Filing Summary

This filing is the OAG’s response to the NRA’s petition. It provides legal arguments to rebut the NRA’s petition. It argues that the NRA’s suit is a “blatant attempt” to interfere with the OAG’s investigation into the NRA and that the NRA has no legal authority supporting its position.

Key Points

• The OAG argues that the NRA’s suit is a “blatant attempt … to interfere with and impede [the OAG’s] investigation of the organization’s own alleged misconduct.” (Pg. 5.) The OAG stresses that the NRA is trying to have the Brewer firm participate in Oliver North’s deposition, even though the deposition is part of an investigation that includes allegations of misconduct by the Brewer firm. (Pg. 7.)
• The OAG argues that it has the “authority to conduct non-public, law enforcement investigations through the use of investigatory means, including issuance of subpoenas for documents and testimony.” (Pg. 6.) The OAG further notes that this lawsuit involves the protection of whistleblower rights under New York law and the NRA’s own whistleblower policy. (Pg. 6.)
• The OAG points out that the NRA provides no authority for the proposition that it “can monitor the OAG questioning of witnesses as part of an investigation of the NRA.” (Pg. 16.)