The Price Of Power
Page 26
Someone in the audience laughed at the admiral’s directness.
“Admiral Hart, you know Admiral Billings, don’t you?”
“Yes, I know him, but I wouldn’t say we’re friends.”
“You’ve known him for years, haven’t you?”
“Yes.”
“Have you ever known him to disobey an order before?”
“Objection, Your Honor, this is irrelevant.”
“Overruled.”
“No.”
“Let’s step back a little bit. Admiral,” Dillon said, moving away from the podium. “What is it that started this series of events?”
“I suppose you mean the attack on the Pacific Flyer?”
“Exactly,” Dillon said. “You would agree with me that just a short time ago, a group of people, perhaps Indonesians, perhaps not, attacked an American flag merchant vessel, murdered the crew, and sank the ship in international waters. Correct?”
“Yes.”
“And when you first heard about it, your instinct—the same as probably everyone in this room and everyone else in the country—except the President—was to send a Navy battle group to aid the Pacific Flyer. Correct?”
“Objection. Argumentative.”
“Sustained.”
“You ordered Billings’s battle group to the location of the sinking, correct?”
“I didn’t order it, but that did happen, yes.”
“The idea in sending the battle group was potential use of force, wasn’t it?”
“Not necessarily…”
“Not necessarily, but that was at least a reason for sending the battle group, wasn’t it?”
“Yes.”
“And that is in fact why we as a country have armed forces, isn’t it?”
“I’m not following you…”
“We keep armed forces the way we do, and we keep ships at sea, to respond to situations such as this, don’t we?”
“I suppose in some way, yes.”
“And the Navy ordered Admiral Billings’s battle group to do its best to find the perpetrators of this murderous act, correct?”
“Yes.”
“And they were ordered to look diligently, all night, all day, flying every one of their airplanes all over the Java Sea to find them, weren’t they?”
“Essentially, yes. We wanted to find out who did this—”
“Why?” Dillon asked quickly.
“In case the President wanted to mount a military operation, or to assist Indonesia in taking the perpetrators into custody, if in fact that was the way we wanted to proceed.”
“But one of the reasons why you were looking for these individuals, at least early on, was the possibility of military action. Correct?”
“Yes, that’s what I said.”
“And it would be Admiral Billings who would conduct that military operation, isn’t that so, sir?”
“Yes.”
“In fact, after the pirates were located, on a small island north of Sumatra, Admiral Billings notified you of his intention to send SEALs ashore. To do reconnaissance and determine the nature and size of the force that you were dealing with, isn’t that true?”
“Yes, he so informed us.”
“And nobody told him not to do that, did they?”
“No,” Hart said, trying to remain patient, “he was not ordered not to do that.”
“You authorized SEALs to go ashore in Indonesia, without Indonesia’s permission, in violation of international law, to conduct reconnaissance on this group. Isn’t that a true statement. Admiral?”
“Objection, Your Honor, argumentative,” the prosecutor said. “Sending SEALs on an island has nothing to do with this case—”
“Overruled,” Captain Diamond said. “Continue, Mr. Dillon.”
“Isn’t that true. Admiral?”
“Essentially, yes.”
“You came here to testify against Admiral Billings and you have now admitted that you have violated international law yourself?”
“I wouldn’t call it a violation of international law.”
“Are you saying you had permission to send SEALs ashore in Indonesia?”
“No. It is a minor trespass which is occasionally anticipated—”
“It was a violation of the sovereignty of Indonesia, wasn’t it?”
“Admiral Billings ordered them ashore, Mr. Dillon. If there was any violation, he’s the one who is guilty. We simply failed to stop him,” the admiral said icily.
Dillon stared at Hart as if he were shocked. He lowered his voice, “You’re not saying he was acting on his own, are you?”
“No,” Hart said, sitting back and pouring himself a cup of water, feeling suddenly uncomfortable.
Dillon paused before going on. “He had your full authority, and that of the President, in sending in those SEALs. True?”
“Yes.”
“And after the SEALs found no one on the island, a United States submarine tracked the terrorists to a different island. You knew about that too, didn’t you?”
“Yes.”
“You didn’t ask Admiral Billings not to follow them or to track them inside Indonesian territorial waters with the United States submarine, did you?”
“No. It was authorized.”
“And that was another violation of international law, wasn’t it? Having a United States submarine violate the twelve-mile territorial limit without permission was a violation, wasn’t it?”
“Technically.”
Dillon glanced at him sharply. “Did you say ‘technically’?”
Hart hated these questions from this smart-aleck lawyer. “Yes, I did.”
“You meant to imply by that, to this court and to the American people, that there are certain ‘violations’ that aren’t as serious as others. Correct?”
“I’m not sure what you mean.”
“You said it was a ‘technical violation,’ implying it wasn’t all that serious. Right?”
“I suppose so.”
“Because sometimes it’s expected that rules, regulations … orders are going to be violated. Right?”
“Objection!” Pettit shouted.
“Sustained.”
“Sending the submarine inside Indonesian territorial waters was a violation, is that correct?”
“I suppose so.”
“And you didn’t tell Admiral Billings not to do that, did you?”
The prosecutor rose to his feet again. “Your Honor, what is the possible relevance of this?”
Diamond replied, “Overruled, please sit down.”
“Did you?”
“No, we did not tell him not to do that.”
“And then when they were truly located, and the battle group and the amphibious ready group were prepared to go in and take them, only then, after Congress had decided that was the right thing to do, did you finally tell Admiral Billings not to do something. Right?”
“That’s about right,” Hart said.
“And you made sure that the order arrived in Admiral Billings’s hands, before the Letter of Reprisal arrived, didn’t you?”
“Yes, I believe you were the one who delivered the letter, weren’t you?” the admiral asked Dillon pointedly.
Dillon said, “The point is, you, Admiral Hart, made sure that the order to Admiral Billings not to obey the Letter of Reprisal arrived before the Letter of Reprisal ever reached him. Isn’t that right?”
“Yes, we wanted to make our position crystal clear.”
“And he sent you a message back indicating he did not intend to comply with your order because of the Letter of Reprisal, right?”
“Yes.”
“Admiral, can you recite the oath that you took to become a Naval officer?”
“Yes.”
“Admiral, doesn’t it say that you swear you will support and defend the Constitution, against all enemies, foreign and domestic?”
“Yes.”
“Isn’t the Constitution the first thing that you
swear allegiance to?”
“Yes.”
“Isn’t that exactly what Admiral Billings was—”
“Your Honor,” the prosecutor said, jumping to his feet once more, “this is another argument about legality—”
“Sustained.”
Dillon was frustrated but he went on. “Admiral Hart, you cut off Admiral Billings from all Naval communication, didn’t you?”
“Yes.”
“And that was on the order of the President, wasn’t it?”
“Yes.”
“So all intelligence, all updates, all Naval messages, all helpful information was denied to Admiral Billings after he sent you his message indicating his intention to follow the Letter of Reprisal, correct?”
“Yes.”
Dillon turned the page in his notebook before asking his next question. “Isn’t it true, Admiral, that at the time the attack occurred, you knew that the Carsons—the missionary family—were being held on the island that was about to be attacked by the Navy battle group?”
The crowd gasped.
“No.”
Dillon’s face showed his surprise and he glanced quickly at Molly, who appeared equally surprised. Dillon regrouped. “Isn’t it true, Admiral, that at the time that the USS Constitution battle group attacked the pirates on Bunaya, you and the President knew that the missionary family had been kidnapped from Irian Jaya?”
The admiral considered for a moment. “Yes.”
The crowd started talking loudly.
“Order!” Captain Diamond said.
“Admiral Billings was set up, wasn’t he, Admiral?”
“Objection. Argumentative.”
“Sustained.”
“You and the President knew that the missionaries had been kidnapped in Indonesia, and you knew that could be a factor in what was happening down there, didn’t you?”
“We didn’t know the implications of the kidnapping.”
“You did not send a message to Admiral Billings informing him of the kidnapping even though you knew about it before the attack, correct?”
“That’s true.”
“You could have at least notified him, and prevented the very thing he is now being charged with, correct?”
“I don’t know if it would have changed anything. He wasn’t impressed with the direct order from the President.”
“You took no steps to notify the admiral that these missionaries had been kidnapped even though you knew it. True?”
“No.”
“Wouldn’t you like to take this opportunity now Admiral Hart, to apologize to Admiral Billings for not telling him about the kidnapping?”
“Objection. Argumentative. Badgering the witness,” the prosecutor said.
“Sustained.”
“Admiral, must all orders be obeyed?”
Hart hesitated. “Generally, yes.”
Dillon studied Hart. “By using the modifier ‘generally,’ your answer to my question is ‘no,’ all orders do not have to be obeyed. Correct?”
“Well, I guess that’s right. It depends on the order.”
“Exactly,” Dillon said quickly. “Some orders have to be disobeyed. Correct?”
Hart shrugged. “Without knowing what you mean, I’m not sure I can say.”
“You agree that there are orders which must be disobeyed, isn’t that true?”
“I’m sure I could imagine some.”
“For example if you issued an illegal order—”
Pettit jumped up. “Here we go again, Your Honor—”
“We’ve heard enough about illegal orders, Mr. Dillon.”
“I’m not going in that direction. I beg the court’s indulgence. I will not be arguing the order was illegal.”
“Continue, but be careful,” Judge Diamond admonished.
“Wouldn’t you agree, Admiral? If you or someone else issued an illegal order, for example to sink an unarmed Indonesian fishing boat with no reason, Billings would be required to disobey that, correct?”
“Correct.”
“And there are other times or circumstances when orders are to be disobeyed, correct?”
“I suppose so.”
“For example, there is a general right, if not a requirement, of self-defense against a hostile act. Right?”
“Yes, the right of self-defense is an exception to the general rule of nonengagement.”
“And Admiral Billings would be entitled, in fact required, to exercise self-defense if attacked, correct?”
“Yes. But that was not—”
“If in fact Billings’s forces were attacked, he would have the right of self-defense, right?”
“Hypothetically, yes.”
“Well, Admiral Hart, Admiral Billings’s forces were attacked, weren’t they?”
“No, the Pacific Flyer was not part of Admiral Billings’s forces,” Hart stated.
“I didn’t mean to imply the Pacific Flyer, forgive me if I did. An F-14 from the USS Constitution was engaged and shot down. Isn’t that so?”
“Yes, I believe so.”
“And you knew it. Right?”
“We were informed.”
“Well,” Dillon said, putting his hands in his pockets. “You were more than just informed, weren’t you? Didn’t Admiral Billings send a flash message to you indicating that an F-14 had been attacked and that Cigarette boats were coming out to pick up the aircrew?”
“I believe so.”
“And it was thought that they were the same boats, or at least identical to those boats, that attacked the Pacific Flyer. Correct?”
“Yes.”
“Shooting down an F-14 is a hostile act. Correct?”
“Yes.” Admiral Hart began to squirm.
“When three speedboats, which had been associated with a vicious attack on an American ship, come racing out to two downed American aircrew, that too is a hostile act, isn’t it?”
“It could be considered that.”
“It is, isn’t it?”
“It could be,” Hart said, angered.
“Admiral Billings was justified in attacking the people responsible for shooting down the F-14, wasn’t he?”
“Do you mean attacking the boats?”
“Yes, let’s start there. You would agree that he was justified in attacking the boats that had come out to pick up the downed airmen, right?”
“Possibly.”
“Possibly?” Dillon asked sarcastically. “Admiral, he had to attack them for the safety of the two downed aircrew, didn’t he?”
“Probably.”
“You don’t hold it against him that he did, do you?”
“Not really.”
“In fact, Admiral, isn’t it true that Admiral Billings sent you a flash message and asked for clearance to fire on those very boats?”
Hart poured himself another small glass of water. He drank from the glass, put it down, and muttered, “Yes.”
“You knew the F-14 had been shot down and you knew the boats were coming out to pick up the aircrew, and you knew Admiral Billings had asked for clearance to fire, and you didn’t even respond to the request, did you?”
“I was told by the President not to respond.”
“You did not respond, did you?”
“No.”
“Admiral Billings was justified in responding to the hostile acts of those on the island of Bunaya, wasn’t he?”
“Perhaps.”
“Including attacking them, correct?”
“As to the boats—”
“If the American forces were attacked, Admiral Billings was justified in attacking those who committed the hostile acts, correct?”
“It depends on your interpretation of the rules of engagement. You may respond to defend yourself against a hostile act, but you may not continue to pursue them when they are retreating.”
Dillon wanted one last concession. “Admiral Billings was justified in responding with force to hostile acts on American forces, wasn’t he?”
“No further questions,” Dillon said. He closed his notebook and went back to his place at the defense table.
Captain Diamond glanced at his watch. “At this point we’ll take our morning recess,” he said, and got to his feet.
The members of the court filed out and the spectators stood up, falling into conversations among themselves, as they waited to leave the auditorium. Billings leaned forward and spoke to Dillon. “Nicely done, but did you have to be so hard on him?”
“Why do you think he’s here, Admiral?” Dillon said, surprised by the question.
“He’s been told to be,” Billings said, stating the obvious.
“He is here to hang you.”
“I just don’t want to alienate everybody in the Navy.”
“I wouldn’t worry too much about that right now. My guess is they identify with you. Anybody that comes here to testify is expected to take a few hits. That really wasn’t much.”
“Well, you made him feel bad,” Billings said, scratching the back of his hand. “I don’t know whether it got us anywhere, but it was fun to watch. But I need to know something else.”
“What’s that?” Dillon asked, thumbing through his briefcase for an outline.
“Why didn’t you make an opening statement?”
Dillon could see that Molly had the same question. Dillon sighed. “Frankly, Admiral, I didn’t know what to say. My whole theory all along has been that the President’s order was illegal. The judge took that position away from us. He won’t even let me address it. And there’s not much question the order existed or that you didn’t comply with it. So, I didn’t know how to deal with that.”
“You mean we’re going through this and you don’t have a strategy?” Billings said, scowling.
“That about sums it up. If you’ve got one, I’d love to hear it. Otherwise, I’m making this up as I go along.”
Billings’s face showed his shock. It was the first time Dillon had seen him without anything to say.
Molly came closer to Dillon. “Were you serious?”
“About what?”
“About not having any strategy?”
“Of course I was. You know that.”
“So what’s the defense?”
“I don’t have one. I’m just going to see how this all plays out. If something comes to me, we’ll argue it. Short of that…”