While most attention is focused on the Manhattan courtroom where Judge Joel Cohen and a six person jury will decide the fates and futures of all the defendants in New York state’s case against the National Rifle Association, another group of NRA members are working behind the scenes to help chart a course forward for the beleaguered organization, no matter the final verdict.
According to current board members I’ve spoken with in the past 24 hours, the latest briefing given some board members by NRA attorneys didn’t talk about the current trial. Instead, the major portion of the briefing concerned the appeal process and how they would see moving forward.
Admitting appeals are in the works is, essentially, a tacit admission the attorneys aren’t thinking they’ll win a decision. In their defense, it’s tough to win any case where the defendants have already admitted committing offenses only alleged by prosecutors.
But it’s easy to forget this case is not just convoluted; it’s bifurcated. There are two parts of the case: the Attorney General’s actions against the individual defendants (Wayne LaPierre, Wilson “Woody” Phillips, John Frazier, and Josh Powell) and the action against the organization itself for a variety of alleged acts of malfeasance, from misuse of member funds to a lack of corporate governance.
Whatever the outcome, the individuals’ admission of the misuse/misallocation of funds, allegations of retaliation against whistleblowers, and other admitted missteps, the entire case has been an embarrassing nightmare for the industry. While corporate executives still profess support for the idea of the NRA, they’ve quietly continued to keep the purse strings closed.
As neither portion of the case has been decided by a jury, it’s only conjecture as to the ultimate outcome. And the historic courthouse at 60 Centre Street, New York City, New York 10007, has seen its share of unexpected outcomes.
But it’s also safe to say there’s not a lot of optimism being expressed by corporate leaders and many disgusted individual NRA members.
Whatever the verdict, and whatever the appeals process being discussed (or planned) by board members still-loyal to LaPierre, other NRA members - including current and former board members- are working furiously in the shadows to prepare and execute a strategy to counteract what they see as “another convoluted strategy” to protect the status quo - in the NRA’s current leadership.
They believe that strategy includes a plan to hold a “Zoom call emergency board meeting” to appoint current NRA president Charles Cotton “acting EVP” to fill the position Wayne LaPierre will vacate no later than the end of January.
To the reformers, the whole plan is part of some greater scheme to avoid making any changes in the way the NRA currently operates. They say it won’t diminish the outsized influence of “Wayne’s insiders” and anything that doesn’t remove their access to NRA finances is simply setting the stage for future abuses.
Should the LaPierre loyalists succeed, the dissenters believe they believe it validates the New York AG’s assertion that the NRA’s claims of “reform” fail to stand up under any serious scrutiny.
They’re working on a radically different solution.
They believe that any legitimate reform must begin with a purging and significant downsizing of the current 76-member Board, ouster of current senior leadership and strict adherence operating guidelines going forward.
“A special master wouldn’t be the solution I’d prefer,” one outraged current member told me, “it gives the NYAG a big voice in how the NRA operates going forward. But, if that’s what it takes to clean the NRA up and get it operating correctly, it’s a better solution than letting LaPierre loyalists get away with saying they’ve changed things -because they haven’t.”
They realize that bringing the National Rifle Association back to its mission and operating according to strict guidelines may ultimately lead to their being removed from the board and potentially banned from future leadership. That, they say, is a small price to pay to preserve the organization.
Meanwhile, the trial grinds on in New York City. As it does, we’ll keep you posted.
—Jim Shepherd