W: The Planner, The Chosen

by Alexandra Swann

  “The National Defense Authorization Act of 2012 passed by the United States Congress and signed into law by the President of the United States gives the U.S. government authority to indefinitely detain U.S. citizens, as well as foreign insurgents suspected of being involved in terrorism, without charges and without trial. The Act also provides that the President and his Administration have discretionary authority to determine which citizens are potential terrorist threats and to enforce this law as necessary. The Act further authorizes the President, at his sole discretion, to order the execution, without trials, of U.S. citizens.

  “The Court recognizes that terrorism is an unfortunate reality of the modern world, and that Americans have allowed laws such as the NDAA to be passed in an attempt to prevent the loss of property and life that we as a nation suffered at 9/11. The Court also recognizes that the impetus for passing these laws on the part of the legislative bodies was very likely borne out of sincerely good intentions to protect the freedom of all citizens. However, as Daniel Webster wrote, ‘Good intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters.’

  “In the quest to protect the safety and security of the citizens of the United States, the law has overlooked the obvious truth expressed by the Founders—that only in liberty can safety and security truly be fostered. Through the NDAA, Congress and the Executive Branch have subverted one of the most fundamental and cherished rights of American citizens—the right to a speedy trial by a jury of one’s peers. It is precisely when U.S. citizens are suspected of participation in the most heinous crimes that this right of trial by jury becomes most critical. Yet, our current system affords the right to trial by jury for a man accused of plotting one murder and denies it to the man accused of plotting many murders. Both are the same crime—altered only by the multiplication of the number of potential victims. Both of the accused should be protected by the same rights under the same document—the Constitution of these United States of America.

  “One of the last cases that the Court heard before the Supreme Court Building was locked down upheld provisions of federal law that gave sweeping powers to the U.S. government. At that time I stated that it is not the duty of the Court to protect U.S. citizens from their poor choices at the ballot box. What I did not say, however, is that it is the duty of the Court to rule on the constitutionality of all laws brought before it. When this Court failed to rule correctly based on that law’s constitutionality, we caused great harm to come to the American people. Today we will not repeat our mistake.

  “Therefore, we the Supreme Court of the United States find that the provisions of the National Defense Authorization Act of 2012 allowing the detention and/or execution without benefit of a trial by jury of U.S. citizens or persons residing in the United States who are suspected of plotting or committing crimes on U.S. soil is a violation of the Constitution of the United States. Michael Aaron Linton and Jeffrey Ray Conners are to be released from federal custody immediately and scheduled to stand trial in federal court upon whatever charges the U.S. Justice Department deems appropriate. We further find that all such persons who are currently incarcerated under the provisions of the NDAA anywhere in the United States, on any of its military bases, or in any of its protectorates, shall immediately be released from custody to prepare to stand trial for the crimes of which they are accused.

  “All such persons shall be allowed to confer with attorneys; if they cannot afford an attorney, legal representation must be provided for them at the Government’s expense.

  “With regard to the Government’s claim that trials for such currently incarcerated persons would be unduly expensive and burdensome to the taxpayers and that the burden of proof would place too great a burden on already over-worked prosecutors because of the large number of detained persons in the United States, on its bases and in its protectorates, the Court responds that individual liberty cannot bear a price tag. Further, the Government’s burden of proof is an essential component in maintaining the freedom and individual liberty of all citizens. The Court takes a dim view of the incarceration of any individual for whom the Government is unable to sufficiently demonstrate guilt through normal legal processes.

  “Finally, the Court rules that all persons who have been executed without trial shall have their names released to their nearest of kin and the remains of such persons shall, if at all possible, also be released so that those persons may be laid to rest in accordance with each individual family’s wishes, traditions and cultural and religious beliefs—to the extent that it is possible to do so.

  “This Court’s ruling does not extend to non-U.S. citizens on foreign soil or enemy combatants in military situations overseas.

  “The ruling of the Court in this matter is unanimous. No dissenting opinion, therefore, will be provided. The Court’s findings are to be implemented immediately.”

  “Immediately….” Kris clung to this last word and hardly heard anything else. “What did ‘immediately’ mean? This afternoon? Tomorrow? A week? A month? She remembered hearing of cases where people who had been pardoned were held for sixty days before they were released while the courts processed the paperwork. Maybe Julian could tell her what to expect.

  The Chief Justice adjourned the Court, and after what seemed like a very long time, she, Keith and Julian were able to leave the chamber and head back out into the hallway. Julian did not wait for her to ask, “The Court’s instructions said that the ruling must be implemented immediately, but in practical terms that could be a few weeks. This afternoon I will file a motion with the Justice Department to get them to release the exact location of Michael’s and Jeff’s incarceration. That way you’ll know where you need to go physically to meet them—hopefully they are in the same facility. We will also file a request to be informed of the exact release date. As soon as I have that information, I will contact you with it.”

  Kris had never even hinted to Julian that, thanks to Moshe, she already knew that Michael and Jeff were being held in a maximum security prison in Baltimore. That was one reason why she had been glad that Keith had chosen to buy the row house there. When the time came for her to meet them, she could be there in a matter of minutes. “Thank you very much, Julian—for everything,” Kris threw her arms around him and hugged him tightly. “You and your team were incredible. We could never have done this without you.”

  “Thank you, Kris,” Julian looked at her seriously—even more seriously than usual, which was difficult for such a sober man. “You and your family have been through hell, I know, but if you had not been willing to bring this suit, this case would never have been heard, and we would not have this ruling today. This ruling is a major victory for Freedom in the United States.”

  Keith spoke for the first time, “Do you think it will stand? After all, this Administration does whatever they want to? What’s to stop them from saying, ‘Forget you—we’re not letting anybody out of jail.’”

  “That won’t happen,” Julian shook his head confidently. “Remember what I told you in the beginning? ‘The only thing necessary for evil to be destroyed is for good people to stand against it.’ The Administration is already on record that they support the Court’s authority to rule in this matter. This is the beginning of the end.”

  Julian shook hands with them both before hurrying down the hall to go back to his D.C. office and file his motion. Kris watched him go.

  Michael and Jeff were coming home, at least for now. They would need a lot of medical care—a lot of care in general. They would also need attorneys for their criminal trials. Julian had done everything he could, but he was a constitutional attorney. Maybe he could help them find a criminal attorney. Kris would ask him for a recommendation—they would need someone who had experience in federal cou
rt. Kris needed to call Karyn—she would be able to come home with Faith and Seth—and Mitch. For the first time in more than a year, Kris would be able to see him, to hold him in her arms.

  There was so much still to do, so much ahead of them, so much to go through. But they would be together, and they would go through it together. As all of these thoughts raced through Kris’ mind, she caught sight of Keith. He was smiling that same slight smile he had always smiled when he was completely pleased. It was a smile that said, “We did it.” And with that he made his way down the hall with Kris following. The smile was enough—there were simply no words to express what they both felt at that moment.

  As Keith pushed open the doors leading from the hall to the steps outside the Capitol, they both recognized the man who was waiting for them. Kris ran towards him, leaving a puzzled Keith at the top of the stairs. “The court just ruled in our favor. He’s being released. Everyone is. We’ll still have another trial to go through, but he’s coming home.”

  “I heard. I was in the courtroom when the verdict was read; you just didn’t see me. You did it, Kris.”

  “God did it; I just stayed in the fight until it was over.”

  Keith had continued down the stairs towards them. He had spotted David in the courtroom and had wondered how he had managed to be everywhere that anything significant was happening. Now, however, Keith was thoroughly confused. He had never introduced Kris to David—never even told her that he existed. How was it that she was talking to him as if he were an old friend?

  Seeing the confused look on his face, Kris reached out to her brother, “Keith, this is Michael’s brother, Moshe. He visited me in St. George and brought me Michael’s note shortly after he was arrested.”

  “Of course he is,” Keith’s lips were pursed in that familiar slight smile, and then he turned to Moshe. “I knew you reminded me of him. You could have just told me who you were.”

  “If I had told you, I would have had to kill you,” Moshe responded without a trace of a smile, but his eyes danced.

  Now Kris was confused, “You two know each other?”

  “It’s a long story. I’ll tell you all about it later,” Keith responded. “So, what now?”

  “Now, I have a plane to catch, as soon as I confirm that my brother has been released. I just stopped by to say goodbye and to thank both of you.”

  He turned and they watched him as he quickly made his way down the steps and onto the Capitol lawn, where he disappeared into the crowd.

  When they could no longer see him, they turned and looked at each other. “He’s good,” murmured Keith.

  “Yes, he is. Let’s go get something to eat while we wait for Julian to get back with us.” Kris took her brother’s arm, and they started down the steps together.

  Kris felt the cold air on her face. The slushy snow had stopped—the air was crisp and clear although the sky was still overcast. Her heart was overflowing with joy—they were free. What had seemed impossible only the day before was now a reality. All of them were free. She raised her eyes toward heaven and said softly, “Thank You, Jesus. Thank You for saving us.”

  Chapter 30

  The crowd of professional men and women, journalists, doctors and community leaders stuffed their hands deep into the pockets of their coats and huddled together in the area immediately in front of the main building of the enormous new medical complex that was being dedicated that day. It was bitterly cold—even for late December. During the night the temperature had dropped to minus three degrees, and now, even though it was almost noon, the thermometer had risen only five degrees. At 9:00 A.M. a local meteorologist had announced that the wind factor made it “feel like minus fifteen.” A thin, blonde, middle-aged radiologist dressed in a knee-length skirt and pumps pulled her coat collar up, and shut her eyes to block out the icy gale that whipped her bare legs and played havoc with her perfectly coiffed hair.

  As the radiologist tried to formulate a plan to leave the ceremony without attracting too much attention, a short, stout man in a gray wool coat and a red stocking cap and scarf walked to the podium. It was apparent that even in these severe weather conditions Mayor Hamilton Brady was pleased to have an audience, and the radiologist knew that the mayor would do nothing to cut the ceremony short and allow the hundred or so people gathered there to escape into the warmth of the reception area.

  “Welcome friends and special guests,” the mayor began. “Thank you for braving the cold to help us celebrate the opening of this historical medical center. As you know, today’s event has been made possible through many years of hard work, fundraising and planning. Today it is my pleasure to introduce the man whose vision served as the inspiration for this facility, Senator Seth Conners, son of the late Congressman Jeffrey Conners. However, in keeping with the Senator’s commitment to always act in the best interests of the American people, he has asked me to move the dedication inside where it’s warm.”

  As the mayor spoke that last word, the crowd cheered wildly and moved as one toward the door. When they were inside, Mayor Brady took full advantage of the situation and droned on for ten minutes before relinquishing the microphone to Seth Conners.

  At fifty-seven the senator still had a little-boy quality that caused his blue eyes to sparkle and made it almost impossible for him to stand still for long. Conners hopped up on the staircase so that he was standing on the third step from the bottom. A broad smile spread across his face as he addressed the crowd, “I want to thank all of you for being here today, and I want to thank each of you for the part you have played in making this occasion possible. I am so happy to have my wife Tiffany and our two daughters Karyn and Kristen with me. My sister Faith, her husband Robert, and their son Keith are also here. We are gathered here today to dedicate the Michael Linton Memorial Medical Center, but we have also come to commemorate the lives of the men and women who made it possible.

  “My father Jeffrey Conners was a hardworking, honest man who loved God, loved his family, and loved his country. After he was released from prison, my father knew that he needed to use the rest of his life to stand for freedom. He ran for Congress to restore the Constitution and the principle of government for the people, by the people, and of the people. Congressman Jeff Conners sponsored, co-sponsored or authored more than two hundred bills to restore liberty and put the government back into the hands of the citizens. As part of his Restore America Initiative, he sponsored the Internet and Communications Freedom Act which prohibits the federal government from restricting internet content or access, the Restore the Constitution Act, and the Read the Bill Act, which requires that the final version of all bills must be posted on Congressional websites and that copies must be distributed to all media outlets thirty days before any vote on those bills can take place....” The crowd applauded, and Seth paused until their applause subsided. “Any additional changes or edits require that the bills must undergo an additional thirty-day waiting period, and, thanks to my father, your Congressional and Senatorial representatives are LEGALLY required to read every word of each bill they pass on the floor of the House or Senate….” This brought further applause. Seth held up his hand to silence the crowd, and his eyes sparkled and his smile grew broader as he continued, “There is a very good reason why every person in the United States can read every bill that is being considered. Jeff Conners passed legislation requiring that no bill may exceed twenty pages written in eight point type or larger. In addition, no riders may be attached to any bill. If it’s going to become law, it has to stand alone and be passed solely on its own merits. No more hiding one piece of legislation inside a massive bill that no one has read, and no one would understand if they did.

  “Jeff Conners believed that the American people are smart enough to make decisions about their own lives and to weigh in on the laws that are passed, so he made sure that we will never again have legislation rammed down our throats by out-of-control legislators who tell us that we have to pass a law before we can know what’s in it.
My father believed that big government was the problem—not the solution. He sponsored and co-authored the Judicial Impartiality Act which holds judges responsible for enforcing the existing laws—not legislating from the bench. Federal judges are now subject to a review panel, and judges who are found guilty of imposing their own ideologies to reverse elections or to legislate from the bench are subject to immediate removal and loss of their pensions.” The crowd again erupted into applause.

  Seth continued, “But Jeffrey Conners never wanted to wake up one day and find that he was guilty of having become part of the problem—he wanted to make sure that he was always part of the solution. So after a decade of public service, he retired after gaining passage of what he considered his most important piece of legislation—the Term Limits Act of 2030. Thanks to Jeff Conners and others like him, we can never again have professional career politicians sitting in the House and Senate for decades conspiring to take away our freedoms.

  “Jeff Conners knew that his work was not finished when he left public service. He devoted the remaining years of his life to making certain that freedom was protected. After he left Congress, he worked with my uncle Keith Mitchell and Keith’s second wife Cheryl to help citizens better understand government and interact more effectively with their elected officials. Together, they launched ReadTheBill.com which posts the full text of all bills that are being debated. ReadTheBill.com allows citizens to read and comment on each bill prior to any vote taking place and then transmits those comments directly to the committees that are drafting the bills as well as to the representatives of those commenting. Under the Citizen Involvement in Government Act, the committee members and your representatives must legally respond to your comments. That means that if you, the citizens, hate a particular law, and we in the Senate decide to pass it anyway, we will know in advance that we are probably going to be sent home when the next election rolls around.” This brought thunderous applause.