The Paranoid Style in Gun Control Politics
Bloomberg’s “The Trace” fabricates a conspiracy about amicus brief writers who adhere to Supreme Court Rules
If you’re looking for a website like QAnon, but catering to gun control advocates, you will enjoy some articles from The Trace, a gun control website founded and funded by Michael Bloomberg. In August, The Trace presented a conspiracy about the amicus briefs filed in New York State Rifle & Pistol Association v. Bruen. The article was reprinted by Politico. Will Van Sant, The NRA’s Shadowy Supreme Court Lobbying Campaign, Politico, Aug. 5, 2022.
The 12-brief conspiracy
The Politico reprint of the Trace article opens with snazzy graphics. Forty-nine amicus brief were submitted in the Bruen case: “12 of those briefs were filed by people or institutions who had received millions of dollars from the NRA, a Trace and Politico Magazine investigation found. Only 1 brief disclosed the financial connection.” According to Van Sant, “neither the justices nor the public were told that 11 of these ostensibly independent voices owed their livelihoods in part to the NRA.” Let’s look at some of his examples.
In 1991, the Law Enforcement Alliance of America (LEAA) was created by San Jose police officer Leroy Pyle. The then-police chief of San Jose, Joseph McNamara, was one of the leading gun control spokesmen in America. McNamara attempted to fire Pyle for Pyle’s Second Amendment advocacy. Pyle ended up winning his case, thanks in part to the excellent work of his attorney, who happened to be the daughter of California Senator Dianne Feinstein. Later, Jim Fotis succeeded Pyle as head of LEAA, and LEAA received substantial donations from NRA. Although LEAA is apparently now defunct, in its day it advocated for the viewpoint of most rank and file law enforcement officers: skepticism about gun control and support for strict punishment of violent criminals.
In Bruen, an amicus brief was filed by The League for Sportsmen, Law Enforcement and Defense, which is based in Virginia. Van Sant’s article reports:
“Those of us involved with the League have been involved in 2nd Amendment advocacy for decades,” attorney Christopher Day, counsel of record on the brief, said by email in response to a request for comment. “The League is not affiliated with the NRA, nor received any financial support from them.” The League is led by James Fotis, who for many years oversaw an NRA-supported effort to elect judges and state attorneys general who opposed firearms restrictions.
According to Van Sant, it was “shadowy” for the League’s 2021 brief not to disclose in that brief that the League’s president had, years before, headed an organization that received NRA grants.
That is not what the Supreme Court Rules say, nor should they. Consider some career attorneys at the U.S. Department of Justice. During their employment, they “owed their livelihoods” (Van Sant’s phrase) to the DOJ. Later, they left the DOJ for private practice, and still later they wrote an amicus brief supporting a DOJ position in a Supreme Court case. Per Van Sant’s theory, the former DOJ lawyers must disclose their past DOJ employment in their amicus brief.









