The latest filing is a fight over whether the NY Attorney General can obtain a legal memo regarding preparation of NRA’s 990 tax return. Though it’s never mentioned, the best guess would that it regards the language inserted into the return admitting to Wayne LaPierre’s use of NRA funds to fly on corporate jets to his vacations in the Bahamas and Europe, plus ferrying his niece on outings, and treating that as excess benefits for tax purposes and the IRS Form 990.
I just got back from an early dinner with a lawyer friend. I showed him the motion and he said, odds are high that NRA will lose. Yes, it’s a memo giving legal advice. But the client can’t disclose the advice to others, and then claim it can be kept secret from its adversaries in court. It sounds like NRA sent the advice to their outside accountants, who aren’t lawyers. There is an exception for things like translators, who get to hear a conversation between lawyer and client, because there’s no other way for the two to talk. NRA is arguing that, but I don’t think it will fly. An accountant isn’t absolutely necessary for an attorney to talk to a client.
This is one more foul-up, of a long list of them. And one more document to be prepared and filed, at $1,400 per hour.