To say Judge Matsch didn’t hold back is about the same as saying that the Titanic took on a little water in her bilge back in 1915. I almost felt bad for the misguided activists of the Brady Bunch. Almost.
The reason I say almost is that they knew full well that the lawsuit was a no-win proposition. Anyone with two functional brain cells that manage to communicate with each other knows that lawsuits of this type are forbidden under the Protection of Lawful Commerce in Arms Act which was passed in 2005. This law isn’t even a new one, it’s been around for 10 years. Just about every firearm owner in the country is familiar with it… doesn’t it stand to reason that the high powered, highly paid attorneys on the Brady payroll knew about it as well?
Of course they did, and they ignored the existence of this law in order to push their political agenda; using the grief and sorrow of mourning families to do so. They filed this lawsuit knowing full well it had zero chance of success. They filed this lawsuit knowing full well that their clients (Translation: People they fooled into this hare-brained scheme) would have to bear the brunt of the defendant’s legal fees. They filed this lawsuit knowing full well that the accrued legal fees would be into the hundreds of thousands of dollars. They knew that they would be piling a financial burden on top of the emotional burden these families already carry. They knew- but they didn’t care.
Senior Judge Matsch knew this as well. He wrote “It would be highly unlikely that the defendants would seek to emasculate their businesses to conform to an undefined standard of care that would have prevented a purchaser of their products from using them in a barbaric assault on innocent people in an entertainment venue.” In other words, the desired outcome of the Brady’s lawsuit (I am not going to call it the families’ lawsuit because there is no way this suit would have been brought if the people had their own attorneys looking out for their best interests) was literally impossible for the defendants to conform to. Not one thing the Brady attorneys wanted was within the realm of possibility.
He went on to say that “Those who ignite a fire should be responsible for the cost of suppressing it before it becomes a conflagration…” and “the defendants should not have to bear the burden of defending themselves in this inappropriate forum…”.
During my decade as a law enforcement officer I have sat through hundreds upon hundreds of trials. Not once have I ever seen such a… for lack of a better term… epic smackdown of a legal team. This kind of language by a sitting Judge presiding over a major case, while not unprecedented, is extremely rare. Judge Matsch basically called the Brady’s legal team a bunch of idiots, said that the case should never have been brought, told the attorneys they should have known better and reprimanded them for wasting his time.
Not quite done with his breakdown of the Brady attorneys, Judge Matsch then delivered a coup de grace when he stated “Brady targeted the retailers to piggyback off of the high-profile incident and not because they were explicitly malicious or negligent.” He literally called their entire lawsuit a big steaming pile of fresh bovine scatological products. No mincing of words, no legalese, no pretense of civility… he just lit into them for placing their clients in such a precarious position and for using them as tools to advance their own political agenda.
Once Judge Matsch was finished lambasting the Brady attorneys for not acting in their client’s best interests, using them to push a personal political agenda, filing a lawsuit with zero merit and telling them they were all off their rockers… he determined that Brian Platt of BTP Arms will be awarded $31,969.89, the Sportsman’s Guide awarded $59,060.87, and Lucky Gunner awarded $111,971.10 in legal fees.
Then he summed up his ruling by saying “It may be presumed that whatever hardship is imposed on the individual plaintiffs by these awards against them may be ameliorated by the sponsors of this action in their name”- which in legalese is a set of instructions to the families who were used, abused & discarded by the Brady Center to seek relief through the courts for the legal fees they are now responsible for due to the incompetence and maliciousness of the Brady Center legal team. I’d say that it would be nice if the Brady Center stepped up and paid the bills these families are saddled with- but we all know that’s never going to happen.
I for one hope the outcome of that lawsuit comes down in their favor. These people have been through enough- having been victimized by the shooter, then once again at the hands of the Brady Bunch.
- Mr. Decker
Blog posts are original content written by 1MMAGC moms and dads.