Opinion NRA vanquished: Tish James triumphs again over right-wing hucksters
Last week, she obtained a historic verdict against the NRA and two executives. “A New York jury found that Wayne LaPierre, who led the NRA for three decades, squandered millions on vacations, private jets and expensive clothes,” The Post reported. “Jurors also determined that the NRA failed to include or misrepresented information in tax filings and broke New York law by not adopting a whistleblower policy.”
LaPierre was held liable for $5.4 million (and showed cause for removal from the NRA based on his violations). Former chief financial officer Wilson “Woody” Phillips was found liable for $2 million. Separate proceedings before a judge will later determine non-monetary penalties, such as appointment of a monitor for the NRA’s charitable foundation. James will also ask the judge to bar these figures from holding positions in other New York charitable organizations.
James has never been accused of timidity. As the Associated Press recounted, “She launched several lawsuits against [Trump’s] Republican’s administration over his immigration and environmental policies when he was in the White House.” She also “inherited an ongoing state lawsuit against Trump’s charitable foundation, filed before she took office, and steered it to a settlement that included a $2 million fine.”
She does not target only Republicans. “In 2021, James oversaw an investigation of New York Gov. Andrew Cuomo, who had been accused by multiple women of sexual harassment,” the AP recounted. “The inquiry led to a remarkable downfall for the once-rising star in the Democratic Party. Lawyers hired by James concluded that 11 women were telling the truth when they said Cuomo touched them inappropriately, commented on their appearance or made suggestive comments about their sex lives.”
Her most stunning victory, certainly, came against Trump. Despite sneering from legal critics who decried her massive lawsuit as overkill, as well as death threats and accusations of racism and “witch hunt!” from Trump, she persevered to win a verdict of more than $454 million (including interest) against Trump for exaggerating the value of his holdings. She vows to seize Trump’s assets if he cannot post a bond or put the full amount in escrow, as required by law, as he pursues appeals.
She declared after the verdict, “For years, Donald Trump engaged in massive fraud to falsely inflate his net worth and unjustly enrich himself, his family, and his organization. While he may have authored the ‘Art of the Deal,’ our case revealed that his business was based on the art of the steal.” She continued, “Now, Donald Trump is finally facing accountability for his lying, cheating, and staggering fraud. Because no matter how big, rich, or powerful you think you are, no one is above the law.”
James has a very different outlook from U.S. Attorney General Merrick Garland, who delayed pursuing criminal matters against Trump (after Trump declared his candidacy, Garland was compelled to name special counsel Jack Smith), apparently in a misguided attempt not to look political. (Meanwhile, voting rights and abortion rights litigation has been championed of late by private litigants, not the Justice Department.) James seems to understand that shying from litigation for fear of enraging the right is itself political. Frankly, being more concerned with the appearance of neutrality than in dogged pursuit of wrongdoers undermines the rule of law.
As for the death threats, she told a podcast interviewer in June, “Am I concerned about my personal safety? I don’t think about it. The reality is I’ve got a job to do each and every day.” She reiterated, “I cannot be paralyzed by fear. I’ve got to wake up each and every day with this fire in my belly to represent the interests of the citizens of the state of New York to serve this state.”
Fire in the belly. That’s what prosecutors need. James embodies all of the qualities one should expect in the people’s lawyer: fearlessness, persistence, a keen grasp of the law and the ability to recruit a skilled team. She understands that her job entails aggressive pursuit of justice. She is not one to wait passively for cases to fall into her lap, shy from controversy for fear of politicizing her office or refuse to proceed unless success is assured. She unabashedly defends her mission to the public, her team and herself.
Come to think of it, she would be a marvelous U.S. attorney general in a second Biden term.
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