by Joe Nobody
Nodding, the judge replied, “Sounds fair enough. Let’s get started. Please read the state’s charges, Mr. Haskins.”
Pulling a single sheet of paper from his briefcase, the DOJ lawyer began. “The Department of Justice, under the powers granted by the Patriot Act of 2001, does hereby charge Mr. Henry Wilson Barns as follows. One count of conspiracy to commit an act of violence against the sovereign government of the United States of America, said conspiracy having the intent and forethought to damage, render ineffective, or corrupt the government’s ability to enforce rule of law. One count of participating in the development of a weapon of mass destruction, as a violation of the National Firearms Act of 1968. Two counts of hindering a felony investigation, three counts of withholding information from federal law enforcement officers.”
After scanning the papers offered by the DOJ attorney, the judge turned to Grace. “Ms. Kennedy?”
“Your honor, this is an abomination of justice, a clear violation of my client’s constitutional rights. Furthermore, the state is intentionally withholding evidence directly associated with my client’s defense. The DOJ is completely out of line here. There is no indication of any conspiracy against the government, any intent of wrongdoing, and it is an extreme overreach to even propose a single illegal act by Mr. Barns.”
Without waiting on the judge’s response, the special prosecutor handed the judge a stack of papers. “These documents are the transposed statements from recorded interviews with Mr. Barns on the night of his arrest. You will see that he clearly admits knowing one Mr. Durham Weathers had built a device using components from both Russia and China, foreign powers with known hostilities and radical terrorist elements opposed to the United States. Furthermore, Mr. Barns fully confesses to witnessing the test firing of a weapon of mass destruction, yet didn’t alert the proper authorities on the night in question.”
Grace hadn’t seen Hank’s statements, another violation of her client’s privilege. She decided to play it by ear. “Mr. Barns had no way of knowing this weapon’s capabilities. The parts referred to in the state’s complaint aren’t banned or restricted for import. If the DOJ is going to imprison everyone who possesses imported goods from Russia or China, then surely every US citizen will be incarcerated, your honor. There was never any discussion between Mr. Weathers and Mr. Barns involving intent to use the weapon against the United States, or anyone else for that matter. As a matter of fact, Mr. Barns was informed that the inventor of the device was going to travel to Texas A&M University in order to have it examined by an expert. Where is the conspiracy here, your honor?”
The magistrate seemed to ponder Grace’s argument, finally turning to the man from Justice and raising his eyebrows.
Haskins considered his words carefully. “Your honor, we can prove that this device was used in a direct attack against two warplanes of the United States Air Force. Furthermore, we can prove that the same device was used to avoid pursuit by law enforcement officers and is directly responsible for the felled high-tension towers in north Houston just a few days ago. Mr. Barns should have contacted the authorities immediately after the discovery of the weapon. He did not. Not even after repeated national news stories did he volunteer the facts in his possession. We have a solid, provable foundation for these charges, your honor.”
Grace sensed she was losing. With the spin of events being delivered to the judge, she felt like she was swimming against a tide of logic. She decided to at least salvage enough to give Hank a fighting chance.
“Regardless of this supposed evidence, I pray your honor will at least grant my client the right to a proper, legal process. We’ve been denied numerous constitutional protections and been shown no evidence before this hearing. Even the warrants have been sealed and unavailable to counsel. My client can prove his innocence, your honor, if we are allowed due process of law.”
Haskins started to counter, but the judge held up both hands to silence the two attorneys. “I think I understand what is going on here. Ms. Kennedy, I’ll give you 24 hours to deliver a written rebuttal to the state’s position on this matter, after which, I will rule within another 24 hours. Until then, I’m ordering Mr. Barns be given access to his counsel and for the state to make available the documents delivered to me today. This hearing is over.”
The judge promptly rose and left, leaving the two combatants and Eva staring at each other. Haskins wasn’t pleased. “I’ll fight you every step of the way on this, Kennedy. We’re tired of these domestic lunatics using every little loophole in the law to avoid justice.”
Grunting, Grace stared at the younger man straight in the eye. “These little loopholes you reference are how our system of justice works. All we ask is a fair trial and adherence to my client’s constitutional rights. I’m sure the American people won’t be pleased to know their government has decided to mimic Nazi Germany when it comes to how it treats its own citizens, complete with trumped up charges and false crimes.”
Tilting his head, the man from Justice asked, “Are you threatening to go to the press on this, Ms. Kennedy?”
“I most certainly will do that, and any other legal step within my power to protect the rights of Mr. Barns, sir.”
Without another word, the government lawyer rose and left the room. Grace heard sniffing sounds from behind her, turning to find Eva in tears. “Why?” the terrified woman wailed. “Why are they doing this to Hank? He’s a good man, not a criminal.”
Eva and Grace’s exit from the courthouse didn’t take nearly as long as their entrance. Stepping down the front steps of the monolithic building, two men in suits suddenly blocked their way.
Flashing a badge, the older man barked, “Grace Kennedy?”
“Yes, what’s the problem?”
“I have a warrant for your arrest.”
With that, a female agent stepped closer and pulled Grace’s hands behind her back after removing the attorney’s purse.
“What the hell are you doing? I’m an officer of the court and….”
“The charge is espionage. More specifically, you are accused of threatening to leak classified information to public sources. Special Prosecutor Haskins just swore out the warrant, not five minutes ago.”
“Grace?” Eva’s shaky voice sounded behind her. “What’s going on?”
“They are arresting me because I threatened to go to the press, Eva. It will be okay. Call Maria, and see if she can come down here and pick you up. I’ll be okay.”
Eva began fumbling for her phone, pausing as the two FBI agents escorted Grace back inside the building. She somehow managed to dial her cell, explaining to her host what had just happened.
“I’ll be there in 40 minutes, Eva. Stay put,” Maria promised.
Secretary Witherspoon entered the Oval Office with an attitude. Despite his repeated calls to the White House, it had taken days, not hours for the Commander in Chief to finally see him. It wasn’t a positive sign.
“Henry,” opened the president, “Let’s sit on the couches and be comfortable.”
Walking toward the sofas, Witherspoon intentionally stepped around the Presidental Seal woven into the carpet. Somehow, in the acidedimic’s mind, stepping on the emblem was disrespectful to the office. He cringed when the president didn’t do the same.
The two men sat on opposite sides, facing each other across a tasteful coffee table adorned with a heaping bowl of apples. The Secretary of Energy was curious if they were real, but decided not to waste his boss’s valueable time exchanging social amenities.
“Sir, I appreciate your seeing me. I feel this matter is most urgent.”
“I’ve read the brief you sent over. I also received a face to face update from the Secretary of Homeland Security and the Department of Defense. I must say, this is all a bit confusing.”
“Confusing, sir?”
The president crossed his legs, folding his hands over his knee. “I’m hearing different opinions from my staff, and while that’s not unusal, I rarely see
such a wide differential as the briefs I have received on this situation.”
“Mr. President, I believe the discovery at A&M, if validated, could be the greatest single breakthrough in the history of our species. I also feel strongly that abusing the technology could lead to the end of our race, if not the entire planet. That’s why I’ve been so persistent in my requests to speak with you.”
Nodding, the chief executive responded, appearing to choose his words carefully. “I understand your concern, but species-ending technology isn’t exactly new, Henry. You probably noticed that Air Force officer outside. He’s carrying the launch codes for our nuclear arsenal. I have stealth bombers, intercontintental ballistic missiles and a fleet of submarines at my disposal. I, and a few other world leaders, could end man’s existence at any time. I’m struggling to see the difference.”
The ex-professor rubbed his chin. “Sir, there are several hundred people involved in the construction, deployment, and maintenance of those weapons. Any unjustified, unwarranted mass launch would be difficult for even you to initiate. Your forces are going to wonder why - question their orders - perhaps even move to stop you if they believe you are insane.”
Frowning at the suggestion, “Go on.”
“This weapon is different. One man supposedly built it; one man can supposedly deploy it. If what we know so far is true, he didn’t have access to any special equipment or manufacturing capabilities. A simple gunsmith’s workshop being all that was required. That’s the difference, sir. That is what is so troubling. If this technology is viable, then practically anyone can build a weapon far more powerful than a nuclear device.”
“So why doesn’t he just turn himself in and let us handle the technology like we’ve taken care of our nuclear arsenal since 1945?”
“I can’t speak for the inventor, sir. I believe his argument to your proposal would be that nuclear proliferation is a serious issue, what with all the headlines about Iran and North Korea. I’m sure he’s realized that the more people who know how his device functions, the more leaks are going to occur. Virtually everyone is aware of the nightmare scenario of the suitcase nuclear bomb. How long would it be before a zealous, radical individual built his own rail gun and wasn’t afraid to use it?”
The president waved him off, “I’ve heard the argument, Henry, but I’m not convinced. I’ve been told by several scientists that the stories surrounding the event at A&M have to be greatly exaggerated. Over and over again, I’m told that the entire story is impossible from several different aspects. I’m receiving input from State that it’s impossible that one man could have designed and built such a weapon. Many are suspicious of foreign influences – perhaps even outsiders controlling the inventor.”
“Sir, there have been numerous incidents of basement inventors making discoveries that have rocked the academic world. Skepticism ran rampant with them as well.”
The president sighed, his eyes drifting off while he digested Witherspoon’s last comment. “Henry,” he finally began, “I’ll abide by your recommendation and set up a blue ribbon panel to analyze how this newfound wizardry can be implemented and controlled. I’ll handle this quietly, without fanfare or political exposure. But I have to warn you, it won’t happen quickly. I’m not going to drop everything and rush around like a madman to solve an issue I’m not 100% sure exists. I want you to lead the effort. Put a list of the people you think should be involved on my desk, and I’ll get the ball rolling. That’s the best I can do.”
Smiling with the small victory, Witherspoon couldn’t help but try for just a little more. “Thank you, Mr. President. Is there any chance you could call off the law enforcement dogs? They are chasing the inventor, and I actually fear they’ll catch up to him. Bad things could happen if that comes to fruition, sir.”
“No. I won’t do that, Henry, and here’s why. If the others are correct, if we have a criminal situation on our hands, then I would be doing a disservice to the American people if I stopped law enforcement from performing their duties. I can just see The New York Times headline if such a thing were to occur. The scandal would destroy my administration. Form your commission, but in the meantime, I have to enforce the law.”
Secretary Witherspoon was visibly disappointed. Looking down at the presidential seal, he said, “I hope you’re right, and I’m wrong, Mr. President. I sincerely do.”
Day 11
Maria pulled her disappearing act again. This time it was her housekeeper who provided the car and alternate persona.
Dusty was up and about when she finally made it to the hideout, burning with the news of Grace’s arrest, but unable to safely visit her ex for two days.
His reaction was predictable, a storm brewing behind his normally friendly eyes. Maria watched the anger spread, almost predicting his slightly faster breathing and then erect, stiff spine. There was no final explosion, however. Just like when they were married, the man had always been able to hold his temper, if just by a thread.
“They’re doing this to pull me in,” he stated. “They’re sending me a message to surrender.”
“I’ve got to admit,” she responded. “I’ve never seen or heard of anything like this. You read all of those conspiracy blogs and stories on the internet and dismiss them as the rants of crazy people. Now, I’m feeling a little insanity myself.”
Dusty paced around the kitchen for a bit, thumbs hooked in his pockets and head down. He looked up at her and said, “I can’t let my friends rot in jail, Maria. Not when I know they’re innocent.”
“So you are thinking of turning yourself in?”
“It’s not me they want – it’s that gun. I’ve thought about destroying it and then handing myself over, but that would probably result in them locking me away in some dungeon and being interrogated until I die. They’d never let me out – I might blab to the press or write a book or something.”
“What if you hid the gun and then surrendered? You can use the weapon’s location as a bargaining chip.”
Dusty grinned and then shook his head. “I’ve pondered that route as well. To be honest, I’m too scared to do that.”
Maria didn’t follow, her expression making it clear that she wanted Dusty to expand.
“I would be completely at their mercy. They could use drugs, waterboarding – all kinds of ways to get me to talk. Again, after they had their hands on the technology, I’d never see the light of day again.”
Maria started to protest his thinking, the words “Our government would never do something like that,” coming out of her throat before Dusty’s raised eyebrows stopped her cold. A sheepish look came over her face when she realized how silly she sounded.
“So what do you want to do?” she finally asked.
“I think it’s ridiculous that I’m sitting here, hiding like some sort of bank robber, when I’m in possession of what be the world’s most powerful weapon. They want me so badly because they’re scared of the gun. Maybe I should give them good reason to be frightened.”
Tilting her head, Maria asked, “So you would commit a crime because you’re not a criminal?”
Dusty shook his head, “The FBI appears to have lost all restraint. They’ve been the big kid on the block for a long, long time. They must feel pretty cocky… unchallengeable. Perhaps someone should challenge them, and the courts don’t appear to be the place to do it anymore.”
“You can’t shoot the entire FBI with that gun, Dusty.”
“I know, but I can send a message. Any chance you could go shopping for me? I need some stuff.”
Rolling her eyes, Maria started to question her ex, but the look on his face was concrete. She knew there wouldn’t be any answers and worse yet, she knew it was a waste of time trying to change his mind.
“Okay,” she sighed, “What do you need?”
Paula looked up from the receptionist desk and smiled as Maria entered the office. After a quick exchange of salutations and phone messages, Maria spoke loud and clear for all to hear.
“Could you do me a huge favor this afternoon?”
“Sure, what’s up?”
“Anthony’s birthday is coming up, and I need to pick up his present. It’s a bicycle and some other gear that would fit easier in the back of your SUV than in my car.”
Paula, always eager to get out of the office and do something different, replied, “No problem. Do you want me to take it back to your house?”
The boss pretended to think about her response. “No, he might be coming back this weekend, and I don’t want him to find it. How about you drop it off over at the Fitzgerald place? They’ve already moved to England, and their garage is empty. I don’t have it listed yet, so no one would bother the stuff.”
“Sounds like a plan,” Paula agreed.
“I’ll write down all the items I want, and of course give you my debit card.”
Disappearing into her office, Maria emerged a short time later with an extensive list. “I went ahead and put a few other stops on here, if you don’t mind.”
Scanning the paper, the assistant whistled and then looked at her watch. “Okay, I’d better get going. You know my birthday’s coming up soon, too. I wish my mom was so generous.”
“I’ll hold down the fort while you’re gone,” Maria promised, a slight grin on her face.
Dusty heard the car pull in the driveway, just as Maria had predicted. He’d already toured the house once, just to make sure he hadn’t left any tracks.
The closet was dark and small, but he didn’t mind as he listened to the garage door open and then the sounds of someone making several trips to unload.
Again, he listened to the sound of the garage door going down this time, followed by footsteps in the house and finally the front door opening and closing. He exhaled as the car started, the engine fading into the distance. He gave Maria’s assistant five more minutes, in case the woman discovered she’d forgotten something. After that margin of safety had passed, he carefully made his way to the garage to inspect the delivery.
