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Four Years after Sandy Hook, the NRA Continues the Arming of America

http://www.progressive.org/news/2016/12/189100/four-years-after-sandy-hook-nra-continues-arming-america

The weekend after the presidential election, I attended a gun show in Frederick County, one of the rural counties in the blue state of Maryland that voted for Donald Trump. One mother, with her infant resting quietly in a navy blue stroller, pulled back the black metal slide of a 9mm pistol. Not far away a man caressed the polymer handguard and stock of an AR-15 semi-automatic rifle.

The National Rifle Association manned a booth near the entrance. One of the men behind the green wooden counter, whose nametag read Bob, said he was a longtime NRA member. I asked him what he thought about NRA head Wayne LaPierre. “He’s well-spoken, and I trust him,” he answered.

Wayne LaPierre, in a video made by the NRA just days after the election, credited NRA members for Trump’s victory: “On November 8, you, the five million members of the National Rifle Association of America, along with the tens of millions of gun owners all over this country, who followed your lead, achieved a truly extraordinary, historic, even heroic accomplishment.”

The election of Donald J. Trump, combined with a Republican sweep of the Senate, has given today’s GOP an unprecendented monopoly of power. The NRA now finds itself within reach of goals that it has pursued for nearly forty years. The organization has arrived at this point via a combination of patience, self-control, and deceit.

“In the face of the bitter hatred and elitist condemnation, this is our historic moment to go on offense and defeat the forces that have allied against our freedom once and for all,” stated LaPierre in a recent video titled, “Our Time is Now.” With a patient, self-effacing demeanor, he’s the first executive director to not come from a military, hunting, or sports background.

In the video, LaPierre also mocks universal background checks, favored by 70 to 90 percent of Americans, and derides other “common sense” gun laws. He calls for the new Congress to pass a national concealed carry reciprocity law, which would require states to accept a concealed carry weapons permits issued by other states, much like the way states recognize each other’s driver licenses. Today, twenty-six states have at least some restrictions on who is eligible to carry a concealed weapon. Among them, nine states further limit such permits to people like security guards.

LaPierre also claims President Obama has “infected” federal courts with 300 constitutionally unsound judges and states that “Second Amendment freedoms” should trump state and municipal gun control laws. How is it that in Washington, D.C., one can now legally keep a gun in the home, asks LaPierre, but there is no place to buy a gun in the same city?

The NRA pumped a record $38 million into ads to help elect Donald Trump, and another $24 million to secure GOP control of the Senate. With the help of NRA campaign ads saturating the airwaves, six NRA-backed Senate candidates won key races, including Marco Rubio in Florida. Now the gun lobby is making an unprecedented push for federally mandated measures to expand the ability of state gun permit holders to carry firearms nationwide. The group is also seeking national legislation to legalize silencers. The NRA supports President-elect Trump promise to eliminate “gun-free zones” across the country, too.

“I don’t think it’s quite game over,” said Jonathan E. Lowy, legal director of the Brady Campaign to Prevent Gun Violence. “But there are reasons to be concerned.”

Trump will appoint at least one justice to replace the late Antonin Scalia, but the court’s liberal justices include Ruth Bader Ginsberg, who is eighty-three. If Trump gets to appoint a second Supreme Court justice, America’s entire political landscape could change. The NRA is looking for a Roberts court decision that would not only proscribe future attempts at gun control, but dramatically expand firearms access across the nation.

None of this was supposed to happen.

For years, many liberal pundits proclaimed the NRA was in decline. Gun ownership, they noted, has been decreasing across America. One report found that just three percent of Americans own most of the nation’s guns. The NRA, some said, is facing the same kind of challenges as the Republican Party in a nation that is increasingly diverse.

And then there was the gun tragedy that led gun reformists to believe their time had finally come. This Wednesday, December 14, marks the fourth anniversary of the slaughter of twenty small children and six of their educators at Sandy Hook Elementary School in Newtown, Connecticut. The Sandy Hook tragedy was preceded by many other mass shootings from Columbine to Aurora, from Tucson to Virginia Tech, to name just a few, not to mention the more mundane, daily toll of gun violence. But it was this unspeakable schoolhouse tragedy that finally seemed to signal a time for change.

“So our hearts are broken today—for the parents and grandparents, sisters and brothers of these little children, and for the families of the adults who were lost,” said a teary-eyed President Obama. Over the ensuing six months, there was a palpable hope that Congress would finally act. The Senate drafted bills to try and pass “universal” background checks, even though they still had large loopholes.

But even watered-down versions of the relatively token legislation failed due to the threat of a Republican filibuster over a Democratic-controlled Senate. None of the legislation introduced after Sandy Hook ever even made to the GOP-controlled House.

Understanding how the NRA survived Sandy Hook helps explain how the gun lobby has ended up on top today. It prevailed by downplaying its own extremism, and by presenting one alleged “independent” expert whose influence ran all the way to the Senate and Supreme Court.

LaPierre’s initial response to Sandy Hook shocked many people. “The only thing that stops a bad guy with a gun is with a good guy with a gun,” he said, adding that if any adults at Sandy Hook had been armed, the children and educators might still be alive. His comments were described as “tone-deaf.” During the subsequent Senate Judiciary Committee’s hearing on gun violence, Democratic Senator Dick Durbin of Illinois asked LaPierre if he thought the Second Amendment was meant to let citizens amass arms as a check on government, the driving mantra of gun rights absolutists. LaPierre said this was the Founding Fathers’ original intent, sidestepping the question of whether this is still the NRA’s view now.

Another witness at that Senate hearing, David Kopel, titled his testimony, “What Should America Do About Gun Violence?” He identified himself as the research director of the Independence Institute in Golden, Colorado, an associate policy analyst at the Cato Institute in Washington, D.C., and an adjunct professor of advanced constitutional law at Denver University. He did not disclose that his Institute had received more than $1.4 million, including about $175,000 a year over the past eight years, from the NRA Civil Rights Defense Fund. For decades, until the funding was uncovered first by this reporter at MSNBC.com and later by FOX31 in Denver, Kopel managed to write op-eds in leading newspapers including The New York Times, The Washington Post and The Wall Street Journal, without ever identifying his NRA funding.

Kopel also wrote law journal pieces at top schools, including Harvard, Yale, and the University of Michigan, without disclosing his NRA funding. And he appeared before the Supreme Court, as part of the team arguing in favor of gun rights in the District of Columbia vs. Heller. His amicus briefs on behalf of law enforcement groups, at least two of which have themselves received NRA funding, each failed to mention any NRA funding to either these groups or himself. Kopel’s briefs were cited four times in 2008 in Heller’s majority decision by the late Justice Antonin Scalia. They cropped up again in 2010 in another landmark Supreme Court gun case, McDonald v. Chicago.

Four years can seem like a long time. The gun reformists who were expecting victory after Sandy Hook now see their worst nightmares forming on the horizon.

It’s true that an NRA victory is hardly assured, especially at the state level. In November, gun restrictive referendums passed in three out of four states. In Washington, courts can now block access to people deemed dangerous. In California, background checks are now required to buy ammunition. Nevada voters passed one of the nation’s most restrictive laws, requiring background checks for almost any firearms transfers. A similar initiative failed in Maine.

“The [gun control] movement is in better shape than it’s ever been,” says Josh Sugarmann, executive director of the Violence Policy Center and longtime gun control expert, He points to relatively new organizations including one funded by parents who lost children at Sandy Hook, and another organized by former Arizona Rep. Gabby Giffords, who was injured in a racially motivated 2011 attack that killed six people, including a child. A third group organized by former New York Mayor Michael Bloomberg has pumped millions to back gun reform candidates.

But nearly all of those candidates lost on November 8, one more sign that the view from Capitol Hill in every direction favors the NRA. Unless progressives and gun reform groups manage to muster enough strength and resources to oppose it, the gun lobby may well end up expanding arms access across America for some time to come.

Frank Smyth is a freelance journalist who has covered the NRA for more than twenty years, writing for The Village Voice, The Washington Post, MSNBC.com and The Progressive. He won a Society of Professional Journalists national investigative award for his Mother Jones story, “Unmasking NRA’s Inner Circle,” after the Sandy Hook massacre.

What the Judiciary Committee Should Ask Wayne LaPierre

http://www.progressive.org/what-judiciary-comm-should-ask-wayne-lapierre

What the Judiciary Committee Should Ask Wayne LaPierre

by Frank Smyth, January 29, 2013, TheProgressive.org

On Wednesday, the Senate Judiciary Committee will hold a hearing on gun violence featuring testimony from the NRA’s Wayne LaPierre, as well as Mark Kelly, the husband of former Representative Gabrielle Giffords, Democrat of Arizona, who was shot in the head while holding a public meeting in her district two years ago.

Members of the Judiciary Committee should take the opportunity to press LaPierre on whether his organization truly represents the views of most American gun owners–and on what, specifically those views are.

While the NRA boasts a 4 million strong membership, it has a secretive and tightly controlled process for choosing its board of directors.

That’s why journalists did not find out that one of the NRA’s most trusted, top officials lives just a few miles from Sandy Hook Elementary School in Newtown, Connecticut.

Patricia A. Clark, a longtime Newtown resident, is chairman of the NRA’s shadowy, but powerful nominating committee.

She is also an instructor in the Eddie Eagle GunSafe program–heralded right after the Newtown tragedy on NBC’s “Meet the Press” by Wayne LaPierre–but she has been on the NRA’s governing board of directors since 1999, entrusted with ensuring that the NRA board’s own ruling clique remains in power.

I have spoken with numerous NRA members who complain about the obscure, Politburo-like governance of the NRA, which keeps ordinary members in the dark about how the organization is run and by whom.

One of the figures whom the NRA board quietly appointed to the 2012 Nominating Committee is George Kollitides II, the chief executive of one of America’s largest consortiums of gun manufacturers. Kollitides last year also became head of the consortium Freedom Group, which includes the company that made the Bushmaster semi-automatic rifle used not just at the Sandy Hook school in Newtown, Connecticut, but also at last year’s movie theater shooting in Aurora, Colorado, and, a decade before, by the DC sniper in and around Washington.

The NRA’s executive vice president and chief executive officer, Wayne LaPierre, has artfully managed the gun lobby’s message for more than 20 years. His skills include knowing what not to say and when.

A little more than one week after the Newtown shooting on “Meet the Press” with David Gregory, LaPierre made a wholly pragmatic (and not necessarily convincing) argument. When asked whether he would support any gun control measures including restrictions on high-capacity magazines, LaPierre replied, “We don’t think it works, and we’re not going to support it.”

Instead he said the NRA will “support what works,” making the case to put armed guards or police in every school. LaPierre’s TV comments then and in a “no-questions” press conference right after Sandy Hook seemed to resonate, as, for weeks, news outlets explored how and whether armed guards in schools might work.

But the main argument driving the modern NRA is not a pragmatic, but an ideological one.

“American gun owners will never surrender our Second Amendment freedom. Period,” LaPierre said in July, expressing the NRA’s opposition to a proposed U.N. Arms Trade Treaty. “Our Second Amendment is freedom’s most valuable, most cherished, most irreplaceable idea. History proves it. When you ignore the right of good people to own firearms to protect their freedom, you become the enablers of future tyrants whose regimes will destroy millions and millions of defenseless lives.”

That statement suggests the NRA sees the Second Amendment as being more important that all nine other articles of the Bill of Rights, or any other principle or article of government including perhaps the original U.S. Constitution that became law by itself several years before.

LaPierre made no reference to the Second Amendment at all last month in his overly hyped press conference at NRA headquarters one week after the Newtown shooting. On “Meet the Press,” he only referred to it negatively, saying he and the NRA will not back any effort “to destroy” or “lose the Second Amendment.”

But what exactly does than mean after Newtown? NBC’s David Gregory was credited with challenging LaPierre on his vague, unsubstantiated claims that gun control measures won’t work. But he missed an opportunity to probe the longtime NRA chief on whether his interpretation of the Second Amendments means he would never support gun control measures, even if they could be proven to work.

LaPierre, who earned close to $1 million in salary and other compensation from the NRA and related organizations in 2010, has been at the NRA’s helm for the last 22 years.

Few people remember that, before LaPierre, the NRA was not always so extreme. Back in 1968, the NRA’s then-executive vice president, retired general Franklin Orth, supported what still stands as America’s most important gun control law. The Gun Control Act regulated the interstate sale of firearms and effectively rewrote a prior, post-Prohibition-era law banning machine guns or fully automatic weapons. The act passed in 1968 just months after the assassinations of Martin Luther King, Jr., and Presidential candidate Bobby Kennedy, and five years after Lee Harvey Oswald killed President John F. Kennedy with a single, bolt-action rifle he bought through an ad in the NRA’s American Rifleman magazine.

But a group of hardline gun rights advocates resented what they saw as a sell-out of Americans’ Second Amendment rights. LaPierre began working as a paid lobbyist for the NRA in the late 1970s, just as the hardline advocates were consolidating control of the NRA board. For the next two decades, the NRA’s internal debate boiled down to one question: whether to try and repeal the ban on fully automatic weapons, or let it stand while allowing no other gun control regulations. (A chronology of U.S. laws concerning “Fully-Automatic Firearms” compiled in 1999 and still posted on the website of the NRA’s lobbying wing is sympathetic to a Georgia man who unsuccessfully tried to register a fully-automatic weapon in 1986.)

LaPierre became the NRA’s operations chief in 1991, right before a series of raids by U.S. agencies lead to many violent deaths over illegal guns. In 1992 federal charges related to the sale of two illegal, sawed-off shotguns eventually led to a federal raid in Ruby Ridge, Idaho resulting in the wounding of two men including the suspect, Randy Weaver, who was a white supremacist, and the killing of his wife, and their 14-year-old son along with an agent of the U.S. Bureau of Alcohol, Tobacco and Firearms or ATF.

But it was another federal siege, this one over illegal, fully-automatic firearms, less than a year later that became nothing less than a call to arms for gun rights hardliners. In February 1993, federal ATF agents attempted to serve a search warrant to look for the illegal, fully automatic firearms at the compound of a small religious sect known as the Branch Davidians in Waco, Texas. After a 50-day standoff, ATF agents launched an assault, and the ensuing firefight along with a fire of still unclear origins resulted in the deaths of at least 74 people including 25 children.

LaPierre soon wrote unambiguously in his first book published the following year: “The people have a right to take whatever measures necessary, including force, to abolish oppressive government.”

The government crossed another line for even more gun rights advocates when Congress passed and President Clinton signed the assault weapons ban, prohibiting a number of high-capacity, semi-automatic weapons. Seven months later, on April 13, 1995, LaPierre signed a fund-raising letter to NRA members: “The semiauto ban gives jack-booted government thugs more power to take away our constitutional rights, break in our doors, seize our guns, destroy our property, and even injure or kill us.”

But his timing was unfortunate for his cause. Six days later, on exactly the second anniversary of the Waco siege, Timothy McVeigh, an NRA member, and an accomplice used a fertilizer bomb hidden in a truck to blow up the federal building in Oklahoma City killing 168 people including 19 children under the age of six. Not unlike LaPierre in his letter, McVeigh in his terrorism was reminding people of the Waco tragedy, which for them both along with other hardline gun rights advocates still holds significance as a deplorable federal raid over fully automatic guns.

LaPierre was forced to apologize for his “jack-booted thugs” remark, after former President George H.W. Bush, a decades-long member of the NRA, resigned from the organization over his letter. But few NRA members followed suit. Instead the NRA has increased from over three million then to over four million members today.

Extremist groups including white supremacists have long operated in the NRA’s shadow. The National Alliance is a neo-Nazi party whose members have quietly handled out literature to try and attract recruits on the floor of NRA conventions. (I was handed one at the annual NRA convention in Phoenix in 1995 –two months after the Oklahoma City bombing– after I showed a man my New Jersey Firearms Purchaser Identification Card to demonstrate that I was a gun owner.) The late head of the National Alliance also wrote a novel, The Turner Diaries, about a coming race war and insurrection against a Jewish-dominated government; McVeigh used scenes in the novel as an explicit blueprint to make the bomb and choose his target in Oklahoma City.

LaPierre has become expert at handling the press. But there is little question that he holds an absolutist interpretation of the Second Amendment. “[T]here is no such thing as a free nation where police and military are allowed the force of arms but individual citizens are not,” he wrote in a 2003 book.

WOULD U.S. courts agree? In 2008 the Supreme Court made its first ruling on the Second Amendment in 69 years, affirming the right in the District of Columbia v. Heller of an individual to keep a handgun in his home for self-defense within the district, and then in 2010 affirming the same right throughout the United States.

Yet Justice Antonin Scalia, writing for the majority, still allowed for some limits on the right to bear arms including “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.” Scalia went on to say he could also find “support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.”

Exactly what kinds of weapons might meet that criteria, however, remain unclear. Justice Scalia in an interview in July on Fox News –after the Aurora movie theater shooting– made seemingly more ambivalent comments. Scalia said the Second Amendment only applies to arms that can be borne or carried, but added that whether it would allow for arms like “hand-held rocket launchers that can bring down airplanes” will have be decided in future court decisions.

Could government airplanes be legitimate targets?

Fear and hatred of government agencies, especially the ATF, helps explain why many gun rights advocates were so supportive of House oversight Chairman Darrell Issa’s investigation last year into Operation Fast and Furious, which involved ATF agents planting up to 2,000 guns into the Mexican black market in an effort to trace them to drug cartels.

Besides absolutist ideology, gun manufacturers play an important role in the NRA’s uncompromising stance.

NRA revenues from fundraising –including donations from gun manufacturers—have grown twice as fast as income from members’ dues, according to Forbes. Over 50 firearms-related companies have given the NRA almost $15 million since 2005 –the same year that NRA lobbyists helped get a federal law passed that limits liability claims against gun makers. Two gun-making firms’ chief executive officers, Ronnie Barrett and Pete Brownell, sit on the NRA board.

Yet nearly half of the NRA’s total annual revenues still come from its (rarely-voting) dues-paying members.

Members of the Judiciary Committee should ask LaPierre whether NRA opposition to gun control is rooted in the view that the Second Amendment allows citizens to have the same “force of arms,” to borrow LaPierre’s phrase, as police and military forces.

And they should pin him down on automatic weapons: NRA leaders and other their supporters often try to change the conversation when questions like whether they believe fully automatic weapons should be legal.

Providing unfettered access to enough firepower, as LaPierre’s own writings suggest, to “take whatever measures necessary, including force, to abolish oppressive government,” to quote him again, is simply incompatible with any integrated effort to curb today’s gun violence.

For LaPierre and most NRA directors including, apparently, Newtown’s Chairman Clark, the slaying of 27 people including 20 children in Newtown is an acceptable price to pay for upholding what they maintain is “freedom’s most valuable, most cherished, most irreplaceable idea” embodied in the Second Amendment.

Today’s NRA leaders are not just “gun nuts.” They are ideologues wielding extraordinary power, and secrecy is part of their success. After all, who knew their board’s nominating chairwoman lives just a few miles from the now shuttered Sandy Hook school? Or that the executive of the firm that made the gun that killed the kids there had been appointed to the same shadowy committee?

Frank Smyth is a freelance journalist who has been covering the NRA and related groups since the early 1990s, writing for publications including The Village Voice, The Washington Post, The Texas Observer and Mother Jones.

U.S. Sends Wrong Message to the World

Original article can be found here.

Restrictive regimes around the world came out ahead when the U.S. Supreme Court announced this week that it would not hear an appeal by two journalists in a case involving the leak of a CIA officer’s name. The reporters, Matthew Cooper of Time magazine and Judith Miller of The New York Times, face up to 18 months in jail for not revealing their confidential sources.

President George W. Bush has stressed the need for greater press freedom in Russia, the Middle East and Asia, but the message from U.S. prosecutors and courts is being heard more clearly in repressive corners of the world. Many of the world’s despots have been using the case to their advantage.

Late last year, the Committee to Protect Journalists protested Cameroon’s imprisonment of Eric Wirkwa Tayu, publisher of a small private newspaper, Nso Voice, on charges that he defamed a local mayor. The government justified the detention in part by saying: “You are aware courts have decided in a number of countries that protection of free speech does not grant journalists, for instance, the privilege to refuse to divulge names of sources in all circumstances.”

Similarly, President Hugo Chávez of Venezuela recently complained when international observers criticized his country’s new media law, which severely restricts broadcast news coverage. They should complain instead, Chávez said, about “U.S. journalists that are being prosecuted by the government in Washington for not revealing their sources.”

The U.S. case has followed a winding path. The syndicated columnist Robert Novak, citing two unnamed “senior administration officials,” first revealed CIA officer Valerie Plame’s identity in July 2003. Cooper wrote about the disclosure later; Miller conducted interviews but never wrote a story. A special prosecutor was appointed to determine whether government officials committed a crime by willfully disclosing the agent’s identity. No government official has been charged after two years of investigation, most of which has focused on compelling reporters to identify confidential sources. By refusing to hear the journalists’ appeal, the Supreme Court let stand a lower court’s contempt ruling against Miller and Cooper.

In repressive countries, journalists are routinely compelled to reveal their sources. Last week alone, CPJ found that three governments on three continents had harassed or jailed journalists while pressuring them to reveal sources.

In Nepal, the police demanded that Kishor Karki, editor of the daily Blast Time, reveal his sources for a report on clashes between the government and Maoist rebels. In a separate incident, two military officers insisted that the editor of Jana Aastha, Kishor Shrestha, and other journalists from the weekly reveal sources for an article about an army general. These journalists refused to reveal their sources, but officers promised they’d be back. In Nepal that threat is not empty.

In Serbia and Montenegro, two police officers visited the independent daily Danas, demanding that the editor, Grujica Spasovic, and director, Radivoj Cveticanin, reveal their sources for a report identifying where indicted war criminal Ratko Maldic may be hiding.

And in Burundi, authorities released journalist Etienne Ndikuriyo after jailing him for more than a week for a story questioning President Domitien Ndayizeye’s health. He said that prison interrogators demanded that he reveal his sources, but that he refused. Ndikuriyo faces criminal charges of “violating the honor” of the president.

The American case is troubling because it follows several others in which U.S. prosecutors and judges demanded that journalists disclose sources. A television reporter served four months of home confinement for refusing to reveal a source; prosecutors are seeking records from two New York Times reporters; several other reporters face contempt charges in a lawsuit involving a former U.S. government scientist.

Because the United States has set a high standard for press freedom, any perceived weakening in U.S. protections provides cover for authoritarian regimes to justify crackdowns. CPJ documented a spike in the number of journalists imprisoned worldwide in the aftermath of the Sept. 11 attacks, when restrictive governments appropriated the Bush’s war rhetoric to clamp down on dissent.

They may have a similar opportunity today.

(Frank Smyth is the Washington representative and journalist security coordinator for the Committee to Protect Journalists.)