Balance of Power

SIX

In the SSA's main conference room, replete with a wall display of historic handguns and rifles, Sarah Dash interrogated Charles Dane across a lacquered table.

Hawk-faced, Harrison Fancher sat next to Dane, tautly vigilant to any traps concealed in Sarah's questions. Her strategy, as risky as her task was delicate, rested on a single fact: in one week, plaintiff would have to list its prospective witnesses at trial—among them Martin Bresler. By deposing Dane before this deadline—despite the absence of a concrete foundation for her cross-examination—she hoped to lure him into sworn testimony which Bresler would then refute. This would have two virtues: discrediting Dane as a witness—including with respect to his dealings with Callister—and, thereby, buttressing Sarah's claim that deposing Callister was essential. But this required a considerable deftness; her questions must be pointed, yet general enough to conceal Bresler's cooperation. Ten minutes into the deposition, Sarah remained on edge.

At the far end of the table sat John Nolan, relegated to the role of onlooker; at the other was a natty court reporter in horn-rimmed glasses and bow tie. Glancing at the copy of The Defender magazine which Sarah slid across the table, Dane answered her pending question in a tone of boredom, "Of course I've seen this, Ms. Dash. Including the advertisements."

"Did anyone from the SSA review these ads for content?"

Tall and lean, Dane conveyed an impression of ease and power, and his expression combined indifference with the contempt of an important man inconvenienced by a lower species. "I wouldn't know."

"What is your understanding, Mr. Dane, as to The Defender's obligation to review the contents of advertisements such as these?"

"I have no understanding."

Sarah kept her face expressionless, her manner unruffled. "In your view, is an advertisement calling the P-2 'lethal in split seconds' acceptable?"

"Yes."

"Or one which calls it the 'deadliest military-style weapon on the market'?"

For the first time, Dane seemed amused. "Are you saying that's not true?"

"Are you saying that the SSA's sole obligation was to determine whether Lexington's description of the P-2's killing capacity is accurate?"

"We had no obligation." Dane's tone resumed its tightly reined impatience. "Not unless we knew for a fact that this language was deceptive."

Sarah pointed at the magazine. "So claiming that the Eagle's Claw 'opens a massive wound channel' is also fine with you."

Dane shrugged. "As far as I know, the Eagle's Claw 'opens a massive wound channel.' If it doesn't, then Lexington's to blame."

To Sarah's annoyance, Nolan smiled faintly. "What," Sarah asked, "is your magazine's obligation with respect to Lexington's statement that the gun is an 'endangered species,' 'banned in California'?"

A smile appeared at one corner of Dane's mouth. "It's true, isn't it?"

"So an ad inducing Bowden to come to Nevada, in order to buy a gun banned in California, is acceptable to the SSA's Defender?"

"Ms. Dash," Dane responded with a hint of righteous anger, "selling the P-2 in Nevada is protected by federal law. You're suggesting that we should assist you in your goal of disarming America . . ."

"I'm just trying to determine your standards—if any. Are you saying that Lexington's description of the killing capacity of the P-2 and Eagle's Claw creates no duty unless the SSA considered it less deadly?"

"Without the sarcasm—yes." Dane leaned forward. "The information in this ad is protected by the First Amendment. Americans have the right to know it. Just as they have the Second Amendment right to buy this gun and these bullets . . ."

"Prior to the murders," Sarah said abruptly, "did you ever discuss with George Callister whether Lexington would continue to sell the P-2 and Eagle's Claw?"

Seemingly surprised, Dane hesitated. "Objection," Fancher said sharply. "Your question is outside the scope of your own complaint."

Sarah kept looking at Dane. "In a deposition," she answered, "a question need only be 'reasonably calculated to lead to the discovery of admissible evidence.' If the SSA influenced whether—or under what conditions—Lexington would continue selling these deadly products, that goes to the heart of our claim . . ."

Fancher grasped Dane's wrist. "I'm directing the witness not to answer," he snapped. "You can take your fishing expedition to Judge Bond, and find out if he thinks it relevant."

Sarah turned to Dane. "Did you," she persisted, "ever discuss with Mr. Callister whether he would enter into an agreement with President Kilcannon regarding sales at gun shows?"

"Same instruction," Fancher said in a monotone. "The right of political association is granted by the First Amendment. We don't have to reveal our discussions regarding gun rights."

This assertion, Sarah knew, was thin—except, perhaps, in the courtroom of Judge Gardner Bond. And, without a judge, no one present could force Dane to answer now. Facing Nolan, Sarah said politely, "It seems that you have an interest here, John. Are you willing to let Mr. Callister answer the questions Mr. Dane declines to answer?"

Surprised, Nolan glanced at Fancher. "We are not."

"And so both of you are withholding any and all testimony regarding whether Mr. Dane and Mr. Callister discussed the President's proposal?"

With plain annoyance, Nolan answered, "The record speaks for itself."

"Just checking." To Dane, she said, "Let's see how far this goes. Did you threaten Mr. Callister with a boycott if Lexington cooperated with the President?"

"Boycotts are legal," Dane answered smoothly. "If our members are displeased with a company or its products, it's their privilege to buy elsewhere. We don't have to threaten anyone."

Sarah cocked her head toward Nolan. "Mind if we check that out with Callister?"

Nolan scowled. "You already know our position."

Sarah turned to Dane. "Did you discuss with any other gun manufacturer the prospect that a boycott might put Lexington out of business?"

"We refuse to answer," Fancher interjected. "Your question implicates perfectly legal conversations protected by the First Amendment."

"Then let's try this," Sarah said to Dane. "Did you discuss with other manufacturers whether they might profit from a boycott of Lexington Arms?"

"Same instructions," Fancher snapped. "There's nothing illegal about discussing what might happen within an industry."

Smiling, Sarah turned to Nolan. "Surely Lexington must want an answer? Under my theory, you've got a lawsuit against the SSA."

Nolan's own smile failed to neutralize the hardness of his eyes. "Thank you for your advice, Sarah. Which our firm no longer has to pay you for."

"Speaking of which," she inquired mildly, "who's paying your fees in this matter—Lexington or the SSA?"

Nolan stared at her with genuine anger. "That question is wholly out of bounds."

"But understandable. Because it's been so hard to tell." Sarah propped her chin on the cupped palm of her hand. "Mind if I ask that of Mr. Callister?"

The record she was making—the multiple reasons for Bond to order Callister deposed—seemed to give Nolan pause. Tonelessly, he said, "Waste the Court's time, if you like. But let's stop wasting Mr. Dane's time."

"He's been so quiet," Sarah answered, "that I hardly think we're wearing him out." Abruptly she demanded of Dane, "Did you discuss with other manufacturers the prospect of dividing up Lexington's market share in the event of an SSA boycott?"

Once more, Dane glanced at Fancher, and then answered as though carefully reciting prepackaged lines. "If you mean did I recommend—or attempt to compel—such an agreement, the answer is 'no.' "

At once, Sarah was certain that there had been such conversations. But whether she had the time to pursue this depended, in great measure, on whether the President—or Senator Fasano—prevailed on gun immunity. Adjusting her manner, she adopted a tone of indifference. "Am I correct, Mr. Dane, that at some point you became aware that George Callister had met with President Kilcannon regarding sales at gun shows?"

Dane hesitated. "It was in the newspapers."

"Is that the only source of information you had regarding the meetings?"

Dane shifted slightly in his chair. "No."

"Was Callister among your sources?"

"Same instruction," Fancher interrupted. "Press on, Ms. Dash. You've asked the same question nineteen different ways."

She had made her record regarding Callister, Sarah knew. Now it was time to set up Dane for Martin Bresler. "Did the SSA," she asked Dane, "have a view on whether the gun industry—or any of its members—should reach an agreement on gun shows with President Kilcannon?"

"Yes." Dane answered firmly. "We were unalterably opposed."

"Did that opposition predate your awareness of Callister's discussions with the President?"

This seemed to give Dane pause. "I don't recall."

"Then let me try and help. Did you become aware that, prior to his meetings with Mr. Callister, the President was negotiating with a trade association of gun manufacturers headed by a Martin Bresler?"

Dane sat back. "I remember an agreement," he answered, "but that was with respect to safety locks."

"What was the SSA's position on that?"

"We were opposed," Dane snapped. "You try to fool with one while a rapist is banging down your bedroom door. You may not care, Ms. Dash. But it's our First Amendment right to protect the Second Amendment—the one right which makes all the others possible. Whether it's the right to resist a tyrannical government or an intruder preying on defenseless women."

"Thank you," Sarah said pleasantly. "Did you threaten Mr. Bresler with the loss of his job should his trigger lock proposal be adopted?"

"To feel 'threatened,' " Dane countered, "Mr. Bresler would have to be very sensitive. How can I threaten a man who doesn't work for me?"

For a split second, she was tempted to question Dane about threatening Senator Fasano, but she resisted; too obviously, it would betray Martin Bresler's cooperation. "Did there come a time," she asked, "that you became aware that Mr. Bresler was discussing gun shows with the President?"

Again Dane's hesitance was marked. "I'm not sure," he finally answered. "There came a time when Mr. Bresler ceased to be a factor in gun politics."

"At what point was that?"

"The point when his members decided he was a divisive force, bent on his own self-aggrandizement, and disbanded the group."

"Did you discuss disbanding the group with any of its members?"

"Instruct not to answer," Fancher interrupted. "On First Amendment grounds."

"Our motion to compel answers," Sarah rejoined, "will be thicker than the phone book." Of Dane, she asked, "Do you know a man named Jerry Kirk?"

Dane shrugged. "Jerry works for us."

"Directly before that, who employed Mr. Kirk?"

"The Gun Sports Coalition, I believe. Bresler's group."

Sarah sat straighter. "During his employment by the Gun Sports Coalition, did Mr. Kirk tell you that Mr. Bresler was negotiating with the President regarding background checks at gun shows?"

"Ms. Dash," Dane answered wearily, "I have all sorts of discussions with all sorts of people. However much you might wish it, I can't recall them all . . ."

"Let me get this right," Sarah interrupted. "You loathe President Kilcannon. You hate his policies on guns. You're vehemently opposed to background checks at gun shows. But you can't recall whether Kirk told you that the President was discussing background checks with Martin Bresler."

"No, I can't."

"Tell me, Mr. Dane, did you consider Mr. Bresler's group a 'divisive' force?"

"Yes. Beyond that, I'd consider him a traitor to the Second Amendment."

Sarah smiled. "And yet you offered Mr. Kirk a job."

"Yes."

"Before or after Mr. Bresler's group disbanded?"

"What's the relevance of this?" Fancher broke in. "I see none."

Sarah's gaze at Dane did not waver. "You can answer, Mr. Dane."

Fancher clutched Dane's arm. "Not before you explain the relevance."

"All right," Sarah answered. "I want to know whether Mr. Dane persuaded Kirk to spy on Martin Bresler in return for the promise of a job." Pausing, Sarah spoke more slowly. "If you want a further explanation, Mr. Fancher, I believe that the SSA controls the American gun industry—including Lexington, a former member of Bresler's trade association group. I believe the SSA blackballed Bresler. I believe the SSA threatened Callister. I believe the SSA seduced and bludgeoned other manufacturers to keep them from following Callister's lead.

"I believe, in short, that Mr. Dane and the SSA are ultimately responsible for the murder of Mary Costello's family." Turning to Dane, Sarah said softly. "As part of the process which led to these three murders, Mr. Dane, I think you engaged Mr. Kirk to help you keep gun companies from freely making their own political and economic decisions—including imposing background checks which might well have prevented a tragedy. So I'm asking the reporter to read back the question, and then I'm asking you to answer it."

At once, Fancher stood, nodding toward Dane. "This is harassment," Fancher said in a tone of outrage. "Mr. Dane's deposition is over. If you want him back, go to the judge."

With that, Fancher and Dane—the latter expressionless—left the room. Turning to Nolan, Sarah said, "I guess that leaves George Callister."