‘All right, I’ll tell you why I can’t speak out against it,’ said Maynard. ‘I don’t know whether you’re aware of it, but a year and a half ago the justices of the high court came to an ethical agreement. None would partisanly discuss, in speech or writing, any legal matter that might one day come before the court. It would be impossible for me to discuss
in public an amendment I may later be required to interpret or rule upon while I am in office.’
‘Yes, I see,’ said Collins in despair. ‘I guess there’s just no way for you to tell the public what you really think of the 35th.’
‘No way that I can see,’ said Maynard slowly. ‘At least, no way, as long as I’m on the Bench.’ He was thoughtful a moment. ‘Of course, there would be one way. I could always get off the Bench. I could resign. Then I’d be free to speak out.’ He shook his head. ‘But present circumstances don’t seem to warrant such a drastic step.’
‘Present circumstances,’ repeated Collins. ‘But can you envision any future circumstances that might make you want to resign and speak out against the 35th?’
Maynard considered the question. ‘Well, yes, I suppose there might be several possibilities that could move me to act. Certainly if I were convinced that the men and the motives behind the 35th were evil, if I were certain that in their hands the 35th would present a true and immediate danger to the country, I would resign from the Bench and speak to the people. At present, I am not so convinced. But if I were to be, I would step down and raise my voice immediately. In short, if there were more to it than meets the eye -‘
That instant, Collins thought of The R Document, of the danger that did not meet the eye but was real in Noah Baxter’s deathbed warning. ‘Chief Justice Maynard,’ Collins interrupted, ‘have you ever heard of something called The R Document?’
‘The R Document? No, I think not. What is it?’ I’m not sure. Let me explain.’ Slowly, he related to Maynard the circumstances of Colonel Baxter’s death and his portentous last words. ‘As far as I can deduce, it seems to be a paper or plan that exists which is supposed to - to supplement the 35th Amendment in some way. As you heard, it is something Baxter considered dangerous. It may be the something, involved in the 35th, that does not meet the eye.’
‘It may be,’ said Maynard. ‘It certainly sounds ominous.’
‘If I uncovered it, and it proved to be a danger, could that make you act?’
‘It might,’ said Maynard cautiously. ‘It would depend on its contents. Let me see it, or anything like it, first - and then I’ll give you my answer.’
‘Fair enough.’ Collins stood up. ‘I’m resuming my search. If and when I find The R Document - you’ll be the first to hear from me.’
Chief Justice Maynard rose. ‘I’ll be waiting to hear from you. Once I’ve heard from you, I’ll be ready to make a decision.’
As Collins left Maynard’s suite, his mind felt clearer. He knew where he stood on the 35th, at last. He knew there was an ally to help him stop it, if he came up with the elusive missing evidence against it.
And he knew one source who might give him a clue to the missing link.
He must return to Washington. But after that, sometime next week, he must go calling on someone at Lewisburg Federal Penitentiary in Pennsylvania.
*
The following morning, behind the locked doors of the office of the Director of the FBI in the J. Edgar Hoover Building in Washington, D.C., two immobilized figures sat listening to a tape spinning slowly on the large silver recorder set on the coffee table between them.
Vernon T. Tynan and Harry Adcock had been listening, wordlessly, for nearly a quarter of an hour. The last of the tape was playing.
Faithful to life the voices came out of the speaker.
‘As you heard, it is something Baxter considered dangerous. It may be the something, involved in the 35th, that does not meet the eye.’
‘It may be. It certainly sounds ominous.’
‘If I uncovered it, and it proved to be a danger, could that make you act?’
‘It might. It would depend on its contents. Let me see it, or anything like it, first - and then I’ll give you my answer.’
‘Fair enough. I’m resuming my search. If and when I find The R Document - you’ll be the first to hear from me.’
‘I’ll be waiting to hear from you. Once I’ve heard from you, I’ll be ready to make a decision.’
Silence, except for the rubbing of the remainder of the blank tape.
‘Sonofabitch!’ Tynan exclaimed, his face livid, as he jumped to his feet. ‘That fucking Benedict Arnold, turning against us like this! Shut that goddam tape off, Harry.’
Quickly Adcock stopped the tape, then pivoted to watch as his superior paced the office.
Tynan hammered one big fist into the palm of his other hand. ‘That dirty, rotten bastard Collins. I’m going to have his neck for this. He won’t get anywhere, trying to subvert us, but we’re going to put him out of the way fast. Maynard’s the one that bothers me more. The puking Red-loving liberal - he’s the one who can be real trouble if he ever goes back into California to bad-mouth us and the 35th.’
‘He can’t, chief, without any evidence. He said he wouldn’t without evidence.’
‘I don’t trust him. He just might make up his mind to do us in. I’m not taking any chances - not any more, not with either of them. We’re going to beat Maynard and Collins to the punch.’
‘Collins should be easy to defuse,’ said Adcock. ‘You only have to take this tape over to the President - he’ll fire his Attorney General in one minute flat.’
Tynan held up his hand. ‘No, Harry. You and your boys did a great job in Los Angeles. The tapes are precious, every one, but I don’t think it would be wise to let the President in on our procedures. He can be pretty square. Besides, he’s leaving everything to us. He doesn’t want to be involved. No, I think it would be better to handle Mr Attorney General Collins and Mr Chief Justice Maynard in our own way.’
Adcock watched him walk thoughtfully behind the swivel chair at his desk. Adcock waited, then asked, Any ideas, chief?’
The Director nodded. ‘A few. I don’t know if both of them will go further. Collins has indicated he will, but I don’t think he has anywhere to go. At any rate, they’re both
potentially dangerous to the country - and to us. We’ve been forewarned. Now we have to be forearmed. We have to be ready for any eventuality. Once we have the ammunition, we can hold on to it, use it only if we areforced to.’
‘I couldn’t agree with you more, chief.’
‘I think we can start with our Attorney General Collins. I want the Bureau to run a quiet check on him.’
‘But he was checked out thoroughly before Congress confirmed him as Attorney General,’ Adcock protested.
Tynan waved his hand, as if dusting their first effort aside. ‘Routine, that first investigation was routine. I want an elite force, a small strike force composed of our best agents, assigned to the investigation today. Handpick them, Harry. The ones who know how to handle a low-key high-priority job. The ones who can be trusted completely, who have absolute loyalty to their Director. I want Collins checked ten times more thoroughly than the first time.’
‘How far do we go?’
‘All the way. Go after everyone ever connected with him at any time in his life. Go after his first wife, Helen Collins -or whatever her name is now. Go after their son. Go after his second wife, Karen Collins, and their housekeeper. Run down any relatives he’s been close to. Don’t overlook his friends like Senator HiUiard. Don’t overlook anyone.’
Adcock was standing at something like attention now. “Will do. It’s as good as done, chief.’
‘One week. I want the investigation completed in one week.’
‘One week,’ Adcock promised.
‘Okay. Next, John G. Maynard. I think our illustrious Chief Justice can also stand a minute examination. I know this was done before he was confirmed. But that wa
s -was-‘
‘Fifteen years ago.’
‘Have our task force investigate him as if it had never been done before. Have them bear down hard on his friends, enemies, associates, family, and his contacts with them in the last seven years. I want every step Maynard has made, every statement, letter, investment, activity, gone over with a magnifying glass. If Collins went public against us, he
might hurt us a little in California, but not fatally. If Maynard decided to turn against us, he could destroy us. I want to be prepared. That’s all, Harry - just to be prepared.’
Adcock came forward to the desk. ‘Chief, if you’d like my opinion, even if we found something on Maynard, it would never be enough to stop him once he made up his mind to oppose the 35th.’
‘It could discredit him.’
‘Maybe. But you saw the polls on how he’s admired.’
‘I know. Well, let’s try to get the goods on him anyway, and hope what we find is strong enough.’ Tynan reflected on the matter. ‘You’re right, Harry. Collins would be easy to wipe. Maynard is something else. It might take more.’ He seemed to be talking to himself. ‘If he resigned to come out against us, nothing would stop him. He’d go all the way.’ Tynan’s countenance darkened. ‘Then we’d have to go all the way, too. It would be him or us. There’s one thing…’
He had drifted off into deeper deliberation.
‘Yes, chief?’ Adcock prompted.
Tynan shook his hand above the chair. ‘It needs more thought.’ Then he added, ‘It also needs money - lots of it.’
‘The President has a fund -‘
‘No,’ Tynan interrupted. ‘Too public. Besides, like I said, I don’t want the President involved. We should do our own job, and he can reap the benefits. We need a war chest from a source that - that can’t be traced.’ Suddenly he hit the palm of his hand with his fist. ‘By God, Harry, I’ve got it!’
Galvanized by his idea, Tynan came around his chair, sat in it, and dialed his secretary on the intercom.
‘Beth? Pick up the phone… . Okay, get me the file on Donald Radenbaugh. Get it in here on my desk fast.’
He hung up and lay back, beaming at his assistant.
Adcock was plainly puzzled. ‘Radenbaugh is locked up in Lewisburg.’
‘I know.’
‘I thought you were looking for a lot of money?’
Tynan grinned. ‘I am. And I know who’s got it, and who won’t talk. Just wait, Harry, have patience, and trust old Vernon T. Tynan.’
In minutes, Beth appeared with the file. “This is just an abstract of the case. We have some complete files -‘
This’ll do, Beth. Thanks.’
When he and Adcock were alone, Tynan opened the file and began skimming the typed sheets of paper inside. As he leafed through the pages, he paused here and there, mouthing aloud some fact as he read. ‘Radenbaugh, Radenbaugh … Extortion… To deliver money in Miami Beach, according to Hyland … No money … Then the trial… Guilty. Fifteen years … Umm, two years and eight months served … Yes.’
He closed the file folder. He looked up at his assistant with a smack of satisfaction. ‘Perfect,’ he said. I must say, if this works, I’m a genius. If our Chief Justice interferes, we’ll be ready for him.’
‘I don’t understand, chief.’
‘You will, soon enough. Right now, just follow orders. You can get onto the Collins investigation after this. First do this.’ He paused, turning it over in his mind. ‘Do this. Shut yourself in your office and call Warden Bruce Jenkins at Lewisburg Federal Penitentiary. Confidential call. Tell Jenkins it’s all just between us, in absolute confidence. He can be trusted. The warden owes me plenty. Okay. Tell him I want to see one of his inmates, Donald Radenbaugh, outside the prison walls tonight - after midnight - say, two o’clock in the morning. Find out a place to meet where nobody’ll know - where I can have a nice private talk with Mr Donald Radenbaugh. A lot’s at stake, Harry, everything’s at stake, so get it right,’
It was a quarter to two in the morning, and except for the moon it was very dark, and Harry Adcock drove slowly in the darkness.
For the third time in an hour, Vernon T. Tynan, in the front seat beside him, asked, ‘You’re positive no one knows we’re out of town?’
‘No one, I’m positive,’ Adcock reassured him. ‘I even got up a phony schedule of your activities in Washington for the evening, and left it lying around.’
‘Good, Harry, very good.’ Tynan squinted ahead through the windshield at the heavy foliage and trees guarding this little-used side road. ‘I can’t see a damn thing. You’re sure you know where we are?’
‘I’m following the warden’s instructions to the letter,’ said Adcock. ‘Jenkins spelled it all out.’
‘How much longer before we get there?’
Any minute, chief.’
They had flown in a small private jet plane from Washington, D.C., to Harrisburg, Pennsylvania. By arrangement, they had been the only passengers in the jet. In Harrisburg, a rented Pontiac sedan had been waiting for them at the airport. Adcock had taken the wheel from the start, with Tynan beside him and a red-marked topographic map of the Lewisburg quadrangle between them. They had driven out of Harrisburg, crossed the bridge over the Susquehanna
River, and proceeded due north on U.S. Highway 15 running along the west bank of the river. It had taken an hour and a half, covering approximately fifty miles, to reach their first landmark, Bucknell University, off to their right. They had continued on into the city of Lewisburg, a ghost town that slept in these hours after midnight.
Passing the city’s high school, Adcock had slowed to a crawl while he consulted the map.
He had put the map down and searched the thoroughfare ahead of him. They had reached the far side of the city.
Adcock had pointed to his left. ‘You turn here to come to the entrance of the Penitentiary. Jenkins said we should ignore that, go straight on northeast on Highway 15, then turn left at the Evangelical Hospital, and go north past the side of the Penitentiary -‘
‘Will anybody be able to see us from there?’ Tynan had asked worriedly.
‘Naw, chief. We’ll be out of sight. Besides, look what time it is. Anyway, we go along, then make another turn when we reach the side road through the forest. We go on through the woods to the southern edge and then we see the walls and water tower of the Penitentiary, and that’s where we wait.’
Now they were moving at a snail’s pace through the forest.
Adcock bent over the wheel, and Tynan leaned forward at the same time, peering through the windshield at what seemed to be the end of the road and the fringe of the wooded area.
‘I think we’re there,’ Adcock muttered. ‘He said there would be a clearing between some trees to the right. Yup, right on the nose. Here it is.’
He swung off the road to the right, then veered sharply to the left and parked. Some distance ahead they could make out the silhouette of the front section of the concrete wall surrounding the prison, the tops of several larger buildings in the jailyard, and two water towers, one to the right and the other behind Lewisburg Federal Penitentiary.
Adcock reached to the dashboard and cut off the headlights. He indicated the silhouettes beyond. ‘There are some
tough cookies in that maximum-security hole,’ he said.
‘Some,’ said Tynan. ‘Donald Radenbaugh isn’t one of them. He’s one of the softies, one of the political prisoners.’
‘I didn’t know he was a political prisoner.’
‘He isn’t, technically. Yet he is. He knew too much about what went on up there. That can be an offense, too.’
Tynan fidgeted in the darkness of the front seat, looking through the windshield and waiting.
Several minutes had passed when Adcock tugged at Tynan’s sleeve. ‘Chief, I think I see them coming.’
Tynan peered through the windshield intently, narrowing his eyes, and finally he made out two specks of light approaching head on. ‘Must be Jenkins,
’ he said. ‘He’s using only his parking lights.’
He fell silent, continuing to follow the progress of the other car as it drew closer.
‘All right,’ Tynan said suddenly, ‘here’s how we’ll do it. I’m getting into the back seat I’ll be in the back to meet him. You stay right where you are, behind the wheel. You can listen. Don’t speak. I’ll do all the talking. You just listen. We’re both in on this.’
Tynan opened the front door of the Pontiac, stepped out, closed it, opened the rear door, got inside, and slumped in the far corner of the back seat.
The other car had entered the clearing and drawn up ten yards behind them. The engine choked to a halt The parking lights went out. A door opened and closed.
There was the crunch of footsteps.
The wizened face of Warden Bruce Jenkins came down to appear in the window next to Adcock, who jerked his thumb over his shoulder. Jenkins bobbed his head and moved back, and now his face was at the rear side window, Tynan rolled the window halfway down.
‘Hi, Jenkins. How’ve you been?’
‘Good to see you, Director. Fine, fine. I got who you want with me.’
‘Any problem?’
‘Not really. He wasn’t too anxious to see you -‘
‘He doesn’t like me,’ said Tynan.
‘ - but he came. He’s curious.’
‘You bet,’ said Tynan. ‘We better not waste any time. It’s late enough. You better bring him here. Let him in through the other side, so he can sit next to me.’
‘Very well.’
‘After we’re through, and he gets out, and you secure him, you come back here. I may want to talk to you. I may want you to do a little more.’
‘Sure.’
‘One more thing, Jenkins. This meeting never took place.’
The warden’s face cracked into a smile. ‘What meeting?’ he said.
Tynan waited. In less than a minute, the opposite back door of the car opened.
Jenkins poked his head in. ‘He’s here.’
Donald Radenbaugh was standing stiffly just beyond the warden. Tynan couldn’t see his face, only that his wrists were together.
‘Is he handcuffed?’ Tynan asked.
(1976) The R Document Page 16
