Another Country Heard From

Yes, the people in India have weighed in on the Gibson Guitar Raids.

"India's Timber Exporters' Association members say they will seek the intervention of Department of Foreign Trade and Chemical and Allied Export Promotion Council of India (CAPEXIL) to settle the issue. Association members are also planning to take up the issue with the Indian Embassy in the US."

Indian wood exporters see these raids as the work of disgruntled European Luthiers who sell inferior quality ebony and rosewood from other countries. That may be so, but it is American authorities who continue to have a problem with Gibson.

Upon reading the case file for the suit to regain possession of the wood that was seized in the first raid, I have to say that it looks to me like there is something else going on and that the government is behaving in a punitive fashion towards Gibson. For what reason, I am not as sure. Upon reading (at least the parts of the records that weren't sealed) it seems as though the government is trying to make Gibson "an offer they can't refuse".

Before the records on the case were sealed, it was made apparent that the government wished to retain possession of the wood as evidence in another long running case that they have been investigating. It looks very much to me as though there was to be an informal type of meeting to discuss that possibility when the government decided to raid Gibson again in August.
If that were not enough, now the Government is demanding that Gibson hand over yet more of the wood to them. If I were Mr. Juszkiewicz, I would cease to be very cooperative at that point.

That bare facts of the matter are that the government has seized two shipments of wood that was certified under the forest stewardship council. The government of India as well as India's Timber Exporters' Association say that the wood is legally a finished product under their laws and that the American government misinterpreted their laws and now the government wants Gibson to give up more of this legally finished, exported and purchased wood without having charged Gibson Guitars with any crime.

Now, I'm not saying that Gibson is pure as the driven snow, but in order for the law to be effective, it must be clear. The Lacey act is neither clear, nor set up for ease of compliance.

Doesn't sound like America to me. Okay, maybe a little like Chicago.If you would like to keep informed on this issue, check out these two facebook pages:Support for Gibson Guitars against DOJ intimidation and Musicians For Gibson Guitars And if you're in the Nashville area next weekend check out the Gibson Guitar rally

The reason I am so intent on this case is because it is demonstrating how we are losing our freedoms incrementally across the board. What can't be done with over criminalization and over regulation will be accomplished with intimidation. It behooves us all to keep an eye on this one. Perhaps I am overstating the case here, but a goodly part of the government's effectiveness depends upon the trust of the people. How much do you trust the government these days?

"I exhort therefore, that, first of all, supplications, prayers, intercessions, and giving of thanks, be made for all men;

For kings, and for all that are in authority; that we may lead a quiet and peaceable life in all godliness and honesty.

For this is good and acceptable in the sight of God our Saviour;" ~ 1 Tim 2:1-3

All for One and One for All

Maybe a better title would have been "A Tale of Two Guitars" but it seems as though Gibson is suffering from an increasingly common malady. Whether it goes by the name of over legislation or over criminalization, the results are the same. The law becomes increasingly more of a "Sword of Damocles" than a structural component of a freedom loving and stable society.

Gibson Guitars, if you are not familiar with the facts, has been raided twice. Once in 2009, when much of their stock of wood was confiscated supposedly because they were in violation of the Lacey Act. Gibson cooperated fully with the government, went to court and proved that they had not violated the Lacey Act. Their property has yet to be returned.
Then, in August of this year, Gibson Guitars was raided again. Raided by Government agents with automatic weapons. Again, supposedly because of violations of the Lacey Act. (For a more comprehensive overview, please check out the Gibson site.)

The next component to this story, is that Gibson's competitor, Martin Guitars, uses the same wood, from the same supplier in Madagascar, and yet, has suffered no raids. What's the difference? At the moment, the suggestion is that they made contributions to different political parties.

Whether or not this is the case, there is a significant interest in this case for all Americans.



First, the suggestion of political favoritism or even political motivation is particularly troubling. In other years, under other administrations, such could be dismissed as sour grapes far more easily. Statements from the head of the DOJ and Mr. Obama, among others seem to indicate that there is rampant, unethical use of government power and funds to reward and punish Americans at the whims of the current administration.

Then there is the matter of the confiscated property. How long should it take for property to be returned when charges have been proven to be unfounded? How long could the average American survive if their house or car were confiscated in this way? Would it significantly impact their standard of living? Where is justice in this situation?

Then there is the matter of the armed raids. Is it necessary to use that sort of force in a case where the company has been 100% cooperative with the government?
When the company has a good reputation in the community and there are no indicators that there would be any sort of resistance?

I know, it is important to be prepared for the unexpected in law enforcement work, but a little common sense and courtesy can go a long way. This was not a drug bust with people known to have weapons and engage in violence, it was a raid on a legitimate business that had already demonstrated full cooperation.

Finally,(at least for this post)there is the issue of the Lacey Act itself. In 1981, Congress removed the heightened proof standard of "willfully" from the statute, making "knowingly" the standard. There is an increasing amount of legislation making crimes out of things that most people would not ordinarily think of as criminal. It used to be said that ignorance of the law is no excuse. But, the law used to be fairly straightforward. An individual could deduce, with common sense, what was likely to be illegal and what would be fine. Not so any longer. In addition to the increased number of laws criminalizing actions, there is a lack of the requirement to show criminal intent in those laws.

Bearing all that in view, it appears that Gibson guitars is fighting the good fight for us all. Their case demonstrates all of these challenges at once. Do support Gibson by signing their petition here. And do keep an eye on how this case is handled. This is our nation. The duty to keep it free is ours. Do call your legislators...before it becomes illegal.



Gibson does make some lovely instruments.

"Therefore is judgment far from us, neither doth justice overtake us: we wait for light, but behold obscurity; for brightness, but we walk in darkness." ~ Isaiah 59:9