University of Pittsburgh law professor Philip Hackney, who worked at the Office of the Chief Counsel of the IRS overseeing the nonprofit sector from 2006 to 2011, disagreed. "I think the NRA officers and directors forced her hand," he told me.
But even Hackney believes the dissolution of the NRA is unlikely. He said the case was "unique" in its attempt to dissolve such a large group. He thinks the removal of the executives, like Wayne LaPierre, is more likely and will likely satisfy a court.
Hackney compared the NRA case to those against the Kamehameha Schools and Adelphi University. Both of those cases ended with board members and executives being removed and fines imposed but the groups were not dissolved. They've both since been reformed and operate today.
Olson said the lesser punishments, like removing NRA executives, are more reasonable potential remedies to the allegations in James's suit--if they're proved in court. He said the attempt to dissolve the group tinges the entire prosecution, though.
Olson compared the situation to the investigation of the Teamsters in the 70s and 80s. Though union leadership was accused of corruption from mob racketeering to murder and they eventually agreed to direct federal oversight, there was never an attempt made to shutter the union.
Here's a quote from Olson:
Olson & Hackney disagreed on whether James is pursuing the best interests of NRA donors. Hackney said he believed should could put aside her biases. Olson said her comments about the group being a "terrorist organization" was a red flag when combined with the dissolution attempt.
Hackney argued James was trying to root out corruption at the NRA because donors were being defrauded. Olson said it went beyond that and became a political attack which could even end with the NRA's $400 million of assets spilt up among gun-control groups.
Olson argued any judge that would grant dissolution of the NRA would also likely grant a request to move its assets to whatever gun-related group the NY AG requested--even if it was a group completely opposed to the mission of the NRA and offensive to their donors.
You can follow @StephenGutowski.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled:

By continuing to use the site, you are consenting to the use of cookies as explained in our Cookie Policy to improve your experience.