NRA v. Ackerman, Virginia

NRA’s Memorandum in Support of its Plea in Bar

October 1, 2019

Filing Summary

This brief focuses on legal arguments for why the NRA believes Ackerman’s Counterclaim for “Abuse of Process” should be dismissed.  Namely, the NRA argues as a matter of law that the filing of a lawsuit cannot be the basis for such a claim, and the so-called “litigation privilege” also protects statements the NRA may make in court filings.  Factually, the NRA argues that issuing subpoenas to five NRA board members does not amount to abuse of process. 

Key Points

  • The NRA asserts that the five NRA Board members it sought deposition testimony from were Dan Boren, Oliver North, Lance Olson, Robert Pincus, and Anthony Ferate. (p.15). 
  • The exhibits to this motion, which are quite lengthy, include the subpoenas to the witnesses the NRA sought testimony from. The document subpoenas appear to indicate the NRA’s interest in materials created during the 2019 NRA Convention, communications and/or payments from Ackerman McQueen, and communications about alleged “leaks.”