#BREAKING: A judge has ruled in our favor and rejected the @NRA's attempt to claim bankruptcy and reorganize in Texas.
The @NRA does not get to dictate if and where it will answer for its actions, and our case will continue in New York court.
No one is above the law.
— NY AG James (@NewYorkStateAG) May 11, 2021
Per the AP [including excellent, if potentially scarifying, photo of LaPierre]:
… The judge was tasked with deciding whether the NRA should be allowed to incorporate in Texas instead of New York, where the state is suing in an effort to disband the group. Though headquartered in Virginia, the NRA was chartered as a nonprofit in New York in 1871 and is incorporated in the state.
Judge Harlin Hale said in a written order that he was dismissing the case because he found the bankruptcy was not filed in good faith.
“The Court believes the NRA’s purpose in filing bankruptcy is less like a traditional bankruptcy case in which a debtor is faced with financial difficulties or a judgment that it cannot satisfy and more like cases in which courts have found bankruptcy was filed to gain an unfair advantage in litigation or to avoid a regulatory scheme,” Hale wrote.
His decision followed 11 days of testimony and arguments. Lawyers for New York and the NRA’s former advertising agency grilled the group’s embattled top executive, Wayne LaPierre, who acknowledged putting the NRA into Chapter 11 bankruptcy without the knowledge or assent of most of its board and other top officers…
The NRA’s financial standing has been upended by the coronavirus pandemic. Last year, it laid off dozens of employees, canceled its national convention and scuttled fundraising. The NRA’s bankruptcy filing listed between $100 million and $500 million in assets and between $100 million and $500 million in liabilities. Still, the organization claimed in announcing the move that it was “in its strongest financial condition in years.”
It’s only a flesh wound!
NY AG Letitia James on a press call on NRA now — says she expects a 2022 trial … and her office is seeking:
–removal of Wayne LaPierre
–restitution, penalties
–dissolution of the NRA— Tim Mak (@timkmak) May 11, 2021
The end result in this effort to avoid the New York AG?
-NRA spent millions of dollars on a bankruptcy trial (they've spent $72 MILLION in less than three years in legal fees)
-Their embarrassing dirty laundry is aired for the public
-They're right back where they started
— Tim Mak (@timkmak) May 11, 2021
It should go without saying that the dismissal of the bankruptcy means that the NRA's risk for being shut down entirely has risen today
— Tim Mak (@timkmak) May 11, 2021
Here's my latest:
Judge Dismisses NRA Bankruptcy Case, Heightening Risk For Dissolution Of Group
I'll also be on @npratc All Things Considered this hour talking about the latest developmentshttps://t.co/zR0GtYq7Ae
— Tim Mak (@timkmak) May 11, 2021
ETA:
The NRA's desperate gambit to escape New York oversight was shot down by a judge named Harlin "Cooter" Hale I love this country so fucking much https://t.co/MjuOsgfyhX
— Zd (@Zeddary) May 11, 2021
Frank Wilhoit
Isn’t there a competing organization standing ready to sop up all the members?
Baud
It’s nice to see people who have been getting away with stuff not get away with something.
Baud
OT: just heard that Biden got Uber and Lyft to give free rides to vaccine centers.
?BillinGlendaleCA
Tots and Pears.
Minstrel Michael
@Frank Wilhoit:
My first thought was Qanon, but they don’t actually compete, do they?
Another Scott
@Frank Wilhoit: Yes. Adam has mentioned that there’s another group out there that (IIRC) regards the NRA as squishes.
“gun 0wners of ‘merka” or something like that.
Cheers,
Scott.
Poe Larity
IDK, what’s wrong with saddling members with decades of funding legal costs? These are the people on YT laughing about using their stimulus checks to buy more guns.
MattF
It’s seemed to me that news reports about this had an underlying “We can’t say the NRA’s case is bullshit, but, yeah, it’s bullshit” tone. And this result tends to confirm that feeling. There actually are laws and regulations about this sort of thing and the NRA actually has to obey them.
Yutsano
I’m evil. I want their taxes now too.
Jeffro
Gee, ya think? (but seriously thanks judge!)
?BillinGlendaleCA
@Frank Wilhoit: How many real members the NRA has is an interesting question. Technically, I’m probably counted by them as a member since one of my dad’s friends gifted me with a life membership when I was a teenager. Then there’s the ones that are dead…
MattF
@Frank Wilhoit: It’s the money trail that matters, and we’re going to find out about that.
germy
debbie
This announcement is very welcome at the end of a very shitty day.
Mike in NC
Been a rough few years for the NRA. Infiltrated by the Russians, etc. Wayne’s also looking a tad desiccated these days. All good.
dmsilev
So sad.
germy
Another Scott
Good, good. Competence matters.
(As promised – ) A few days ago (yesterday? hard to tell these days) we were talking a little about pot laws (in the AL thread about a BBC report on ethnic Chinese working at an illegal pot growing outfit on Indian land).
Juanita Jean:
[ boggle ]
Read the whole thing.
Shocking, but, honestly, not surprising. As I mentioned in the previous AL thread, whenever the laws and rules aren’t uniform, and lots of money is at stake, there’s going to be corrupt people doing all kinds of skeevy things to try to get their piece of the action.
I hope the DoJ goes after the lot of them.
[sigh]
Cheers,
Scott.
germy
@Mike in NC:
Infiltrated by the Russians? If infiltrated means the NRA held the door open and said “come on in!” then sure. It was more like an open invitation.
trollhattan
The NRA’s new strategy: Open new Texas HQ incorporated as the National Rahffle Association, a 501(c)(3). (Both religious and edd-you-ka-shun-al)
debbie
@Another Scott:
The Ohio affiliate is pretty vociferous around here. There’s another noisy group named Buckeye Firearms Association. I’m hoping they fight each other to the death.
Tony Jay
So, if and when the NRA loses the court case and goes swirling, swirling, swirling down the U-bend of lost causes, who gets its documentation and financial records? Because that’s where the evidence of Russian collusion and suchlike is going to be, right?
I guess what I’m asking is how this all works?
WaterGirl
@germy:
I think I want to marry this tweet.
debbie
@germy:
And yet, this is what I heard earlier today:
I call bullshit on this Kent State comparison.
Link
Jeffro
Jeff Flake kinda sorta firing for effect here (Jeff where was this speech when you were in the Senate, or even as you were on the way out the door?)
MattF
Another Retired Republican states the obvious in the WaPo.
ETA: As Jeffro just noted.
Jeffro
@debbie: it’s a pretty novel defense
paraphrasing a tweet I saw earlier today, “so his defense is, ‘I refused to use authorized state power against a premeditated and violent mob bent on overthrowing legal, authorized, state proceedings’…WTF?”
debbie
@Mike in NC:
Save your pity for La Pierre’s travel consultant who was paid $72,000 per month. //
germy
I love how busy she is:
rikyrah
??????????
germy
@WaterGirl:
I’ll be the ring bearer.
WaterGirl
@debbie: Trying to avoid the appearance of a military coup by letting an insurrection go unchallenged. I’m either giving him very bad marks for judgment on his performance review, or I’m calling bullshit on his whole statement.
Strongly leaning toward the latter.
Jeffro
@MattF: “THIS FRAWG BEEN BOILIN’ FER SOME TIME NOW”
j/k Flake is way more urbane than that
but the gesture is appreciated regardless!
MattF
@Tony Jay: I’d bet Ms. James can answer that
ETA: Also, bear in mind that a part of NRA ‘management’ is currently at war with LaPierre.
WaterGirl
@germy: I’m honored. I’ll let you know what color your suit should be so we can coordinate.
germy
@debbie:
I made the mistake of watching the Wayne La Pierre “hunting” video. He and his wife murdering big beautiful animals. I guess I was hoping it would end like Hemingway’s The Short Happy Life of Francis Macomber, but unfortunately it didn’t.
Anyway, one thing was obvious: La Pierre doesn’t understand basic gun safety. He pointed his gun at his guide. The guide had to approach him and gently nudge his gun away, so it wasn’t pointing at him.
Jeffro
@WaterGirl: he knew the trumpistas were going to a) be there in the first place and didn’t want them impeded b) be violent, probably, and didn’t want them to get lit up.
It was all so very cool: storm the Capitol and stage a “people’s insurrection” where the vote count is rejected and DJT is reinstated as
emperorer president for another4er 40 years.Except…the zip ties? “Naaaaannncy, where are youuuuu”?
We came *this * close to having dozens of Reps and Senators executed on the Capitol steps.
germy
@Jeffro:
I know I’m a bad person for wishing they’d roughed up Mike Pence a little. Maybe punch him a few times before guards could whisk him away.
Might make it more difficult for the GOP trumpers to defend their choices.
Baud
@WaterGirl:
In America, we have a long tradition of civilian coups.
MattF
@Jeffro: My own opinion is that it was Trump’s cowardice and dishonesty that saved the day. Trump said he’d go to the Capitol, but, um, changed his mind.
germy
This used to be the NRA’s “pinned” tweet. But no longer…
debbie
@WaterGirl:
When they show up with weapons and gallows rather than signs and protest songs, there ain’t no similarity.
Ksmiami
@Jeffro: and that’s why this needs to end in public hangings or death by firing squad of the perpetrators
Steve in the ATL
@Jeffro: what a powerful statement about today’s Republican Party—Liz Cheney has too much integrity for it.
Wow.
gene108
@Frank Wilhoit:
There are several. Adam Silverman would know the list a lot better than me.
I’m a bit familiar with Gun Owners of America. It’d be my guess they are waiting eagerly to pick at the remains of the NRA.
Keep in mind, GOA and other gun lobby groups view the NRA as a bunch of liberal squishes, who do not fight hard enough for gun rights.
The GOA founder Larry Pratt has ties to white supremacist groups.
Basically, the current NRA is the high watermark for rational, well thought pro-gun arguments against gun control in this country from gun lobby groups.
The real issue is how many members does the NRA really have? How many will pay dues to another organization?
If the NRA’s membership count is overstated, the existing groups may not get enough members or money to be the lobbying force the NRA has been for 40 years.
Secondly, before the NRA went into right-wing politics, they had a 100 year history of being rational on gun control.
None of these groups have that going for them. None of them have a patina of credibility that opponents have to chip away at. They have been radical from the get go, which should hopefully help counter whatever lobbying muscle they might pickup.
Another Scott
@Jeffro: [ snort! ]
Cheers,
Scott.
debbie
@Jeffro:
Don’t forget the gallows.
I watched Don Lemon’s interview with Michael Falcone (sp?), one of the Capitol cops. At one point, they showed the video of him being dragged down the stairs by the mob and being beaten…with, among other things, that fucking thin blue line flag! Good god.
MomSense
Somewhat OT although some of the beneficiaries of this are people who hunt, Maine’s Governor announced the Your Shot to Get Outdoors.
Very smart!
https://www.maine.gov/governor/mills/news/during-discussion-president-biden-governor-mills-announces-your-shot-get-outdoors-public
Another Scott
@MattF: It’s a long walk from the Ellipse to the Capitol. He would have keeled over before making it half-way.
Cheers,
Scott.
Steve in the ATL
@germy: I’m a member in good standing of the State Bar of Georgia and I will defend it pro bono in this case!
Unless, of course, it’s looking for competent counsel.
Steve in the ATL
@MomSense: didn’t read the article, but can Mainers now shoot the unvaccinated?
Tony Jay
@MattF:
As long as someone else is doing the ‘thinking of the children’ bit I’m good to go with the popcorn and the alcoholic beverages.
Rooting for injuries and surprise confessions as the rats start realising that this is really happening to them.
Steve in the ATL
@trollhattan: speaking of cultural appropriation, did you see that the new Black Keys, a band from Cleveland, Ohio, have a new album, “Delta Kream”, named after the cover photo, which was taken in the Mississippi Delta by obscure area native William Eggleston?
Baud
@Steve in the ATL:
Yes, the unvaccinated are now officially classified as moose.
WaterGirl
@Jeffro: I wish I could disagree with your take.
scott (the other one)
Asserts facts not currently in evidence.
Steve in the ATL
@Tony Jay: you totally ruins my trifecta. To the pie filter with you, crumpet-stuffing Scouser!
WaterGirl
@debbie: Totally agree.
MattF
@Tony Jay: Tax lawyers sometimes need to have a heart-to-heart talk with their clients, i.e., ‘You’re going to prison for this’. It has an effect, so I’m told.
Steve in the ATL
@Tony Jay: ironically, I had popcorn and red wine last night!
And [insert everything I eat] and red wine every other night….
WaterGirl
@MomSense: That is very smart!
Meet the people where they are.
Baud
OT.
Kay
I think the NRA’s troubles helped us beat Trump:
The gun nutters weren’t as riled up as they usually are because Wayne spent all their money on chartering planes and caviar. It’s great.
Steve in the ATL
@Baud: Balloon Juice has lost several front pagers for the same reasons
WaterGirl
@MomSense: I’m so glad you have a sane governor after all the years you had to endure the other kind.
Baud
@Kay:
Hard to believe that there was a gun nut who stayed home in 2020, but I’ll take it.
MomSense
@Steve in the ATL:
If only!
WaterGirl
@MomSense:
Steve in the ATLSteve in Maine for Senate!sdhays
@WaterGirl: With a Dump appointee, it could easily be both.
David ? ☘The Establishment☘? Koch
And we say farewell to Saboteur Norman Lloyd who passed away at age 106.
gene108
@Tony Jay:
There’s no law against a 501(c)3 nonprofit getting money from foreign nationals, which the NRA is. The 501(c)3 designation applies to the NRA, a local youth center, and many other nonprofits.
501(c)3’s are prohibited from actually engaging in any political support or lobbying legislators or other government entities.
The NRA operates a separate 501(c)4* lobbying organization. 501(c)4 organizations are not-for-profit as well, but exist to engage in lobbying, political advocacy of issues, support candidates, etc.
Rules governing foreign contributions to support candidates would cover the 501(c)4 entity, which is where the NRA could be in real jeopardy, if they used Russian money to support candidates.
As far as learning anything from their books, it depends on how much time and money someone is willing to spend sorting through it, as well as how well the NRA kept its books.
Nonprofits in the USA, like the NRA, have to disclose their financial records to the public. They file form 990, with the IRS, which is an information return that lists revenue, sources of revenue, large donors, compensation of officers, board of directors, how much went to different aspects of the nonprofits mission like fundraising, core programs, staff salaries, etc.
From what I have been reading the NRA did not do a good job in keeping its books in an honest manner, therefore tracking how much, if any, Russian money was used for campaigns is either going to be difficult because of poor record keeping or incredibly easy, because Wayne and the boys are too arrogant to cover their tracks.
I’m not holding my breath that any big revelation will come out about the Russia money, unless the federal government jumps into this investigation
*Edit 1: 501(c)4 donations are not tax deductible for the donor.
Edit 2: Edited first sentence
David ? ☘The Establishment☘? Koch
@debbie:
If BLM and Aunt Tifa were destroying the Capitol and savaging cops he wouldn’t have been concerned with Kent State
Tony Jay
@Steve in the ATL:
That was a crumpet? I thought it was cherry pie!
I am so grounded.
Steve in the ATL
@WaterGirl: I’ve hired Baud’s campaign manager so I’m optimistic about my chances
Steve in the ATL
@gene108:
This is my shocked face
Tony Jay
@MattF:
Oh, I bet it does. Thoughts. Prayers. Nicer People. Yada Yada.
@Steve in the ATL:
Ah, the tried and tested Mediterranean diet? Very good. Very wise.
WaterGirl
@Steve in the ATL: Excellent choice! I believe I was tapped to be Baud’s Valerie Jarrett in 2016. Just thought I would mention that in case you need anyone with my skillset.
David ? ☘The Establishment☘? Koch
trollhattan
@Steve in the ATL:
My god, who do they think they are, Big Star?
Iconic photo. I believe we’re gazing at a 1970 Cutlass. Do I recall correctly he’s your uncle? How’s he doing?
sab
@Steve in the ATL: Black Keys are from Akron, not Cleveland. They all went to Firestone High School.
Gvg
@MattF: my understanding is his lawyers told him that would get him convicted and/or the secret service told him it was too dangerous to him personally. I got that impression from reading news before hand, but I don’t recall it being explicitly stated.
Tony Jay
@gene108:
So, as ever, it all comes down to someone putting the time and effort into uncooking the books and following the money?
You’ve got to think that the DoJ, given the sheer scale of what almost resulted when foreign money and influence installed a creature like Trump in the White House, would be willing to invest the necessary effort, But what do I know?
gene108
@Baud:
This is why government must curtail benefits to the out of work. Give those no good restaurant workers no choice but to go back to their jobs.
//sarcasm
MattF
@Gvg: Well, possibly. But Trump’s various lawyers and bodyguards understand that they have to tell him what he wants to hear. I’m not saying it would have been the safe thing to do, just that he didn’t have the guts to do it.
trollhattan
Texas kid wins his state 1600m championship race doing the last lap+ in one shoe. Wonder how Nike markets that?
Kay
@Baud:
Trump never got the exhaustive public post mortem losing presidential campaigns always get.
He distracted us by pretending he won! I was looking forward to the sad story of election night at Trump Headquarters. Why don’t one of our 5000 political reporters write this story? They wrote a whole book about Clinton losing.
trollhattan
@David ? ☘The Establishment☘? Koch:
In real time I was wondering WHERE’S THE BODY ARMOR, HELMETS, AND RIOT GEAR LIKE WE’VE BEEN WATCHING ALL LAST YEAR? I was pissed they showed up in small numbers, dressed like it was high school science fair crowd control. The Pentagon slow-walking assistance has to be investigated in detail.
Jeffro
Just on a quick tangent: ‘normie’ Ms. Fro is just now hearing about Kimberly Guilfoyle’s many many character defects and I am dying at her entirely normal reaction.
LOL
debbie
@David ? ☘The Establishment☘? Koch:
Indeed. ?
Spanky
@David ? ☘The Establishment☘? Koch:
And the contrarian stock market is flipping out about “inflation fears”. And ghosts under the bed, also too.
debbie
@Spanky:
They’re terrified they might have to start paying {shudder} interest. ?
trollhattan
BoJo really is just another Republican.
Ken
I assume this reflects the ranges on some sort of disclosure form, and not absolutely abysmal accounting practices. Though I would have thought a bankruptcy filing would require more precise figures.
gene108
@Tony Jay:
I’m pretty sure this issue has come up before, when everyone found out the NRA got millions of dollars from the Russians. I think the NRA’s defense was that they did not co-mingle the funds from Russia with money going to campaigning.
If they did co-mingle funds from the Russians with their campaign funds, it was done in a manner that’s not glaringly obvious.
I think a more likely scenario is the Russian money subsidized their 501(c)3 operation, so their domestic fundraising could be almost entirely shifted to the 501(c)4 campaign arm for the 2016 election.
Jeffro
@MattF: that, and the fact that the insurrectionists were somewhat disorganized, and lacked the weapons (in hand, anyway) to fully execute their plan.
But they had those pipe bombs at the DNC and RNC to draw away the police
And they obviously had a ton of inside help from the GQP lawmakers and some Capitol police (to say nothing of DoD)
And they had that group waiting across the river with weapons
And and and
America really needs to wake up. We could have had dozens of elected officials executed on the Capitol steps or in the House chamber.
Jeffro
@Ksmiami: I’ll settle for life in Supermax for all of them, but the sentiment is about the same
Jeffro
@debbie: yeah, Fanone, the OFFICER that they tased multiple times and then beat with the thin blue line flag.
Make. Them. Own. It., Dems. It’s crucial to pulling the GQP’s mask off.
Steve in the ATL
@trollhattan: old and, contrary to all reason, still alive
@sab: I’m not clear on the difference.
j/k—is Luigi’s still there? Good restaurant as I recall
Patricia Kayden
mrmoshpotato
@David ? ☘The Establishment☘? Koch: ☹️☹️☹️
RIP Frank Fry.
zhena gogolia
@David ? ☘The Establishment☘? Koch:
Oh, he was great.
Dmbeaster
The idea that the NRA filed BK without board approval is a laugh riot. Who the hell was their bankruptcy counsel?
zhena gogolia
@debbie:
Fanone. Every American should watch that whole interview.
Dmbeaster
@Ken: LOL. It does reflect the boxes on the general form. The schedules themselves should be precise, assuming that they filed them. Its possible given the mickey mouse nature of the filing that they had not filed the schedules yet. Which becomes a data point for finding a bad faith filing.
Steve in the ATL
@Dmbeaster: Lin Wood?
Uncle Omar
I would suggest that Mr. LaPierre lock himself in the library of his yacht with a Browning .45, put the muzzle under his chin and pull the trigger as many times as it takes to relieve himself of the head-ache he must be feeling tonight. And I will then send my thoughts and prayers.
Leslie
I wonder if the NRA spent all that money on legal fees in part to exhaust their assets before the NYAG can seize them. If anyone there was smart enough to know the bankruptcy attempt was likely to fail, it would make sense.
Hoppie
@debbie
Kent State resulted from exhausted national guard (part timers) coming off protecting overpasses from Teamster terrorists. They were not physically or mentally prepared, or rested.
It was almost designed to fail.
I was (almost) there. Class of ’70 in Ohio. I knew students at Kent. We were blown away.
For you young’uns, that was THE breaking point for many. And then the effing 70’s were worse, with Nissinger and Kixon (maybe I’m confused) confirming every prejudice.
I still try to fight the fight. It is a bit tedious, though.
Enhanced Voting Techniques
Latest Win10 update has a new “feature” that basically forces Edge on the time continuously streaming the news.
Odie Hugh Manatee
@Enhanced Voting Techniques:
In Edge, go to the settings gear and then Custom/Content and set to “Content off”. If that option isn’t visible then change your screen scaling to 100% and try again!
WaterGirl
@zhena gogolia: I watched a video that was labelled part 1, and that was powerful. But I never saw a part 2. Did I miss it?