Craig Ruttle/AP
- At his first civil corruption trial, Wayne LaPierre testified he was too ill to helm the NRA.
- A NY jury found he caused $5.4M in harm to the gun lobby, and that there was cause for his removal.
- At a 2nd trial starting Monday, he'll fight the state's proposed ban on his return to any fiscal role.
The first time Wayne LaPierre was on trial in New York, he told jurors he was a very sick man and had no intention of returning to the helm of the National Rifle Association, the powerful gun lobby he led — and, the jury found, plundered — over the course of 30 years.
LaPierre's lawyers cited his chronic Lyme disease and resulting "significant cerebral volume loss" in asking he be allowed breaks during three days of testimony in January. NRA lawyers pointed to his sudden, mid-trial resignation as welcomed proof of a "course correction."
Six months later, the NRA and LaPierre are returning to a Manhattan courtroom for a second-phase civil corruption trial.
And, despite these earlier public assertions of illness and ill-will, LaPierre, 74, is now fighting hard to preserve his right to return to the influential nonprofit and the national stage.
LaPierre was the NRA's face and its "king," as he successfully lobbied against even modest, popular gun-control laws for three decades, lawyers for New York Attorney General Letitia James told jurors last time around.
But James is now intent on "censoring, de-platforming and canceling" LaPierre, his lawyer Kent Correll argued in a brief filed earlier this month, in anticipation of the start of testimony on Monday.
Barring him from any future financial role with the nonprofit "would prevent Mr. LaPierre from associating freely with the NRA and its affiliates and with millions of Americans and from speaking freely through the NRA or on behalf of the NRA or its members," Correll wrote.
It's "excluding him from the national arena in which the debate over gun policy and legislation occurs," the filing said, "and interfering with his ability to participate freely and fully in national and state elections."
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A second NRA corruption trial
It's been four years since James sued the NRA and four of its top executives, alleging they illegally diverted tens of millions of dollars from the group's coffers, used the money for lavish personal trips and other perks, then retaliated against eight whistleblowers who urged reforms.
Since then, two of the executives reached settlements, most recently the lobby's ex-CFO, Wilson "Woody" Phillips, who agreed in May to abide by a decadelong ban on managing money for any nonprofit in New York.
The first trial's jury found Phillips must repay the NRA $2 million in damages for enabling LaPierre's lavish lifestyle of yacht trips and private plane travel at donors' expense.
The jury also found the NRA violated state charities law by looking the other way as LaPierre, 74, plundered the gun group out of millions of dollars, enriching himself, his family, and favored cronies.
LaPierre was ordered to repay the NRA $4.35 million.
At Monday's trial, lawyers for James are now set to ask New York Supreme Court Justice Joel Cohen for additional non-monetary relief, as allowed under the laws regulating all non-profits based in the state.
But at the conclusion of what's scheduled to be a two-week, non-trial, the legal teams for the AG's remaining defendants — the NRA, LaPierre, and current NRA secretary John Frazer — will argue that internal reforms are working well and no further relief is neccessary.
That's a "remarkable position," James' lawyers countered in a filing earlier this month that said the NRA's new program of reforms is "still in its infancy."
Evidence at the second trial will also show that the NRA is already trying to avoid James' oversight, including by "pursuing a change of its status from a charitable to noncharitable corporation under New York Law" the AG's filing said.
"LaPierre routinely flew on private jets, was driven around in black cars, and stayed at luxury hotels" for years in violation of NRA policy, the filing said.
"Although the NRA now maintains it was victimized by LaPierre, the evidence will show that the NRA has never sanctioned LaPierre," despite knowing about his misconduct, it said.
Instead, "In announcing LaPierre's resignation, the NRA praised LaPierre for his many contributions to the organization over the years," the filing added.
The NRA has yet to clearly distance itself from LaPierre," it said.
Six months after the first trial's verdict, the lobby has not tried to collect the $4.35 million in damages LaPierre owes, nor the millions of dollars in attorney's fees it spent on his behalf.
The NRA also hasn't ruled out the possibility of paying for LaPierre's continued legal fees, James' lawyers said.
Despite leaving these millions of dollars in LaPierre repayments on the table, NRA lawyers are arguing that they are hemorrhaging money.
Since 2018, the NRA has seen a more than 25% decrease in membership and a 64% decrease in revenue from membership dues, according to a report by one of four expert witnesses the NRA intends to call to testify.
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Dues and contributions totaled $280 million in 2018; they fell to $114 million last year, according to the witness, fundraising expert Scott Nichols, who is arguing that the NRA would lose still more money if forced to pay for outside monitoring and auditing.
For the NRA, James is asking Cohen to appoint an independent monitor who would audit and oversee the association to ensure donor money is safe.
Frazer's role at NRA should be restricted and monitored, James is also asking.
In addition, "the Court should impose a lifetime bar on LaPierre from serving in a fiduciary role in the NRA or its affiliated entities," James wrote in a pretrial brief.
There will be no opening statements Monday. Instead, the state's case will begin with testimony by regulatory compliance expert Jonny Frank and by gun rights advocate Charles Cotton, who has served as the NRA's president since 2021.
Gun-safety groups said Friday that they continue to support James' efforts to bar LaPierre from any future fiscal role at the NRA. A lawyer for LaPierre declined to comment for this story.
"LaPierre's tenure at the NRA significantly harmed public health and safety in the United States," said Douglas Letter, chief legal officer for Brady United Against Gun Violence.
"His legacy is marked by widespread suffering and loss, and he must be prohibited from returning to any position of influence," Letter said.
"It's no surprise that LaPierre is pushing to remain relevant at the organization," agreed Nick Suplina, senior vice president of law and policy at Everytown for Gun Safety.
"The fact that the NRA is facing a potential compliance monitor and having its longtime leaders barred from nonprofits is evidence of the depths of the corruption that existed in the organization for so long," he said.