Decency (30 page)

19

Filing up the jetway at Reagan National, Kelly turned on her cell phone.

…hate to call Bonnie at home after midnight…we have to arrange work on the disks…

A sleepy voice answered. “Huh-loh.”

“Bonnie?”

“Yes.”

“Sorry to call so late. I have something that might break the case. Can you meet me at the office first thing in the morning?”

“Sure, how early?”

“Is 7:00 too early?”

“No, I might miss most of the traffic.”

“Okay, see you then.”

“Kelly, before you go…we have a problem. Richardson wants to back out.”

“For God’s sakes, why?”

“His wife received a threat.”

…wait, what about our home phones…?

“Okay. Can’t talk now. Thanks, Bonnie. See you at 7:00.”

Kelly ended the call. She got the car in the short term lot and drove home wondering what could go wrong next.

At the office the following morning, Kelly arrived first and Bonnie a few minutes later. No one else was there.

“Good morning, Bonnie. Thanks for coming in.”

“Good morning. It’s no problem. In fact, I’m glad to have someone to talk to about this besides Mr. Kramer. I have to tell you, he seemed like Richardson backing out was really bad news.”

“It would be if we can’t get him back.”

“Richardson sounded pretty scared. He said a stranger personally spoke to his wife, mentioned his entire family by name and that she should tell him to mind his work.”

“Did he say this case was mentioned?”

“No. But that’s the way his wife is taking it. He said she won’t even go outside the house.”

“Did he say anything about how whoever is making the threat learned about his involvement?”

“Not that either. And that’s what bothers me. I can’t figure it out.”

“Only one thing makes sense to me. Come on, let’s go. Would you bring the diskettes, please?”

Kelly picked up the Toshiba, Bonnie brought the diskettes, and Kelly led the way toward the elevator.

Inside the elevator, Kelly let the door close but did not punch a button for a floor.

“Bonnie, I think our phones might be tapped.”

“Just because of
this
case?”

“‘Why’ is a bit of a mystery but how else would anyone a stranger to Richardson know he was involved in it?”

“I guess so but…the NSA can’t legally listen to Americans in the U.S.”

“Right, unless they get authority to listen for foreign intelligence material. But we can’t just assume it has to be NSA. At least two other offices, the FBI in the form of Fitzgerald and the U.S. Attorney have enough knowledge of the case itself to possibly be doing the listening.

“Plus, ‘phones tapped’ is an inaccurate term. It implies actually connecting to the line. These days there is a range of methods. Also, it might include computers, faxes, printers, etc.

“Anyway, for the foreseeable future, assume you’re speaking into a microphone when you are in our office and that you’re sending to somebody else’s screen when you use a computer or fax. Just don’t work on this case in our office.”

“How do we manage that?”

“I’m going to get another office. For today, we have two critical things to do. We have to read these disks. Harlan Pierce said this computer will do it. We might need to get Christian Mason to help. Harlan said some of the files were not in English, just numbers or symbols.

“Tonight we’ll go out to the Richardsons’ together. I would go now myself, except Mrs. Richardson might spook even worse if I show up alone in the middle of the day.”

“So we only use cell phones?”

“Yes, exactly. Okay, then, I have a partners’ meeting this morning. You take the Toshiba and get cracking on it while I’m at the meeting. If you need help with getting Mason, come and get me in the meeting. You’ll need a power cable. The battery is probably dead. And don’t hook it up to anything but power. And remember, to call Mason, or to call or talk to anyone about this case, use your cell phone and do it from outside our offices.”

Bonnie brightened a bit.

“This is getting interesting, even if the NSA general counsel says there’s nothing here.”

The partners waded through the meeting agenda with more than normal carping and sniping. A troubling ebb of cash flow put the spirit of cooperation in short supply. And then real trouble took hold.

Abe cleared his throat and summoned his courage.

“Kelly…we need to address the Pierce case. It appears from the meeting at NSA that there is no case. If that is so, how do you intend to dispose of it?”

“Abe, I’m disappointed to hear you speak in terms of disposing of the case.”

“Yes, I’m sorry we did not get a chance to go over it earlier. But you were out of town.”

“I was traveling in connection with the Pierce case. I think I may have found significant evidence…”

Campanelli abruptly put in.

“Of what, Kelly? Unless this evidence is a written confession contradicting the NSA general counsel, there is no case. If you had one, it’s gone, poof, can’t you
see
that? As I’ve
been
saying, we’ll look dumb as hell.”

Kelly stood her ground. “As I was
about
to say, evidence of real wrongdoing on the part of NSA management.”

Campanelli would not let go and shouted, “Goddamnit! We lose, especially if you win. Every nut job thinks their shrink is screwing them. You won’t be able to hire enough screeners to keep them all away.”

Kelly shot back, “You ought to know. You do criminal law.”

MacIntyre assumed the floor.

“Michael is right, Kelly. Wrongdoing doesn’t equal liability. Can you show us this wrongdoing somehow gets you over the restrictions against reviewing security clearance decisions, which frankly I don’t think is possible?”

“No, not yet.”

“Then we have to protect the firm, Kelly. The press has gotten wind of the case. Ridicule, utterly unnecessary ridicule, will follow if this firm’s name is connected to a quixotic lawsuit. I think you have to withdraw it.”

“My name is on the front door, Donald. If anyone is concerned about our reputation, I am.”

MacIntyre would not let go and his voice was rising. “In recent times your name is about all that was present around here. We have all understood the immense toll on you that losing your husband caused. But we can’t pay that toll any longer.”

…well, there it is…not pulling my weight…

One of the newer partners added, “We can’t help anybody if we don’t stay in business.”

A little too loudly Kelly shot back at MacIntyre. “There wouldn’t be any firm here if not for Abe and for me…”

Abe put out his hands palms down, a feeble calming gesture, and interrupted. “Folks, let’s focus on the reality. I don’t think the issue is the possibility of fetching up on shoals of ridicule.”

He bared a disapproving look at Campanelli. Then turned to Kelly. “However, it need not go that far to cause real damage to the firm. Kelly, you know that clients - our type of clients anyway - don’t come looking for lawyers who make a big show and fail. They want results.

“None of us has a permanent lease on the areas we practice in. Clients pick from the firms that get results and forget the ones that appear to lack success. The appearance of failure is failure when it comes to growing the practice. Kelly, I’m sure you agree it is an overwhelming financial risk.”

Kelly looked at Abe in utter dismay. Then she slowly looked directly at each member around the table before speaking.

“All right. Let me put it this way. It is possible there is no case here. I have not yet made that judgment. I intend to pursue the case until I can make that judgment.”

She paused and looked at them again. “And this case may require clearances of the kind that involve extended background investigation. That means fastening upon your personal financial and marital situations and could result in making a government record of any history of gambling or extramarital involvement, which I know to be unappealing to some of you. I have to do what I have to do. If that conflicts with what you have to do, then so be it.”

No one spoke. Everyone knew the antagonism has crossed the line where parting of ways was the next step.

Finally, Abe announced the obvious. “Regrettably, I believe a vote is required on the question of removing the firm from representing the Pierce family in the pending lawsuit. Those in favor…”

Twelve hands went up, then the thirteenth, Abe Kramer’s.

“The vote is thirteen to one in favor. Kelly, I trust you will continue to represent the Pierces and that you will make the appropriate filing with the clerk to indicate the correct affiliation and, if necessary, address.”

“My friend, your trust is well-placed.”

“I believe we can adjourn.”

The others quickly took flight as though they just looked over a cliff.

Abe and Kelly remained. “Kelly, the ball is entirely in your court. If you keep the case, you can do it on a leave of absence basis…what you were supposed to be trying to do when you took the case in the first place. Whatever you decide, you know you will always have a home here.”

“I’ll keep the case until I can make a clear decision it’s not valid. As far as the leave of absence goes…it doesn’t seem appropriate. I’ll probably make a clean break.”

“If there’s any way I can help, let me know.”

“Abe, I know you mean well, but I needed your help just now.”