Usurper

by Richard F. Weyand

  “This one really bothers me,” Sultana said.

  “You want to find for appellant?” Gaffney said.

  “I don’t know. What I don’t want is for those hooligans to be in the Imperial Police,” Sultana said.

  “They were hand-picked for this job,” Garcia said. “They’re Stanier’s hooligans. The ones who will do anything he says, and enjoy it. I know the type. I’m afraid I have to agree.”

  “What’s more to the point is that Her Majesty could well have seen those recordings,” Gaffney said. “Which means we get overturned again unless we overturn the appellate court.”

  “What do we do then? Overturn and remand? That puts it back in the trial court’s hands,” Sultana said.

  “And the fix is in. They’ll get off with slaps on the wrist,” Garcia said.

  “I don’t want to stop there. This was too bad for that,” Guan said. “I agree with Sultana there.”

  “We don’t often take it out of the trial court’s discretion and impose damages, though. It would be a departure for us,” Gaffney said.

  “But sending it back won’t work. They already let them off once. We know that’s where it’s headed if we simply remand,” Sultana said.

  “All right, so what are our proposed findings?” Gaffney asked.

  “All five of those officers are out of the Imperial Police. They lose their badges,” Sultana said.

  “Stanier pays money damages. Enough to hurt,” Garcia said.

  “Complete compensation for the damage,” Guan said.

  “The government should pay damages for the civil rights violations,” Popov said.

  “And I suppose he should get attorney’s fees and costs as well,” Gaffney said. “Are we all agreed on this? I’d rather it be a unanimous decision if we buck the system.”

  Getting nods all around the table, Gaffney sighed.

  “I’ll write this one. There’s some things I want to say. If any of you have anything you want in the decision, write it up and copy me on it, please.”

  “Well, they heard the case, Mr. Finn. What do you think they’ll do?” Dee asked.

  “I don’t know, Ma’am. The fix was definitely in, but they also know that you’re watching.”

  Dee shuddered, and Finn raised an eyebrow.

  “I’m definitely watching, Mr. Finn. Among other things, I watched the VR recordings of that ‘search.’ I was so angry, I had to restrain myself from acting sua sponte on the whole thing.”

  Acting on her own initiative, before the High Court even heard the case? Finn decided he should watch those VR recordings himself.

  “We’ll see what they do soon, Ma’am. And if they don’t decide appropriately, we have a pretty excoriating decision waiting in the wings.”

  “Good. I’d rather not have to, but if the High Court will not administer justice, Mr. Finn, then I shall.”

  It was Finn’s turn to shudder. Anyone who heard the Empress’s tone in delivering that promise would never doubt her commitment to justice.

  Not with impunity.

  “The High Court issued their ruling in the Solisbury case,” Galbraith said.

  “I saw. I thought you had them on retainer. Is that the way you wanted the decision to go?” Saaret said.

  “No. I called Gaffney about it, and he jumped down my neck about it. This case was a bridge too far, in his words. These guys were way out of line, and they shouldn’t have a badge. He said Newsom would be well-advised to sack Stanier for that matter.”

  “I’m not sure I disagree with him. Did you watch the VR recordings of the search of Solisbury’s apartment?”

  “No. Should I?” Galbraith asked.

  “Yes. It was scary to watch. And sickening. They just went in there with the goal of doing as much damage as they could. And they’re the type of fellows who really enjoy their work, if you get my drift.”

  “That bad?”

  “No. Worse. That’s why I said you should see it. And Gaffney’s in a tough spot. He knows the Empress is watching now. You have any doubt she would overrule them on this as well if she was of a mind?”

  “No. Not anymore.”

  “There you are, then. The Empress has a much expanded research staff, and she’s using it to keep an eye on all of us. Anybody who doesn’t toe the line of her policies is going to find out about it. That’s my prediction.”

  “Stanier won’t be happy.

  “Fuck Stanier,” Saaret said. “Newsom’s got a real problem child out there, and it’s going to come back to haunt him if he doesn’t get him under control.”

  “How do you know it wasn’t by Newsom’s order?”

  “Newsom’s smarter than that. I hope, anyway. Or at least more subtle. But Stanier is just trouble waiting to happen.”

  “I have to admit that I didn’t expect this decision out of the High Court, Mr. Finn,” Dee said.

  “It’s very surprising, Ma’am. They didn’t even remand. They took it away from the lower court completely.”

  “They gave Mr. Solisbury complete compensation for his losses, treble damages, and three million credits for his civil rights claim, plus complete reimbursement for his attorneys fees and costs.”

  “Oh, but they also took the badges of the officers involved, Ma’am, and banned them from being police in the future as ‘unfit to hold a badge.’ Extraordinary.”

  “And Mr. Stanier is to pay one hundred thousand credits of the civil rights claim out of his own pocket. That, Mr. Finn, is very satisfying.”

  “The rest of the compensation, is that coming out of the Imperial treasury, Ma’am?”

  “No, Mr. Finn, that is to come out of Lord Newsom’s current budget. For that to come out of the treasury, I would have to approve it personally, and I find myself unwilling to do that.”

  “I predict Mr. Stanier and Lord Newsom will be less than pleased, Ma’am.”

  “Actually, Mr. Finn, I think the wording of the decision is more damaging than the financial damages. Chief Justice Gaffney apparently wrote the opinion, but I think I recognize some authorship by the other justices in portions of the decision.”

  “Some of the stronger portions, Ma’am. I agree. That portion on the damage to the apartment’s furnishings was likely written by Justice Gau. By the way, I have watched the recording now, and I concur with Justice Gau’s disgust.”

  “And I think it may have been Justice Popov or Justice Cain who wrote the section enjoining any further harassment of Mr. Solisbury, and threatening contempt of court and more aggressive enforcement for any violations. They have essentially called into question Mr. Stanier’s ability to operate lawfully. That I also find very satisfying, Mr. Finn.”

  “Yes. All in all, a triumph for the forces of light against the forces of darkness, Ma’am. And you didn’t have to step in and overturn the High Court.”

  “Which is a good thing, Mr. Finn. After watching that recording, I may have been more than a little tempted to over-respond.”

  “’Off with their heads?’”

  “Well, we are bringing back a lot of the traditional roles and customs of the Throne, Mr. Finn. That one, though, probably won’t be needed.”

  “Probably, Ma’am?”

  “We shall see, Mr. Finn. We shall see.”

  Finn was sure she was joking, but there was no humor in her eyes or her tone when she said it.

  “God damn it! What the fuck is going on!” George Stanier shouted to no one in particular after he read the decision by the High Court.

  “Wasn’t this supposed to be arranged in advance, sir?” asked Serge Krupin, Stanier’s assistant.

  “You damned right it was. Newsom assured me he had it all set up. They were just milking that asshole Solisbury to cost him as much money as they could before they shut him down. Newsom is pretty pissed about some of the shit Solisbury’s been writing, too. But now that little shit can write whatever the hell he damn well pleases. If I do anything about it – anything at all – Gaffney will throw me in priso
n. This is pretty clear about that.”

  “And Gorecki and his squad lose their badges.”

  “They probably should lose their badges – for stupidity. I told him to go harass the guy, bust things up a little, but not to tear his whole apartment apart. And on fucking camera, no less. I mean, it’s no more than Solisbury deserved. Who the hell does he think he is, anyway? But now they’ve made the little shit untouchable.”

  Stanier stopped and got a distant look for a second.

  “Hang on a second, Serge. Newsom’s calling. Just stay here. It’ll only be a couple minutes.”

  Stanier got the vacant look of someone in total VR. When he came out of it several minutes later, he was a bit calmer.

  “Newsom said this is all because of that perjury case against a bunch of Pomeroy’s people a couple months back. The High Court let them skate, and then the Empress stepped in and reversed them. She’s got a bunch of judges in the palace who she’s consulting, and Gaffney’s spooked she’ll replace the whole High Court if they don’t straighten up.”

  “So they slammed you rather than get slammed by her.”

  “Yeah, looks like. Anyway, Newsom’s gonna slide me the cash for the fine. And I can still have Gorecki and his boys on the payroll, they just can’t have badges. So no police powers, but I can still use ‘em, here and there. You know.”

  “So the Empress is leaning on the High Court to clean up, huh? And you got caught in the gears.”

  “Yeah. You know, that bitch is really starting to piss me off.”

  “But you can’t do anything about that.”

  “I wish I could, though. I sure wish I could.”

  Lord Pomeroy and Chief Stanier were at dinner.

  “I did try to warn you , George.”

  “I know, Larry. I just didn’t think she’d weaken corporate immunity. That’s just stupid.”

  “Like I said, she doesn’t know what she’s doing. And it’s going to get worse.”

  “No shit. Like that asshole Solisbury. Calling us ‘jack-booted thugs.’ And worse. Weakens respect for lawful authority across the board. OK, you want jack-booted thugs, I figure, here, have a taste. Now I can’t so much as look at that asshole sideways without ending up in the clink myself.”

  “Amazing. So how bad is this for you, George?”

  “Not too bad. I got five guys lost their badges. I can still use them, but not for, you know, police stuff. I have them learning all the military hardware we’re getting. I figure it ever gets to where we need that stuff, people are going to be more worried about order in the streets than manpower details. And shuttle pilots and the like don’t need badges.”

  “What about the financial part of it?”

  “Newsom said he’d slide me the damages money, so it’s not coming out of my pocket. What really bothers me is it’s going in Solisbury’s pocket. Larry, it’s like he’s getting paid for being an asshole.”

  “Strange times, George.”

  “You got that right, Larry.”

  The Bar Association of Sintar

  It was a warm evening. After Dee and Cindy swam laps, the four of them were lounging on the pool deck. Dinner had been beef and vegetable kebabs with couscous, a Greek salad, and baklava for dessert. Dee loved baklava. It reminded her of the honey- and jelly-filled biscuits her mother used to make for her.

  “I think the High Court cases went really well, Dee,” Cindy said.

  “Yes. And now they know we’re watching. I think that’s clear from their decision in the Solisbury case. That’s very gratifying.”

  “So what’s next?” Sean asked. “The weapons system subpoenas?”

  “That’s on the schedule, but I think we wait six months or so.”

  “It’s been three years already, Dee,” Bobby said.

  “Yes, I know, Bobby. But General Daggert says the threat level has heated up. I don’t know what all sorts of things he monitors, but he would just as soon I let things cool off a bit before issuing those subpoenas. And Vash wants to polish them some more.”

  Cindy laughed.

  “And she always will. She’ll never be happy with them, Dee. In fact, they’re ready to go now. But, if we’re not going to do that, are we just going to sit around for six months?”

  “Oh, now I didn’t say that,” Dee said. “We just want something a little lower key to accommodate General Daggert’s worries.”

  “What did you have in mind?” Cindy asked.

  “How about the new bar association?”

  “Oh, I like it. We already have the courts checking their behinds, might as well reinforce it while we still have their attention.”

  “That’s what I was thinking. So how do we go about it?” Dee asked.

  “You can put Pullman, Finn, and Simms on it. Who do you think should head it up?”

  “Probably Finn. Simms and Pullman both have other responsibilities or other major efforts under way. He can certainly get them to help, though.”

  “Do you do it here, in Imperial Park somewhere?” Cindy asked.

  “No, I want it ultimately to be independent. Some office building in Imperial Park East somewhere. In among the law firms.”

  “Here’s a big one. How is it funded if you want it to be independent? Because whoever is funding it, controls it.”

  “I’ve been thinking about that,” Dee said. “I think it would be best if I endow it.”

  “Endow it?” Sean asked.

  “Yes. I give them a one-time big pot of money, and they run the operations off the interest from that, and then grow the organization as dues and publication royalties come in. But they’re not dependent on anyone else for money coming in, ergo independent.”

  “That works, I think,” Cindy said. “Royalties from what publications?”

  “How about a book explaining the big new changes to the law when it comes out? We draw it up right along with the changes to the law, then publish it through the new bar association at the same time as we release the new statute books. It will be the only place to get an explanation of the changes until other people have time to draw up their own books.”

  “Oh, I like it. We can actually publish the statute books through the new bar association, too. Everybody will want to have a set.”

  “Wait a second,” Bobby said. “Wouldn’t everybody just access the new statutes and the explanations through the VR? You can’t charge for copies of the law you expect people to obey.”

  “Sure, but the explanation and analysis books would be provided on a subscription basis,” Dee said. “Not free. Same thing with the annotated versions of the statute books.”

  “Ah. I see,” Bobby said. “And there’s the ongoing funds to run the new bar association.”

  “Exactly.”

  “So, Mr. Finn. We have six months or so of hiatus in causing major consternation before we issue the weapons systems subpoenas. Some minor consternation is therefore in order. I think it’s time we took on the bar association problem.”

  “How would you like to go about that, Ma’am?”

  “Probably first we need some by-laws and some membership rules. Can you and Mr. Pullman work on those, Mr. Finn? Probably pull in Judge Simms and some of his people as well.”

  “Certainly, Ma’am. One obvious membership rule is no corruption.”

  “Yes, but I want more than that, Mr. Finn. I want an affirmative obligation to report corruption that a member observes.”

  “You’re going to get a lot of reports, Ma’am.”

  “As may be, Mr. Finn.”

  “What about organizational structure, Ma’am?”

  “A retired jurist to head the organization, I think. Active jurists and attorneys to serve on the board. A staff. And you can make me Honorary Chairman, Mr. Finn.”

  “You, Ma’am?”

  “Yes, Mr. Finn. I expect this organization to have some teeth. What better way to ensure that everyone gets the message?”

  “And how will it be funded, Ma’am?”

>   “I’ll endow it at first, Mr. Finn. Substantially. Then we will release the new laws, and the first explanations and discussions of those new laws will be published through this new bar association, as well as the annotated versions of the statute books. For a substantial subscription fee, of course.”

  “Which substantial subscription fee will be waived for members, of course, Ma’am.”

  “Of course, Mr. Finn.”

  Finn had explained Dee’s plans to Pullman and Simms.

  “So that’s what she wants. Any ideas? Problems? Questions?”

  “I have one question,” Simms said. “Do we want membership in the Bar Association of Sintar to require withdrawing from the Imperial Bar Association?”

  “That’s an interesting question,” Finn said. “My first reaction is to say no, but then we are left with the situation where the ethics rules or membership rules may disagree.”

  “I think what we do in that case is state that, where there is a disagreement between the membership or ethics rules of any other bar association and the Bar Association of Sintar, that the rules of the Bar Association of Sintar take priority,” Pullman said.

  “OK, that works,” Finn said. “Attorneys are used to that sort of thing already. Some statutes are written that way, after all. Imperial preemption clauses and the like.”

  “Exactly,” Pullman said. “To me, the biggest question is who do we get for the board, and especially for chairman.”

  “I have some thoughts in that regard,” Simms said. “Some of the people who turned us down for positions on the Shadow Court were with us. I just think they’ve been so disappointed in the past that they didn’t want to be part of another losing effort.”

  “You thinking of Judge Ginsberg?” Finn asked.

  “Yes,” Simms replied. “And a couple of others. Bob, I think it’s time you and I went out on the dinner circuit again.”

  “Did you see the latest, Saaret?” Galbraith asked several months later.

  “The announcement of the new bar association? Yes. That’s an interesting move, so soon after the High Court cases.”