The Deserter

by David Nash

  “On Earth, we have the concept of attorney client privilege, a person’s lawyer cannot discuss they learn from their client, and that allows them to work on their behalf. Maybe I can get a lawyer to pay my required mass payments.”

  “Captain, this is an intriguing concept. However, finding someone that could act as your attorney could be difficult.”

  “I was thinking that when we test drive your new ship body we could head to Earth and ask Aegeus. Do you think you could find him without alerting any Barkun in the area?”

  “Captain, that is possible, but I must warn you, if the Barkun discover you and they judge that you were attempting to give Earth technology they will sentence Earth for violation of the law. Based on your actions in filling shuttle 2’s hold with replicators I would not overturn their ruling.”

  “Well Marvin, I just have to ensure I follow the rules.”

  Or not get caught. I think I am going to focus on not getting caught.

  It took me a few days to get the Ships loaded and make my final preparations. Marvin has downloaded himself into a humanoid robot. He doesn’t understand why I asked him to make it gold but every time I look at him I chuckle a little. Once in orbit I had Marvin send over the jump calculations for Shuttle 1 and I jumped to Earth with my little droid following close behind in Shuttle 2.

  We arrived cloaked, and I had Marvin scan for any Barkun ships. I repeated the process on my shuttle because Dad always said, “You can trust but always verify.”

  I wanted to off-load my galactic village construction set on the Moon but Marvin not only vetoed that, he threatened to report it as a violation. He said the Moon was considered Earth territory. We compromised on Mars. I was able to convince him that seeing how much equipment he could run simultaneously was a great way to test his new capabilities. With two ships and my space backhoe we quickly build a tiny replica of our base. We only built a hangar large enough for both ships and a standard Sagren saucer, and a small bunk room with life support and a replicator.

  My real reason was that if I could build a small base and sneak a few expatriates off earth, I could leave a shuttle with the programmed non-kernel jump data. Then, we could have yearly resupplies of personnel to my base without every having to use Marvin. As long as they ‘volunteered’ and renounced citizenship before I gave them any information I was ready to argue that we didn’t break any laws.

  Anyway, once we got a small base, really just a hangar, a bunk room, and a combined replicator-power generation room on Mars I had Marvin scan for Aegeus’s ship. I convinced him that the easiest way to quickly find him was for Shuttle 2 stay on Mars and I would take shuttle 1 to Earth. Marvin sounded unconvinced in my assertion that I was taking the mass to pay for a lawyer in the event I could not contact Aegeus. However, since it contained no technology he didn’t threaten to snitch on me.

  Whenever I think about how we got started I smile at the thought that my entire plan, the part Marvin thought was a lie was the only part of my plan that I was telling the complete truth about. So much for Kernels being intellectually superior to humans.

  As soon as I left Mars, I put my ship at the highest level of cloak I could and still beat feet planet side. While Marvin said he would communicate with me if he found Aegeus I really did not care too much if he did or not. I did need a lawyer, but just not an alien one.

  Partly out of a weird sense of nostalgia, I landed at the wood line in the same field I saw my first space ship. Before I got off the ship I placed a kilo-bar of gold in my go-bag and ensured my Glock had a round chambered. As I left, I fully cloaked the ship and hoped I still looked Marine enough for some Devil Dog to pick me up and drive me into town.

  My short haircut and faded surplus molle pack did the trick, a middle aged Marine pulled over and gave me a ride about a mile down the highway from my parking spot. He asked if I needed to go to base, but I told him one of those ‘buy here, pay here’ places sold me a lemon and I needed a ride to the meanest lawyer in town. The old gunny laughed and said that would have to be his ex-wife’s attorney. He said he would drop me off even though he got sick at the thought of him helping the jerk make any more money.

  Jacksonville North Carolina has its share of shyster lawyers, but this office seemed a little more on the legitimate side. At least it wasn’t in a strip mall, and it was doing enough business to have at least two billboards that we passed on the drive into town.

  The receptionist was a pretty little brunette. She looked to be in her early 20’s and she had the faint tan line on her ring finger that indicated she has used the services of her boss at least once. I smiled at her and asked to see an attorney about a criminal matter.

  Her smile faded for a second so I assured her it was a misunderstanding, but that, it was very urgent nonetheless. The smile returned, but not all the way to her eyes, as she gave me a clipboard and asked me to have a seat.

  As you can imagine, I did not fill anything out on the clipboard. A fugitive from justice isn’t going to write down their address, but after an hour and a half I was called it to see Adam R. Sabol Attorney at Law. We went into a small conference room; shook hands and Mr. Sabol asked me how he could be of assistance.

  “Sir, I need an attorney that I can keep on retainer to deal with certain criminal charges as well as a rather large personal estate and somewhat international relations.”

  He did not think I was serious.

  “Sir, this is a small firm, we normally handle divorces, misdemeanor crimes, and the occasional military AWOL case. I doubt we would be able to handle international matters and we are net set up to handle estates.”

  “I understand totally, I am out of my depth myself, however, time is of the essence, and I need an agent that I can trust to be 100% discrete. I have come into some money, and I assure you I can pay a retainer large enough so that you may hire any help you need to service our arrangement.”

  I could tell he did not believe me. That changed when I dropped the gold ingot on his desk and asked how many of these would your need to serve as a retainer. As his obvious greed became evident his manner toward me became more accommodating.

  “Sir, you must realize that I do not deal with any stolen property, nor can I help facilitate any crimes. Secondly, any payment of bullion must be verified. I wouldn’t want to take a bar of lead coated in paint.” He said.

  I replied, “I need an agent to perform duties for me while I am out of the country, I assure you nothing is illegal. Actually, I need a lawyer to help advise me so I stay completely within all applicable law. I am willing to go with you right now to anyplace you desire to check the purity of this bar. I assure you it is 100% pure. I also assure you have many more in my possession. Let’s just say I have a gold mine and need to protect it.”

  He protested a little more for form, but I knew I had him when he touched the bar. He told his secretary he would be taking the afternoon, and we drove to a local jewelry store that catered more to the officer class than the typical drunk private pawning a gold chain for some beer money.

  The jeweler was amazed; he said he had never seen a bar of pure gold. Normally ingots have some small level of impurity, he couldn’t understand how mine showed none. He asked me where I got it. We left.

  As soon as I had a contract assigning Mr. Sabol as my attorney of record and I had his assurances our conversation was privileged I gave him directions to the trailer. When he asked where we are going, I said,“You would not believe me if I told you, I am just going to have to show you.”

  When I uncloaked the ship, Sabol nearly panicked. I imagine he assumed I was an alien or something. I had to scare him a little to get him to calm down.

  “Sabol, did you sign an agreement to be my attorney? Did you take my money?”

  “Yes, but I had no idea….” I cut him off

  “Can you imagine how serious this is? I have access to unlimited amounts of gold and other precious metals and a space ship. In your haste to see the money, do you realize you nev
er got my name or told anyone where you are going? I suggest you calm down and listen.”

  That shut him up. I got him into the ship, and took him into space.

  “I don’t have time to repeat any of this, and you can’t take notes. You must understand that if you violate our agreement and tell anyone what I am telling you the consequences of that act will result in global extermination of the planet Earth. Do you understand?”

  The panicked look came back, but to his credit, my attorney took a breath and tried to hide it. I totally understand how he was feeling.

  “I am not an alien, I am as human as you are, but about 5 years ago I thought I was breaking up a bar fight out behind the Gold Lounge. Turns out I was interfering with two alien species. My actions broke intergalactic law and the planet was to be destroyed because of my actions. My only recourse was to become a deserter from the Marine Corps and leave the planet. I am now a fugitive from justice and under an intergalactic death sentence as well as whatever the USMC wants to do about me skipping out of my deployment.

  What makes it worse is the species hunting me have a plan to conquer earth and are using that same galactic law to do it. Space is ruled by a Confederation who only have one punishment, the death penalty. There is some leeway on if the punishment is individual or species wide.

  Any species giving technology to Earth dooms their home planet as well as ours. As long as humans remain primitive Earth is protected. I cannot give any tech I have to Earth either without triggering earth receiving a death penalty. However, as a human, I need to ensure Earth can fight the second it loses its protected status.

  I have the capability to build starships, what I need are men to fly them.”

  “Do you understand what I just said?”

  “Yes, but I have questions.”

  “I know, so did I. However, you now know more than I did when I had to make my choice. Are you willing to help save Earth?”

  “Do I have a choice?”

  “You always have a choice, but only one will allow me to take you back to Earth.”

  “Look, my ship is already questioning the legality of what I am doing, and has been pestering me via an implanted communications device from the time I gave you the gold bar. He can see and hear everything I do, and he is a Confederation snitch, so let’s get down to the details of what I need you to do as my attorney of record as it relates to staying within the boundaries of Confederation law.”

  I take him to the container in the cargo bay, and open the door.

  “I am going to leave you in possession of nearly 26 tons of 100% pure gold and a ton of iridium. If you are not careful how you convert this to cash you will have to answer questions you can’t answer.

  What I need you to do it to create an organization that allows me to convert virtually unlimited amounts of precious elements into cash. Use that cash to primarily pay taxes. We must be totally within all applicable law. Next, I want you to purchase control of as many technology companies as possible. I am not interested in profits. Long term we will need control to build weapons and hide their origin.

  Most importantly I need people. Fighters specifically, mostly those with naval command experience and fighter pilot types, but also infantrymen as well. Not just grunts though, I also need cutting edge computer programmers and scientists as well. I don’t care if they are men or women. In a perfect world we would have a mix that would allow colonization of a new planet.

  They all must renounce citizenship to their countries and Earth as well. Most importantly, they all must be willing to never return to earth. Basically they will all be sentenced to death if caught and we cannot afford our actions to doom Earth.

  You have to do this with airtight security. The aliens I am hiding from have agents on Earth and have the capability to destroy the planet within minutes if they discover our plot. There are cloaked ships with that capability right now in our solar system.

  Lastly, We cannot be in any communication, If I give you the ability to contact me the technology will trigger punishment. I will come back to this location on the winter solstice. Have enough people to fill this ship and another like it as well as a report on what you have done and I will take care of the rest.”

  “How will I get anyone to listen? Especially without telling them what is going on?”

  “You’re a lawyer, figure it out. But I can tell you the night I left my DNA and the DNA of two alien species was left the fight scene behind the Gold Lounge bar. Additional DNA was found in my jeep that I left where I showed you my ship. Inside the glove box I left a note saying I deserted and would contact the Marines with my reasons if I could but it was related to the DNA. I bet if you found the right person someone is looking for me. My name is Sergeant William Tell Davis, and I will leave you with a sample of my DNA. I warn you, tell the wrong person and being held in the basement of some bunker at Area 51 will be the least of your worries.”

  With that I took him back down to Earth and cut my hand enough to bleed into a handkerchief to leave as a DNA sample.

  “One last thing.”

  “Yes”

  “When I come back, have a bottle of Jack Daniels, some steaks, and as much different fast food as you can think of. I would kill for a good burger and some steak fries.”

  I used the tractor beam to deposit the container. I sure hope he works fast. While him screwing me over is a possibility, fear is a great motivator. While I don’t like being the heavy, dear old dad made me read the Prince and I know that it is safer to be feared than loved. Machiavelli said,“fear preserves you by a dread of punishment which never fails.” I know this for a fact. I have been scared for years now.

  10

  Marvin is a little annoying. To be fair, if we haven’t been alone together every waking moment for the past 5 years he probably would not be so bad. But I can never allow myself to forget that it is his kind that made the law that has damned my entire species. I have to make nice but trying to outsmart a computer that is infinitely smarter than me is draining.

  I know he is suspicious; I can’t help but know. He has been listening in the entire time. I can’t keep him from listening. So he now knows my plan. He doesn’t like it either. The tone he is using reminds me of my first wife when she found out I was divorcing her. I just hope I was careful enough in my wording to avoid another conviction.

  “Marvin, have you found Aegeus?”

  “I have Captain, but you are playing a dangerous game. I demand to know what your plans are as they are not what you have previously stated.”

  “Marvin, I am your Captain. Is it within Confederation rules for a Kernel to demand information from its Captain? It is my understanding that you can judge and report on my actions, but unless I am breaking Confederation law you must follow all of my directives. Is this true?”

  Silence

  “Captain, for the purposes of judgment, describe how your actions were not a violation of Confederation law.”

  Time to pull on the hip boots, because I was about to throw out the manure. I just hope none of it hits the fan.

  “Kernel, I understand ignorance of the law is no defense, so I have studied the law to the best of my abilities. However, as a human, I have cultural and educational deficiencies that require additional explanation of the finer points of the law. Did I often query you to enhance my understanding of Confederation law? Please answer in a simple yes or no.”

  “Yes”

  “In your study of Earth, have you come across the common law concept of precedent and that judges interpret the law and then make decisions based on those interpretations? Furthermore, are you, as a Kernel a judge?”

  “Yes Captain, I do have the capability to judge violations of Confederation law.”

  “First, I was told I could not give Earth any technology or help them gain technology. I left a standard shipping container. It has no markings and is identical to ones created on earth. Besides that, I only left solid mass in the form of elements already known an
d mined on earth. Is this correct?”

  “Yes, you may be functionally correct. However, you did leave information with a human. Information leads to technology. Is that correct?”

  My sentient robot is giving me lip. I can’t allow him to question my command or all is lost.

  “Kernel, Did I specifically ask you about the legality of hiring an attorney to represent me? Do you recall that you and I clearly discussed the concept of legal privilege? Please note that the information I disclosed to my attorney cannot lead to technology transfer because my attorney is legally bound not to disclose it.

  In your monitoring of my conversations with my attorney, which by the way is against Earth law, I specifically and primarily stated the mass was to be used to pay taxes before anything else and that he must at all times stay with legal boundaries. I also verified any information shared to be bound by such privilege. Is this all correct?”

  “Captain, while it is all technically correct, there is the matter of intent. You intentionally manipulated me in order to conspire to contact earth.”

  “Kernel, are you saying that a simple human without any higher level education was able to out think the most intelligent life form in the galaxy? I do not think that is the case at all. A guilty judgment would lead to only two conclusions. Either your processing ability is faulty, or Earth is more advanced that the Confederation believes. I think either of those are incorrect assumptions. A simpler solution is that no crime was committed.”

  Silence.

  I think I went too far, but I see a glimmer or an idea. Before Marvin can speak I throw my foot up. I hope it does not land in my mouth.

  “Marvin, before you pass judgment, I need to ask a clarifying question. I think it is vital to adhering to the law.”

  “I am listening Captain”

  “In your role as Judge, does Confederation allow you any latitude in your judgments outside of pure guilt or innocence?”

  “Captain, I calculate you are trying to manipulate the situation. I warn you of the consequences.”