Decency (27 page)
Alone. Sitting alone. The normal office buzz faded. It was there but unheard.
Tom, what do I do now? What can I possibly tell Kathy and Harlan Pierce? It was all a charade? Their daughter was duped? She was a pawn? She was not suspected of anything? She was simply used to screen the real suspect from discovering they were on to him? In fact, her superiors knew full well how great she was but they used her, counted on her character to do the right thing, and left her hanging out to dry? They even counted on her strength to carry her through what they knew was a stressful investigation? She just lacked her mother’s instincts about people and trusted too much?
There was no deliberate falsification of the psychological evaluation. Cochran may be stupid. Or he may have just been too eager to please his superiors and made a mistake. But that’s not enough to make him liable. Stupidity and eagerness give him the qualified immunity defense. As long as he did not knowingly abuse her rights, there is no case.
Sure we can keep the case going. We can make Cochran look stupid and the agency look heartless. The government will say, “Intelligence work is a terribly difficult business. To do it right sometimes demands callous acts. But ‘callous’ does not equal ‘illegal.’” And they will be right.
If we do that, the court will see us as desperate, blinded by grief or whatever to the reality of the legal requirements of the case.
Even partners in this firm, some of whom already think the case is a fool’s errand, will say that. They will speculate that poor Kelly has lost her edge. Her grief … the parents’ grief. She lost sight of her real job to represent them as a lawyer not a friend…
“Kelly, Sandy Matthews of the Washington Post is on.”
…oh, God…has the U.S. Attorney leaked this…? well, if the Post prints, can’t let them say “did not return calls…”
“Thanks, Jannie.”
“This is Kelly Hawkins.”
“Ms. Hawkins, this is Sandy Matthews of the Washington Post. I’ve read your complaint and the other papers in your Pierce versus Cochran case. I think I’m going to write a human interest story about it focused on Samantha Pierce. Could I ask you a few questions?”
“Of course. I’ll be happy to tell you what I can.”
…human interest…? doesn’t sound like they’re following the credibility of NSA angle they would work on if the U.S. Attorney leaked them anything…
“Thanks. As I understand it you have sued for a false psychological evaluation. Did Samantha Pierce ever have any psychological problems before?”
“Absolutely not.”
“Was there anything to indicate that her job performance was suffering as a result of stress?”
…stress…? working in the most sensitive arena in the world with everyone looking over your shoulder…? not getting cooperation for reporting potentially catastrophic failures of security…
“No. If anything, she was performing her job better than she ever had before.”
“As I understand it she was from a rural background. Do you know if she ever felt ill-equipped to deal with the high pressure environment of the intelligence world?”
…snob…
“I would take issue with the premise of your question. I believe rural people experience pressure. For example, look at your own paper’s dead files on how many farms are disappearing as a result of financial pressure. Those are real people facing real pressures every day, not just statistics.”
“Fair enough. Did her parents contact you here in Washington to take the case?”
“I’m not sure I see the human interest aspect of that question. Do you mind if I put you on hold a second?”
Kelly punched the hold button to defeat the connection.
“Jannie, call the Pierces immediately. Tell them not to answer any questions from reporters. Refer any press inquiries to me.”
“Sure.”
Kelly went back on the line.
“Sorry, Ms. Matthews. Please, go on.”
“Well, I would like to ask you about the NSA’s practices regarding psychological evaluation. Do you think the use of the psychological evaluation in general is warranted?”
…this may be the only good to come out of this whole mess…
“Ms. Matthews, I think the NSA’s use of the psychological evaluation process in Samantha Pierce’s case was completely unjustified. I don’t know how the NSA does all of its psychological evaluations. However, because the process was abused in this case, the potential for abuse still exists. That is something the relevant authorities may want to evaluate.”
“Relevant authorities including whom?”
“Well certainly the Congress. I think there is a serious gap in the coverage of the laws concerning this subject. Basically, there is no oversight of the intelligence agencies regarding this matter because they have been exempted. This case and others like it certainly suggest that there is a need for Congress to consider whether the exemption is warranted in the first place or worth the mistreatment of citizens that can result from abuse of the process.”
“What can you tell me about Samantha Pierce? What was she like as a person?”
“I wish I had the pleasure of knowing her when she was alive. From all that I have seen in her records and heard in conversations with people who did know her, one thing is clear. She was an extremely smart, energetic, and kind person. She was a natural leader throughout her life and was one of the first women to make a splash in the field of computer science. I have never, ever seen or heard a single negative thing about her.”
“I guess it’s a good thing we have people like her in the intelligence world.”
…if you only knew how hard it is for the good ones…
“I think it’s safe to say we cannot do without them.”
“You’re probably right. That’s all I need for now, Ms. Hawkins. I hope I can call you again.”
“You’re very welcome to do so.”
As they hung up, Jannie came in.
“I phoned the Pierces and gave the message to Kathy. Also, CNN wants to send a reporter over to talk about a possible interview to air within the next week. What should I tell them?”
“Tell them they can come any time. Just call to confirm I’m available.”
…never mind that there might not even be a story by the time they get here…
Tom, yesterday at the NSA general counsel was disaster. What did I miss? Did I miss anything? Am I just like a dog clutching a bone? Talk to me, darling, I don’t know where to turn.
“Kelly, Senator Charboneaux’s office is on.”
“Really? Okay…”
“This is Kelly Hawkins.”
“Hold, please, for the Senator.”
Senator Jean Paul Charboneaux, currently the most colorful member of the Senate, was a legend in his home, Acadia Parish, and in Washington. From his high school days as an oil field roustabout, to quarterbacking the LSU Tigers, to the LSU law school, where he was said to have committed the entire Louisiana Code to memory, to an up and down career as a wild catter, to the floor of the Senate where he delivered the most entertaining speeches graced by Cajun accent seemingly more vivid by the year, the Senator garnered multitudes of friends and no surviving foes.
“Kelly! Where y’at, cher?”
“I’m fine, sir. It is a pleasure to hear your voice.”
“Flatter ol’ men an’ y’all can sleep sound. Kelly! Had y’all’s lunch?”
“No, sir, a working woman can’t afford it.”
“Ha! I know y’all can buy my accounts an’ chip ‘em in the Sunday c’lection. Woman, get outtah there. Come on ovah an’ we’ll share some
‘etouffe’e
.”
“I can be there in about thirty minutes, sir.”
“Step on out an’ I’ll see y’all then.”
“Thank you, Senator.”
The former Chairman and current ranking member of the Senate Intelligence Committee could be about to administer an old fashioned whuppin’ to a lawyer messin’ on his turf.
With a corner office in the Russell Senate Office Building befitting a tenacious and clever operator, he seemed to rule the Intelligence world.
“Hello, Ms. Hawkins.”
The receptionist was well briefed. There was no reason on earth for her to be able to recognize the visitor.
“The Senator wants to see you right away. Please follow me.”
“Thank you.”
She opened the door to the Senator’s office and aroma of the luncheon already placed on the table opposite the desk was wonderful.
The Senator was in shirt sleeves, talking on the phone, with his free arm resting on top of his head and leaning back in his chair with one foot on the edge of the desk. His salt and pepper gray hair and the wrinkles edging his eyes dramatized rugged South Central Louisiana good looks. When he saw Kelly, the Senator jumped to his feet, threw his arm out in greeting and waved her on in.
“…now, Charlie, you know that bill got as much chance as a frog in a gator pond…no, no, no, we’ll do what we can but we ain’t jumpin’ in the pond with the frog too…okay ol’ son I’ll see y’all then.”
Hardly breaking rhythm, the Senator put the phone down, strode around the desk with both arms extended, grabbed Kelly’s right hand and clasped her right shoulder.
“Damn, you sure look good.”
“Senator, judging from your grip you could still play some quarterback.”
“Ah, if only…”
A frown appeared from nowhere on the Senator’s brow.
“Kelly, it was a helluva thing about your Tom, I’m very sorry.”
“Thank you. I was very pleasantly surprised to get your card when it happened.”
Still frowning and grasping both her hand and shoulder the Senator looked directly into Kelly’s eyes.
“Really, now, how y’all makin’ it?”
“I’m okay…now.”
“Hope so. Hope so. You been through hell.”
With a slight pause the Senator shifted back to campaign mode.
“Heah now, git this jacket off so I don’t have to put mine on. Le’s roll up our sleeves and damage this food.”
Kelly removed her suit jacket and they both rolled up their sleeves for serious eating.
“Help yourself an’ don’ be shy. We got duck
‘etouffe’e
an’ a little jambalaya an’ some black eyed peas. They been takin’ my instruction an’ jes’ ‘bout have it right.”
Kelly took a small bite of each. The duck must have been slow cooked for hours. There was no hint of excess fat and was explosively flavorful. The jambalaya was a perfect pale orange, rice nesting bits of chicken, pork, peppers, and onions. The black eyed peas probably were cooked in bacon drippings to create so much rich flavor.
“You’ve been teaching them very well, sir. It’s wonderful food.”
“Comin’ along, comin’ along. Kelly, I need y’all to do me a favor…”
…look out, here it comes…
“…your case against NSA is pretty int’restin’ an’ as you know I have to watch out for the intell budget. I need you to tell me, is there anythin’ you found that could blow up in the press and make us go through another round of tearin’ up the intell commun’ty?”