“Right now, Pops, I wouldn’t put anything past anyone,” said Brahman.
“I’m on it. You know I’ll find out who’s responsible.”
“I’d bet everything I own on it, Pops,” Brahman told him. “You have the full authority and resources of the State of Texas behind you. Go get the scumbags responsible.”
“You got it, sir,” Pops said.
Chapter 15
“Political language is designed to make lies sound truthful and murder respectable, and to give the appearance of solidarity to pure wind.”
- George Orwell
(1903-1950) British author
President Bartlett didn’t wait until Chief Justice Noyner’s funeral to throw a name into the hat for a new Supreme Court justice nominee. In a hastily prepared speech in the East Room just twenty-four hours after announcing the recovery of Noyner’s remains, Bartlett introduced Shelly Ferguson-Haverton.
Haverton was a far left liberal activist judge from the 9th Circuit Court of Appeals and one of the most controversial district judges in American history. A Cal-Berkley and Harvard law professor prior to her appointment to the 9th Circuit Court by President Johnson, she was the complete and total opposite of Noyner.
Conservatives and Republicans pounced on the announcement.
“President Bartlett has used this unfortunate and tragic opportunity to name the most liberal and anti-2nd Amendment judge on record. I call on my colleagues in the Senate to stop this nomination by any means necessary, including filibuster,” exclaimed Senator Perez from Texas while being interviewed on the steps of the Supreme Court.
The liberals, much more adept at messaging and managing public opinion than the GOP, launched into Ferguson-Haverton’s qualifications, including the fact that Haverton would be the first gay person to be nominated to the Court.
“Judge Haverton believes in equal rights for all and in common-sense gun legislation,” stated Bartlett, with Haverton and her female spouse standing next to her at the podium. “She believes, like most Americans, that all immigrants have rights and should be able to pursue the American dream. I urge the Senate to schedule hearings right away. We have seen in the past that the Supreme Court becomes dysfunctional without a full slate of nine sitting justices, effectively limiting decisions that would end in a 4-4 tie.
“Judge Haverton proudly represents the LGBT community and I’m especially delighted to nominate the first gay to the Supreme Court. Judge Haverton has an impeccable record on guaranteeing the constitutional rights of all citizens regardless of sexual orientation. I urge the Senate to take up a vote for her confirmation at the earliest possible time,” beamed Bartlett proudly, turning to Haverton.
“I would like the judge to say a few words.” Bartlett stepped aside so Haverton could position herself in front of the microphone as cameras clicked.
“Thank you, President Bartlett. It is an honor to be standing here in the White House and to be fortunate enough to be nominated for this highest honor. I promise the American people that I will follow the law, the Constitution, and will work to fulfill the promise of an equal America as designed by our Founders.”
She paused as the small crowd clapped.
“Throughout my career, I have made tough decisions on important cases. No matter my personal or political beliefs, I applied the law, and that is exactly what I would do as a justice on the Supreme Court.”
She stepped away from the microphone as President Bartlett returned to the podium.
“We will take just a few questions.”
“Judge Haverton, how do you feel about being the most overturned district judge in U.S. history to be nominated to the Supreme Court?” asked a Fox News reporter.
Haverton never flinched, but President Bartlett was not amused and was visibly agitated. This wasn’t an approved question, and it would not have been pre-approved by the White House press secretary.
“I’ve dealt with quite a few controversial cases and, in fact, some were eventually upheld in the Supreme Court. Even as a district judge, you don’t always see eye to eye on the interpretation of law with the appellate courts, or even with the Supreme Court, especially if the Court is out of balance,” Haverton deflected.
As she was answering that question, a Secret Service agent gently caught the right arm of the Fox News reporter, indicating he wasn’t going to be allowed a follow-up to his question.
“Judge Haverton, do you feel every American should have unfettered access to firearms?” asked an MSNBC reporter.
“Unfortunately,” the judge stated, “our Founders did not make the 2nd Amendment crystal clear, leaving it open to interpretation. Since it is likely I will hear cases related to this subject, I can’t really elaborate any further on this subject.”
“Judge, how do you feel about being the first gay to be nominated to the Supreme Court?” asked a New York Times reporter.
“It’s long overdue. My personal experiences with civil rights in the LGBT community and in my own life gives me special insight into these issues.”
“How would you rule on the Texas Crisis and whether a state has a right to offer an independence referendum to its voters?” blurted out a Dallas Morning News reporter, who was also not pre-approved to ask such a question.
President Bartlett stepped forward to make sure she answered this question instead of Judge Haverton.
“I will take that one,” she cut in as she looked sternly at the reporter. “First of all, that is not a case that is before the Supreme Court. In fact, we have no crisis in Texas any longer. The Texas Legislature has not taken this up and we do not expect them to. This issue was settled in 1865 and again in 1870 in the Supreme Court. That is all, folks. Thank you very much.”
Bartlett’s smiles to the cameras turned to visible anger after she left the East Room and was out of the hearing of the press. She glared at Chief of Staff Weingold.
“Milt, how in the hell did those two questions get allowed into the briefing?”
“Madam President, I have no excuse; this should not have happened and I will get to the bottom of it. I’m so sorry.”
“A career ended today for someone. I want you to tell me whose it is in the next hour.”
“Yes, Madam President. I will fix this immediately.” A steamed Weingold walked toward the West Wing, directly to the office of the Communications Director.
Chapter 16
“Democracy... while it lasts is more bloody than either aristocracy or monarchy. Remember, democracy never lasts long. It soon wastes, exhausts and murders itself. There is never a democracy that did not commit suicide.”
- John Adams
(1735-1826) 2nd President of the United States
Signer of the Declaration of Independence & Founding Father
Senator Perez walked into the waiting room of his office in the Russell Senate Office Building, surprised to find Senate Majority Leader McCray talking to his chief of staff.
McCray rarely went to another senator’s office; instead, he expected to be treated like royalty, with senators paying homage to him on his time, in his office.
“Mr. Leader, to what do I owe this special honor?” asked Perez, almost mockingly. McCray had never been a fan of Perez because of his outspoken opposition to establishment status quo positions that conflicted with Perez’ Tea Party roots.
“Senator, we need to chat,” said McCray. “Let’s go into your office please.”
Perez and his chief of staff escorted McCray to Perez’ connecting office where he walked behind his desk and motioned to McCray. “Please sit, Mr. Leader. Can we get you some coffee?”
McCray turned to Perez’ chief of staff and said, “No, thank you. That will be all.” He motioned to Perez’ subordinate, who was visibly irritated by McCray’s boldness to dismiss him in such a cavalier manner.
“What can I help you with, sir?” asked Perez suspiciously.
“Senator, I know we've had our differences, but I come to you to personally ask for supp
ort for something that might seem controversial at first.”
“Okay, you know me, Mr. Leader. I always listen, but I can’t promise you and I will be on the same page,” replied Perez, half-smiling.
“I’ll get right to it, Senator. The Party has decided we are going to give Haverton a confirmation vote in the Senate.”
“You can’t be serious?” said a shocked and dismayed Senator Perez.
“I am. Hear me out. The Party does not want it to appear that we are not bringing a full vote to the floor simply because she is gay. The left will attack us unmercifully for it. Bartlett has assured me we can trade this vote for some other key items, including backing off on some of the 2nd Amendment initiatives she is contemplating.”
“Mr. Leader, if that was truly the Party’s concern, wouldn’t they be more concerned with a senator going on record during an official vote? It seems the prudent thing would be to not allow a floor vote.”
“The Party is concerned, and rightly so, that we could lose the Senate over this,” replied McCray.
Perez rubbed his chin for a few seconds, and squinted, trying hard to think through the leader's position.
“Mr. Leader, you know as well as I do that some senators in purple states are going to be vulnerable. Certainly these senators will be under extreme scrutiny to vote aye. I’m sure you have tallied the numbers, but wouldn’t this put Haverton on the Court for sure?”
“No, our initial research says we can have the votes and will narrowly escape that tragic scenario,” assured McCray.
“How narrow?” asked Perez.
“Two votes, maybe three,” answered McCray.
“Geez, Mr. Leader, we are talking about a vote that could alter the Court for decades. That’s a very narrow margin for error, too narrow for my tastes. This is Noyner’s seat!” said Perez, somewhat defiantly.
“Senator, I’m only asking that you allow the vote to come to the floor. We will only move forward if we are assured she doesn’t win. This is all about theatrics, imaging and the greater good of the Party,” reasoned McCray.
“Surely you don’t need my vote just to get this to the floor?”
“I’m being pre-emptive, Senator. We all know how you like to filibuster!” chuckled McCray.
“What’s the trade-off with Bartlett for putting the confirmation to a full Senate vote? Specifically.” pressed Perez.
“She has agreed to table two executive orders she is contemplating that will evoke a huge battle.”
“And those are?”
“She plans to circumvent Congress with a national registry database and orders to regulate private sales of firearms.”
Perez started to laugh. “Both of which are unconstitutional and would be defeated in the courts.”
“Senator, don’t underestimate Bartlett. After the whole Texas thing, the polls show the rest of the country was horrified that Texas has its own militia and that some very good men were killed.”
“I’m assuming you mean on both sides?” asked Perez.
“Of course, but why go through all this simply for a show vote? I’ve been doing this, as you know, for most of my adult life. We will whip this properly and construct the vote to fail. Simple as that.”
“I don’t know, Mr. Leader. I’d feel better with a larger margin of error.”
“What is your number, Senator? How much of a vote cushion do you need?” asked McCray, scooting forward in his chair.
“I’m not sure, but two or three could be turned in a blink of an eye. Decades, sir… We are talking about overturning the conservative majority on the Court. The consequences would be devastating enough that the country would never recover.”
“Senator, I’m fully aware of what is at stake. I’m also aware that we are now in our third presidential term in a row with a Democrat in the White House. I need you on board with this.” Now irritated, McCray stated his position firmly in a patronizing manner, as if leaving Perez no choice.
“To me it makes a difference who the two or three are,” Perez said. “The Senate is full of invertebrates, sir. I don’t trust many of them.”
“And they don’t trust you, either, Senator. You need to trust me to handle this. It will go a long way toward repairing your standing in the Party and with your colleagues.”
“And what do I tell my constituents back in Texas?”
“Whatever you like. The Party will help you with the messaging,” promised McCray.
“What leads you to believe Bartlett wouldn’t renege on her promise to squelch those executive orders?”
“She gave me her word,” McCray said flatly.
“Oh, of course. Then that seals it!” laughed Perez.
McCray’s body language changed all of a sudden as he stood up and placed both hands, palms downward, on Perez’ desk.
“Senator, I will only ask this of you once. I highly suggest you think long and hard about it.”
Perez leaned back in his swivel chair as they stared each other down for a few tense moments.
“Let me ask you a question, Mr. Leader. Why hasn’t the Senate initiated an inquiry into why Noyner, as sitting chief justice, did not have an autopsy?”
Shaking his head slowly, McCray shot back incredulously, “Because, Senator, it was investigated and his death was an accident. Not all of us around here subscribe to every conspiracy theory that pops into the heads of the extreme right. Remember, sir, I was on that boat! I saw with my own eyes what happened!”
“I’ll get with my staff on your request and get back to you through normal channels.”
“I need your answer in forty-eight hours, Senator.”
“Just so I’m clear on what exactly you are asking me,” said Perez, “you are asking me to go back to my constituents in the reddest state in the country and tell them I’m voting aye for the most overturned liberal district judge in the country to replace one of the most conservative, highly respected chief justices in modern history, just because she is gay. I can’t wait for the Party to tell me how to spin that!”
“It’s for the greater good of the Party, Senator,” argued McCray.
Perez looked at McCray, whose face had reddened since he stood up. “Mr. Leader, should I take this as some kind of political threat?”
“Senator, in life we can’t always pick the moment, time and method of death. Just ask Chief Justice Noyner. But, in politics, we have the misfortune, or fortune, depending on how you look at it, to choose political suicide or not with a simple decision on a key vote.”
McCray turned and began walking toward the closed office door.
“Mr. Leader, you are going to do what you are going to do with or without me. But it would seem to me that you expect this procedural vote to be close; otherwise, you wouldn’t be here.”
McCray turned back to Perez as he opened the door.
“There has never been a vote in the Senate with me as majority leader where I didn’t know exactly what the outcome would be prior to allowing the vote to come to the floor.”
“Of course, Mr. Leader, but this would be a transformational and colossal mistake if it went the other way. God help America if you’re wrong.”
“Yeah, yeah, yeah, not for you to worry about.” McCray walked out.
Chapter 17
“In our country, the lie has become not just a moral category but a pillar of the State.”
- Alexander Solzhenitsyn
(1918-2008) Russian novelist,
Soviet dissident, imprisoned for eight years
for criticizing Stalin in a personal letter,
Nobel Prize for Literature, 1970
National news crews lined the entrance to the Texas State Cemetery in east downtown Austin as the hearse pulled in carrying the casket of slain Texas State Senator Jeffrey Milsap.
The Texas State Cemetery is famous for burial sites of past Texas governors, senators, congressmen, and various heroes of Texas from the days of the Republic of Texas, the Confederacy, WWI, WWII, the Korean War,
Vietnam War, and the war against terrorism.
Senator Milsap’s family requested a private burial, although a few dignitaries and politicians were invited. News crews were kept hundreds of yards away from the gravesite ceremony.
“Governor Brahman and Texas Ranger Pops Younger are at the gravesite,” said the local Austin ABC affiliate reporter. “Younger is the tall gentleman in the cowboy hat.”
When the ceremony ended and the family had departed, Brahman and Younger strode to the assembled press area two blocks away and moved to the bank of microphones that had been set up prior to the funeral. The governor read from a prepared statement:
“Our condolences go out to the Milsap family,” he said. “It’s a sad day for all Texans.
“I will be brief and to the point. I have asked the Texas Rangers to lead the investigation into this senseless act. Texas Rangers Commandant Pops Younger will have a few words in a moment.
“The Milsap family has specifically asked me to make the following announcement. Tomorrow morning, according to Texas law, I will authorize a special election in Senate District 3 in East Texas to elect a candidate to serve out the remainder of Senator Milsap’s term. The Milsap family believes the important work of the legislature and Senator Milsap’s co-sponsored bills must go on without delay.
“God bless the Milsap family and God bless Texas. I would now like to introduce Pops Younger, who is leading this investigation.”
“Governor, sir, what about the referendum vote?” yelled a reporter
Brahman, who was about to walk away from the bank of microphones, leaned back to them to answer. “Out of deference to Senator Milsap and his family, we will take this up after the District 3 election.”
“But, sir, that leaves very little time in the current session…”
“I will call a special session if necessary. That is all,” Brahman said as he motioned for Pops to go ahead.
“Good afternoon,” Pops said. “As you are aware, the Travis County Medical Examiner has ruled Senator Milsap’s death a homicide. The investigation is continuing. We do not have any news to report other than we are following up on current leads.”
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