The Fiery Trial

by Adam Yoshida

  The Oval Office, The White House

  President Bryan sat slumped in his chair, looking at the ground. Slowly and wordlessly he ran his foot over the patch he had worn into the Oval Office carpet underneath his feet by endlessly pushing his chair back and forth.

  "What is this fucking bullshit?" said the President, throwing a pile of papers down upon the desk in disgust.

  "There is some precedent for it, Mr. President," noted Jamal Anderson. "Other non-Presidential dignitaries have addressed joint meetings before... It's the procedure used to invite foreign leaders to speak to the Congress. Usually when Americans do it, it's for memorials and the like..."

  "No," said the President, "fuck this. This is treason. He's not the President. I'm the fucking President."

  "Mr. President," said Anderson quietly, "I think that the time has come that we consider what a de-escalation might look like. Whatever might be said about how they managed to do if, they've got control of the House and Senate at this point and they're not going to pass your bill..."

  "But the how," said the President, jumping up from his chair and practically sprinting to the edge of the room, "is the key to our victory. How is everything!"

  "Sir?"

  "Is the process legitimate? Is it legal?" the President stabbed his finger at the television where the members of Congress were waiting for the Speaker to begin his speech, "is this even a legal session of the United States Congress?"

  U.S. House of Representatives

  "Members of the Senate and the House of Representatives," said the presiding officer, "the Speaker of the House."

  Rickover stood up at the rostrum as the three hundred and fourteen members of the Congress who had chosen to attend the Joint Meeting stood as one and began to applaud wildly. Many did not even have proper seats on account of the damage done to the House of Representatives during the course of the protestors' occupation and the bitter fighting to take back control of the place. The makeshift chairs and the debris left scattered across the floor did more than almost any other single factor to convey to television and web viewers the extraordinary nature of the occasion.

  "Mr. President Pro Tempore, members of the Senate and the House of Representatives, fellow Americans," began the Speaker, "I come before you tonight to speak to you at the greatest moment of peril that our republic has faced in more than a century and a half. Already blood had been shed and lives have been lost as a result of the political and economic strife that has engulfed our nation and, unless an immediate change in course is agreed upon, this will be only the beginning.

  "Yesterday, the United States Congress was subjected to an invasion by protestors who aimed to shut down free debate and to coerce the members of this body into passing laws against their best judgement. This invasion and occupation were only made possible because of the willing collusion of some elements of the Federal Government with the mob that was encamped outside of the Capitol. Indeed, collusion is the best case scenario – it is wholly possible that the mob itself was a creation of those same elements of our own government.

  "I wish I could describe this grotesque abuse as an isolated incident or a tragic mistake by a few misguided individuals. But I cannot. It is an escalation, to be certain, but one that fits into a pattern of hostile actions taken by certain elements of our government as led by the current President of the United States. During his short time in office, this President has – in keeping with a pattern set by his predecessors – repeatedly exceeded his authority and violated both the spirit and the letter of the Constitution. He has attempted to abuse the laws duly passed by the Congress in an attempt to legislate by decree. He has unlawfully seized private property and appropriated it for his own purposes. He has used the judicial organs of the government to attempt to silence and intimidate critics. This President has consistently misused the powers granted to him by the American people in a way that is fundamentally destructive to their interests.

  "When the Congress declined to borrow as much money as it wished, this Administration found a pseudo-loophole and invented for themselves a right to coin as much money as they needed. When even that didn't prove enough, they used a law meant to allow the government to confiscate funds belonging to governments engaged in hostilities with the United States to simply steal money from American businesses. When people spoke out against these abuses they tried to throw them in jail on trumped-up charges. And when they Congress finally and definitively said no to all of this, then they sent a mob to shut us down.

  "This must stop and it will stop. This President believes himself to be immune from the law, free to take whatever actions he wishes because he still has the approval of the mob and so long as thirty-four Democrats in the Senate refuse to vote for his removal from office he is invincible. And perhaps, today, that much is true. But what of tomorrow? And what of those who would follow the orders of this President?

  "We, as Americans, have an obligation to refuse to follow unconstitutional orders – whether they come from a police chief or a President. "I was just following orders" is not a defense for those who would violate fundamental rights.

  "The President alone does not have the power to violate the rights of citizens or to shred the Constitution. To do these things he must have collaborators. Perhaps it is true that we will never convince enough Democratic members of the Senate to vote to convict this President and remove him from office, but he will be rendered equally powerless if those who serve this country – and have vowed to uphold the Constitution – refuse to execute his illegal orders.

  "It is not merely that those called upon to do so should refuse to execute the illegal orders of this President, it is incumbent upon them that they must do so. The Constitution is not optional.

  "Accordingly, the Congress shall immediately pass a resolution noting that the so-called "superior orders" defense is no defense against either criminal or civil sanctions and, surely, merits the loss of employment under the Federal Government. It is true that, today, this resolution will be of little effect and will certainly be symbolically vetoed by this President – but we shall place it upon the public record and we will act upon it in days to come and when there is – as soon enough there shall be – a change of Administrations.

  "My fellow Americans, the time has come for all good citizens to rally to the aid of their country. The acts of this government have become intolerable. I am not asking you to riot. I am not asking you to loot or kill. I am asking all of you, as Americans, to rise up and to speak with a single voice saying that we are citizens of a republic, not subjects of a monarch. That we are free citizens with the liberties of a free people and that we will not submit to tyranny or dictatorship.

  "The Congress of the United States is here with you. The Congress of the United States stands with freedom-loving people everywhere. We will do so today. We will do so tomorrow. God willing we shall do this forever and ever.

  "But a free Congress can only be an effective servant of a free people. And that is why I am asking that you stand with us and help us here tonight.

  "I want you to stand up and tell this President – and all who support him – and say that we will not tolerate the usurpation of our rights as Americans. That we stand together and will not allow one further violation or one further transgression."

  The Oval Office, The White House

  "This is a fucking insurrection!" screamed the President at the top of his lungs.

  "Mr. President..." said Secretary of Defense Gerald Ransom, attempting to get the President to stop and meet his eyes as the man moved back and forth in a random pattern across the Oval Office.

  "No," said the President, stopping and turning to face the Secretary, who had been summoned to the White House, "I don't want to hear anything else about any of this. They're trying to intimidate and threaten Federal employees into refusing to serve the people and I won't have it. Is that clear?"

  "Sir," said Jamal Anderson, "I think that..."

  "No, no, no," r
epeated the President, "this isn't something that's open to compromise or general debate."

  "I think," interjected the White House Counsel, "that the words of the Speaker – and their plain intent – clearly fall astray of the Insurrection Act. The act clearly empowers the President to use force against any conspiracy that opposes or obstructs the execution of laws of the United States."

  "Mr. President," said Secretary Ransom, "attempting to use force at this moment might have unthinkable, even unspeakable consequences..."

  "Speak them," said the President coldly.

  "What if they resist?" said the Secretary of Defense.

  "It's an insurrection, Mr. Secretary: I expect them resist," replied Bryan.

  "Yes, sir," said Ransom, "but what if they resist on a large scale? Or what if the resistance isn't confined to just a few members of the Congress and the hangers-on that they have gathered around them?"

  "Elaborate," said the President.

  "Sir, you know as well as I do that soldiers – especially officers – lean towards the Republicans. The country as a whole is leaning against us by at least sixty to forty percent right now; the military is certainly weighted more heavily than that. If we attempt to order the military or Federal law enforcement to go and arrest members of the Congress, they might not do it."

  "The military doesn't like plenty of missions. They didn't like it when we made them include gay people. They didn't like it when Harry Truman made them integrate black people, for that matter. They'll grumble but they'll listen," predicted the President with confidence.

  "Sir..."

  "Issue the fucking orders, Mr. Secretary."

  The Pentagon, Arlington, VA

  General Richard Hall sat quietly at his desk, with his hands folded in front of him as he read the e-mail he had been copied on.

  Soldiers from the 3rd Infantry Regiment – the unit responsible for rendering honors during funerals at Arlington National Cemetery and for guarding the Tomb of the Unknown Soldier – had been ordered to prepare themselves for a mission that was tersely described by the office of the Secretary as, "in aid of the civil power."

  Given the situation going on in Washington – one that was blaring from every single television and computer in the building – it was simple enough for General Hall to figure out why the unit was being called upon. What was harder to figure out was why he had not been consulted. The General picked up his phone.

  "General," said Secretary Ransom, "let me explain. You're not going to like this at all."

  "The President ordered you to send soldiers in to break up these crowds in front of the Capitol. I understand that. But I don't know if the Old Guard is really enough on its own. If we're going to do that, I think that we'll need to bring in larger regular forces. Perhaps a Brigade of the 101st Airborne. There's one at Fort Campbell..."

  "No General," replied the Secretary, "you're right about where they're going, but you don't have what they're going to do there."

  "What's he going to do," said General Hall, "march in there and arrest the Congress?"

  Silence hung over the line.

  "Wow," said Hall quietly.

  "I know," said the Secretary, "I hope that I can have your full support on this. I know that the President is counting upon you."

  "Mr. Secretary... Has the President seriously considered the effect that this will have upon the armed forces?"

  "The President, General – as I do – expects that the armed forces will obey any and all legal orders, as distasteful as some might find them."

  "All legal orders, Mr. Secretary. That's the operative phrase. I think that more than a few officers – including myself – might question the constitutional propriety of being ordered to arrest the Congress of the United States."

  "Orders are orders, General," said the Secretary.

  "Mr. Secretary," said Hall, "if you cannot successfully communicate the gravity of the situation here to the President, than I need to speak to the President himself. This cannot go forward as planned. It could cause the whole of the military to fly apart at the seams. Some people will believe that they are obligated to obey any order issued by the President. A handful will be eager to do it. Others, however, will feel themselves to be duty-bound to resist."

  "That would be mutiny, General."

  Silence hung over the line once again.

  "I really must insist that I be permitted to speak to the President, Mr. Secretary," said General Hall.

  "General," said the Secretary, his tone softening, "if you must... Let me see what I can do."

  Russell Senate Office Building

  "I don't like those guys," said Melanie McCullough as her and Senator Dawson walked down the hall and past two uniformed members of the Congressional Provisional Battalion.

  "Well," said Dawson, "at least they've managed to allow food delivery trucks to get back onto the Capitol Grounds.

  "Congress isn't supposed to have its own army," insisted the Deputy Press Secretary.

  "To be fair," replied the Senator, "the police aren't supposed to stand aside and let a mob storm the House of Representatives either."

  "People have a right to protest!"

  "Oh, don't be naive Melanie. That was simple and raw political intimidation. A bold move, to be sure – but also a pretty damned thuggish one."

  "What's the mood of the caucus?" asked the aide, switching topics.

  "Pretty damned bleak. They don't like the poll numbers at all. Some of them think that the President will be able to swing people in his favor if the economy comes apart, but I think that idea is pure foolishness. This isn't the Clinton years. If this continues to be a catastrophe, the President will be blamed. They think that the House will move to impeach the President... And some of them aren't so adverse in many ways, except that they'll never vote to make Terrance Rickover the President of the United States. That's why the President hasn't appointed a new Vice President yet – even the people in that room who hate his guts and think he's ruined the party for a generation don't want fucking Rickover sitting in the White House."

  Rayburn House Office Building

  It didn't take long before rumors of the mobilization of troops from the nearby Third Infantry Regiment made their way to Terrance Rickover and the rest of his inner council.

  "Soldiers?" asked the Speaker incredulously. "He's going to send fucking soldiers to march into the Capitol to arrest us? Who the fuck does he think that he is, Charles I?"

  "People in the White House are getting kind of nervous," noted Michael Nelson, "hence the tip."

  "Would they even do it?" asked the Speaker.

  "Well," replied Nelson, "that is the question now. Some would, I'm sure. Some wouldn't."

  "We have five-hundred armed people now," said Jacob Henry softly, "a mix of police officers, members of Congress, and staffers."

  "But armed with what? Personal weapons and stuff from the Capitol Police stocks?" asked Nelson.

  "Pretty much," said Henry.

  "And could they fight tanks, or even simple armored vehicles?" asked the Majority Whip.

  "No," conceded the mercenary officer.

  "We have thousands of reservists sitting outside," said the Speaker grimly.

  "So do they," noted the Whip.

  "If it came to an all-out fight, I'd bet on our guys over theirs."

  Fort Myer, VA

  "Prepare to deploy?" asked Lieutenant Colonel Michael Gregory incredulously as soon as the voice of the NORTCOM Deputy Commander stopped.

  The commander of the 4th Battalion, Third Infantry Regiment was used to his unit being called forth for ceremonial occasions and disaster relief. Never had he, in all of his years of training and military service, expected to be ordered to march his men into the centre of Washington, DC.

  "You heard me, Colonel," said the Lieutenant General who was the deputy Commander of the Northern Command, "the 4th Battalion is ordered to draw live ammunition and fuel up all vehicles as well as to begin making operati
onal plans for a pacification mission that will take place in its area of operations."

  "Yes General," said Colonel Gregory after a pause.

  "Do not begin any further operations until you receive further orders to proceed," added the General.

  "Yes sir," said the Colonel robotically. The General then hung up the phone and the Colonel set the handset back down upon the receiver.

  "It's what we were afraid of," he said, turning to face Sam Wilkinson, the Captain in command of Alpha Company and his favorite junior officer, "exactly what the rumor mill said was coming down the line."

  "The men won't like it," said Wilkinson. "Fuck: I don't like it."

  "Neither do I," said Gregory sadly.

  "What do we do?" asked Wilkinson.

  "Do? We do our fucking jobs. That's what we do," shot back the Colonel. He could see that Wilkinson was taken aback by that, so he softened his tone.

  "Sam," he said, "this might be a hard week. For you. For me too. Not only for the men and women in the battalion, but for the country. They can't see you waver, or they'll waver too. We need to stay strong and trust that this will all work out in the end."

  "Jesus, Colonel," said Wilkinson, "they're going to order us to march into Washington to arrest members of the Congress. This is fucking crazy."

  "We just have to trust in the ability of the system to correct itself. We have our duty."

  "And if the system can't correct itself: what then?"

  The Oval Office, The White House

  "Mr. President," said General Hall as soon as he was admitted to the Oval Office, "I must tell you that I have the gravest possible reservations about this process. I am not a lawyer or a politician, so I won't pretend that I'm in a position to judge either the legal or the political aspects of this. But – from a military point of view – this is a potential disaster."

  "General," said the President, rising from his seat, "I understand your concerns and I have considered them already. But we must do what we must do. The law must be executed."

  "Yes, Mr. President," replied Hall, "we have all taken oaths to the Constitution and to the law... But on a practical level, Mr. President..."