Filing Summary

This filing from Ackerman is a reply brief supporting its February 28, 2020 motion to compel document production. Of note, Ackerman raises the “crime fraud exception” to call for the production of certain documents from NRA attorney Bill Brewer. Ackerman suggests that discovery from the case shows it was Brewer, as counsel for the NRA, who developed the allegation that NRA board president Oliver North was attempting to extort NRA CEO Wayne LaPierre. 

Key Points

• “Overwhelming evidence is already before the Court regarding Brewer’s effort to fabricate evidence in furtherance of this extortion narrative. Yet, NRA testimony unequivocally establishes no extortion by North or [Ackerman]. Whenever questioned about the underlying facts or the source of facts concerning the extortion narrative, the Brewer Firm asserts privilege, covering up that Brewer is the source. By creating facts, and being the only individual with ‘knowledge’ of non-existent facts, Brewer knew the representations were false when he made them and directed others to make the same.” (p.8-9)
• “Brewer was able to turn the NRA against North (and [Ackerman]) to unseat North as President, dilute North’s influence, deflect attention from himself and LaPierre, and terminate the Services Agreement—all to avoid any investigation into his fees and ethical conflicts. Ultimately, the NRA, the media, and the public all relied upon the narrative by (a) ousting North, (b) terminating the Services Agreement, and (c) publishing defamatory statements about [Ackerman], including to the media.” (p.9)