“I spent most of the day on Jake’s four laptops, trying to figure out exactly what he’s been up to.” Abelson gave her a non-technical summary of what he had found. “As for Anya, she spent a little time getting to know Amir better, but was mostly quiet and kept to herself. I suspect she has me sized up as not being in her corner. She’s right about that. She looked at the books on your bookshelf and glanced through some of them. She also watched the news on TV. I think she was just really waiting for you to return. In the evening, she went to Madison’s room pretty early.”
Leah nodded and told Abelson what was going to happen next.
He nodded and went back into the family room. Leah and Frank exchanged a few words, and then entered the family room a couple of minutes after Abelson.
LEAH SAID GOOD MORNING to everyone. She next made sure her guests had everything they needed. She then turned to the business at hand. “I want to outline what we’re going to be doing today. But I need to borrow Anya for a few minutes first.” Leah turned and led Anya from the family room into her study and invited Anya to be seated. “How are you getting on?” Leah asked Anya.
“As you might expect under the circumstances, not so great. Everyone is being nice to me, or at least polite. Amir is friendly, Abelson not so much. I don’t blame him. It’s awkward, but that’s of course my fault. Do you have any news about Jake?”
“I think Jake is alive, and is being held in a prison facility that we were able to identify yesterday. We don’t know what his condition is, or what their plans are for him. The head of the prison would not even confirm that he knows who Jake is, or that he’s there. It is quite possible that Jake will be relocated since they know we now suspect he’s there.”
Anya listened attentively. “Is there anything I can do?”
“That’s what I want to discuss.” Leah gave Anya a short discourse on the legal steps they would be taking. First, the filing of a lawsuit and a request for an order that Jake be treated decently, and after that a filing of papers to request that Jake be released pending any criminal charges asserted against him.”
“These are very different concepts than anything I know in Russia. But can’t you begin with the last step first?”
Leah explained why not. “The first steps can be filed with the court in Atlanta in one day’s time, and should result in a court ruling within a few hours, maybe even less. The last step is more complicated paperwork, and won’t result in a ruling for probably a month or longer. That is why we have to do it in the sequence I just outlined.”
“Again, what can I do to help?”
“There is something you can do, but it involves some risks for you. It would be helpful if you signed a document for the court reciting certain facts of which you have personal knowledge. However, if you say anything false in the document you might agree to sign, you could get into serious trouble with our court. Also, while I would try to have the document you sign seen only by the court, it is possible that the court will not agree to that, and the document would likely then be seen by your Russian superiors.”
“I’ll sign whatever you would like me to sign. I don’t care about the risks.”
“Anya, I think you should hire a lawyer to advise you before you make a decision.”
“You’re a lawyer. You can advise me. You already have.”
“It can’t work that way. My duties as a lawyer are to my brother. What’s best for him is not what’s best for you. Therefore, our laws don’t allow me to advise you when I’m already representing Jake.”
“I understand, but is it necessary for me to hire a lawyer before I can sign the document?”
“No. No one can force you to hire a lawyer, but I am obliged to tell you that I think you should.”
“I mean no disrespect to what you are telling me, but I will only tell the truth, so I am not worried about your court. And I don’t want to delay helping Jake while I hire and speak with a lawyer. As for my Russian superiors, I can’t get into more trouble with them than I already am.”
“Maybe so, but right now, any Russian agents looking for you have no idea where you are. They’ll have a good idea where to start looking if the court doesn’t agree to seal the document you sign. Are you really sure you wanna do this?”
“I am.”
“Okay, then, here’s what I’d like to prepare for you to sign, and here’s what I also need you to do.”
LEAH LISTENED TO CYRUS’S few comments on her civil rights complaint, the accompanying application for a temporary restraining order, and the five declarations under penalty of perjury appended to the application for the TRO.
“Nice work, quickly put together.”
“Thanks, Cyrus.”
“Your and Frank’s declarations are short and sweet,” Cyrus said. “They’ll nail down that it is more than speculation that Jake is in the respondent warden’s possession, and that he was obnoxiously stonewalling you. That casts doubt on his trustworthiness to protect Jake’s civil rights of his own volition.”
“That was precisely my thinking too” Leah said.
“Amir’s declaration shows that Jake feared for his and Amir’s safety and well-being. His testimony may be hearsay, but it should be admissible to show Jake’s state of mind, one of the many exceptions to the rule against hearsay. Abelson’s declaration as to what Jake’s computers showed he was and was not doing is also hearsay, but the declaration establishes that Abelson is an expert. Experts are permitted to offer hearsay testimony.”
“Again, my sentiments exactly.”
“The pièce de résistance is, of course, Anya’s declaration, and it’s two attached exhibits— the original Russian text she received to return home, and her English translation of the original for the court’s convenience. The ominous words ‘It’s over’ should have the intended profound effect on the court, ambiguous as they may technically be.”
“I hope so. I’ll make your suggested changes, email the final copies to Townsend, and ask him to file them first thing in the morning.”
“Under the circumstances, service on the respondent warden is not required as a condition to the court ruling on our application for the temporary restraining order. With any luck, Townsend should be able to serve the order before the warden has any opportunity to hide the ball.”
“That’s the plan,” Leah said.
“Under FRCP 65, Cyrus continued, that should give us two weeks to file the follow-up motion for preliminary injunction to extend the temporary restraining order through the trial of the civil rights lawsuit itself, if that even proves necessary. You should also be able to file your petition for a Writ of Habeas Corpus simultaneously with your motion for the preliminary injunction. I’ll get on the horn as soon as we hang up and make sure at least one of my colleagues on the Atlanta District Court bench has the background, and will hopefully help assure that the TRO is promptly processed by the court. Keep me informed.”
“Will do. Thank you again, Cyrus.”
“You’re welcome, but it’s all your doing, Leah.”
“Maybe so, but having you in my corner is incredibly reassuring.”
JAKE WAS ANXIOUS. IT must have been nighttime because the solitary light in his cell was off. It was pitch black again, and he was tired, but he couldn’t sleep.
He had lost track of time, but the faint marks he had managed to scratch out on the wall adjacent to his cot suggested that it was July 19. If that was correct, four days had elapsed since he was seized. Arrested? Is that what I was … arrested? No one had reached out to him, neither his captors nor Leah. Either my emails had not gone through to Leah—two emails, that’s what I sent, right?—or she had no idea what to make of them.
“POTUS and EBCOM,” those were the words that Dobbs, the Georgia election official, had said to me. POTUS I know, President of the United States. But EBCOM, what does that stand for, and what does it have to do with POTUS?
Wish I had my laptop and access to the internet. And a light switch. Will ha
ve to do without, distract myself, take my mind off matters until sleep comes.
In his mind’s eye, he saw the letters E B C O M and started listing the possibilities. What could the letters stand for? The name of some kind of business enterprise? A company? Probably not a company, because isn’t that abbreviated CO rather than COM? If it were a company, wouldn’t it be EBCO?
Maybe COM stands for committee or communication? That makes more sense. More sense than what? Concentrate!
What about EB? Someone’s name? First initial E, second initial B. Hmm, POTUS. Baker. Maybe B stands for Baker? But his first name is Dustin.
If COM stands for committee, then maybe EB relates to committee. Executive Committee? Then what is the B for? Not Executive Committee.
B? B? Board! That’s it. Executive Board. Executive Board of some committee. Some committee having something to do with POTUS. What to do with POTUS?
Crazy. Am I going stir crazy? Or just crazy, period?
Sleep finally came.
CHAPTER 99
July 20, 2020, One Day Later
LEAH HAD TO SUFFER through the longest July 19 ever. Or so it seemed. While Jake’s team was willing to work weekends, the court was not. Finally, after what seemed like forever, Leah read out loud the TRO Townsend had emailed to her only moments earlier—on Monday. Amid a round of applause from the tiny but mighty anxious audience, she quickly told the members of the group gathered in the family room where things now stood.
As Townsend had elaborated to Leah, he had personally served the order, and the underlying papers, on the warden that morning. Pursuant to the order, Townsend had been allowed to visit Jake and had arranged for independent health care providers who had accompanied him to the prison to thoroughly examine Jake. He was frail and unnerved, but relieved to know that his emails had been received, that JK’s Code had been deciphered, with a boost from Amir, and, most importantly, that he was not alone.
According to Townsend, Jake said that he had been moved to more humane quarters, allowed to shower and given a fresh change of clothes and a hot meal before Townsend was allowed to see him. As co-counsel of record along with Townsend, Leah would also be allowed to visit Jake in accordance with customary visiting rules of the facility.
“We don’t yet officially know who physically abducted Jake—and on whose orders—but we’ll get to the bottom of that in due course,” Leah added.
Leah then turned to Anya. She paused. “Anya, I’m afraid there was one bit of bad news that Townsend reported to me. The court declined to seal your declaration, ruling that the first amendment, freedom of the press, and the public importance of this case and these events, prohibited the court from sealing your declaration.”
If Anya were at all concerned, Leah couldn’t detect it on her face or in her body language.
She wanted to be sure that Anya understood. “This means those who would do you harm will now be able to figure out where you went when you left Cambridge, and where you may now still be. However, Frank assures me that his Metropolitan D.C. Police Department will assign several undercover officers to protect you around the clock. At least for the time being. I also plan to hold a press conference to draw attention to President Turgenev’s tactics. He will, of course, deny all of that, but even he should not be brazen enough to bother you any longer once we expose him.”
Leah was still unable to detect any reaction on Anya’s part.
“Now that we know Jake is safe, we will turn to the prospect of pursuing his release, and allowing him to accomplish what he was meant to do from the very beginning—when a young boy first conceived of Jake’s Code.”
Finally, Leah thought she detected a slight smile cross Anya’s face.
CHAPTER 100
July 21, 2020, One Day Later
TURGENEV WATCHED THE LIVE video feed of Leah Klein’s press conference. “This bitch is an even bigger pain in my ass than her younger brother.” He turned to the man sitting in his office with him. “We have no choice. Call the dogs off of the Kleins, and Lebedev. They’re too hot to handle now. But we will live to fight another day. And we will still pursue our election goals and helping Baker’s reelection.”
CHAPTER 101
August 3, 2020, Thirteen Days Later
THE COURT HEARD THE publicly noticed and scheduled matters by video conference. First, the petition for the Writ of Habeas Corpus, and then the motion for a preliminary injunction to assure Jake’s safety pending the trial of his civil rights lawsuit, which would not occur for at least a full year.
In the actual courtroom were the presiding judge and his clerk, both masked and socially distanced. A number of other interested parties had electronically registered with the court clerk to attend the proceedings virtually.
Jake had already been formally charged and indicted for treason in the criminal court. He pleaded not guilty, but was still incarcerated because the criminal court had denied bail on the grounds that he was a flight risk. He was allowed to view these proceedings from his prison cell by means of a laptop computer brought into his cell.
Leah Klein appeared by video conference from her D.C. office. Present in her office, and watching the proceedings from off camera, were Cyrus and Eloise Brooks, Frank Lotello, Charlie and Madison, Amir, and Anya, all socially distanced and masked. Charlie and Madison were now graciously sharing their rooms at home with Amir and Anya.
Sam Townsend appeared by video conference from his office in Atlanta.
Abelson viewed the proceedings from his New Haven school apartment.
The Attorney General of The United States appeared by video conference from his D.C. office.
The Russian Ambassador to the United States viewed the proceedings from his private office in the Russian Embassy in Washington, D.C.
Rupert Austin viewed the proceedings from his home office. He would promptly report the outcome of the hearing to his fellow EBCOM members.
No doubt, other interested parties from various locations around the world also watched the proceedings by video conference. Just possibly the leaders of a country or two.
At a signal from the judge, the clerk called the case. The judge welcomed everyone, and commended all who were masked and socially distanced. He invited counsel for Mr. Klein to argue the writ petition.
By agreement with Townsend, Leah presented the argument for her brother. In essence, that he was not a flight risk, and should be released on his own recognizance pending his criminal trial. She also argued that supporting documents filed by her and co-counsel made it abundantly clear that the case was a witch hunt, exacerbated by the circumstances of Mr. Klein’s seizure and treatment prior to the court’s issuance of the temporary restraining order, and that he would ultimately be vindicated and found innocent, and awarded damages at trial for violation of his civil rights.
“Thank you, Ms. Klein. We’ll now hear from the Attorney General. We acknowledge the importance of this matter to the federal government by virtue of your presence, Sir. We are honored to have your appearance in our courtroom, Mr. Attorney General.”
“Thank you, your honor.” The Attorney General then argued passionately that the accused was guilty of the capital offense of treason in seeking to control the upcoming elections, and that he should remain behind bars without bail pending his criminal trial.
“Thank you for your outstanding arguments, counsel,” the judge said. “The court is prepared to rule from the bench. Subject to surrendering his passport to this court, Mr. Klein will be immediately released on his own recognizance pending his criminal trial. Mr. Klein will be confined to his home pending his criminal trial, and will be required at all times to wear a GPS monitor. He will, however, be permitted to leave his home as scheduled in advance with the clerk to meet with his counsel and for reasonable and necessary medical appointments.
While this court is not required to explain its thinking, I do wish to point out that I was heavily influenced by the circumstances underlying Mr. Klein’s original arrest
, if we can call it that, and the nature of his detention prior to the issuance of this court’s temporary restraining order. Such behavior on the part of the government was indefensible, and cannot be countenanced. In light of the court’s ruling today, the motion for a preliminary injunction to safely continue Mr. Klein’s incarceration is moot, and dismissed without prejudice to renewal should circumstances warrant. The clerk shall give notice. Court is adjourned.
CYRUS TURNED TO LEAH. “Well done, Ms. Klein,” he said. “I think you just might have a promising career as a lawyer,” he added dryly, as only Brooks could.
“Enough of your humor, Cyrus,” Eloise said.
Leah laughed. It was not clear whose remarks had elicited her reaction, Cyrus’s or Eloise’s.
“Mr. JK come home now?” Amir asked.
“That’s right,” Leah said to Amir, and perhaps to everyone in the room.
POTUS WAS OUTRAGED. AGAINST advice of counsel, he immediately tweeted “Terrible decision. Terrible judge. Klein guilty of treason. But I will fight for America. And I will win for America.”
CHAPTER 102
September 28, 2020, Eight Weeks Later
JAKE REMAINED CONFINED TO Leah and Frank’s home under the court’s remand order. Not so bad, but it would be nicer if it were voluntary.
He had been watching all of the news, in particular any number of President Baker’s public actions and remarks from time to time—including his continuing arrest of protesters in Portland and other cities—in similar fashion to the way Jake had been seized—in violation of their civil rights, his pardoning and commutation of his friends and supporters, his increasing disregard for the law, including his multiple violations of the Hatch Act at the GOP convention, his interference with the postal system in an attempt to prevent mail voting at the upcoming elections, his nomination of a Supreme Court justice less than six weeks before the November presidential election in an attempt to tip the Court in his favor, and his several vague implications on national television that he would not honor the results of the upcoming election if the results weren’t what he wanted, perhaps emboldened by his latest Supreme Court appointment.
JK's Code (Brooks/Lotello Thriller Book 4) Page 28
