Decency (36 page)

“Tell your folks thanks for thinking ahead of the game. I’ll be in Security for a while, hit my cell phone if I’m en route.”

“Yes, sir.”

The Director pounded down the corridor and took the elevator to the floor Security occupied and walked directly into the Division Chief’s office and shut the door.

Cynthia Overstreet and her deputy, Matt Pearlstein, were both combing through piles of documents. They stood when the Director did not sit down.

“Cindy, Matt, we screwed up big time. Somehow we let someone into the heart of the function that is supposed to protect the whole agency’s operations from penetration. We need to work two problems. One, failure analysis and correction. Two, damage assessment. Give me teams of people by…1:00 p.m. for each problem.” He hesitated before adding, “I’m putting someone from IG in charge of each team.”

Their shoulders dropped, chagrined.

Overstreet said, “General, we’re already working both problems and I can tell you several things. One, we failed to independently screen Fitzgerald. We relied on the FBI. Two, once he was here we failed to subject him to the normal scrutiny. We treated him like he was still just FBI. Three, Matt and I are checking these files he had direct access to. I’m sorry to say he may have compromised almost seventy percent of our current ciphering systems.”

“Damn.”

“Sir, I’m responsible. I’m offering you my resignation right now.”

“Cindy, I bear just as much responsibility as you, so I go first. But the Secretary and the President make that call. I’m not accepting your resignation. There’s going to be plenty of blame to go around. Most of it at the FBI. Right now, let’s work the problems. And, I’m proud of you for getting a good start on it. Thanks.”

The Director’s cell phone sounded. He glanced at it and punched the talk button.

“Got something, E?”

“We think so. Want me to bring it to Security?”

“Meet me in my office.”

Halliburton, his cryptography Chief, and a Chinese linguist were waiting outside the Director’s office when he came jogging up the corridor.

“Let’s go into the SCIF.” When the door hissed closed the Director turned to Halliburton.

“All right, let’s have a look. Put it on the overhead display.”

Halliburton slid the sheet under the lens housing and switched on the display. The screen lit up as they sat down and all eyes turned to the text.

Begin Intercept


1712Z


Ku 500Mz


Menwith Hill


Begin Text:


Director Jiang?


Yes.


General Zhou at your service.


Of course, General, what do you have?


The American friend reports his function is compromised and requests instructions. He also requests guidance for travel to China. As to both requests he advises immediate response is necessary. However, both messages were sent twice each.


How do you view the situation, General?


Director, we do not believe he has information that he has not already given us.


Therefore, General, we do not need to provide him anything?


Director, I regret to state he has certain material which we do not want the Americans to discover.


How is that so?


We provided it to him.


Then you have a problem, General.


Do you wish us to bring him only if he also brings the items?


I wish that you obtain them. You must resolve how to do that.


Of course. Thank you, Director.


End Text


End Intercept


1716Z


“E, you said you ‘thought’ this was it. It looks solid to me. What are your concerns?”

“One, ‘both messages were sent twice each.’ We don’t have a record of the first transmission. Two, ‘certain material which we do not want the Americans to discover.’ Then he calls it ‘items.’ The linguist tells me they selected these words because they are American forms. The Chinese words that would normally be used in this kind of context more accurately translate to ‘manufactures’ and ‘made articles.’

“Consequently, we think it’s likely they knew we would catch this and are basically telling us, ‘We don’t care about him.’ We assess the discussion of ‘material’ as sixty percent likely to be bogus, intended to create an image of concern where none exists.”

“You still believe the conversation was authentic, just not completely true?”

“Yes, sir.”

“Likelihood of authenticity?”

“Ninety nine percent.”

“Thank you, folks. Go on back and keep on truckin’ on this. Maybe we’ll get some more.”

As they departed, the Director dialed the secure phone for the Attorney General and CIA.

“John Corrigan.”

“Mandy Matthews.”

“John, Mandy, Chet McKenna. We have an intercept of a phone conversation between Director General Jiang and a deputy of his, General Zhou. John, they’re number one and number three in Chinese Intelligence. I’m sending a secure fax of it now.”

Without removing the document from the display the Director commanded the fax from the keyboard.

“The conversation was probably intended for us. Nevertheless, they confirm the main issue. Green Lilly was their mole.

“We’re going to keep watching for more. But we can go with espionage, John.”

“Okay, Chet, I’m just getting it now…

“Mine’s coming through…”

“Chet I don’t see what you mean about ‘intended for us.’ You are sure it’s real, aren’t you?”

“John, we’re as sure as we can be. The reason we think it was intended for us lies in the linguistic pattern. ‘Material’ and ‘items’ are not natural to the Chinese tongue in this context. They would say ‘manufactures’ and ‘made items’ but that would not make sense to us. They put too much Americanism into it.”

“Okay, I get what you mean now.”

“Mandy, see if you can get some angle on this from your people in China.”

“Already started when I got the fax.”

“All right then, we’re all agreed we have definite proof of espionage. I’m turning the FBI loose right now…

The Attorney General intercomed the FBI Director, and was overheard on the secure phone.

“Francis, Chet McKenna came through. Arrest him for espionage.”

“…now let’s get the President…”

The professional purr answered, “White House.”

“This is the AG for the President.”

“Yes, Mr. Corrigan.”

“Craig Horton.”

“Craig, John. Chet and Mandy are on, too. Please tell the President that NSA intercepted proof of the FBI agent acting for China and that we will arrest him for espionage.”

“He’ll want to hear it from you.” There was a pause of almost a minute.

“Progress, John?”

“Yes, sir. Chet and Mandy are also on. Chet’s people intercepted proof of the FBI agent working for Chinese intelligence. We will arrest him for espionage.”

“All right…we still have work to do. They are back-briefing me on the case. John, we’ll alert the other agencies to give you any help you need. We’ll be back in the White House by 2:30. Let’s talk again then unless you need me sooner. Now, let’s put Chet’s people’s good work to use.”

The disconnecting ping seemed just a little louder this time.

“Chet have you touched base with the Senator?”

“Not yet.”

“Let’s try…”

“Jean Charboneaux, here.”

“Senator, John Corrigan. I have Chet and Mandy Matthews on.”

“How’s the FBI case goin’ y’all?”

“Senator, NSA confirmed he was a mole for China. We will tell you when we have made the arrest.”

“Glad to hear that. I know the lawyer that made the case, Kelly Hawkins. If I can help, let me know.”

“Thank you, sir. We will.”

The Senator disconnected.

“Let’s keep each other posted. I’ll get you back on the line for the call to the President at 2:30. Tell your folks thanks, Chet.”

All three disconnected and plunged into their work on the case, backing up dozens of other projects as if they were rush hour cars on the Beltway. They hoped in every facet of consciousness the 2:30 call would be to report the arrest.

24

Kelly raced from the parking building across the street from the Baltimore federal court house with six minutes to get through security and upstairs to Judge Reichardt’s courtroom. Naturally, it was raining. She had to hold her briefcase over her head as an umbrella for the half-block jog to the entrance.

…need more sleep…every joint and muscle aches…sure I’ve forgotten something…

She took the elevator to Judge Reichardt’s floor. Checking the mirror in the women’s restroom, the wet, red-eyed, heavy-breathing, ogre staring back looked almost as bad as the wreck she felt like.

She entered the court room, throwing her trench coat onto one of the pews. It appeared hers was the only case. Carbajal was already seated at the defendant’s table. The bailiff, reporter, court room clerk and the law clerks were ready and waiting. While opening her briefcase for the motion papers she glanced up to the court room clerk.

“Kelly Hawkins, for the plaintiff.”

The clerk nodded, picked up her phone, and spoke quietly.

“We’re ready.”

Another three minutes elapsed during which time Kelly’s heaving lungs started to quiet down.

…where are Bonnie, Jannie and the witnesses…?

The entrance door opened and Bonnie hurried in. She looked, and obviously felt the same way Kelly did, like an abandoned, rain-soaked animal. What little make-up she applied in the car looked like the Crayon brand. One side of her hair grotesquely pushed up as though still resting on her pillow, the worst case of bedhead Kelly had ever seen. She sat down next to Kelly without comment. It was impossible to tell if she was going to cry.

Kelly stood up and in a clear voice announced to the court room clerk, “Ms. Bonnie Cummings, for the plaintiff.”

Without sitting down she leaned down, put her arm around Bonnie’s shoulder, kissed the pushed up side of her hair, and whispered in her ear. “Thank you, for everything.”

Bonnie nodded quickly, still trying to control her breath, and to quell the catch in her throat that wanted her to cry. In another moment she unfurled her papers and the lawyering instinct took over. She deep-breathed and leaned over to Kelly.

“I’m all right. Theresa and Gareth are in the witness room with Jannie. Duncan and Mason are still on their way and should…”

“
All rise!
”

Judge Reichardt marched smartly to his chair, sat down, and commanded the clerk.

“Call the case.”

“Number PKR01 dash 158, Pierce versus Cochran, and others, Ms. Hawkins and Ms. Cummings for the plaintiff, Mr. Carbajal for the defendants.”

“Are the parties ready to proceed?”

“Ready for the plaintiff, your Honor.”

“Defendants are ready.”

“Very well. Ms. Hawkins, we are here on your emergency motion for a protective order, is that correct?”

“Yes, your Honor, it is.”

“Ms. Hawkins, under Rule 26 concerning protective orders, your motion is required to be accompanied by a certificate that you have in good faith attempted to confer with other affected parties to resolve the dispute without court action.

“Also, our Local Rule 104.7 specifies that the court will not consider a discovery motion unless accompanied by a certificate describing a conference of counsel to resolve the matter or counsel’s efforts to hold such a conference.