreme Court Bruen case, has already received the backing of several elected officials. Texas Attorney General Ken Paxton (R.) and State Senator Drew Springer (R.) posted a call for Callender to take over the NRA’s top perch on social media this week.
Dear @NRA : The Bruen victory SCOTUS was shepherded by a Texas patriot named Wade Callender who understands your membership and would make a fantastic EVP: https://t.co/myETP6RArD Elevate legitimate 2A champions like Wade, not 2A posers like @DadePhelan.
— Attorney General Ken Paxton (@KenPaxtonTX) January 9, 2024
Callender left the position as General Counsel and Deputy Executive Director of NRA-ILA due, in large part, to the growing interference from the NRA’s outside counsel William Brewer III. Callender confirmed this to me in a face-to-face conversation we held at the 2022 Gun Rights Policy Conference held in Irving, Texas. He has since returned to private practice in Dallas area.
Texas AG Ken Paxton has been a stalwart supporter of the Second Amendment and has signed on to a number of amicus briefs in support of it. Paxton, who was last year impeached by the Texas House of Representatives, was acquitted on all charges in the trial in the Texas Senate. The move to impeach Paxton was led by Texas House Speaker Dade Phelan who is his arch political enemy. Phelan, who is considered a RINO by Texas conservatives, and has been asked to resign by the leaders of the Texas Republican Party.
After the murders of school children in Uvalde, Phelan formed a House Select Committee on Community Safety to review all firearms-related legislation. This included red flag laws and raising the age to purchase a modern sporting rifle. While the committee composition was officially seven Republicans and six Democrats, the Republican chair had been a Democrat until just recently.
With this as a background, Randy Kozuch, Executive Director of NRA-ILA and Chairman of the NRA-PVF, endorsed Dade Phelan and rated him A+.
TEXAS: NRA Proudly Endorses Speaker @DadePhelan for Re-election With an A+ Rating
"NRA is proud to stand with such a demonstrated leader in the fight to defend liberty and freedom in the Lone Star State." –NRA-PVF Chairman Randy Kozuch
One must wonder who pushed Randy Kozuch to give an A+ rating to Phelan who by most accounts is a RINO and who is marginal on gun rights. Was it the Old Guard on the NRA led by NRA President Charles Cotton who is a Texan? Was it Bill Brewer who saw an ally in a RINO politician who was barely so-so on gun rights? If Brewer, was it with knowledge that it would anger true Second Amendment supporters in Texas?
Giving Phelan the A+ rating and endorsement obviously angered his arch-enemies Ken Paxton and Sen. Drew Springer as the next day they endorsed Wade Callender for EVP. This move by Paxton and Springer is definitely a call for new blood to lead the NRA and a repudiation of the Old Guard.
I am not in New York City for the NRA trial. Given the law in New York forbids any audio-visual broadcast of trials, I will have to rely on reports from the mainstream media and other observers such as Jim Shepherd of the Outdoor Wires.
Monica Connell, Assistant Attorney General of New York, is the lead attorney for the NY Charities Bureau in this case. Her opening statement was made today in court which reportedly lasted for more than an hour.
Assistant Attorney General Monica Connell said in the state’s opening arguments that executives at the NRA violated both state laws and internal policies by spending excessive amounts of money and then covering up their expenditures. She said the organization’s leaders also “breached the trust” of the donors who “took money out of their pocket” to advance the NRA’s cause.
“They should be able to trust that their hard-earned money they donated will not be used for luxury travel,” Connell said.
Connell’s opening statement detailed some of the steep price tags the NRA’s executives charged to the organization in recent years, including millions of dollars on private flights. She also told jurors about the safeguards that are supposed to prevent nonprofits in New York from mismanaging funds. The assistant attorney general argued the NRA’s leaders worked to undermine those safeguards by lying, retaliating against whistleblowers and hiring high-ranking employees who would be more loyal to corrupt executives than to the mission of the organization.
They also reported that Wayne LaPierre watched on from the gallery which was filled with attorneys, observers, and reporters.
Photo of Wayne arriving at the courthouse – by Brendan McDermid/Reuters
“The NRA allowed Wayne LaPierre and his group of insiders … to operate the NRA as ‘Wayne’s World’ for decades,” Connell told a six-member jury that was sworn in earlier in the day, referencing the 1992 comedy movie starring Mike Myers and Dana Carvey.
“Wayne LaPierre and his friends effectively suppressed the voice of anyone who challenged his leadership.
“This case is about corruption in a charity. It’s about breaches of trust, it’s about power. People take their hard-earned money and donate it to charities they believe in. It doesn’t matter what the cause is. They should be able to trust that the hard-earned money they donate is going to advance the mission of that charity.”
Earlier today, the jury was seated. It consists of six jurors and six alternates. All 12 will be in the courtroom for the trial but only six will actually deliberate the charges. Moreover, under NY civil law and practice, a verdict can be delivered if five out of six agree on the verdict. It need not be unanimous.
UPDATE: Jim Shepherd of the Outdoor Wires was in the courtroom yesterday. He gives his impression of the start of the trial here.
From the firing of Lt. Col. Oliver North as NRA President at the now-infamous 2019 Annual Meetings in Indianapolis, to the harassment and retaliation charges of former NRA Board Members Esther Schneider and Phillip Journey, LaPierre was characterized as a man who broached no threats to his authority.
He was also characterized as a man who used the system to his advantage.
With a rudimentary knowledge of accounting and how the NRA’s internal structure operates, specifically in regards to the distinct lines between the National Rifle Association and the NRA-ILA (Institute for Legislative Action), I was confused by the details and accounting practices outlined by the prosecution. One can only imagine the confusion it caused jurors.
But the case appeared effective in one respect: despite occasionally digging deeply into details, it always wound its way back to a pair of key names: Wayne LaPierre and Woody Phillips. Throughout their joint tenure, the NRA coffers were allegedly used as “private piggy banks” for the duo, their chosen subordinates and enabling Board Members.
If you read the comments from the anti-gun forces yesterday on the resignation of Wayne LaPierre, you would have thought it was all their doing. Moreover, they think this portends a shift in attitudes towards gun control such that gun owners will now joyfully join with the prohibitionists to urge passage of nonsensical gun control laws.
The tweet below and the response is the reality.
It doesn't at all, except that an organization that's been largely meaningless the last 10 years may start to restructure to become meaningful again.
If anything.. your side should be worried. LaPierre was a dinosaur who liked the status quo.
I’ve long said to the Complementary Spouse that the gun prohibitionists are not going to like what they get if they destroy the NRA. The successor organizations such as GOA, SAF, and FPC will be much less likely to want to compromise on the Second Amendment. Now is the time for the NRA to get its act together, reform the Board, and become the meaningful organization in terms of both training and 2A advocacy that it can be.
Click on “show more” to get the full release posted on X or what used to be called Twitter by the NRA on Wayne’s resignation and the elevation of PR flack Andrew Arulanandam to interim CEO.
NRA EVP Wayne LaPierre Announces Resignation from NRA
The National Rifle Association of America (NRA) announced today that Executive Vice President Wayne LaPierre announced he is stepping down from his position as chief executive of the organization, effective January 31.… pic.twitter.com/GbGBWktu7C
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