Balance of Power

    What, Fasano wondered, was the SSA afraid of? Quietly, he said, "Then you'd be better off with a law that never mentions guns. Something like 'No manufacturer, dealer or distributor will be liable for the use of a legal product in an illegal act by any person not under its direction or control.' "

    Briefly, Landon smiled—an affirmation that, all along, Fasano had been one move ahead. In response, Dane's eyes, again fixed on Fasano, were keen.

    "Tell us how to pass it," Dane said.

    "By playing well with others," Fasano answered. "You need to tuck your language in a major tort reform bill backed by every lawyer-hating institution in America: the airlines, aircraft manufacturers, liquor and tobacco companies, auto makers, tire companies, employers with environmental problems, even the people who make farm implements.

    "Then

you reach out beyond the obvious—to fast-food businesses, for example, or accountants, or investment bankers. You immunize teachers against lawsuits, thereby neutralizing a union which always supports Democrats. You get HMOs to form 'Citizens for Better Medicine' and saturate the airwaves. You even limit punitive damages against charities like the American Cancer Society."

    Pausing, Fasano looked from Landon to Dane. Both were silent, attentive, expressionless. "Most important," Fasano continued, "you rally all their employees to the cause.

    "We need to bury the idea that we're pandering to the merchants of death. Our bill is a job protection measure, keeping greedy lawyers like Bob Lenihan from bankrupting companies and putting ordinary people out of work. It's also a consumer protection measure, insulating other ordinary people from outrageous verdicts which they wind up paying for in the form of higher consumer prices.

    "That's the message we should keep on driving home: spurious lawsuits clog the courts and subvert our core belief in individual responsibility. Coffee is supposed

to be hot—if Aunt Minnie spills it and burns her fingers, it's her fault, not McDonald's. Or yours." For the first time, Fasano smiled. "After that, we can depict Kilcannon and the Democrats as the wholly owned subsidiary of America's most loathed minority—the trial lawyers who buy corporate jets, two-hundred-foot yachts, and baseball teams which overcharge for hot dogs."

    "The Chamber of Commerce," Dane reminded Fasano, "has tried to pass that bill for years. They never have."

    "That's because they've never had the troops. You do. With your muscle and your money, placed at the disposal of a broad coalition, perhaps you can get this through . . ."

    "And you," Dane interjected, "will have made your business constituency happier than it's ever been."

    "Of course," Fasano said with a shrug. "Why stop with you?"

    "I'm sure that's fine with the SSA," Landon put in. "But up to now the tort reform community has avoided the gun issue like the plague."

    "And they've lost, haven't they? As Charles points out. By now, a lot of them will want the same provision which immunizes gun manufacturers.

    "Let me give you an example. A couple of years ago our leading auto manufacturer was sued in San Francisco—where, I'm sure, Lenihan intends to bring this suit. The plaintiff was drunk, was speeding, and plowed into an embankment on his own. The gas tank in his car exploded, killing both of his children. But instead of blaming the driver, the jury focused on the fact that the company had done a cost-benefit analysis of the money required to make its gas tank one hundred percent safe, and decided that perfection wasn't worth it. So the jury awarded a billion

dollars in punitives to a drunk who killed his kids." Pausing, Fasano said with irony, "Understandably, the company's chief lobbyist talks about it still. So I think you'll find him newly sympathetic to your goals."

    "We need more than sympathy," Dane retorted. "A bill that broad will buy us a battle with Kilcannon and the trial lawyers tantamount to nuclear war . . ."

    A quiet knock on Landon's door interrupted Dane as Landon's very pretty assistant entered with a silver tray—assorted sandwiches and small desserts, with a Diet Coke for Dane, a mineral water with lime for Fasano, and a bourbon on ice for Landon. Sipping it, Landon waited until she left.

    "Frank's right," he told Dane. "And so are you. Frank would have to persuade your silent partners to share the cost of some pretty expensive fun." Sitting back, Landon tasted the bourbon on his lips. "The bill would come through the Commerce Committee—Chad Palmer's committee, unfortunately, since the shake-up when Frank replaced Gage as Majority Leader. You'll need a lobbyist to work each committee member. Also, you should make a donation to the state party of any of the members who are up for reelection."

    Dane's smile held a trace of cynicism. "I assume you can help us direct all that."

    Landon nodded. "If you like," he said amiably.