Happy 243rd birthday, America!
Enjoy some random (and not so random) fireworks videos:
Safety last:
Merica:
Have a happy and safe Independence Day!
Happy 243rd birthday, America!
Enjoy some random (and not so random) fireworks videos:
Safety last:
Merica:
Have a happy and safe Independence Day!
This anonymous piece from a longtime lawyer and NRA watcher covers some of the same ground as my previous NRA pieces, but with a lot more background.
It’s been an open secret for more than 20 years (since at least the 1990s) that an outside public relations firm, Ackerman McQueen Inc. (around NRA headquarters, commonly called “Ack-Mac”) enjoyed a favored and protected, if not inviolate, relationship with NRA. The owners of Ack-Mac were close friends and associates of NRA Executive Vice President Wayne LaPierre. He handed them major roles formulating, directing and performing many NRA operations for which Ack-Mac and its associated companies bill NRA millions of dollars annually — in 2017 alone, over $40 million. To ensure their position by enhancing his, Ack-Mac created a persona for LaPierre as NRA’s public face; his strident, increasingly right-wing rhetoric espoused in NRA’s name was shaped and scripted by Ack-Mac. In turn he fended off sporadic calls to reduce Ack-Mac’s penetration of NRA. LaPierre and Ack-Mac became practically indistinguishable.
This special relationship and its financial intertwining were largely opaque, fully appreciated only within inner circles of the 76-member Board of Directors. Though payments to Ack-Mac accounted for a large chunk of NRA’s budget until recently Ack-Mac was unmentioned in annual reports or minutes of the Board’s meetings, it was as if Ack-Mac didn’t exist. The full extent of Ack-Mac’s influence, participation, and responsibility for NRA’s high-level management decisions remains, to this day, obscure.
I knew Ack-Mac had been working for the NRA for quite a while, but I didn’t realize for how long, and how mention of Ack-Mac had been kept out of annual reports.
As Executive VP, LaPierre’s annual salary is $1.4 million. It’s hard to identify the value a non-profit association receives for that kind of money. The President of the United States is paid less than one-third of that; the Secretary of Defense gets only $210,700, and the base salary of a U.S. Senator is $172,000.
Also still on the NRA’s payroll is Joshua Powell, recently removed as director of General Operations (drawing nearly $800K) after being exposed in national media as a serial deadbeat. The most cursory vetting before he was hired would have disclosed his trail of failed businesses and bad debts. The architect of the crashed Carry Guard program and the spark that lit the legal fuse with New York sate, Powell is now a “senior strategist” and still LaPierre’s “chief of staff.”
More information gleaned from the NRA’s IRS Form 990:
This 100-page document, released by NRA only last November, was unusual; it contains unprecedented disclosures of where the money categorized as expenditures for “fund-raising” and “public relations” actually went. For example, it was revealed for the first time the Mercury Group, an Ack-Mac subsidiary run by LaPierre’s closest confidant, Tony Makris, received $5.8 million from NRA in that year; another Makris-run company, Under Wild Skies, got $2.6 million. Meanwhile, NRA has nearly exhausted its $25 million credit line (secured by a mortgage on its headquarters building), liquidated $2 million from an investment fund, borrowed close to $4 million from its officers’ life insurance policy and extracted about $5 million in office rent and overhead from the NRA Foundation.
This, in the same year that NRA’s 10 highest-paid executives received compensation aggregating over $8 million.
Snip.
If indeed, as [current NRA President a LaPierre backer Carolyn Meadows] claims, “the entire board is fully aware of these issues,” the issue of managerial dereliction takes on a new dimension. To claim that these controversial contracts, transactions, and expenses were “reviewed, vetted and approved” by the board is to ratify and accept liability for them.
It begs the next question: Is the Board doing anything to stop the financial hemorrhage? Does it even have a coherent plan? So far the membership has heard nothing but bland reassurances suggesting that “everything is on track”, coupled with whining about leaks to the press.
Can directors with a fiduciary duty to a non-profit membership association justify sports-star salaries, uncontrolled and unaccountable vendors and $100,000-a-day lawyers? The membership deserves credible explanations and plain answers. If these are not forthcoming, who could blame it for throwing out the entire board and starting over?
The author is particularly critical of William Brewer III’s legal briefs. “In over 50 years as a practicing attorney, I have never encountered a lawyer, or even an entire firm, whose services were worth $1.8 million in a single month — much less for ten consecutive months.”
Finally, there’s the revelation that Woody Phillips, the NRA’s just-retired Treasurer for 26 years, broadened the now-all-too-familiar profile of NRA’s salaried executives. The prior norm seemed to be enrichment through extraordinary salaries, conflicts of interest, double-dipping, sweetheart deals, and extravagant retirement schemes. Woody has added the word “embezzlement.” According to a June 19 article on The New Yorker website, his former employer asserts that before Woody came to NRA, he was caught stealing more than a million dollars by generating and paying fake invoices. Unless this story is a complete fabrication, the evidence seems incontrovertible: when he was confronted, the story discloses, Woody immediately returned $500,000 of it and started paying interest on the balance. This comes on the heels of separate reports of questionable payments made by NRA to Woody’s “significant other.” Was his earlier modus operandi revived with a slight twist?
The author ends, as I did, with a call for a forensic audit.
The more we find out about how the NRA has been run, the worse it seems. The crisis started out looking like a case of lax management, but the deeper you dig the more it looks like a case of systematic looting. The more I read about the NRA, the more convinced I am that the current leadership has to go.
(Hat tip: No lawyers – only guns and money. )
That’s not how the statute is worded, but I’m jumping ahead to the practical effects:
After emotional testimony last week regarding homelessness in Austin, City Council members rescinded prohibitions on camping on public property. Starting Monday, so long as they are not presenting a hazard or danger, people will be able to sleep, lie and set up tents on city-owned sidewalks, plazas and vacant non-park space.
Except, not in front of City Hall itself.
City Hall building guidelines implemented by former City Manager Marc Ott in 2012 disallow anyone from using the outdoor plaza, covered amphitheater or raised mezzanine from 10 p.m. to 6 a.m. unless a city meeting is going on inside. The rules specifically prohibit sleeping, camping, storing personal property and erecting tents.
Well, we can’t let transient drug addicts and lunatics hassle city employees. Their antics are only supposed to degrade the lives of regular law-abiding Austinites.
Evidently the Austin City Council looked at the poop-bedecked streets of San Francisco, the needle-strewn yards of Seattle, and the rat and typhus-infected tent cities of Los Angeles and said said to themselves “Hey, that’s just what we need in Austin! Our streets are far too feces- and needle-free!”
Note that every city council members except Alison Alter and Kathie Tovo voted to turn Austin into an open sewer.
Governor Abbott is promising action:
If Austin— or any other Texas city—permits camping on city streets it will be yet another local ordinance the State of Texas will override.
At some point cities must start putting public safety & common sense first.
There are far better solutions for the homeless & citizens. https://t.co/xYezoovVCg
— Greg Abbott (@GregAbbott_TX) June 24, 2019
Look at this insanity caused by Austin’s reckless homeless policy.
All state-imposed solutions are on the table including eliminating local sovereign immunity for damages and injuries like this caused by a city’s homeless policy.
The horror stories are piling up. #txlege https://t.co/WkBryvLKWU
— Greg Abbott (@GregAbbott_TX) July 2, 2019
Iowahawk has some observations:
RIP South Congress
— David Burge (@iowahawkblog) July 1, 2019
Other tweets on the subject:
Wake up Austin City Council! If you haven’t noticed, this is what you are doing to Austin, by allowing the homeless to claim public spaces as personal real estate. This is a travesty! https://t.co/0WzKt8mLjA
— Karen Choate (@kchoate) June 28, 2019
This policy helps no one. I’ve lived in downtown Austin for over 3 years now. The homeless population has exploded (can’t overstate, exploded) and they are now setting up in every covered space. They have gotten very aggressive and large parts of the city are filthy. https://t.co/NVmwpgfbue
— Tyler Norris (@TXTylerNorris) July 2, 2019
The People’s Republic of Austin isn’t as far-gone as San Francisco yet, and this might just engender a widespread revolt by “liberal but not entirely insane” Austin voters who rank their own health and safety over virtue displays of just how woke they are. Dwight has a handy contact page for members of the Austin City Council, and regular Austinites should let their offices know, a great length, just what they think of the decision.
Los Angeles is suffering from a huge homeless crisis:
Everybody knows about the 36,000 homeless on the streets of LA, over 60,000 in the county, replete with human feces and syringes littering the sidewalks, along with rats, typhus and even rumors of bubonic plague.
And those figures are what we’re told. No one, if you can trust the comments sections in the LA Times or the Next Door app for my old Hollywood neighborhood, remotely believes them. They could be three or four times the number. And how do you take a census of the homeless anyway? They are inherently nomadic. But everyone knows they are everywhere, along those sidewalks, under the freeway underpasses, even in the brush up by Mulholland Drive. Maybe they should add homeless encampments to the Disneyland Mulholland ride.
But why has this happened in a place that is so rich it is the fifth biggest economy in the world by itself, ahead of the United Kingdom and just behind Germany? Can’t they just throw money at the homeless and make them go away?
Not so easy. It’s been tried, at least to some extent. Shelters, some of them well built, have been constructed all over the city but the homeless don’t want to stay in them. The reason is these shelters are drug-free zones and the homeless of LA (and San Francisco and Seattle) are anything but drug-free. Most are addicts. They prefer to live in tents where they can smoke what they want, shoot what they want, pop what they want.
So homeless encampments keep growing and sprout up everywhere as the syringes pile up.
Here’s a 10 minute drive through of Skid Row that gives you some idea of the size of the problem:
Here we see what the video producers want us to see as a “respectable” homeless person, the “mayor” of the block he pitches his tent on, and how he tells the “rules” to other homeless people camping there, but we also see that once a week city crews have to clean and hose off the block because it’s become a trash heap.
Notice that everyone in the video frames the problem as government needs to do more. Even the homeless guy realizes the promises are empty. There’s no discussion of eliminating California and Los Angeles’ onerous restrictions on building new housing.
Building costs in California are far above those in other states. A recent report indicates that a home that costs $300,000 to build in Texas would cost about $800,000 to build in California. The report cites factors that increase California costs, including the fact that approval of a major development in California is uncertain and that, once approved, construction can take up to 15 years. Another report shows that building “affordable housing” costs about $425,000 per unit in a multi-family development.
Take a moment and consider how many households can afford an “affordable housing” unit that costs $425,000 to build. Assuming a down payment of 10 percent, a household must earn roughly $100,000 to qualify for a conventional mortgage to purchase that home. Unless building costs fall significantly, this means some form of government subsidy—either to the builder or to the buyer—will often be required for these units to be built and occupied. And these subsidies will ultimately be paid for by taxpayers.
Regulations are a major factor behind outrageous California construction costs, and this includes the California Environmental Quality Act (CEQA). This legislation, which was passed by governor Ronald Reagan in 1970, requires that environmental review and protection be part of every state and local government decision-making process. But CEQA needs to be reformed. What was intended as a tool for protecting the state’s environment is now used by political organizations, businesses, labor unions, community organizers—you name it—for their own agendas that often have virtually nothing to do with environmental protection.
A key problem with CEQA is that it allows lawsuits brought by private parties, and a parade of CEQA lawsuits can add many years and millions of dollars in costs to projects. Roughly half of CEQA lawsuits are decided in favor of the plaintiff, which in turn promotes more CEQA-based lawsuits. CEQA serves as a litigant’s tool of last resort, because virtually anyone can easily disguise almost any lawsuit as one that is based on environmental concerns. If it involves building on a plot of land, then the environment is affected, no?
It is interesting to note that relatively few CEQA-type environmental lawsuits are brought in New York, which also has strict state environmental laws. But these types of lawsuits are rarely decided in favor of the plaintiff by New York judges, which in turn discourages parties from bringing these lawsuits in the first place.
Project opposition often emerges after years of planning and community outreach and at times is nothing more than a money grab. Imagine that you are a California developer. You must confront not only outrageously high construction costs but also the uncertainty of how long approval will take and the possibility that it won’t be approved unless you pay off a litany of extortive outside interests. Is it any wonder there is not enough new construction in California? This is certainly not what Governor Reagan or the state legislature imagined would happen when the law was passed in 1970, and this is why CEQA must be reformed.
Several attempts to reform CEQA have failed, blocked not only by environmental groups but also by labor. It is not that labor groups put the environment front and center in their agenda but rather that CEQA gives labor an extremely powerful tool in bargaining with developers.
You know who’s right at home in Los Angeles? Rats, who east scraps and human feces left by the homeless people defecating in the street (just like in San Francisco):
And that, in turn, has brought back the medieval scourge of typhus:
The problem is driving longtime businesses out:
Both California and Los Angeles have become one-party Democratic fiefdoms, where progressive policy preferences have been put into action. Tolerance of homeless drug addicts has meant an increase in homeless drug addicts, just like in Seattle.
Many liberals complain about the unfairness of broken windows policing. But when people elect hard-left Democrats to office they put an end to broken windows policing, and when you stop prosecuting lifestyle crimes, you get homeless drug addicts living on the street, which begets piles of garbage, which begets rats, which begets typhus and other infectious diseases. Sure as clockwork.
And that after this is accomplished, and the brave new world begins
When all men are paid for existing and no man must pay for his sins,
As surely as Water will wet us, as surely as Fire will burn,
The Gods of the Copybook Headings with terror and slaughter return!
Lots more NRA turmoil has bubbled up since my previous piece, including the NRA filing two lawsuits against PR firm Ackerman McQueen and leaks of internal NRA letters expressing alarm over profligate spending. In addition to spending by Ackerman McQueen, a great deal of concern has been expressed over NRA’s outside attorney record Brewer Attorneys & Counselors, headed by William Brewer III. Then this week, NRA-ILA head Chris Cox was suspended and put on administrative leave and NRA-TV shut down production on new content.
Lets tackle these in chronological order.
As he was being shoved out the door, now-Ex NRA President Oliver North and NRA First Vice President Richard Childress penned a letter expressing deep concern about how much of NRA’s money was going to Mr. Brewer:
As indicated in previous correspondence, we and others continue to be deeply concerned about the extraordinary legal fees the NRA has incurred with Brewer Attorneys & Counselors. The amount appears to be approximately $24 million over a 13-month period, $5 million of which apparently has been reimbursed in connection with the Lockton settlement.
The Lockton settlement was the Lockton insurance company reaching an out-of-court settlement to the NRA over breaching a contract to underwrite the ill-fated Carry Guard program discussed last post.
North and Childress complained about “lax management” of Brewer invoices in the past, and pushed for “an independent, outside expert to review the Brewer invoices immediately.”
From April 2018 through February 2019, Brewer was billing the NRA $1 million to $2 million a month. North and Childress stated that “Invoices of this size for 12 months of work appear to be excessive and pose an existential threat to the financial stability of the NRA.”
John Richardson of No Lawyers – Only Guns and Money suggests that Brewer was attempting to become a one-stop shop featuring legal services, public relations and communications, all in one big, expensive, billable bundle. One wonders whether the NRA authorized him to do anything beyond the legal work and, if so, why were they paying him to do some of the tasks they were already paying Ackerman McQueen so handsomely to perform. Richardson also wonders what the attorney of record for the NRA is doing sending political donations to such notable “pro-gun” luminaries as Beto O’Rourke, Patrick Kennedy and Hillary Clinton.
North and Childress aren’t the only ones dissatisfied with NRA leadership. Boards member Lt. Col. Allen West has called on LaPierre to resign. Says West:
I do not support Wayne LaPierre continuing as the EVP/CEO of the NRA. The vote in Indianapolis was by acclamation, not roll call vote. There is a cabal of cronyism operating within the NRA and that exists within the Board of Directors. It must cease, and I do not care if I draw their angst. My duty and responsibility is to the Members of the National Rifle Association, and my oath, since July 31, 1982, has been to the Constitution of the United States, not to any political party, person, or cabal.
The NRA Board of 76 is too large and needs to be reduced to 30 or less. We need term limits of four (4) terms on the Board. We need to focus the NRA, the nation’s oldest civil rights organization on its original charter, mission, training and education in marksmanship, shooting sports, and the defense of the Second Amendment.
I will dedicate all my efforts to the reformation of the National Rifle Association and its members, of whom I am proud to serve.
Rangemaster and attorney Tiffany Johnson’s letter to the board.
I attended the NRA Annual Meeting of Members on Saturday morning, and I am writing about a contentious resolution that came to the floor. The resolution decried recent reports of fiscal mismanagement centered around one of the NRA’s primary vendors, Ackerman McQueen. Among other things, the resolution called for the resignation of members of the Audit Committee as well as the NRA’s Executive Vice President, Mr. Wayne LaPierre. In light of the pending litigation between Ackerman McQueen and the NRA, Secretary Frazer successfully moved that the resolution be referred to the Board of Directors for consideration in consultation with legal counsel.
As a practicing attorney, I fully understand the NRA’s interest in limiting public discussion of sensitive matters that are currently being litigated. I agree that the Association is best served by addressing the resolution internally rather than in the public sphere. However, I also understand the arguments raised against referring the motion to the Board. The resolution cited allegations of financial misconduct, self-dealing, and conflicts of interest within the Board of Directors, the Audit Committee, and other parts of the NRA’s leadership team, based on their alleged mishandling of vendor contracts and other business relationships with Ackerman McQueen. In other words, referring the resolution to the Board would be, in effect, asking the Board to adjudicate allegations against itself.
I want the National Rifle Association to succeed. At Saturday morning’s meeting, Mr. LaPierre himself warned of the mounting existential threats we now face, both in the courtroom and in the court of public opinion. Given the intensified scrutiny facing the Association right now, I fear that yet another maneuver of impropriety (whether real or perceived) could be a proverbial death knell. It would serve as perfect fodder for the media to publish yet another scathing exposé that paints the NRA as roiled in unsavory scandal. It would also incite even more resentment from within the organization and sow more division among our ranks. Although Mr. Frazer’s motion to refer the resolution did ultimately succeed, the fierce opposition voiced by many in attendance shows that members want this issue to be addressed in a more transparent fashion.
I have a humble suggestion to help avoid public airing of private business while also quelling further cries of impropriety. When the Board addresses this resolution, I request that any Board member, officer, or staff member who has a personal, financial, or fiduciary interest in, or fidelity to, Ackerman McQueen (or its subsidiary and affiliate companies) — as an employee, contractor, paid consultant, vendor, client, etc. — be required to recuse himself/herself from discussing and voting on this resolution. That way, regardless of how the Board ultimately disposes of the resolution, at least the result will be less vulnerable to accusations of ethically dubious entanglements.
Fast forwarding to the present, the removal of Chris Cox from NRA-ILA was quite unexpected, at least by me. ILA is generally considered not only among the most effective of NRA’s programs, but one of the most effective (if not the most effective) lobbying groups on Capitol Hill.
The news yesterday regarding the National Rifle Association was headlined by a story in the New York Times that said Chris Cox, head of the NRA-ILA, was suspended and put on administrative leave. This followed a late Wednesday filing in New York Supreme Court (the trial level courts in that state) in which the NRA sought a declaratory judgment that Ollie North was not entitled to his legal expenses as a director of the NRA. Also suspended was Scott Christman who served as Cox’s deputy chief of staff at the NRA-ILA.
Both Cox and Christman are accused along with NRA Board member and former Congressman Dan Boren of participating in a failed “coup” attempt orchestrated by Ackerman McQueen and Ollie North. Cox vehemently denies this.
“The allegations against me are offensive and patently false,” Cox said. “For over 24 years I have been a loyal and effective leader in this organization. My efforts have always been focused on serving the members of the National Rifle Association, and I will continue to focus all of my energy on carrying out our core mission of defending the Second Amendment.”
PA Gun blog wonders just just who can suspend Cox, since he reports directly to the NRA board of directors. Say Uncle wonders if LaPierre even has a plan. “Is this some sort of scorched-earth move?”
Stopping production on NRA-TV is much less of a surprise, given that was yet another thing run out of Ackerman McQueen. I asked NRA-TV personalities Dana Loesch and Colion Noir on Twitter if they had been informed of the moves and have not received a reply. According to LaPierre the issue was one of “focus”:
“Many members expressed concern about the messaging on NRATV becoming too far removed from our core mission: defending the Second Amendment,” Wayne LaPierre, the N.R.A.’s longtime chief executive, wrote in a message to members that was expected to be sent out by Wednesday. “So, after careful consideration, I am announcing that starting today, we are undergoing a significant change in our communications strategy. We are no longer airing ‘live TV’ programming.”
Unlike some of LaPierre’s other flailing moves, this one can largely be written off as a straight-forward cost-saving measure and an inevitably byproduct of the Ackerman McQueen lawsuit. There’s also probably some truth to the “focus” angle as well, though from a self-interested “free blogging content good” perspective, I liked a good deal of what they were doing, such as Noir’s look at the astounding rate of homeless crime in Seattle.
Ammoland is not impressed with the moves:
Enough is enough. The National Rifle Association’s Board of Directors needs to act to get things under control and to focus the organization’s energy and activities against major threats to our right to keep and bear arms instead of internal squabbles. The current legal fight and internal chaos have to be resolved immediately.
Virginia-specific paragraphs snipped.
I have already been on record as suggesting that Wayne LaPierre leaves as Executive Vice President after the 2020 election. But recent developments, including the suspension of NRA-ILA Executive Director Chris Cox, now make some changes more necessary than ever. While LaPierre and Cox have past successes, the current drama, and the failure to see the new threats from corporations and social stigmatization that were part of the other side’s long game, including Andrew Cuomo’s abuses of power rank as significant failures on their part, and in combination with the internal drama, and Wayne’s lack of proper basic business management all warrant their replacement.
Who should replace Cox, who obviously no longer has the complete confidence of his superiors at NRA? Whoever it is should not be a lobbyist, but instead should probably have close ties to grassroots activists. With Cuomo’s attacks tying up financial resources, having the activists on the ground will be more important than ever.
LaPierre’s replacement will also need to come sooner, rather than later.
At this point, this replacement should come from outside the NRA so as to have no connection with the current drama.
Richardson agrees: “Wayne LaPierre’s scorched earth approach to maintaining power may be good for Wayne but is horrible for the NRA as an organization. I acknowledge there are many good people on the Board of Directors. Some want Wayne gone and some still support him.”
I have to concur. The Ackerman McQueen separation and lawsuit was a necessary corrective given a large vendor whose financial drain endangered the organization. The NRA-TV move is quite defensible as a necessary cost-cutting measure. But the Cox suspension, absent any additional information about why the move had to be made, reeks of circling the wagons and sheer vindictiveness on LaPierre’s part. Ironically, it is his out-sized overreaction to an alleged “coup” that proves why a move against LaPierre is both justified and, at this point, probably sadly necessary.
Jerry Pournelle’s Iron Law of Bureaucracy states that in any bureaucratic organization there are two kinds of people: Those devoted to the goals of the organization, and those dedicated to the organization itself. “The Iron Law states that in every case the second group will gain and keep control of the organization. It will write the rules, and control promotions within the organization.” LaPierre’s NRA is clearly been captured by the second group. Or to put it another way: “Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.” LaPierre’s NRA has become a racket. The NRA exists to serve its members and protect the Second Amendment, not to serve and protect Wayne LaPierre.
As I said about the NRA previously:
There are some that claim cleaning up the NRA would offer too much succor to the gun-grabbers. But the organizational dysfunction and self-dealing is already out in the open, and is already hurting the NRA’s effectiveness (and has been for several years). If not now, when? Better to do it now, the year before a Presidential election, with Republicans holding the White House and the Senate able to block gun-grabbing initiatives, than during it.
Other than being a member, I am very far indeed from the center of NRA power. For all the grumbling over the NRA caving over bump-stocks, there’s no other organization with the size, scope and political power of the NRA to protect Second Amendment rights in America. But to do that, the NRA has to be on solid organizational and financial footing, and right now it does not appear to be on either. The NRA has to get its own house in order, this year, or expect forces hostile to it and its goals to do it for them.
At this point, getting the NRA’s house in order necessitates Wayne LaPierre’s exit as Executive Vice President. This is not going to be easy, as (to quote Archer) “He’s dug in there like a tick!”
But enough is enough.
Update: Chris Cox has resigned. There’s also mention of NRA-ILA making a “substaintial” loan to the NRA, and refusing to do it again, followed immediately by Cox and Christman’s suspension. This is probably a good time to reiterate my call for a forensic audit of NRA finances…