by NRA President Bob Barr sent out an email to the Board of Directors this afternoon. It noted that the bench portion of the New York trial was coming to a close on Monday, July 29th. The gist of the email which is below is that there is no need for a special monitor, it is invasive and detrimental to the NRA, and that since 2018 the NRA has cleaned up its act. Barr went on to say he was not fully quoted with regard to recouping the $4 million plus owed to the NRA by Wayne LaPierre. In that, he may be correct.
I said in late May that Barr had the ability to regain the trust of members and to reassure the court that a special monitor was not needed through his committee appointments. I said it needed to be transparent and that Mssrs. Cotton and Coy must never be allowed to remain on the Audit and Finance Committees. I also suggested that members of the Four for Reform ought to be considered for important committee assignments.
Disappointingly, Barr all but assured that Judge Cohen will feel that he has no option but to appoint a special monitor with his committee assignments. First, not only was Charles Cotton allowed to remain as chair of the Audit Committee but was added to the Ethics Committee as the chair. Second, David Coy remains as chair of the Finance Committee. Third, the anti-reform Cabal holds all the chair and vice-chair positions on the major committees for whom appointments have been made public. Only Rocky Marshall of the Four for Reform was given a major committee assignment and “Gang of 12” reformers are in a minority on all the committees. Barr had a chance but in my opinion he blew it.
Barr and, by extension, the Board are still in denial. They can say they have made changes and point to the hiring of a Chief Compliance Officer among other things. They can say their expert witnesses all testified to improvements, to not needing a special compliance monitor, and that this is the “new” NRA. The NRA publications can write about the NRA’s “new direction” and run headlines saying “the future of the NRA is bright.”
What they fail to understand is that the rank and file members of the NRA don’t trust them. Trust, once lost, is hard to regain. Hopes were raised at the last Board meeting with the election of ostensible reformers to major positions and then the committee assignments dashed that hope. We see that the people that allowed Wayne and his pack of grifters to get away with it for years are still running things. We read that the NRA has paid at least $182 million in legal fees to Bill Brewer and his minions all the while thinking what that money could have done for the Second Amendment. We know the members voted for a Chief Compliance Officer but then hear it whispered about how he has blown off serious whistleblower complaints. And the list goes on.
I could go on but I think I’ll just post the email and let you, the reader, come to your own conclusion.
From Bob Barr as sent out by John Frazer:
Dear Board of Directors,
As you know, the NRA is nearing the end of “phase two” of the trial proceedings versus the New York Attorney General (NYAG). The bench trial began on July 15, and will conclude on Monday, July 29. As reported to the board on July 4, a focal point of the proceedings is the NYAG’s pursuit of a court-appointed monitor with sweeping powers. On behalf of the Special Litigation Committee (SLC), please note that the NYAG’s court filing, Exhibit O, reflects an invasive measure that we believe is absolutely detrimental to the Association and its mission.
Of course, it is no surprise that the NYAG, who filed suit to dissolve the NRA, is peddling its “version” of the story. However, the trial testimony has shown that, beginning in 2018, the NRA undertook to prevent any override of its financial controls. Extensive testimony has clearly established the NRA’s commitment to good governance. Importantly, there has been no evidence that the NRA is not appropriately managing its assets; and there is no ongoing or persistent violation of its internal controls – all alleged by the NYAG.
Our senior staff members, board members, and experts offered powerful testimony regarding our heightened commitment to compliance training, and the important role played by our Chief Compliance Officer and our Internal Auditor. As such, we believe there is no need for the court to impose invasive equitable relief. Doing so would have a chilling effect on our organization’s ability to fulfill its mission and cultivate grassroots support, donations, and public goodwill. For these many reasons, I am optimistic we will achieve a positive outcome for the NRA and its millions of members.
On Thursday, the court heard testimony from Daniel Kurtz, the former New York State Assistant Attorney General-in-Charge of the Charities Bureau. He testified that he sees “New York State both persecuting and prosecuting the NRA,” and noted the NYAG’s pursuit of a monitor is “crazy, unprecedented.” He added, “There’s never been a situation, to my knowledge, in which a monitor has been appointed to reform the nonprofit governance of an organization” – equating New York’s pursuit of the NRA to McCarthyism and the Second Red Scare of the 1940s and 1950s.
In closing, know that no board officer, including myself, has ever suggested the NRA would not seek to recover any final awards owed to the NRA by individual defendants. At trial, I testified that I assumed the NRA was still finalizing its plans in this regard. My full testimony (conveniently not publicized via “X” and other social media platforms) explained this is because no final awards have yet been confirmed, and the NYAG bears the responsibility to pursue the recoveries in question. The NYAG is responsible for securing the awards because of her standing as the plaintiff in these proceedings. The NRA, of course, is committed to holding the NYAG’s feet to the fire and pursuing every dollar to which it is entitled, period.
The bottom line is, I remain optimistic that despite attempts to distort the NRA’s commitment to good governance, the court appreciates and understands our record. The NRA and its many witnesses have presented a true picture of the Association – one that is dedicated now and in the future to achieving the best interests of our members in all we do.
Thanks,
Bob Barr, President