A hearing will begin soon this morning in Manhattan in @NewYorkStateAG's lawsuit to dissolve the NRA.
Originally slated as oral arguments on a motion to dismiss, the NRA wants to pause proceedings after filing bankruptcy.
Live-tweet ahead.
Background lawandcrime.com/high-profile/n…
Originally slated as oral arguments on a motion to dismiss, the NRA wants to pause proceedings after filing bankruptcy.
Live-tweet ahead.
Background lawandcrime.com/high-profile/n…
Proceedings were supposed to begin at 10 a.m. ET, but they have been slightly delayed for technical reasons.
Stand by.
Stand by.
Judge Joel M. Cohen is on the call, and we're about to begin.
Assistant AGs:
Emily Stern
James Sheehan
Monica Connell &
Jonathan Conley, who is handling arguments
Assistant AGs:
Emily Stern
James Sheehan
Monica Connell &
Jonathan Conley, who is handling arguments
Defense counsel
Sarah Rogers for the NRA
Kent Correll for Wayne LaPierre
Seth Farber for Wilson Phillips
Sarah Rogers for the NRA
Kent Correll for Wayne LaPierre
Seth Farber for Wilson Phillips
Judge Cohen reviews the NYAG's arguments that these proceedings should not be stayed by the NRA's bankruptcy proceedings.
The oral arguments today with resume as scheduled, without objection by the NRA.
The oral arguments today with resume as scheduled, without objection by the NRA.
Sarah Rogers is up first for the NRA, arguing that the Manhattan Supreme Court is not the appropriate venue for the proceedings.
The NRA wants the case transferred to Albany, where they were incorporated.
The NRA wants the case transferred to Albany, where they were incorporated.
Rogers:
"If you're a non-profit and you're fighting for your very existence, you have the right to have that fight in the [venue] where you chose."
"If you're a non-profit and you're fighting for your very existence, you have the right to have that fight in the [venue] where you chose."
Rogers claims the NRA has never had an address in New York County designated.
"They've also lodged claims against certain individual defendants," where venue is more flexible, she adds.
"They've also lodged claims against certain individual defendants," where venue is more flexible, she adds.
Judge Cohen presses the NRA's counsel on her parsing about their 'principal office':
"You're using the word 'principal office' as a careful lawyer."
"You're using the word 'principal office' as a careful lawyer."
Judge Cohen:
"The venue statute says that there is normal venue unless otherwise prescribed by law."
"The venue statute says that there is normal venue unless otherwise prescribed by law."
Assistant AG Jonathan Conley is up now for New York.
He says that the venue is established by the certificate of incorporation, which he says was in New York County.
Department of State records support that the NRA repeatedly reaffirmed that venue, Conley said.
He says that the venue is established by the certificate of incorporation, which he says was in New York County.
Department of State records support that the NRA repeatedly reaffirmed that venue, Conley said.
Reminder:
The three NRA motions at issue during this morning's oral arguments are for transfer, a stay and/or dismissal.
We're on the first one.
The three NRA motions at issue during this morning's oral arguments are for transfer, a stay and/or dismissal.
We're on the first one.
AAG Conley:
"As your honor noted, if the NRA wanted to change its county location... it could have easily done so."
"The attorney general brought this action in New York county because venue is proper here."
"As your honor noted, if the NRA wanted to change its county location... it could have easily done so."
"The attorney general brought this action in New York county because venue is proper here."
Judge Cohen asks the AAG a hypothetical question he asked NRA counsel:
"What if there is no office of the corporation?"
AAG: Then it would be treated as a foreign corporation, and any county would be proper.
"What if there is no office of the corporation?"
AAG: Then it would be treated as a foreign corporation, and any county would be proper.
Rebuttal arguments on venue now by NRA.
Judge Cohen says he has what he needs on venue, and they are going to treat the other motions concurrently.
Rogers:
"This is a case of historic constitutional importance," citing backing from the ACLU and Jonathan Turley.
"This is a case of historic constitutional importance," citing backing from the ACLU and Jonathan Turley.
Rogers characterizes the NYAG's lawsuit as 163 pages of corruption allegations against a political enemy.
Background on the ACLU invocation.
The American Civil Liberties Union’s national legal director David Cole wrote a Wall Street Journal editorial titled “The NRA Has a Right to Exist,” which the NRA footnoted the most recent NRA brief. lawandcrime.com/high-profile/t…
The American Civil Liberties Union’s national legal director David Cole wrote a Wall Street Journal editorial titled “The NRA Has a Right to Exist,” which the NRA footnoted the most recent NRA brief. lawandcrime.com/high-profile/t…
Roger's cites NYAG's statement that the NRA is a "terrorist organization" in a debate prior to the 2018 election, in alleging a political vendetta rather than an application of New York charity law.
This was the interview with Ebony Magazine that the NRA's counsel is referring to with now-AG James, shortly before her election. ebony.com/news/letitia-t…
AAG Jonathan Conley responds to the remaining motions for New York:
"The State of New York and this court have a vital interest of retaining this state enforcement action... The complaint is premised entirely on New York law."
"The State of New York and this court have a vital interest of retaining this state enforcement action... The complaint is premised entirely on New York law."
The NRA countersued the attorney general in Albany, claiming that the case violates the First Amendment rights of its members.
Judge Cohen is pressing the AAG what will happen if both suits advance.
"We fully expect that the federal court will dismiss the action," Conley says.
Judge Cohen is pressing the AAG what will happen if both suits advance.
"We fully expect that the federal court will dismiss the action," Conley says.
Judge Cohen presses the NRA on its argument that it's inconvenient to fight the AG's case in state court in Manhattan and pursue its later federal countersuit in Albany.
"If the NRA wanted to avoid litigating in two places, why didn't it just bring its case here?" he asks.
"If the NRA wanted to avoid litigating in two places, why didn't it just bring its case here?" he asks.
10 minute recess.
Judge Cohen is back and he will rule.
Looping together the two threads.
https://twitter.com/KlasfeldReports/status/1352305939366477827?s=20
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