The victims of the violence are black and white, rich and poor, young and old, famous and unknown. They are, most important of all, human beings whom other human beings loved and needed. No one–no matter where he lives or what he does–can be certain who will suffer from some senseless act of bloodshed. And yet it goes on and on.
–Robert F. Kennedy, April 4, 1968
Senator Robert F. Kennedy announcing the murder of Dr. Martin Luther King, Jr.
What should the surviving victims of the Aurora massacre do to seek redress?
And how can the relatives and friends of those who didn’t survive seek justice for those they loved?
Two things:
First, don’t count on politicians to support a ban on assault weapons.
Politicians–with rare exceptions–have only two goals:
- Get elected to office, and
- Stay in office.
And too many of them fear the economic and voting clout of the NRA to risk its wrath.
Consider Mitt Romney and President Barack Obama.
Both rushed to offer condolences to the surviving victims of the Aurora massacre. And both steadfastly refused to even discuss gun control–let alone support a ban on the type of assault weapons used by James Holmes.
On July 22–only two days after the Century 16 Theater slaughter–U.S. Senator Ron Johnson (R-Wis.) said: “The fact of the matter is there are 30-round magazines that are just common all over the place.
“You simply can’t keep these weapons out of the hands of sick, demented individuals who want to do harm. And when you try and do it, you restrict our freedom.”
That presumably includes the freedom of would-be mass murderers to carry out their fantasies.
Second, those who survived the massacre–and the relatives and friends of those who didn’t–should file wrongful death, class-action lawsuits against the NRA.
There is sound, legal precedent for this.
- For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.
- The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.
- Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
- Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
- From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.
- In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry. But other states soon followed, ultimately growing to 46.
- Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
- The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
- In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs. In return, they exempted the companies from private lawsuits for tobacco-related injuries.
- The companies agreed to curtail or cease certain marketing practices. They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.
The parallels with the NRA are obvious:
- For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people. People kill people.” With guns.
- The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals and the mentally ill the right to own arsenals of death-dealing weaponry.
- The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.
- The NRA has spent millions on political contributions to block gun-control legislation.
- The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.
- The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
- The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program–thus directly profiting by selling a product that kills about 30,288 people a year.
- Firearms made indiscriminately available through NRA lobbying have filled hospitals–such as those in Aurora–with casualties, and have thus badly strained the states’ public healthcare systems.
It will take a series of highly expensive and well-publicized lawsuits to significantly weaken the NRA, financially and politically.
The first ones will have to be brought by the surviving victims of gun violence–and by the friends and families of those who did not survive it. Only they will have the courage and motivation to take such a risk.
As with the cases first brought against tobacco companies, there will be losses. And the NRA will rejoice with each one.
But, in time, state Attorneys General will see the clear parallels between lawsuits filed against those who peddle death by cigarette and those who peddle death by armor-piercing bullet.
And then the NRA–like the tobacco industry–will face an adversary wealthy enough to stand up for the rights of the gun industry’s own victims.
Only then will those politicians supporting reasonable gun controls dare to stand up for the victims of such needless tragedies as the one in Aurora, Colorado.

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A CLASH OF TITANS: RFK VS. HOFFA–PART ONE (OF TWO)
In Bureaucracy, History, Law Enforcement, Politics, Social commentary on June 8, 2015 at 12:01 amForty-seven years ago today, Senator Robert Francis Kennedy was laid to rest in Arlington Cemetary, only feet away from the grave of his elder brother–President John Fitzgerald Kennedy.
Campaigning for the Presidency in 1968, he had just won the crucial California primary on June 4–when he was shot in the back of the head. His killer: Sirhan Sirhan, a young Palestinian furious at Kennedy’s support for Israel.
Eleven years earlier, as a young, idealistic attorney, Kennedy had declared war on James Riddle Hoffa, the president of the Mafia-dominated International Brotherhood of Teamsters Union.
As chief counsel for the Senate Labor Rackets Committee, Kennedy was appalled at the corruption he discovered among high-ranking Teamster officials. As he saw it, under Hoffa’s leadership, the union was nothing less than “a conspiracy of evil.”
Robert F. Kennedy as Chief Counsel, Senate Labor Rackets Committee
Hoffa, in turn, held an equally unflattering view of Kennedy. “A rich punk,” said Hoffa, who didn’t know or care about “the average workingman.”
In 1983, Blood Feud, a two-part TV mini-series, depicted the 11-year animosity between Kennedy and Hoffa. Although it took some dramatic liberties, its portrayal of the major events of that period remains essentially accurate.
Today, labor unions are a rapidly-vanishing species, commanding far less political influence than they did 50 years ago. As a result, young viewers of this series may find it hard to believe that labor ever held such sway, or that the Teamsters posed such a threat.
James Riddle Hoffa testifying before the Senate Labor Rackets Committee
And in an age when millions see “Big Government” as the enemy by millions, they may feel strong reservations about the all-out war that Robert F. Kennedy waged against Hoffa.
The series opens in 1957, when Hoffa (Robert Blake) is a rising figure within the Teamsters. Kennedy (Cotter Smith) is chief counsel for the Senate Labor Rackets Committee.
At first, Hoffa tries to ingratiate himself with Kennedy, telling him: “I know everybody who can help me and anybody who can hurt me.”
A wily Hoffa decides to parley Kennedy’s anti-corruption zeal into a path to power for himself. Via his attorney, Eddie Cheyfitz, he feeds Kennedy incriminating evidence against Dave Beck, president of the Teamsters.
Robert Blake as James Hoffa
Confronted with a Senate subpoena, Beck flees the country–paving the way for Hoffa to assume the top position in the union. Hoffa believes he has solved two problems at once.
With the ousting of Beck, Kennedy should now be satisfied: “He’s got his scalp. Now he can move on to other things while I run the union.”
But Hoffa has guessed wrong–with fatal results. Realizing that he’s been “played” by Hoffa, a furious Kennedy strikes back.
Cotter Smith as Robert Kennedy
He orders increased surveillance of Hoffa and his topmost associates. He subpoenas union records and members of both the Teamsters and Mafia to appear before his committee in public hearings.
And he tries to enlist the aid of legendary FBI Director J. Edgar Hoover (Ernest Borgnine). But Hoover wants no part of a war against organized crime, whose existence he refuses to admit.
Meanwhile, Kennedy’s confrontations with Hoffa grow increasingly fierce. In open hearings, Kennedy accuses Hoffa of receiving kickbacks in the name of his wife. Hoffa damns him for “dirtying my wife’s name.”
Kennedy secures an indictment against Hoffa for hiring a spy to infiltrate the Senate Labor Rackets Committee. He’s so certain of a conviction that he tells the press he’ll “jump off the Capitol building” if Hoffa beats the rap.
But Hoffa’s lawyer, Edward Bennett Williams (Jose Ferrer) puts Kennedy himself on the witness stand. There he portrays Kennedy as a spoiled rich man who’s waging a vendetta against Hoffa.
Hoffa beats the rap, and offers to send Kennedy a parachute. But he jokingly warns reporters: “Hey, Bobby, you better have it checked. I don’t trust myself!”
By 1959, Kennedy’s work as chief counsel for the Senate Labor Rackets Committee is over. But not his determination to send Hoffa to prison.
Throughout 1960, he manages the Presidential campaign for his brother, John F. Kennedy (Sam Groom). By a margin of only 100,000 votes, John wins the election.
Hoffa thinks that his troubles are over, that “Bobby” will move on to other pursuits and forget about the Teamsters.
Kennedy moves on to another job–the office of United States Attorney General. For Hoffa, it’s a nightmare come true.
JFK, needing someone in the Cabinet he can trust completely, browbeats Robert into becoming the the nation’s top cop.
As Attorney General, Kennedy must no longer beg J. Edgar Hoover to attack organized crime. He can–and does–order him to do so.
Throughout the country, the Mafia feels a new heat as FBI agents plant illegal electronic microphones (“bugs”) in their innermost sanctums. Agents openly tail mobsters–and send them to prison in large numbers.
And Kennedy sets up a special unit, composed of topflight prosecutors and investigators, to go after just one man: James Riddle Hoffa. The press comes to call it the “Get Hoffa” squad.
Hoffa continues to beat federal prosecutors in court. But he believes he’s under constant surveillance by the FBI, and his nerves are starting to give way.
Convinced that the FBI has bugged his office, he literally tears apart the room, hoping to find the bug. But he fails to do so.
What he doesn’t know is he’s facing a more personal danger–from one of his closest associates.
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