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by Murphy, Peter


  ‘The grounds for impeachment are stated in the Constitution,’ he began. ‘Article Two, section Four, says any officer of the United States, which would include the President, can be impeached for certain offences, namely treason, bribery, and what it calls ‘high crimes and misdemeanors’. That’s kind of vague, obviously, and I’ll get back to that in a moment. The procedure of impeachment requires two things: first, a formal act of impeachment, an indictment if you will, by the House; and, second, a trial in the Senate. In most cases of impeachment, the Vice President presides at the trial, but for obvious reasons, in the case of impeachment of the President, the Vice President has a conflict, so the Chief Justice of the United States presides in her place. So you’re off the hook for this one, Madam Vice President.’

  Ellen smiled thinly. ‘Thank God for that. I thought I was going to have to preside for a federal judge last year. I wasn’t looking forward to it.’

  ‘I remember,’ Monahan replied. ‘I thought I was going to have to defend him. I’m sure we’re both glad that one went away.’

  ‘Amen to that,’ Ellen said.

  ‘The impeachment cannot succeed without a two-thirds vote of the Senate, so they need sixty-seven votes. I’m sure you knew that, Mr. President, but it’s important to emphasize it because, realistically, it’s your strongest point. They can’t impeach you without significant support from senators from your own party. I’m sure you’ve already given some thought to that.’

  ‘Absolutely,’ Wade replied. ‘I have people manning the phones already, making preliminary calls. I’ll follow up later myself, unless you think that would be unwise, you know, that it wouldn’t look good. Frankly, I think I need to call on them all personally.’

  ‘I agree,’ Monahan said. ‘I would encourage it. Don’t think of this as a normal trial, Mr. President. You’re not dealing with a jury here. There’s nothing wrong with trying to influence the outcome. In fact, that’s the whole idea. This is a political process, and it’s expected that both sides will use whatever political influence they have. You can bet your bottom dollar the House managers will be doing whatever they can to get the votes against you. You need to do whatever it takes to line up the votes on your side.’

  ‘I hear you,’ Wade replied.

  ‘Ed, how long is this going to take?’ Ellen Trevathan asked.

  ‘Hard to say,’ Monahan replied.

  ‘I guess that would depend on the number of witnesses they call, and the number of witnesses we call,’ Wade said.

  ‘They may not call witnesses,’ Monahan said. ‘In the Clinton impeachment, there was a vote on that question, and the Senate decided not to call them.’

  ‘Yes, that’s right,’ Ellen said. ‘They relied on records from other sources, the Grand Jury proceedings, and so on.’

  ‘Right,’ Monahan said. ‘They got a little squeamish about hearing all about the stained blue dress and the cigars in the little corridor …’

  He paused, slightly embarrassed.

  ‘That’s right,’ Wade grinned. ‘It’s just through there. That’s where history was made. We’re thinking of adding it to the tour. And, for the record, I have never taken a woman in there, or done anything with a cigar.’

  Monahan returned the grin.

  ‘I’m relieved to hear that, Mr. President. Anyway, the point is, they could do the same here, dispense with witnesses and rely on the record of the hearings in the House Intelligence Committee. But in the Clinton case, they did set time limits. They gave both sides twenty-four hours to present a case, which came out as three working days each side. Plus, the senators had sixteen hours to ask questions and participate any way they wished. So we’re not talking about a long time.’

  ‘Well, we want to call witnesses, don’t we?’ Wade asked.

  Monahan shook his head.

  ‘It’s too early to say, Mr. President. First, we need to look at the articles of impeachment, see what they say. Then we need to review the House Intelligence Committee record. I’ve started on that, but it’s going to take me a while longer. If you have any ideas on potential witnesses, please let me know. So far, I haven’t had any inspiration.’

  ‘Let’s get back to this question of what constitutes a high crime or misdemeanor,’ Ellen Trevathan said. ‘Look, the treason thing is dead in the water, isn’t it?’

  ‘Yes,’ Monahan said. ‘They don’t have more than a handful of votes in the House for treason. George Stanley has been pushing it, but nobody’s really buying it. So, as far I can see, all they have is one article charging a high crime or misdemeanor. It seems to have come down to a single article of impeachment. When I left my office to come over here, they were still debating the final wording, but it seemed like they were pretty close. I’m sure they’ve voted on it by now.’

  ‘And a high crime means…?’

  ‘It means whatever the Senate wants it to mean,’ Monahan said. ‘It has to be some kind of serious misconduct while in office, or an abuse of power. In Clinton’s case, it all came down to allegations of perjury before the Grand Jury and obstruction of justice. Obviously, these would have been crimes that could have been tried in the courts, but the House seized on them as high crimes and misdemeanors. I’m not sure they even have to show that the President’s conduct was criminal in the sense we understand that term in the courts. That’s part of the problem. It’s all so vague. Everything means what the Senate wants it to mean.’

  Wade stood and thumped the top of his desk angrily.

  ‘It’s outrageous,’ he shouted. ‘What happened to the rule of law? How can they just assassinate me like this. No proof beyond reasonable doubt, no rules of evidence. Jesus Christ, it’s like some kind of kangaroo court.’

  ‘Steve, you’ve got the Australian Ambassador coming to dinner this evening, among others,’ Ellen said. ‘You might want to find a different way of saying that.’

  Wade smiled reluctantly, and resumed his seat, a little calmer.

  ‘And,’ Ellen continued, ‘there is one comforting fact. So far, we’ve never had a President who has been successfully impeached. They didn’t come close with Clinton, did they?’

  ‘No, they didn’t, Madam Vice President,’ Ed Monahan replied. ‘The closest they came was with Andrew Johnson. They only missed him by one vote. But that was back in 1868, and the issues were very different. I didn’t find anything useful there. Clinton is a better example. They charged him with some pretty serious stuff, but they still couldn’t lay a glove on him.’

  ‘Clinton was a popular President,’ Steve Wade said. ‘So am I. That’s our best point. Our good friends in the Senate are answerable to their constituents. I don’t think the people will let them impeach me.’

  No one replied to this remark. During the ensuing silence, Steffie Walinsky knocked and entered the Oval Office.

  ‘It’s time, Mr. President,’ she said, and withdrew immediately.

  Monahan looked up inquiringly.

  ‘I asked Steffie to let us know when they delivered the articles of impeachment to the Senate,’ Wade explained. ‘Apparently, you were right. They’ve made up their minds. Needless to say, the whole thing is being carried live on the networks for the edification of the American people. I thought we should watch the show.’

  Martha Graylor stood, walked over to a television set which had been wheeled in on a trolley for the occasion, and switched it on. They were just in time. To the soft tones of Conrad Beckers’ commentary, the camera followed the House case managers, led by Gerry Parkinson, as they processed into the entrance to the Senate. They were received by the Sergeant-at-Arms, who was standing in front of a battery of cameras and microphones. With a show of pomp, Parkinson solemnly handed the Officer the black file he had been carrying, as George Stanley, Helen de Vries, and the other case managers looked on self-importantly.

  ‘I have the honor, Sir,’ Parkinson said, ‘on behalf of the House of Representatives, to present to the Senate an article of impeachment against Steven Marion Wade,
Junior, President of the United States. The article charges that he, Steven Marion Wade, Junior, while President of the United States, corruptly accepted inducements from a hostile foreign power in return for exercising the foreign policy of the United States in a manner which directly compromised the national security of the United States.’

  The Sergeant-at-Arms accepted the file without comment. The two men shook hands, and the case managers made their way back towards the House of Representatives.

  Conrad Beckers appeared on camera, microphone in hand.

  ‘So there you have it,’ Beckers intoned solemnly. ‘A rare moment in our country’s history. The article of impeachment has been duly delivered to the Senate, which must now set a date for the trial, in a proceeding of the gravest possible kind, a mercifully rare event, which has only happened twice before in our history. We understand that the House case managers are about to give a press conference, probably outside, on the steps of the Capitol, and of course, we will bring you that conference live as it happens. At six this evening, on the news program, I will have a panel of experts in the studio to comment on the legal issues surrounding the impeachment. But, for now, I am going to make my way to the Capitol steps.’

  Beckers turned, and walked away from the camera.

  Wade gestured to Martha Graylor, who turned the television off.

  ‘How’s the press release coming?’ he asked her.

  ‘I was just waiting for confirmation of the text,’ she replied. ‘Parkinson’s office promised to messenger over a complete copy of the file once it had been delivered to the Senate. We’ll have it ready to go soon.’

  ‘Thank you, Martha,’ Wade said.

  ‘So, if you’ll excuse me…’

  ‘Of course.’

  Martha left hurriedly.

  Wade turned back to Ed Monahan.

  ‘So, what in the hell does that mean?’

  Monahan shrugged.

  ‘It sounds like they decided to go with Mary Sullivan’s theory. Nameless Lebanese influence, some right-wing group in Oregon, you being held to ransom because of your involvement with Lucia Benoni, threat to national security. I’m not sure it makes much sense, but we’ll just have to see what they’ve got. As I said before, Mr. President, the vital thing is to make sure of your political support in the Senate. My role is to go back to my office and get myself ready for trial. Try not to worry too much. I know that’s easy for me to say, but…’

  Wade smiled. A smile which Ellen Trevathan would never forget, a smile which struck her at the time, for reasons she could not have begun to explain, as one of the most sinister she had ever seen.

  ‘I won’t worry too much, Ed,’ Wade said. ‘You see, I’m very popular with the people. Very popular indeed. There’s nothing to worry about. There’s always a way out. You just have to know the escape routes.’

  He laughed to himself, before standing and leaving the room.

  PART III

  ENDGAME

  38

  ‘WE’RE VERY serious,’ Dick Latham insisted.

  General Raul Gutierrez shook his head in disbelief. Had he just heard the Chairman of the Joint Chiefs talk about something called the Williamsburg Doctrine, according to which the Military could interfere with the succession to the Presidency of the United States? Had he just heard the Attorney-General confirm that it was not a joke? Surely he was having a dream, or a nightmare – or an hallucination?

  ‘So, you’re saying the Joint Chiefs get to decide who becomes President?’

  ‘That’s not necessarily the case,’ Latham said. ‘The Doctrine suggests only that some action could be taken in one of the circumstances identified at the 1965 meeting, in which the Vice President might be considered unreliable.’

  ‘Right. And what ‘circumstances’ did they identify back in 1965, Mr. Latham?’

  ‘As General Terrell said, the only circumstance which remains relevant to the discussion today is whether the Vice President is unduly left-wing or radical,’ Latham replied stiffly.

  Gutierrez shook his head. ‘They said the President couldn’t be a woman, didn’t they? That’s what this is about.’

  ‘It is not about that,’ Latham insisted.

  ‘Did they or did they not say that in 1965?’ Gutierrez persisted.

  ‘Yes, they did,’ Latham admitted. ‘But…’

  ‘I knew it.’

  Latham thumped the table in frustration. ‘Nobody thinks that way now. How could you, for God’s sake? With women like Hillary Clinton and Condoleezza Rice in positions of power the way they have been?’

  ‘That doesn’t mean a damn thing, and you know it,’ Gutierrez said. ‘What else did they say in 1965? Did they also say the Vice President couldn’t be a person of color? Would that make the Vice President unreliable?’

  Latham turned his head away from Gutierrez with a muttered expletive. General Terrell held up a calming hand.

  ‘Well, we’ve had a black president,’ he said. ‘Barack Obama served as our President, and I never heard any senior military personnel question his fitness to be Commander-in-Chief. Please remember, General Gutierrez, that this was 1965. There was a lot of paranoia involved due to the Cold War and, frankly, due to some social attitudes that many of us thought belonged in the Dark Ages. They did and said a lot of things we wouldn’t do or say today.’

  ‘Then why are we having a meeting today?’ Gutierrez asked. ‘If we wouldn’t do it today, why is any of this relevant? It’s because the Vice President is a woman, isn’t it? Isn’t that what you’re talking about? Jesus Christ. I don’t believe I’m hearing this.’

  General Hessler had been shifting in his seat, listening to the discussion with growing impatience. ‘Ellen Trevathan is not only a woman,’ he broke in, almost savagely. ‘She’s a radical left-winger. That’s why it’s relevant.’

  Gutierrez laughed incredulously. ‘Ellen Trevathan, radical? Left-wing? You must be joking.’

  ‘You don’t think so?’

  ‘Next to Genghis Khan, she’s left-wing, maybe. Not in any real-world scenario.’

  ‘Well, that’s your opinion,’ Hessler muttered.

  Latham held up his hands. ‘May I suggest we look at the evidence?’ he pleaded. ‘You’ll find the text of the original Williamsburg Resolution behind tab two in your folders, but we don’t need to review that right now. Can I ask you to turn to tab three?’

  Those around the table complied with little apparent enthusiasm. Latham began to run through the materials he had carefully selected for inclusion in the folders.

  ‘Ellen Louise Trevathan, born 7 February 1949, Erie, Pennsylvania. Father was Edwin Trevathan, a lifelong railroad man and union organizer who became Treasurer of the Amalgamated Brotherhood of Railroad Engineers. Suspected of communist sympathies, brief involvement with the House Unamerican Activities Committee, which came to nothing…’ Seeing Gutierrez about to react, he continued quickly. ‘Again, that may have been of interest in 1965, maybe not today. Mother was Annie Gibb Trevathan, high-school teacher, political sympathies, if any, unknown.’

  He paused for a sip of water. ‘Over the page, please. Ellen’s résumé. She is educated locally, wins a scholarship to Penn State, double major in political science and history. Brilliant grades. On to a masters followed by a doctorate in political science at Yale. Assistant professor of political science, George Mason University, appointed 1977, rises rapidly through the ranks to full professor. Later enters political life, which we can pass over for the moment. Tab four, please. Now we come to the point.’

  ‘About time,’ Gutierrez said quietly.

  ‘May 1964,’ Latham continued, pointedly ignoring the Air Force Chief. ‘A conference is held in Belgrade, Yugoslavia. The Conference of Heads of State and Governments of Non-Aligned Countries. The conference concludes with a Declaration calling for more effective cooperation on international problems with a view to contributing to international peace and security and peaceful relations between peoples. Marshall Tito, Head
of the State of Yugoslavia at the time, is trying to promote his image as an international statesman, and invites some young people of school and college age from different countries to attend the conference as observers. The proceedings have an annex with a list of names. The sole American representative is named as a fifteen-year-old Ellen Louise Trevathan, of Erie, Pennsylvania.’

  Gutierrez shrugged. ‘So?’

  ‘In case you forgot, General,’ Hessler said. ‘Yugoslavia was behind the Iron Curtain.’

  ‘Ancient history,’ Gutierrez replied. ‘And I assume the State Department must have approved her application for a visa at the time. In any case, Tito was no communist, and he never bought into Soviet doctrine. He was far more interested in playing us and the Russians against each other and hitting us both up for money.’

  ‘Possibly so,’ Latham conceded. ‘But the declaration issued by the conference is of concern. Take a moment to read the summary provided by my staff, please. Not only does it call for total disarmament in the field of nuclear, biological and chemical weapons. It also calls for the abolition of weapons and military capabilities generally. In short, it’s a call for pacifism.’

  Latham waited for those around the table to digest the summary.

  ‘She was fifteen.’ Gutierrez said.

  ‘Turn the page, she’s all over the Vietnam War protests,’ Latham said. ‘Surveillance shows her at various marches and demonstrations, though she seems to have avoided arrest. Over the page again, please. Fast-forward to September 1967. International Youth Conference for Peace and Disarmament, held in Florence, Italy. Guess what was on the agenda there? Once again, among the delegates was one Ellen Louise Trevathan, now a little over eighteen years of age. You will note one or two other conferences of a similar kind. I could go on, but I’m sure you get the point.’

  Latham looked around in an effort to confirm his assumption, but his audience seemed absorbed in flicking through the documents.

  ‘Tab five, please. This is extracted from her résumé. A list of academic writings by the Vice President in various journals over the years, published both here and abroad. My staff have been through them in detail, and you will find summaries of each article. I think it’s fair to say they show a consistent pattern of anti-militarism, and criticism of American foreign policy as being, in effect, colonial and based on the use of unequal force. I’m going to give you a few minutes to look through this material.’

 

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