A State of Treason

by David Thomas Roberts

  “Both,” said Cooper stoically.

  “What right do you have to take over U.S. military bases?” asked a reporter from MSNBC.

  “Our takeover of those bases was in response to an armed incursion by federal troops into a sovereign Texas.”

  “You mean Texas, a state in the union?”

  “No, I mean a sovereign Texas. The fact that we are a state at this current point in our history does not mean this administration can trample the U.S. Constitution and trample our sovereignty.”

  “Are you going to argue that the Supremacy Clause in the Constitution does not give the federal government jurisdiction over Texas when certain laws between the state and federal government conflict?” pressed the MSNBC reporter.

  “Son, are you going to sit there and tell me that the Supremacy Clause gives this administration the power to hold Texans without due process? To invade their homes? To violate their right of privacy? I believe you need to go back and read the Bill of Rights, son. Next question.”

  “What will you do, Governor, if the administration sends in troops?” asked a reporter normally stationed in Washington, D.C.

  “That would be a grave mistake and miscalculation,” Cooper said patiently.

  “Are you saying Texas would respond militarily?”

  “I’m not going to state our options, but I can tell you all options are on the table.”

  “So you would respond militarily?”

  “Ma’am,” said Cooper. “I’m not going to offer conjecture nor am I going to state our intent in that event. I will state that I sincerely hope this administration does not elect to take up arms again against its own citizens as they did a few weeks ago in Austin.”

  From a CBS reporter, “Governor, why does Texas want its gold back? Is it to have a gold-backed currency in the event Texas secedes?”

  “We want our gold back because it belongs to Texas. Period. Next question.”

  “It’s obvious the administration is trying to put the squeeze on Texas with blockades, federal payment suspensions, road closures and Internet interruptions. How long can you go before conditions get so bad for Texans that you must consider surrendering for the good of your citizens?”

  “That’s obviously the president’s intent. We’ll make that decision when Texans tell me that’s what they want me to do. Right now, they are overwhelmingly in favor of the stance we have taken. If you need evidence of that, look at the recent Independence referendum where 68 percent voted in favor.”

  “Well, sir, that was a non-binding resolution before these sanctions were in place,” said the reporter. “If these were to go on for six or eight weeks or longer, don’t you think that support would fade?”

  “I think you would need to ask your average Texan that question. Texans are a fairly resolute bunch and have been throughout our history. They feel like they have been wronged by this administration and that the government has essentially abandoned the U.S. Constitution. If they want me to take another course, they will tell me.”

  Another of the media asked, “Do you have anything you would like to say to President Johnson?”

  “No, but I do have something to say to the U.S. Congress and that is to do your damned job,” barked the governor. “You have an executive branch that is out of control. Appoint independent prosecutors and let’s get this resolved.”

  “You have nothing to say to the president directly?” the reporter persisted, failing to notice the governor’s change of temper.

  “Okay, yes, since you insist,” Cooper said. “Mr. President, spend some quiet time reading the United States Constitution. Then, after you have read it, give it to your staff to read and have someone administer a test on it to you and your administration.”

  “Governor, are you mocking the president of the United States?”

  “No, but he’s mocking our founding fathers with his actions.”

  “Will you pursue secession if this isn’t resolved?”

  Cooper stared down the questioner. “I can’t answer that at this time. Our preference would be for this president to take the actions we outlined.”

  “But 68 percent of Texans voted for secession in the resolution referendum, right?”

  “I’m aware of that. Texans are mad right now. I dare say that, if this crisis continues, that 68 percent number will grow.”

  “So you’re saying Texas could be headed toward secession if the administration does not back off?”

  “No, I’m saying all options are on the table.”

  “Including secession?”

  “That would be up to Texans,” said the governor.

  “Wouldn’t that also be up to the United States?”

  “I’m not going to get into that argument with you.”

  “But, sir, don’t you believe the rest of the U.S. has any say in the matter of Texas deciding to secede?”

  “Ma’am, what I do know is that we have sent blood and treasure to all corners of the globe to spread democracy, to help countries win their independence from dictators and tyranny,” Cooper said wearily. “Wouldn’t it be a little hypocritical for any American to deny a state its independence if its population wanted it?”

  “Wasn’t that issue settled in 1860?”

  “No, the Civil War started in 1860. Different time in history, different circumstances.”

  “But the Supreme Court ruled in Texas vs. White.…

  “Ma’am, there are constitutional scholars who can argue the validity of that court case until the cows come home. I will say that ruling was made with a full re-constructionist court appointed by President Lincoln. I’ll leave it to you and the scholars to make your own interpretations.”

  Another reporter shouted, “But that’s the Supreme Court and their rulings are final!”

  “Oh, really?” Cooper grinned at the reporter. “I guess you’re not familiar with the Dred Scott decision. The Supreme Court is not infallible, sir. It took the Thirteenth Amendment to fix that Supreme Court decision.” Cooper was referring to the court decision that blacks could not be citizens, fixed only by the amendment that ended slavery.

  “Folks, that’s all I have for today. Thank you for coming. God bless Texas.”

  Chapter 8

  “The marvel of all history is the patience with which men and women submit to burdens unnecessarily laid upon them by their governments.”

  ~ George Washington

  American Revolution Hero, Founding Father

  1st President of the United States

  Gene Foster’s cell phone rang shortly after eight a.m. He glanced at it, then picked it up immediately when he saw it was from Sen. Simpson.

  “Good morning, Senator,” he said.

  “Hello, Lieutenant Governor.”

  “Senator, we missed you at our meeting here a few days ago.”

  “Gene, I’ve had a meeting with Secy. Bartlett and I have some interesting proposals to share with the governor.”

  “From the administration?”

  Simpson paused. “Well, yes, but not directly. Bartlett thinks she can broker an end to the crisis. I need to float some ideas by the governor.”

  “I’m sure the governor will be interested in hearing what you have to say. When did you talk to Bartlett?”

  “I’ve had two meetings with her.”

  “Well, Senator, I trust you presented our positions clearly.”

  “I believe I did. Can we tee up a call with the governor?”

  “Give me a few minutes to put together a secure call. I’ll call you back after I’ve reached the governor to give you the access information.”

  Thirty minutes later, the governor, senator, lieutenant governor, and attorney general were on a secure conference bridge.

  “Governor, thank you for jumping on this call on short notice. I’ll get right to the point. Bartlett has reached out to me to help broker a solution to the situation.”

  “No offense, Senator, but why you and why now?” asked Foster

/>   “I really don’t know, except that I’m accessible,” said Simpson, who had returned to Washington after the meeting with Cooper and other congressmen at the capitol in Austin.

  “Okay, Simpson, what’s the proposal?” Cooper asked sharply. The governor had a penchant for getting directly to the point and purposely didn’t address Simpson by his title.

  “Here it is,” said the senator. “Release the incarcerated federal agents, restore the military bases to federal control and turn the oil and gas pipelines back on. In return, they will drop any charges against you, state officials and Pops Younger, and they’ll restore all banking, Internet, roads and shipping.”

  A few moments of silence followed the senator’s proposal.

  “That’s it? What about the IRS?” asked Cooper. “That simple?”

  “Secy. Bartlett claims there is no IRS targeting,” replied Simpson.

  “She’s a wily old dog, Senator. Surely she knows better. That has to be on the table as well.”

  “I believe it can be, Governor.”

  “And what do I tell Stan Mumford’s widow?”

  Another few moments of silence.

  “Governor, that’s a tough question but we are talking about the overall good of Texas.”

  “Senator, I don’t think we release those under indictment for his murder. I think that is a non-starter.”

  Clearly frustrated, Simpson continued, “Governor, I know that sucks. But again, look at those who will suffer over the loss of Social Security benefits. What about the blockade? What if necessary medicines become unavailable?”

  “Senator, you don’t have to lecture me about what is in the best interests of Texas. The problem with this so-called solution is it only puts a temporary Band Aid on the issue. This administration will still flout the Constitution. I need some type of commitment that Congress is going to act on the criminal actions of this administration. I suggest you go confer with your fellow senators and congressmen and get a special prosecutor appointed for Mumford’s death, the Spilner couple, and the entire Rash Sally investigation.”

  “Governor, that will take time and you know it. Do you really have that much time? Does Texas have that much time?” asked the exasperated senator.

  “The problem, as everyone on this call knows full well is that, even if we avert this crisis, this administration will continue to punish Texas and will continue to shred the Constitution. So, the question is, do we draw a line in the sand now, or regroup?”

  “Governor, let’s meet and get back to the senator after we discuss this internally,” suggested Foster.

  “Senator,” said the governor, “let us talk among ourselves. Let’s get back on this same conference bridge at noon today. That gives us a little over two hours to decide how to move forward.”

  “Thank you, Governor.”

  “I have one question.”

  “Yes, sir?”

  “Is this an official administration offer or is this Bartlett on her own?”

  “Sir, the secretary has indicated she can get the administration to agree to these terms.”

  “So this is not an official offer from Johnson?”

  “Officially, no, sir.”

  “Why not?”

  “Governor, this is just not how this president operates. As you know, Tibbs wants to tack your hide on the wall, and he carries a lot of weight with the president.”

  “Too much weight,” Cooper retorted.

  “I understand, sir. Bartlett is motivated by her own agenda, as I’m sure is obvious at this juncture.”

  “Well, Simpson, this would be a nice feather in your cap, too, if successful,” Cooper said half-sarcastically just to test Simpson’s reaction.

  “Governor, my motivation is solely in the best interests of Texas. For those on the call, let me remind everyone that Bartlett came to me.”

  “Oh, I’m sure that’s not lost on anyone here,” said Foster.

  “Gene, let’s figure out how to pull everyone together,” said the governor as he closed the conference call.

  * * *

  Ten minutes later, the same participants, including Maj. Gen. Rex Conroy and minus Sen. Simpson, were on another secure conference bridge.

  “Okay, what does everyone think? Is it genuine?” asked Foster.

  “First of all, in good conscience, no matter what is decided here today, I want input from Pops and I want to talk to Mumford’s widow,” Cooper said.

  “I’ll see if we can get Pops on the call. Be back shortly,” said Foster.

  The governor for the most part made small talk as it took a few minutes to run Pops down and get him to call into the conference bridge.

  “Younger here,” he drawled.

  “Pops, welcome to the call. We received an interesting call from Simpson this morning.”

  “Is that turd still in D.C. or has he decided to come back?” Pops asked in what was obviously a rhetorical question.

  Over the next twenty minutes, the group went through the offer from Bartlett.

  “Well, Pops, you know I value your instincts. What are your thoughts?”

  “They’ll renege,” Pops said flatly.

  “In what way?” asked Cooper.

  “Sir, I wouldn’t trust them damned carpetbaggers to unscrew a longneck beer the right way. There’s a catch somewhere. There always is.”

  “We have an obligation to try to settle this peacefully. I’ve always said I would allow myself to be arrested if that’s what it took.”

  “Governor, you know that wouldn’t solve anything and it could make things worse. We appreciate your willingness to be a martyr in this, but Texans know this isn’t the answer. In fact, they are vehemently opposed to having their governor arrested after an armed incursion into the state by the feds,” said Weaver calmly.

  “Gentlemen, I’m willing to go down this road if everyone agrees this is the right course but, again, allow me to speak to Mrs. Mumford before I let those who shot her husband walk. I also want to speak to Chuck Dixon.”

  “Absolutely, Governor,” agreed Foster.

  “Understandable,” said Weaver.

  “Please do, Governor. That would make us all feel better about this deal,” said Sen. Perez.

  After the call ended, the governor’s staff placed a call to Chuck Dixon for a thirty-minute discussion. Next, Cooper called Sheila Mumford and, although not on the phone with her as long as he was with Dixon, Gov. Cooper had to wipe tears away when he finished.

  The governor turned to Foster. “Gene, let’s make this deal. I don’t trust that Johnson or Tibbs will live up to it, but we have to give it one more chance.”

  “Well, nobody in Texas trusts Johnson or Tibbs. What if they get the bases back and then pull some stunt or renege on the deal?” asked Foster.

  “Texas can only stand so much, Gene. If that happens, I think our path is clearer than one might have ever imagined.”

  “Let’s pray this fixes the immediate situation, but we both know the feds are on an unsustainable path and dragging Texas down with them.”

  “A battle for another day, Gene, I hope….”

  “Amen, Governor.”

  The next day was Sunday. After attending an early church service and a short private meeting with its pastor, Gov. Cooper called Sen. Simpson to give him the okay to negotiate with Secy. of State Bartlett with terms Texas was willing to accept.

  “Senator, I agree to all terms; however, I have one demand of my own.”

  “And what would that be?” Simpson said somewhat reluctantly.

  “I demand that a special and independent prosecutor be named by Congress to pursue the Rash Sally conspiracy and cover-up, the Spilner deaths and the Mumford shooting,” stated the governor.

  Simpson objected. “Look, Governor,” he said, “we both know Texas doesn’t have enough time for Congress to get its act together, but I promise to deliver the terms to the secretary of state as dictated.”

  Cooper was taking a calculated gamble tha
t pressure was also mounting on Johnson from other sources. The price of gasoline hit the ozone. The Dow Jones had lost 24 percent of its value since the crisis began. Other nations were feeling the pinch from Texas’ refining capacity being offline. Allies were critical of the Johnson administration for sending troops into Texas.

  The national leadership of the GOP was critical of Johnson as expected, but was also leaning heavily on the Texas congressional delegation to end the stand-off by influencing the governor. The GOP had long since abandoned trying to reach Cooper and knew they had zero credibility with him. The governor had despised Republican leadership for years and had made his criticism very public.

  Adding to the grief Johnson was feeling, a big northeaster hit the New England area and fuel oil prices were at record highs. Although the banking transaction shut-down was impacting Texans, it also rocked the financial markets. Large corporations who had operations in Texas were predicting huge losses.

  On CNBC, the host of Squawk Box condemned the administration, mocking Johnson for thinking he could unilaterally shut down the fourteenth largest economy in the world.

  “Positioning troops on their borders? Blockading ports? Shutting down bank transactions? Suspending payments legitimately owed to seniors and veterans? Interrupting telecommunications?” he questioned. “If this was a country, this would be tantamount to declaring war!

  “Texas has now shut off the spigot on oil, gasoline, aviation fuel and fuel oil to rest of the country. For those of you ticked at Texas, what did you expect?” he said. “If I’m Texas, I say we aren’t going to take it anymore!”

  Chapter 9

  “The best argument against democracy is a five-minute conversation with the average voter.”

  ~ Sir Winston Churchill

  Prime Minister of Britain during WWII

  Author (Nobel Prize Winner), Historian and Hero

  In Texarkana, where Interstate 30 crosses the state line between Texas and Arkansas, several incidents were reported between federal troops stationed just over the blockade at the border and Texas State Guard forces stationed at the visitors’ center at the expansive Texas Welcome Center just over the state line on the incoming side. Shots had been fired sporadically with no particular intent and mostly by civilians, but no injuries were reported.