Intervention By Rocky Marshall Denied

Former NRA Director Rocky Marshall had filed a motion to intervene in the NRA dissolution case. His motion was filed in September 2021. He was still a director when he filed the motion to intervene. New York Not-for-Profit Corporation Law § 720 b (1) gave him the statutory right to intervene.

Today a hearing was held on this motion in New York County Supreme Court. Unfortunately, Judge Joel Cohen denied Mr. Marshall’s intervention motion. I did not have an opportunity to listen to the hearing.

However, Stephen Gutowski of The Reload did cover the hearing and posted a series of tweets about it.

He wrote:

The hearing over former board member Rocky Marshall’s attempt to intervene in the New York suit against the NRA is happening. Marshall and others are trying to intervene as a way of providing an alternative representation of members. 

The judge seems skeptical of letting Marshall intervene without evidence he was illegitimately pushed off the NRA board. 

Marshall’s lawyers are noting they have different claims against the NRA than what New York has brought. They note that a big one is potentially trying to recover legal fees that the interveners believe are excessive. 

The judge says that sort of claim isn’t at issue in the New York suit and wouldn’t be decided there. So, an intervention isn’t necessary. Marshall’s lawyers counter that the NRA could be dissolved in this suit and they wouldn’t be able to make any claims at that point. 

The interveners argue NRA leadership, such as CEO Wayne LaPierre, has acted against the interests of NRA membership. They argue leadership has harmed the organization and they should be able to intervene on behalf of NRA members. 

The NRA’s lawyers are arguing, basically, what the judge had argued earlier. They say Marshall doesn’t have standing to intervene since he isn’t a director anymore. 

The NRA is arguing that because Rocky Marshall ran for NRA president during last year’s board meeting he has a conflict of interest in trying to invene (sic) in the case. 

The NRA is also arguing Marshall filed his intervention too late. The New York AG’s office also don’t want Marshall to intervene. They also argue he has no standing. 

The judge has denied former board member Marshall’s motion to intervene in New York’s case against the NRA. 

The judge says he does value the input of NRA members who don’t agree with how NRA leadership has run the organization, though. 

Judge says Marshall lacks standing because he is no longer an NRA board member. 

It will be interesting to see whether the judge has to decide this same intervention question for a third time if Frank Tait, who is another one of the interveners, is able to get on the NRA board. 

Well, crap! I thought Mr. Marshall had a chance to become an intervenor. As things stand now – and I hate to say it – the closest thing we as members have to someone representing our interests in the case is the NY Attorney General’s Office. That sucks.

Frank Tait noted in a post today:

Rocky’s attorneys made the point that the NRA is being bled dry and that this helps achieve the NY AG’s intent of dissolving the NRA.

That correlates with reporting in The Reload that analyzed the NRA’s finances and found that 20% of the budget is now going for legal expenses. Moreover, Wayne’s attorney Phillip Correll has billed the NRA approximately $175,000 in legal fees as of this past August.

One last thing that came out in the hearing today is that Susan LaPierre is also being represented by Phillip Correll. That leads to the obvious question is who is paying him to represent her – the NRA or the LaPierres?

Just Slipped Wayne’s Mind

Mike Spies of The Trace is no friend of the NRA. He also does damn good research and always has his facts correct. He pretty much has to or else he’d be sued by the NRA for libel.

He came out with a new report yesterday in The Trace regarding Wayne LaPierre’s yacht trips in the Bahamas and the role played by Colleen Sterner, Wayne’s niece, in the NRA. The yacht trips in the Bahamas were on a yacht owned by David McKenzie whose company is a contractor for the NRA. Sterner was hired to work with the NRA’s Womens Leadership Forum and is still employed by the NRA. Her hiring came at the behest of Susan LaPierre.

Wayne has testified that the yacht trips were for security reasons. This was especially true of the 2013 trip as it happened just a few months after the Newtown school murders. What Wayne failed to mention in his sworn testimony is that this trip just happened to coincide with his niece’s wedding in the Bahamas and that both couples then cruised around the Bahamas afterwards.

From the article:

Under questioning about the yacht trip, LaPierre did not disclose the wedding. Instead, he testified under oath that he used the boat that summer because his life was in imminent danger. He said that trip — the first of six annual summer voyages on the yacht in the Bahamas, from 2013 to 2018 — was a “security retreat” and the only way he could be safe after the mass shooting at Sandy Hook Elementary School. LaPierre explained that he was under “Presidential threat without Presidential security” and that the boat “was offered” as a refuge. When he finally got to the yacht, he recalled thinking, “Thank God I’m safe, nobody can get me here.”

Internal NRA documents, other records, and interviews with former staffers suggest that LaPierre repeatedly made misleading and possibly false statements under oath about the yacht and his niece. LaPierre testified that Sterner, whom he hired at the NRA, was an integral employee in the organization, but former colleagues, who spoke on condition of anonymity for fear of retribution, say she did little work. 

The NRA’s outside counsel Bill Brewer contends that these trips were disclosed and they were for security reasons. Note that supposedly Brewer represents the NRA and not Wayne LaPierre. Right.

As to Mrs. Sterner, numerous staffers involved with the WLF say she really did very little work for the Forum. The work she did do such as ordering flowers was rather menial. No one has mentioned nepotism but it is what it is. One of the events she was supposed to be involved with was a 2017 event held by the WFL in conjunction with the Safari Club International Convention.

From the article:

The former staffers expressed astonishment to me at LaPierre’s claims under oath. “Colleen was not involved in the planning of, or participation in, any event or donor visits,” one said. “If she and her husband were there, neither of them had a hand in helping coordinate donor activities, events, or soliciting items for the annual auction.” The person added: “There were corporate relations individuals who needed to be at events during show season and had children at home. They were never offered any enhanced accommodation, let alone traveling by private jet with their spouse and child.” A second person said that “there was absolutely no indication” Sterner worked at the Las Vegas gathering. She could not be found on the convention floor or at parties, dinners, receptions, or strategy breakfasts hosted by Susan. At one point, the WLF sponsored a private luncheon for about a dozen wealthy female hunters who, based on their accomplishments, were called the Dianas, after the Roman goddess of hunting. The event, in the penthouse of the Four Seasons, was hosted by Susan. Sterner was not there, either, people with knowledge of the gathering told me. 

I’m getting the feeling with Susan out as co-chair of the Women’s Leadership Forum that staffers are feeling less constrained about venting their frustration over her treatment of them over the years.

I do disagree with Spies NYU Law School Professor Stephen Gillers that this will be ammunition that will help James dissolve the NRA. What it will help do is remove Wayne and the existing leadership of the NRA. I believe the judge in the case is less inclined to actually dissolve the organization but probably has no hesitation cleaning house.

Ridicule Is Man’s Most Potent Weapon

Saul Alinsky‘s Rule Number 5 states, “Ridicule is man’s most potent weapon. There is no defense. It is almost impossible to counterattack ridicule. Also it infuriates the opposition, who then react to your advantage.”

Mike Spies of The Trace understands this very well and just unleased a torrent of ridicule upon Wayne LaPierre. Somehow – and I have my suspicions – he obtained the lost and unaired footage from a 2013 African safari that Wayne and Susan LaPierre took that was to have aired on Under Wild Skies. That show was hosted by Wayne’s former BFF Tony Makris and was sponsored by the NRA. I have been told that Makris and Wayne used the show to reward LaPierre loyalists with a paid-for safari in Africa.

The footage is part of an article that is running in both The Trace and The New Yorker.

The footage of LaPierre in Botswana first shows him walking through the bush dressed in loose-fitting safari attire and an NRA Sports baseball cap. He is accompanied by several professional guides and his longtime adviser, Tony Makris, a top executive at the N.R.A.’s former public-relations firm, Ackerman McQueen, and the host of “Under Wild Skies.” The heat, at times, causes LaPierre to sweat. As he walks, his wire-framed glasses slide down his nose. After a guide spots an elephant standing behind a tree, LaPierre takes aim with a rifle. As LaPierre peers through the weapon’s scope, the guide repeatedly tells him to wait before firing. LaPierre is wearing earplugs, doesn’t hear the instructions, and pulls the trigger. The elephant drops. “Did we get him?” LaPierre asks.

The guide at first says yes, but then, as he approaches the elephant, it appears that the animal is still breathing. The guide brings LaPierre within a few strides of the elephant, which lays motionless on the ground. He tells LaPierre that another bullet is needed. “I’m going to show you where to shoot,” the guide says. “Listen, hold your rifle—I’m going to tell you when. Just hold it up.” The guide pushes the rifle’s barrel skyward as other men involved in the expedition move around in the distance. “I’m going to point for you where to shoot. Just waiting for these guys.”

Needless to say, Bwana Wayne botches this and two more shots. Tony Makris is the one who has to deliver the final shot.

It appears that both Wayne and Susan are using custom Blaser rifles with engraved actions and beautiful wood that I was told a while back were billed to the NRA. I wonder what ever happened to them.

As the video makes clear, Susan is the better hunter and much better shot than Wayne. She is also much more excited by her trophy than is Wayne who looks kind of befuddled. You wonder if he isn’t just looking for a place to go and throw up.

The whole episode brings to mind that classic Hemingway short story The Short Happy Life of Francis Macomber. While Wayne didn’t run in the face of the elephant like Macomber did in the face of the lion, it took someone else to finish the job. Moreover, Wayne comes off as a bumbling incompetent and not the great white hunter in charge of an organization dedicated to preserving hunting and the Second Amendment.

I know this is coming from the Bloomberg supported The Trace. As I’ve said in the past, just because you don’t like the source doesn’t mean it isn’t accurate. Spies gets his information right because he knows he will be sued every which way if he doesn’t.

I hope to go to Africa in a couple of years to hunt plains game. Unlike Wayne, I will be paying for the trip myself. Also, unlike Wayne, I plan to get in a lot of shooting practice in advance especially from sticks. It appears that Wayne was not that familiar with his rifle and it shows. When you are given the chance for the hunt of a lifetime, you damn well ought to be ready.