Decency

by Rex Fuller

  At the back door, Kathy turned to Kelly. “The house phones too?”

  She simply nodded.

  In silence they climbed the stairs, retrieved the Toshiba and Kelly took it out to the car where the disks were.

  She flipped the power switch and nothing happened.

  Kathy offered, “Maybe the battery is dead.”

  “Do you have the power cable?”

  “If we do it’s still upstairs.”

  They returned upstairs and rummaged through the stacks of boxes and the rest of the closet. Nothing like a computer power cable turned up.

  Kelly motioned to Kathy to follow and they returned to the car.

  “Kathy I didn’t see any other computer up there. Is this the only one that you know of?”

  “She had one she took to college, a really old Macintosh. I don’t know what happened to it. This is the only other one of hers.”

  “Okay. I guess that’s it, then. I’ll take this back to Washington with me and take a look at it there, okay?”

  “Sure.” She looked down past the barn. “Harlan’s comin.’ Can you stay for dinner?”

  Harlan stopped the John Deere just up from the barn door, turned it off and swung to the ground. He raised an arm and walked up the path, half smiling and half frowning.

  “Hey, Kelly. Surprised to see you. Anything wrong?”

  “Hi, Harlan. I came to get this computer. I think it might have evidence on it, or might let us read the disks from Samantha’s closet.”

  “Well, it will some of them. We had a friend show us how to fire it up. I took a look at those disks. They have some things in English but a lot of it is just numbers.”

  “Harlan, are you sure?”

  “Course, I’m sure.”

  “Did the parts in English make sense?”

  “Not to me. They looked like reports of some kind. Samantha didn’t even write some of them.”

  “Here’s the thing. This may be the only computer in the world that will read those disks. We tried them on all kinds of computers in Washington and they couldn’t read them. I think Samantha made her own operating system and put it on that computer. So, only it will read the disks. That’s got to be important. At least it means she didn’t want anyone else to be able to read the disks.”

  “Makes sense.”

  “Makes a lot of sense.”

  “Can you stay for dinner?”

  “Thanks, but folks, I’ve got to get back. Harlan, I told Kathy I think your phones might be tapped. They might not be, but if they are, we can’t talk about the case on those phones. Do you have a cell phone?”

  “We both do. We use Sprint PCS. You’d be surprised how many steps it’ll save around a farm.”

  “Great. Cell phone calls are automatically encrypted. If you need to call me, use those. Here’s my cell phone number. Call me only on it. What are your numbers?”

  They give her the numbers as she jotted them on a business card to put them in her phone on the plane.

  “Okay. By the way, don’t call, even on the cell phones, from inside your house, the café, or even your cars, until I give you the go ahead.”

  Harlan held out his hand to shake Kelly’s.

  “Sounds good. Thanks for all your hard work. It means an awful lot to us.”

  …the right thing…these people know when to say thanks and show it…

  She shook Harlan’s rough, solid hand, with a real sense of satisfaction at having earned his appreciation.

  Kathy extended both arms, palms up. Kelly returned her strong hug. Kathy clung for a long moment, saying more than she could with words.

  Kelly left and Kathy and Harlan went to the cafe to serve the evening meal crowd.

  When they have gone. No one saw the figure, dressed as Harlan normally does, walking in the shelter belt near the house. No one observed the figure bury the package containing a Mack 10 submachine gun in the tree line. No one saw the figure enter the house or insert the device behind the phone jack wall plate in the living room, or the figure’s departure.

  19

  Filing up the jetway at Reagan National, Kelly turned on her cell phone.

  …hate to call Bonnie at home after midnight…we have to arrange work on the disks…

  A sleepy voice answered. “Huh-loh.”

  “Bonnie?”

  “Yes.”

  “Sorry to call so late. I have something that might break the case. Can you meet me at the office first thing in the morning?”

  “Sure, how early?”

  “Is 7:00 too early?”

  “No, I might miss most of the traffic.”

  “Okay, see you then.”

  “Kelly, before you go…we have a problem. Richardson wants to back out.”

  “For God’s sakes, why?”

  “His wife received a threat.”

  …wait, what about our home phones…?

  “Okay. Can’t talk now. Thanks, Bonnie. See you at 7:00.”

  Kelly ended the call. She got the car in the short term lot and drove home wondering what could go wrong next.

  At the office the following morning, Kelly arrived first and Bonnie a few minutes later. No one else was there.

  “Good morning, Bonnie. Thanks for coming in.”

  “Good morning. It’s no problem. In fact, I’m glad to have someone to talk to about this besides Mr. Kramer. I have to tell you, he seemed like Richardson backing out was really bad news.”

  “It would be if we can’t get him back.”

  “Richardson sounded pretty scared. He said a stranger personally spoke to his wife, mentioned his entire family by name and that she should tell him to mind his work.”

  “Did he say this case was mentioned?”

  “No. But that’s the way his wife is taking it. He said she won’t even go outside the house.”

  “Did he say anything about how whoever is making the threat learned about his involvement?”

  “Not that either. And that’s what bothers me. I can’t figure it out.”

  “Only one thing makes sense to me. Come on, let’s go. Would you bring the diskettes, please?”

  Kelly picked up the Toshiba, Bonnie brought the diskettes, and Kelly led the way toward the elevator.

  Inside the elevator, Kelly let the door close but did not punch a button for a floor.

  “Bonnie, I think our phones might be tapped.”

  “Just because of this case?”

  “‘Why’ is a bit of a mystery but how else would anyone a stranger to Richardson know he was involved in it?”

  “I guess so but…the NSA can’t legally listen to Americans in the U.S.”

  “Right, unless they get authority to listen for foreign intelligence material. But we can’t just assume it has to be NSA. At least two other offices, the FBI in the form of Fitzgerald and the U.S. Attorney have enough knowledge of the case itself to possibly be doing the listening.

  “Plus, ‘phones tapped’ is an inaccurate term. It implies actually connecting to the line. These days there is a range of methods. Also, it might include computers, faxes, printers, etc.

  “Anyway, for the foreseeable future, assume you’re speaking into a microphone when you are in our office and that you’re sending to somebody else’s screen when you use a computer or fax. Just don’t work on this case in our office.”

  “How do we manage that?”

  “I’m going to get another office. For today, we have two critical things to do. We have to read these disks. Harlan Pierce said this computer will do it. We might need to get Christian Mason to help. Harlan said some of the files were not in English, just numbers or symbols.

  “Tonight we’ll go out to the Richardsons’ together. I would go now myself, except Mrs. Richardson might spook even worse if I show up alone in the middle of the day.”

  “So we only use cell phones?”

  “Yes, exactly. Okay, then, I have a partners’ meeting this morning. You take the Toshiba and get cracking on it while I’m
at the meeting. If you need help with getting Mason, come and get me in the meeting. You’ll need a power cable. The battery is probably dead. And don’t hook it up to anything but power. And remember, to call Mason, or to call or talk to anyone about this case, use your cell phone and do it from outside our offices.”

  Bonnie brightened a bit.

  “This is getting interesting, even if the NSA general counsel says there’s nothing here.”

  The partners waded through the meeting agenda with more than normal carping and sniping. A troubling ebb of cash flow put the spirit of cooperation in short supply. And then real trouble took hold.

  Abe cleared his throat and summoned his courage.

  “Kelly…we need to address the Pierce case. It appears from the meeting at NSA that there is no case. If that is so, how do you intend to dispose of it?”

  “Abe, I’m disappointed to hear you speak in terms of disposing of the case.”

  “Yes, I’m sorry we did not get a chance to go over it earlier. But you were out of town.”

  “I was traveling in connection with the Pierce case. I think I may have found significant evidence…”

  Campanelli abruptly put in.

  “Of what, Kelly? Unless this evidence is a written confession contradicting the NSA general counsel, there is no case. If you had one, it’s gone, poof, can’t you see that? As I’ve been saying, we’ll look dumb as hell.”

  Kelly stood her ground. “As I was about to say, evidence of real wrongdoing on the part of NSA management.”

  Campanelli would not let go and shouted, “Goddamnit! We lose, especially if you win. Every nut job thinks their shrink is screwing them. You won’t be able to hire enough screeners to keep them all away.”

  Kelly shot back, “You ought to know. You do criminal law.”

  MacIntyre assumed the floor.

  “Michael is right, Kelly. Wrongdoing doesn’t equal liability. Can you show us this wrongdoing somehow gets you over the restrictions against reviewing security clearance decisions, which frankly I don’t think is possible?”

  “No, not yet.”

  “Then we have to protect the firm, Kelly. The press has gotten wind of the case. Ridicule, utterly unnecessary ridicule, will follow if this firm’s name is connected to a quixotic lawsuit. I think you have to withdraw it.”

  “My name is on the front door, Donald. If anyone is concerned about our reputation, I am.”

  MacIntyre would not let go and his voice was rising. “In recent times your name is about all that was present around here. We have all understood the immense toll on you that losing your husband caused. But we can’t pay that toll any longer.”

  …well, there it is…not pulling my weight…

  One of the newer partners added, “We can’t help anybody if we don’t stay in business.”

  A little too loudly Kelly shot back at MacIntyre. “There wouldn’t be any firm here if not for Abe and for me…”

  Abe put out his hands palms down, a feeble calming gesture, and interrupted. “Folks, let’s focus on the reality. I don’t think the issue is the possibility of fetching up on shoals of ridicule.”

  He bared a disapproving look at Campanelli. Then turned to Kelly. “However, it need not go that far to cause real damage to the firm. Kelly, you know that clients - our type of clients anyway - don’t come looking for lawyers who make a big show and fail. They want results.

  “None of us has a permanent lease on the areas we practice in. Clients pick from the firms that get results and forget the ones that appear to lack success. The appearance of failure is failure when it comes to growing the practice. Kelly, I’m sure you agree it is an overwhelming financial risk.”

  Kelly looked at Abe in utter dismay. Then she slowly looked directly at each member around the table before speaking.

  “All right. Let me put it this way. It is possible there is no case here. I have not yet made that judgment. I intend to pursue the case until I can make that judgment.”

  She paused and looked at them again. “And this case may require clearances of the kind that involve extended background investigation. That means fastening upon your personal financial and marital situations and could result in making a government record of any history of gambling or extramarital involvement, which I know to be unappealing to some of you. I have to do what I have to do. If that conflicts with what you have to do, then so be it.”

  No one spoke. Everyone knew the antagonism has crossed the line where parting of ways was the next step.

  Finally, Abe announced the obvious. “Regrettably, I believe a vote is required on the question of removing the firm from representing the Pierce family in the pending lawsuit. Those in favor…”

  Twelve hands went up, then the thirteenth, Abe Kramer’s.

  “The vote is thirteen to one in favor. Kelly, I trust you will continue to represent the Pierces and that you will make the appropriate filing with the clerk to indicate the correct affiliation and, if necessary, address.”

  “My friend, your trust is well-placed.”

  “I believe we can adjourn.”

  The others quickly took flight as though they just looked over a cliff.

  Abe and Kelly remained. “Kelly, the ball is entirely in your court. If you keep the case, you can do it on a leave of absence basis…what you were supposed to be trying to do when you took the case in the first place. Whatever you decide, you know you will always have a home here.”

  “I’ll keep the case until I can make a clear decision it’s not valid. As far as the leave of absence goes…it doesn’t seem appropriate. I’ll probably make a clean break.”

  “If there’s any way I can help, let me know.”

  “Abe, I know you mean well, but I needed your help just now.”

  Tom, I hope I’m doing the right thing. I think I just got fired from my own law firm. That must mean I’m doing something awfully right or awfully wrong…

  Better give Bonnie the news when she finishes with Mason so she can get together all of the material she has to give back to me.

  Then the next order of business is to get out to the Richardsons’…

  Key witness backs out of an already weak case and I get fired. What a way to start the day.

  Jannie had taken up her position outside Kelly’s office ready to give her phone messages and take notes after the partners meeting.

  “Good morning, Kelly. How was the trip?”

  “It was productive, I think. Come on in Jannie, I have some news.”

  Jannie took the chair in front of the desk as Kelly sloughed off her suit jacket.

  “Jannie, I just got fired from the firm.”

  “I can’t believe they actually did it.”

  “What do you mean?”

  “While you were gone there was some scuttle-butt among the secretaries. Some had heard their partners grousing about the Pierce case.”

  “Well, it’s true.”

  “Can they really do that? I mean it’s really your firm.”

  “Each partner has a vote on certain matters, like ultimately whether the firm will continue to represent someone. The partnership agreement allows it. To insure no one carries a slow paying client past the point of reasonableness. I was out-voted…thirteen to one.”

  “I’d say. I think they’re gutless.”

  “If I drop the Pierce case there wouldn’t be any big disagreement and they would probably want me to stay.”

  “So what are you going to do?”

  “Well, I’m telling you this because I’m keeping the case and won’t be staying. I want you to come with me. But your position here is more secure. I’ll certainly understand…”

  “Kelly, I never did work for the firm. I work for you.”

  “With me. I keep telling you that and I mean it…and thanks.”

  “Well I mean it too.”

  “It’ll be a few days at least, before we move everything to other space. That will give you time to think it through. Really. As you
know, I had eased out of my case load and then this Pierce case came along. There isn’t going to be much of a client base to support salaries, for a while anyway.”

  “If you find you can’t afford me, we’ll cross that bridge when we come to it. Okay?”

  Kelly looked at her carefully. “Thanks, Jannie. It means a lot to me.”

  “Sure. What’s next?”

  “I need to get together with Bonnie. Also, as long as we’re here don’t talk about the Pierce case in these offices. Not on the phone and not at all. If someone is listening, I don’t know how but they can get the conversation just like the whole room is a microphone. Also, don’t use the fax machines or the computers to handle Pierce case information. I know that sounds like, ‘Don’t work on the Pierce case,’ for all practical purposes.”

  “Yeah, pretty much.”

  “For now, only use a cell phone…do you have one?”

  “Sure.”

  “Okay, use it. And only from inside the elevator or somewhere away from these office spaces. I’ll reimburse the expense.”

  “Do you really think it’s…clandestine?”

  “We’ll see. One thing though, would you please be sure I have nationwide calling on my cell phone at the lowest rate? I’m going to be in Nebraska some more.”

  “Can do. Want some coffee?”

  “Thanks, wouldn’t hurt. We still have some of that blend from Yoakum’s recipe, don’t we? The strong stuff?”

  As Jannie left for the coffee room, Kelly slipped the Van Morrison CD from its case, started the player and listened to the first track, The Bright Side of the Road. Morrison said it just right. We all need someone to share our load and help get us to the bright side.

  Tom, I’m going to keep counting on that bright side of the road big time…

  Kelly’s cell phone rang and she stopped the CD.

  “This is Kelly Hawkins.”

  “It’s Bonnie. Mason is here. We’re in the J. W. Marriott. A conference room. You need to see this. Can you come down right away?”

  “Be there in ten minutes.”