And not to its own government officials, Ryan thought. What the hell is going on?
Being three thousand miles from home had given Jack a properly detached perspective to the affair. In the absence of a viable legal mechanism to deal with such crimes, maybe direct action was the right thing to do. Challenge directly the power of a nation-state and you risked a direct response from that nation-state. If we could bomb a foreign country for sponsoring action against American soldiers in a Berlin disco, then why not--
--kill people on the territory of a fellow American democracy?
What about that political dimension?
That was the rub, wasn't it? Colombia had its own laws. It wasn't Libya, ruled by a comic-opera figure of dubious stability. It wasn't Iran, a vicious theocracy ruled by a bitter testimonial to the skill of gerontologists. Colombia was a country with real democratic traditions, one that had put its own institutions at risk, fighting to protect the citizens of another land from--themselves.
What the hell are we doing?
Right and wrong assumed different values at this level of statecraft, didn't they? Or did they? What were the rules? What was the law? Were there any of either? Before he could answer those questions, Ryan knew that he'd have to learn the facts. That would be hard enough. Jack settled back into his comfortable seat and looked down at the English Channel, widening out like a funnel as the aircraft headed west toward Land's End. Beyond that lonely point of ship-killing rocks lay the North Atlantic, and beyond that lay home. He had seven hours to decide what he should do once he got there. Seven whole hours, Jack thought, wondering how many times he could ask himself the same questions, and how many times he'd only come up with new questions instead of answers.
Law was a trap, Murray told himself. It was a goddess to worship, a lovely bronze lady who held up her lantern in the darkness to show one the way. But what if the way led nowhere? They now had a dead-bang case against the one "suspect" in the assassination of the Director. The Colombians had gotten the confession and its thirty single-spaced pages of text were lying on his desk. There was ample physical evidence, which had been duly processed through the Bureau's legendary forensic laboratories. There was just one little problem. The extradition treaty the United States had with Colombia was not operative at the moment. Colombia's Supreme Court--more precisely, those justices who remained alive after twelve of their colleagues had been murdered by M-19 raiders not so long ago; all of whom, coincidentally, had been supporters of the extradition treaty before their violent deaths--had decided that the treaty was somehow in opposition to their country's constitution. No treaty. No extradition. The assassin would be tried locally and doubtless sent away for a lengthy prison term, but at the very least Murray and the Bureau wanted him caged in Marion, Illinois--the maximum-security federal prison for really troublesome offenders; Alcatraz without the ambience--and the Justice Department thought it could make a case for invoking the death statute that related to drug-related murders. But--the confession the Colombians had gotten hadn't exactly followed with American rules of evidence, and, the lawyers admitted, might be thrown out by an American judge; which would eliminate the death penalty. And the guy who took out the Director of the FBI might actually become something of a celebrity at Marion, Illinois, most of whose prisoners did not regard the FBI with the same degree of affection accorded by most U.S. citizens. The same thing, he'd learned the day before, was true of the Pirates Case. Some tricky bastard of a defense lawyer had uncovered what the Coast Guard had pulled, blowing that death case away also. And the only good news around was that Murray was sure his government had struck back in a way that was highly satisfying, but fell under the general legal category of cold-blooded murder.
It worried Dan Murray that he did view that development as good news. It wasn't the sort of thing that they'd lectured him--and he had later lectured others--about during his stint as a student and later an instructor at the FBI Academy, was it? What happened when governments broke the law? The textbook answer was anarchy--at least that's what happened when it became known that the government was breaking its own laws. But that was the really operative definition of a criminal, wasn't it--one who got caught breaking the law.
"No," Murray told himself quietly. He'd spent his life following that light because on dark nights that one beacon of sanity was all society had. His mission and the Bureau's was to enforce the laws of his country faithfully and honestly. There was leeway--there had to be, because the written words couldn't anticipate everything--but when the letter of the law was insufficient one was guided by the principle upon which the law was based. Maybe the situation wasn't always a satisfying one, but it beat the alternative, didn't it? But what did you do when the law didn't work? Was that just part of the game, too? Was it, after all was said and done, just a game?
Clark held a somewhat different view. Law had never been his concern--at least not his immediate concern. To him "legal" meant that something was "okay," not that some legislators had drafted a set of rules, and that some President or other had signed it. To him it meant that the sitting President had decided that the continued existence of someone or something was contrary to the best interests of his country. His government service had begun in the United States Navy as part of the SEALs, the Navy's elite, secretive commandos. In that tight, quiet community he'd made himself a name that was still spoken with respect: Snake, they'd called him, because you couldn't hear his footsteps. To the best of his knowledge, no enemy had ever seen him and lived to tell the tale. His name had been different then, of course, but only because after leaving the Navy he'd made the mistake--he truly thought of it as a mistake, but only in the technical sense--of applying his skills on a free-agent basis. And done quite well, of course, until the police had discovered his identity. The lesson from that adventure was that while people didn't really investigate happenings on the battlefield, they did elsewhere, requiring far greater circumspection on his part. A foolish error in retrospect, one result of his almost-discovery by a local police force was that he'd come to the attention of CIA, which occasionally needed people with his unique skills. It was even something of a joke: "When there's killing to be done, get someone who kills for a living." At least it had been funny back then, almost twenty years earlier.
Others decided who needed to die. Those others were the properly selected representatives of the American people, whom he'd served in one way or another for most of his adult life. The law, as he'd once bothered to find out, was that there was no law. If the President said "kill," then Clark was merely the instrument of properly defined government policy, all the more so now, since selected members of Congress had to agree with the executive branch. The rules which from time to time prohibited such acts were Executive Orders from the President's office, which orders the President could freely violate--or more precisely, redefine to suit the situation. Of course, Clark did very little of that. Mainly his jobs for the Agency involved his other skills--getting in and out of places without being detected, for example, at which he was the best guy around. But killing was the reason he'd been hired in the first place, and for Clark, who'd been baptized John Terrence Kelly at St. Ignatius Parish in Indianapolis, Indiana, it was simply an act of war sanctioned both by his country and also by his religion, about which he was moderately serious. Vietnam had never been granted the legal sanction of a declared war, after all, and if killing his country's enemies back then had been all right, why not now? Murder to the renamed John T. Clark was killing people without just cause. Law he left to lawyers, in the knowledge that his definition of just cause was far more practical, and far more effective.
His immediate concern was his next target. He had two more days of availability on the carrier battle group, and he wanted to stage another stealth-bombing if he could.
Clark was domiciled in a frame house in the outskirts of Bogota, a safe house the CIA had set up a decade earlier, officially owned by a corporate front and generally rented out commercially t
o visiting American businessmen. It had no obvious special features. The telephone was ordinary until he attached a portable encrypting device--a simple one that wouldn't have passed muster in Eastern Europe, but sufficient for the relatively low-intercept threat down here--and he also had a satellite dish that operated just fine through a not very obvious hole in the roof and also ran through an encrypting system that looked much the same as a portable cassette player.
So what to do next? he asked himself. The Untiveros bombing had been carefully executed to look like a car bomb. Why not another, a real one? The trick was setting it up to scare hell out of the intended targets, flushing them into a better target area. To accomplish that it had to appear an earnest attempt, but at the same time it couldn't be earnest enough to injure innocent people. That was the problem with car bombs.
Low-order detonation? he thought. That was an idea. Make the bomb look like an earnest attempt that fizzled. Too hard to do, he decided.
Best of all would be a simple assassination with a rifle, but that was too hard to set up. Just getting a perch overlooking the proper place would be difficult and dangerous. The Cartel overlords kept tabs on every window with a line of sight to their own domiciles. If an American rented one, and soon thereafter a shot was fired from it--well, that wouldn't exactly be covert, would it? The whole point was for them not to know exactly what was happening.
Clark's operational concept was an elegantly simple one. So elegant and so simple that it hadn't occurred to the supposed experts in "black" operations at Langley. What Clark wanted to do, simply, was to kill enough of the people on his list to increase the paranoia within his targeted community. Killing them all, desirable though it might be, was a practical impossibility. What he wanted to do was merely to kill enough of them, and to do so in such a way as to spark another reaction entirely.
The Cartel was composed of a number of very ruthless people whose intelligence was manifested in the sort of cunning most often associated with a skilled enemy on the battlefield. Like good soldiers they were always alert to danger, but unlike soldiers they looked for danger from within in addition to from without. Despite the success of their collaborative enterprise, these men were rivals. Flushed with money and power, they didn't and would never have enough. There was never enough of either for men like this, but power most of all. It seemed to Clark and others that their ultimate goal was to assume political control of their country, but countries are not run by committees, at least not by large ones. All Clark needed to accomplish was to make the Cartel chieftains think that there was a power grab underway within their own hierarchy, at which point they would merrily start killing one another off in a new version of the Mafia wars of the 1930s.
Maybe, he admitted to himself. He gave the plan about a 30 percent chance of total success. But even if it failed, some major players would be removed from the field, and that, too, counted as a tactical success if not a strategic one. Weakening the Cartel might increase Colombia's chances of dealing with it, which was another possible strategic outcome, but not the only one. There was also the chance that the war he was hoping to start could have the same result as the final act of the Castellammare Wars, remembered as the Night of the Italian Vespers, in which scores of mafiosi had been killed by their own colleagues. What had grown out of that bloody night was a stronger, better-organized, and more dangerous organized-crime network under the far more sophisticated leadership of Carlo Luchiano and Vito Genovese. That was a real danger, Clark thought. But things couldn't get much worse than they already were. Or so Washington had decided. It was a gamble worth the taking.
Larson arrived at the house. He'd come here only once before, and while it was in keeping with Clark's cover as a visiting prospector of sorts--there were several boxes of rocks lying around the house--it was one aspect of the mission that bothered him.
"Catch the news?"
"Everyone says car bomb," Larson replied with a sly smile. "We won't be that lucky next time."
"Probably not. The next one has to be really spectacular."
"Don't look at me! You don't expect that I'm going to find out when the next meet is, do you?"
It would be nice, Clark told himself, but he didn't expect it, and would have disapproved any order requiring it. "No, we have to pray for another intercept. They have to meet. They have to get together and discuss what's happened."
"Agreed. But it might not be up in the mountains."
"Oh?"
"They all have places in the lowlands, too."
Clark had forgotten about that. It would make targeting very difficult. "Can we spot in the laser from an aircraft?"
"I don't see why not. But then I land, refuel, and fly the hell out of this country forever."
Henry and Harvey Patterson were twin brothers, twenty-seven years of age, and were proof of whatever social theory a criminologist might hold. Their father had been a professional, if not especially proficient, criminal for all of his abbreviated life--which had ended at age thirty-two when a liquor-store owner had shot him with a 12-gauge double at the range of eleven feet. That was important to adherents of the behavioral school, generally populated by political conservatives. They were also products of a one-parent household, poor schooling, adverse peer-group pressure, and an economically depressed neighborhood. Those factors were important to the environmental school of behavior, whose adherents are generally political liberals.
Whatever the reason for their behavior, they were career criminals who enjoyed their life-style and didn't give much of a damn whether their brains were preprogrammed into it or they had actually learned it in childhood. They were not stupid. Had intelligence tests not been biased toward the literate, their IQs would have tested slightly above average. They had animal cunning sufficient to make their apprehension by police a demanding enterprise, and a street-smart knowledge of law that had allowed them to manipulate the legal system with remarkable success. They also had principles. The Patterson brothers were drinkers--each was already a borderline alcoholic--but not drug users. This marked them as a little odd, but since neither brother cared a great deal for law, the discontinuity with normal criminal profiles didn't trouble them either.
Together, they had robbed, burglarized, and assaulted their way across southern Alabama since their mid-teens. They were treated by their peers with considerable respect. Several people had crossed one or both--since they were identical twins, crossing one inevitably meant crossing both--and turned up dead. Dead by blunt trauma (a club), or dead by penetrating trauma (knife or gun). The police suspected them of five murders. The problem was, which one of them? The fact that they were identical twins was a technical complication to every case which their lawyer--a good one they had identified quite early in their careers--had used to great effect. Whenever the victim of a Patterson was killed, the police could bet their salaries on the fact that one of the brothers--generally the one who had the motive to kill the victim--would be ostentatiously present somewhere miles away. In addition, their victims were never honest citizens, but members of their own criminal community, which fact invariably cooled the ardor of the police.
But not this time.
It had taken fourteen years since their first officially recorded brush with the law, but Henry and Harvey had finally fucked up big-time, cops all over the state learned from their watch commanders: the police had finally gotten them on a major felony rap and, they noted with no small degree of pleasure, it was because of another pair of identical twins. Two whores, lovely ones of eighteen years, had smitten the hearts of the Patterson brothers. For the past five weeks Henry and Harvey had not been able to get enough of Noreen and Doreen Grayson, and as the patrol officers in the neighborhood had watched the romance blossom, the general speculation in the station was how the hell they kept one another straight--the behavioralist cops pronounced that it wouldn't actually matter, which observation was dismissed by the environmentalist cops as pseudoscientific bullshit, not to mention sexually perver
se, but both sides of the argument found it roundly entertaining speculation. In either case, true love had been the downfall of the Patterson brothers.
Henry and Harvey had decided to liberate the Grayson sisters from their drug-dealing pimp, a very disreputable but even more formidable man with a long history of violence, and a suspect in the disappearance of several of his girls. What had brought it to a head was a savage beating to the sisters for not turning over some presents--jewelry--given them by the Pattersons as one-month anniversary presents. Noreen's jaw had been broken, and Doreen had lost six teeth, plus other indignities that had enraged the Pattersons and put both girls in the University of South Alabama Medical Center. The twin brothers were not people to bear offense lightly, and one week later, from the unlit shadows of an alley, the two of them had used identical Smith & Wesson revolvers to end the life of Elrod MeIlvane. It was their misfortune that a police radio car had been half a block away at the time. Even the cops thought that, in this case, the Pattersons had rendered a public service to the city of Mobile.
The police lieutenant had both of them in an interrogation room. Their customary defiance was a wilted flower. The guns had been recovered less than fifty yards from the crime scene. Though there had been no usable fingerprints on either--fire--arms do not always lend themselves to this purpose--the four rounds recovered from McIlvane's body did match up with both; the Pattersons had been apprehended four blocks away; their hands bore powder signatures from having fired guns of some sort; and their motive for eliminating the pimp was well known. Criminal cases didn't get much better than that. The only thing the police didn't have was a confession. The twins' luck had finally run out. Even their lawyer had told them that. There was no hope of a plea-bargain-the local prosecutor hated them even more than the police did--and while they stood to do hard time for murder, the good news was that they probably wouldn't get the chair, since the jurors probably would not want to execute people for killing a drug-dealing pimp who'd put two of his whores in the hospital and probably killed a few more. This was arguably a crime of passion, and under American law such motives are generally seen as mitigating circumstances.
Clear and Present Danger (1989) Page 52
