Sunday, August 28, 2011

While My Guitar Gently Weeps, Obama Raids Gibson Guitars

There’s a word for this, if I can just think of it…

On August 24, 2011, around 8:45 a.m. CDT, agents for the federal government executed four search warrants on Gibson’s facilities in Nashville and Memphis and seized several pallets of wood, electronic files and guitars. Gibson had to cease its manufacturing operations and send workers home for the day, while armed agents executed the search warrants. Gibson has fully cooperated with the execution of the search warrants.

The Federal Department of Justice in Washington, D.C. has suggested that the use of wood from India that is not finished by Indian workers is illegal, not because of U.S. law, but because it is the Justice Department’s interpretation of a law in India. (If the same wood from the same tree was finished by Indian workers, the material would be legal.) This action was taken without the support and consent of the government in India.
Sooooo, let me see if I have this straight: Eric Holder’s Justice Department is upholding Indian law here in America while refusing to enforce America’s own immigration law at the Mexican border?

And this makes sense on which planet, again?

And it gets worse: this isn’t the first time Gibson Guitars has been the subject of a federal raid. It also happened way back in 2009. As the above quote states, this isn’t about the illegal use of an exotic, protected wood -
The wood the Government seized on August 24 is from a Forest Stewardship Council certified supplier and is FSC Controlled, meaning that the wood complies with the standards of the Forest Stewardship Council, which is an industry-recognized and independent, not-for-profit organization established to promote responsible management of the world’s forests. FSC Controlled Wood standards require, among other things, that the wood not be illegally harvested and not be harvested in violation of traditional and civil rights. See for more information. Gibson has a long history of supporting sustainable and responsible sources of wood and has worked diligently with entities such as the Rainforest Alliance and Greenpeace to secure FSC certified supplies. The wood seized on August 24 satisfied FSC standards.
OK, no issue there. It’s readily apparent that Gibson is an environmentally responsible company, so why the raid?

Well, when you look at some other American guitar companies, the answer becomes a bit more clear…

Putting aside the presumably misguided motivation to enforce another sovereign nation’s laws, why would a homegrown American company be the target of the Department of Justice in the first place?

It’s worth pointing out that Henry E. Juszkiewicz, Gibson’s Chief Executive Officer, is a donor to a couple of Republican politicians. According to the Open Secrets database, Juszkiewicz donated $2000 to Rep. Marsha Blackburn (R-TN07) last year, as well as $1500 each to Sen. Lamar Alexander (R-TN). Juszkiewicz also has donated $10,000 to the Consumer Electronics Association, a PAC that contributed $92.5k to Republican candidates last year, as opposed to $72k to Democrats. (The CEA did, however, contribute more to Democrats in the 2008 election cycle.)

Hmm, this sounds rather Nixonian in tone and appears to be politically motivated, but that's perfectly fine as long as a Democrat is President. As usual, there’s more to this story.

One of Gibson’s leading competitors is C.F. Martin & Company. The C.E.O., Chris Martin IV, is a long-time Democratic supporter, with $35,400 in contributions to Democratic candidates and the DNC over the past couple of election cycles. According to C.F. Martin’s catalog, several of their guitars contain “East Indian Rosewood.” In case you were wondering, that is the exact same wood in at least ten of Gibson’s guitars.

The Gibson facility wasn’t raided over allegations of tax evasion, charges of embezzlement, or even something as drab as child labor. Not even close. It was raided over what the DOJ deems an inability to follow a vague domestic trade law in India (one that apparently the Indian government didn’t seem too concerned about enforcing) regarding a specific type of wood. Not illegal wood, just wood with obscenely specific procedural guidelines.

Stand with Gibson: They have the Law on their side, just not the government.
Here’s one last thing you should know. If you have an antique guitar and are thinking of traveling abroad or even to Canada with it, you could be a criminal if you can’t verify, in writing, where every piece of it came from.

Why would the government use armed agents to attack one of the few major manufacturers of anything remaining in the United States? The political motivations for such an action are outside the scope of this article, but the justification for the action is the Lacey Act, which regulates the importation of plants, animals, and products thereof into the United States. The Lacey Act effectively permits wooden musical instruments to be seized indefinitely, without compensation, and places the burden of proof on the owner, not the government. Do you own an $11,000 2011 Gibson Eric Clapton Edition Les Paul? Want to take it to Canada and back? You’d better be prepared to document the source of all materials to the government’s satisfaction upon your return, or you could lose it indefinitely. If you thinking documenting that is tough, what if you’re ZZ Top’s Billy Gibbons returning from an overseas tour with your real 1959 sunburst Les Paul, for which you’ve already turned down at least one $5,000,000 offer? Good luck documenting the wood from a fifty-two-year-old guitar.

…Simply possessing the timber product can make you a felon, regardless of whether or not you were involved in the harvesting, were the original importer, or had received any information regarding the source of the timber product. Here’s an example. Let’s say you are driving a Bentley Flying Spur with a rosewood interior. Importation of Brazilian rosewood is a felony under the Lacey Act. Do you know where the rosewood in your Spur came from? Can you prove it? In Gibson’s case, it was Indian rosewood that supposedly caused the bust; although the importation of Indian rosewood is legal, it has to be finished and prepared to certain standards in India. If raw Indian rosewood is sent to Bentley for finishing into dashboards — and make no mistake, that is how it is done — it may not break any British laws, but it breaks an American one, and you are now a convicted felon for visiting the Canadian side of Niagara Falls and coming back.

Again, on which planet does any of this make any sense?

Not one American law was broken. And that word I’m searching for? Well, you can listen to this in the meantime…

*sigh* I miss freedom.


Zilla said...

Great post! It seems it should be illegal to persecute an American company using foreign laws, aren't we supposed to be a sovereign nation? the anti-American-jobs pResident may also have a bug in his butt because Gibson had AMERICAN workers do the finishing rather than outsource it to foreigners. This regime has created or saved tons of jobs OVERSEAS and used billions of our dollars to do it, as I wrote about at my place over the winter.

innominatus said...

Just need to spout progg-approved PC nonsense while playing your Gibson and the DoJ won't care what you bring back over the border