Everybody sit down. Are you sitting comfortably? Need anything? Cup of tea, perhaps. Good. Okay. I have some…unpleasant news for you. Yes, our close, personal friends down Meh-hi-coh way have decided to retain U.S.-based counsel, in order to file suit against U.S.-based gun manufacturers who are obviously to blame for the river of guns flowing into Our Good Neighbor’s Country to the South.
Yep. Courtesy of CBS News (and a tip o’ the TTAG range cap to TTAG Armed Intelligencia member Brian G.), we learn that the Calderon Cartel…um Federales have retained a U.S.-based law firm (NY-based Reid Collins & Tsai, if you must know) to sue the gunmakers for all they’re worth and then some.
Pause with me for a nanosecond, whilst we consider everything that’s wrong with this whole enchilada.
First of all, as we have thoroughly documented here on TTAG:
- there is no river of guns. It simply doesn’t exist. It’s a figment of the ATF’s over-active imagination. Oh, and a line item on their budget/to-do list.
- another teensy problem, while there are no “90,000 weapons” making their way into Mexico from the U.S., there is the not-so-little matter of the 3,000 or so guns that the ATF has allowed/encouraged/sent into Mexico. Oh. Yeah. Those guns.
- to add insult to injury, there’s evidence to suggest that Felipe Calderon himself is in cahoots with one of the drug cartels, making his pronouncements on the subject just a wee bit, shall we say, “suspect.” Pot, meet kettle. Kettle, meet pot.
- CBS covered this story, but seems to think it’s unrelated to their Gunwalker ‘expose.’ (Is it still an expose when other news outlets have broken the story, and your only claim to fame is that you are the first of the “mainstream media” to scrape the news blogs and report the story as if you broke it yourself?)
- While I’m not an attorney, I seem to recall there’s some law about foreign countries not having legal standing in our country. There’s also a Federal law that protects gun manufacturers from these kinds of lawsuits. Just sayin.
Now the boys at Dewey Cheatam & Howe $eem to think that thiS ¢a$e i$ a winner. Sadly, they may be right. As I’ve come to learn firsthand, the Law is not about right and wrong. It’s not about fairness. And it’s not about protecting the downtrodden and taking the rich and powerful to task. Nope. It’s all about winning. Strategy. Tactics. And who’s got the best attorneys. Unfortunately, one of those tactics comes under the rubric of “nuisance lawsuits” – suits that are filed to bleed your opponent dry, by forcing them to defend themselves over cases that may be frivolous in the long-run, but deadly to a company’s bottom line in the short-run.
Calderon, Obama & Co. either haven’t gotten the memo that the Gunwalker jig is up, or they seem to be making one last, desperate, Hail Maria/scorched Earth policy play here. If we can’t win on the facts, argue emotion. If we can’t win on emotion, bury them under so many motions and filings that they’ll buy us off to get out from under.
Regardless of if they win or lose, if these cases are allowed to wend their way through the legal system, you can bet your bottom dollar that the gun industry will suffer greatly because of it.
During LBJ’s first congressional race, the story goes that told his campaign manager to begin circulating the rumor that his main opponent, a pig farmer, was into bestiality. “Jesus, Lyndon,” the campaign manager was said to have responded. “Nobody’s going to believe that.” “Yeah,” he replied, “but I want to hear the sonofabitch deny it.” It’s not enough for the gun manufacturers to get a jury to rule them “Not Guilty” against this kind of thuggish use of the law. They have to prove that they are, in fact, “Innocent” in order to win. And that’s an standard that would be impossibly high for anyone short of The Almighty, Himself.