Balance of Power

    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?"