The Last Justice

by Anthony J. Franze

  With that, Aiden announced he was going downstairs to play video games. McKenna and Kate stayed with Javier, watching him make phone calls and type manically on the computer.

  A half hour later, Javier clapped his hands and crowed, "We're in!"

  They watched as an image slowly appeared on the screen.

  "Yikes!"Javier said.

  Fading into focus was a photo of a woman sitting on a wooden desk stacked with books and papers, her naked legs wrapped around a man whose pants were bunched around his ankles.

  "I'm not a complete stranger to porn,"Javier said, wincing at the picture, "but geriatric porn's a new one for me."

  "Unbelievable," McKenna breathed.

  Kate looked at him, openmouthed.

  "What?"Javier asked.

  McKenna pointed to the man on the screen. "You don't happen to know who he is, do you?"

  "Nope."

  "Meet Thomas Kincaid, the late chief justice of the Supreme Court, before he was killed on Black Wednesday."

  "So, an old guy finds some Viagra-what's so unbelievable?"

  McKenna moved his index finger to the woman in the picture. "That's Justice Carmichael, who survived the attack. At the time of this picture, they were both married, and not to each other."

  The group suddenly realized that the "CJK/JC"written on the CD's sleeve stood for "Chief Justice Kincaid and Justice Carmichael"-it was now so obvious, Kate could kick herself. She studied the picture. "It was taken in Justice Carmichael's chambers."

  "How can you tell?" McKenna said, moving closer to the screen. Unlike Kate, he hadn't clerked for the Supreme Court and had visited chambers only a few times, including when he paid the traditional visit to each justice when he was appointed solicitor general. Kate placed her finger near the screen and pointed towards four portraits hanging above the fireplace.

  "The portraits?" he said.

  "You got it." Carmichael's chambers had portraits of Sandra Day O'Connor, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan, the court's first women justices.

  "That means someone with security clearance and access must have hidden the camera. It's a huge risk. Someone willing to do that could very well have a motive to kill."

  "You think an affair between these old-timers could have something to do with the assassinations?" said Javier.

  "I don't know," McKenna said. "The chief justice's widow has been under investigation. She made large cash withdrawals just before Black Wednesday. An affair between Chief Justice Kincaid and Justice Carmichael could answer two doubts the commission had about her involvement in the slayings."

  "How so?" Kate asked.

  "There's always been two core doubts that Mrs. Kincaid was involved. First, if she simply wanted to kill her husband, why take out so many innocent people? Second, why do it at the Supreme Court Building when she knew Chief Justice Kincaid's routine outside the courthouse, where there was basically no security? The chief refused to have a security detail unless he was going to a public event-usually people didn't recognize him outside the court, so he thought security just drew attention to him."

  "So how does the affair change the analysis?" Kate asked.

  "What if the assassinations weren't about killing Chief Justice Kincaid? What if it was about killing his mistress? If only Carmichael had been killed, it would make Mrs. Kincaid the prime suspect if someone learned of the affair. A rampage at the court, on the other hand, would divert attention away from any personal motive to kill particular justices. Remember, the FBI has speculated that the shooter missed Chief Justice Kincaid on purpose."

  "Did I hear someone say `porn'?" Aiden interrupted as he entered the room. He looked at the computer monitor eagerly. "Ew-w!" he said, looking away from the screen. "I'll never be able to block that image out of my brain."

  McKenna rubbed his chin with his knuckle. "Javier, can you get into a secure government computer system?"

  "I assume you mean without permission?"

  McKenna gave a shrug.

  "I don't do that anymore,"Javier replied. "But I know some people..."

  2:30p.m. The White House

  he hearing in the Judiciary Committee will be first thing in the morning," John Crittenden, the White House chief of staff, said to the six men and women who, if things went smoothly, would soon be the next justices of the U. S. Supreme Court. The six sat across from Crittenden, J. Bradley Wentworth, and a lawyer from the White House counsel's office, at the long conference table in the windowless Roosevelt Room.

  "The Committee chairman has assured us that it will be a perfunctory hearing and that we'll be wrapped up by tomorrow afternoon. We're on the calendar for a vote on the nominees the next day. I've been through the confirmation process before, and let me tell you, the criticism from the pundits and interest groups will sting, particularly because you won't be able to respond directly. The important thing is to keep your composure, look dignified, and let us handle any response. The good news is that they usually have at least seven weeks from the nomination until the hearing so they obviously won't have the time to formulate an effective attack."

  Crittenden addressed the three liberal nominees his Democratic opponents had selected under the three-three deal. "We may not agree with some of you on the issues," he said with a friendly nod, "but rest assured, we plan to stand behind every one of you." Referring to three famous nomination debacles, he added, "There'll be no Robert Borks, Clarence Thomases, or Harriet Mierses on my watch."

  "Let's hope no Harrold Carswells, either," one of the nominees quipped prompting light laughter from the group. Carswell, a Richard Nixon nominee to the high court, had been considered unqualified and rejected by the Senate after a senator defending his nomination infamously said, "Even if he is mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they?" Years later, Carswell was arrested for allegedly soliciting sex in a public restroom.

  Judge Petrov, not one to allow his knowledge of Supreme Court history to be outshone, added, "Better yet, let's hope there are no John Rutledges among us," referring to George Washington's nominee for chief justice, who was rumored to be mentally ill and who tried to drown himself after being rejected by the Senate.

  Crittenden smiled and sat quietly for a moment. Humor was good; it broke the tension. "I know you're all ready for this, and we've been assured there will be no hard questions at the hearing. Judiciary Committee hearings are always Kabuki theatre and this one will be that to an extreme. We just released the latest poll figures, and the public overwhelmingly favors the bipartisan process that brought you here, so that should keep any wild-card senators in line. But we need to prepare for the worst. After the president's announcement today, Brad and others will spend the rest of the evening helping you

  As with traditional Supreme Court nominations, each nominee would participate in mock confirmation hearings, called "murder boards," in which a handpicked group of lawyers, media consultants, and administration officials would help the nominees prepare just in case any of the senators should break ranks and go on the attack at the hearing.' sessions would be streamlined, and most of the time would be spent reviewing videos of confirmation hearings of former justices, such as Kagan, Roberts, and Ginsburg, who had performed well. Meanwhile, the White House Office of Congressional Liaison would spend every waking moment until the vote lobbying senators to make sure the three-three deal did not fall apart.

  "Are there any questions?" Crittenden asked.

  "I have one," replied Cynthia Edward King, a staunchly conservative Fourth Circuit judge. She was a distinguished-looking, middle-aged black woman who could intimidate with a mere glance.

  "Yes?"

  "The chief justice-has the president decided on the nominee for chief?"

  "He hasn't decided," Crittenden said. "As you know, Justice Carmichael has been taking on the chief's duties for now. I would be surprised, however, if she was nominated to chief, but we'll all find out t
he president's decision at the announcement together."

  Conventional wisdom was that one of the new nominees would be selected chief. The chief justice nomination required Senate confirmation, even if a current justice, such as Carmichael, was the nominee, and it was assumed that the administration would not want to add a seventh justice to the confirmation process.

  "Any other questions before we go?" Crittenden said, looking at his watch.

  The nominees were silent.

  "Well, let's introduce you to the world."

  Petworth neighborhood, Washington,

  hey were crowded into Javier's Jaguar, driving through D.C.'s Petworth neighborhood. Javier had agreed to drive them just in case the authorities were looking for Aiden's car.

  Kate peered out the car window as the well-groomed brick colonials set about with picket fences gave way to unkempt row houses and chain-link fences. There was trash on the sidewalks, and the house windows had metal bars.

  "This guy works for your company?" Kate asked skeptically. Javier had arranged for them to meet with someone who had the skills and flexible ethics needed to hack into a government computer.

  "An independent contractor. Special projects,"Javier said, slowing down to look at the addresses.

  He pulled in front of a row house with several small children sitting on its crumbling brick stoop. The kids ran up to the car, curious. As everyone climbed out, Aiden held out his arms straight forward from his chest, like Frankenstein's monster and walked toward them, growling. The kids shrieked with delight. No adults were anywhere in sight.

  Javier walked up the steps and banged on the row house door.

  "I hope this is the right place," Aiden said, looking around.

  An Asian man with a scruffy sweater and Clark Kent glasses came to the door.

  "Scoob!"Javier said. "How the hell are ya?"

  "Javie!" the man said, opening the screen door. "Come on in."

  They were all hit with the strong aroma of marijuana and spoiling food. It was a tiny place, long and narrow, with no side windows. The kitchen was just off the entryway and had dishes piled high in the sink.

  After introductions, Javier pulled Scoob aside, and McKenna saw him hand their host what appeared to be a roll of bills. Scoob led them to a small bedroom in the back, where two computers sat on a desk cluttered with empty soda cans filled with cigarette butts. A cat leaped off a messy shelf in the corner of the room and darted under a dilapidated couch, as the five entered the room.

  After pushing the piles of papers from two chairs onto the floor, Scoob sat in front of a computer. "I can get more chairs if everybody wants to sit," he said.

  "I can stand," Kate said quickly. McKenna also stood, while Aiden took a seat.

  "So,whatcha need?" Scoob said, his hands resting on the keyboard.

  "I need you to get into the computer system of a federal court," McKenna said. He directed Scoob to the Web site of the United States Court of Appeals for the Second Circuit and pulled up a bio for Judge Ivan Petrov. "I need to get into the e-mail of a man who worked for this judge."

  Scoob gave a yellow-toothed grin. Here was a man who loved a challenge. He immediately began typing, focusing intently on the fly-specked screen. After a few minutes of watching Scoob, they left him to it and went into the living room. McKenna turned on Scoob's small television, which was connected to several wires that ran out the window. McKenna and Kate were no longer the lead news storybumped by the president's press conference announcing his nominees to the U.S. Supreme Court.

  The president and the six nominees strode down Cross Hall in the White House. The president stood behind a podium, with the nominees to his left and right, looking suitably serious and stately. The three chosen by the Democrats and the three by the Republicans were appropriately interspersed. McKenna recognized most of them. Of course, there was Judge Petrov, probably the most well-known and controversial nominee, looking characteristically smug. Next to him stood Professor Reuben Walworth, a gaunt liberal Harvard law professor who wore glasses and a bow tie. Next to Walworth stood Judge Cynthia Edward King, the conservative from the Fourth Circuit. On the other side of the president stood Victoria Prado, the first Cuban nominee in history, a judge on the Ninth Circuit Court of Appeals. Next to her was Hank Stanbery, a former Justice Department lawyer stalwart, regular on the conservative dinner party circuit, and former head of the Federalist Society. Finally, there was Brook W. Paterson, head of the NAACP.

  "If only your hero Ivan the Terrible knew that at this moment we were hacking into his computer system," McKenna ribbed Kate. She had supported the administration's decision to add Judge Petrov to the three-three list, and McKenna had opposed; it had been a source of contention between them and McKenna briefly recalled the last argument the two had over it. It had occurred in her bed on a lazy Sunday morning two weeks ago, as they read the morning paper together. Kate later commented that she hadn't minded the fight at all: it was one of the rare times McKenna had stayed over and allowed their relationship to resemble that of a normal couple.

  After the president's brief remarks, they watched as a reporter interviewed a law professor who was opposed to the three-three deal. "Picking the nominees this way is a throwback to the old days of party bosses working in smoke-filled back rooms," he said. "FDR attempted to pack the high court, and the public turned against him and he failed miserably. I don't see how a court chosen in this manner can be viewed as a legitimate body."

  The screen flashed to another pundit, this one supporting the three-three deal. "The FDR court-packing argument misses the mark," she said. "FDR tried to increase the number of justices so he could add new ones who would support his New Deal legislation. President Winter, by contrast, has voluntarily agreed to allow the Democrats to select three of the nominees. He didn't need to do that. Although there's a Senate resolution against it, he arguably could have made temporary recess appointments, or he could have fought to remove the right to filibuster. And critics seem to forget that even though his packing plan failed, FDR ultimately filled eight vacancies on the court-two more than we are talking about today. The president didn't need to cut any deal, and the Democrats should be kissing his feet for including them in the process."

  Another talking head commented on the six nominees: "This is a historic moment, and it will have a lasting legacy," he said. "All of these individuals are younger than their predecessors, not one over fifty years old-likely a calculated decision by their respective political parties since it ensures a longer tenure on the high court. All are also more ideologically extreme than their predecessors. While the nominees are a diverse group, these six illustrate that the days of a socalled `black seat,"women's seat,"regional seat,' or `Catholic seat' on the Supreme Court are over. Appointments today are based on ideology. The great divide in constitutional interpretation is between those who seek the original meaning of the constitution and those who seek its current meaning-these six are divided equally into those two camps. Is this a good thing? I guess we'll see, since all signs indicate that the public supports the deal and that the Senate will confirm these nominees."

  "Yo!" Scoob shouted from the back room. Suddenly McKenna snapped back to reality and both he and Kate bolted back to the room. Scoob said, "I'm in the court's system-what are you looking for?"

  "The e-mail system-can you get in?" McKenna asked. "I'd like to see e-mails for the last month from a man named Parker Sinclair. He was a law clerk for Judge Petrov."

  Scoob typed some more but seemed to be having trouble. "There's nothing here."

  "He worked there," McKenna challenged.

  "`Worked'? He doesn't work there no more?"

  "He's dead," Aiden interjected.

  Kate gave him a sisterly glare, but Scoob didn't flinch at the mention of Parker Sinclair's death.

  "You can't get any of his e-mails?"

  "Depends. If he's off the system, I can still search other people's e-mail-might be able to pull up anything he sent people if t
hey stored them. I also can pull up recent e-mails that mention his name. Looks like they all use the same e-mail configuration."

  McKenna nodded. After some more maneuvering with the mouse, files appeared on the monitor.

  "I got some hits," Scoob said.

  "May I?" McKenna asked, gesturing at the keyboard. "It'll be faster if I go through them myself."

  Taking the hint, Scoob left the room. Kate huddled close to McKenna, reading over his shoulder.

  There were surprisingly few e-mails from the court's staff that mentioned Parker Sinclair. The first few related to the murder: a message from Judge Petrov directing his secretary to draft a condolence letter from him to Parker's parents, and another from Petrov to court personnel. A few similar messages were from the other law clerks to friends and family, expressing disbelief.

  One e-mail, however, caught McKenna's eye. It was from a woman named Dakota Cameron to Petrov and had been sent this morning. The subject line read, "NOTABLE PARKER E-MAILS FOR THE POLICE."

  Judge,

  I've gone through all of Parker's archived e-mails for the last couple months and placed tabs on the ones that may be of interest to the detectives. I've also left copies of the tabbed documents in a sealed envelope in your inbox. The highlights in chron order:

  E-mail from three days ago to his mother stating that Parker had to confront someone about something. It did not provide any further details.

  E-mail from the mailroom to Parker from three days ago requesting that he confirm the address of a package he was having Mako Messengers deliver. The email is notable because the package recipient was listed as "McKenna."

  BlackBerry e-mail from Parker to his parents the evening he was killed. It states "McKenna = CB."

  Kate started to talk, but McKenna raised his hand for silence and scrolled to the next e-mail, a reply from Judge Petrov: