NRA Trial Phase 2, The Final Trial Day
Today in Court
Today was the last trial day in the NYAG’s case against the NRA, former NRA CEO Wayne LaPierre and current NRA Secretary John Frazer. The court first heard brief testimony from LaPierre and Frazer, which was followed by closing statements from each of the parties. Judge Cohen then issued a decision barring LaPierre from NRA employment for 10 years and requesting that the parties file post-trial briefs regarding certain structural changes to the NRA’s board, and the appointment of an independent compliance consultant.
Summary of Today’s Testimony & Closing Statements
LaPierre complained that he “would be very offended” by a potential bar from NRA employment. LaPierre further stated that he has no intention of returning to the NRA, but believed he could potentially offer the organization future fundraising assistance. Judge Cohen pointed out to LaPierre that the remedy would only bar him as a paid fundraiser and he could help the NRA as long as he is not paid. LaPierre responded that he “would help the NRA in any way” but that he should have the right to be compensated should the NRA choose to do so.
Frazer largely defended the NRA’s supposed course correction. He also testified that NRA board members leaking information to the public has “been a longstanding concern,” claiming that financial data, membership information, and political and legal strategies were proprietary information.
Sarah Rogers delivered the NRA’s closing argument, arguing that the organization had successfully corrected course and therefore did not need an independent monitor. When asked by the judge about the organization covering legal fees for officers that had wronged the organization, Rogers said that the NRA would take a “nuanced view.” She also claimed that despite Hamlin’s “auspicious start” as Executive Vice President, the search committee for the position was still “open to other candidates,” two ideas which the judge noted don’t reconcile. Meanwhile, Rogers said that the barring of LaPierre, whom she called a “visionary leader,” from the organization was unacceptable, but then said that the organization did not see any harm in barring him.
Frazer’s and LaPierre’s attorneys separately declared their opposition to the NYAG’s remedies. LaPierre’s attorney claimed that LaPierre “should be honored for the work he’s done” and whether the NRA wants to hire him “to mow the lawn or raise funds […] is beyond the purview of this court.”
The NYAG’s closing argument focused on the fact that NRA leadership, many of whom were responsible for oversight when the NRA was failing to follow nonprofit law, had failed to take accountability and continue to minimize the conduct “to this very day.”
The Court’s Ruling
Finally, Judge Cohen issued his ruling. Judge Cohen stated that though NRA leaders had demonstrated “a stunning lack of accountability” by minimizing the organization’s illegal conduct, he had decided against the appointment of a monitor.
Judge Cohen also ruled that LaPierre should receive a 10-year ban from serving as an officer of any New York not-for-profit organization and declined to restrict Frazer’s role at the organization.
What’s next?
Judge Cohen announced that there will be a post-trial briefing where the court will seek to incorporate some or all of certain NRA compliance commitments (which have not yet been passed by the NRA Board) in a court order. The judge laid out several options for targeted relief for the parties to agree on in a potential consent order, including:
- making some temporary changes to the board elections to allow “new voices” to get elected;
- mandating the NRA hire a compliance consultant of its choice for a period of three years;
- removing leaders from the Audit Committee who had been in those positions when the illegal conduct occurred;
- extending the term of the in-house chief compliance officer from one year to three years and ensuring that they can only be removed for good cause; and
- creating a by-law referendum to give members the opportunity to decide whether to shrink the size of the NRA’s board.