“According to my sources, your men will touch ground in a little over two hours. We will have to meet them with force to defend our land. Bloodshed will inevitably result. I would prefer to avoid that.”
“Then do.”
“And allow your soldiers to invade unimpeded? To take over my nation?”
“They’re just coming in to rescue the men who went down in that helicopter.”
“With all due respect, Mr. President, I don’t believe you. They were out there before the helicopter went down. And their number is far greater than would be necessary for a simple rescue operation.”
“I don’t have to convince you of anything, Colonel. And I’m not taking orders from you.”
“All I ask is that you respect our sovereign soil.”
“And I’m telling you that the United States does not negotiate with terrorists and the United States does not retreat!”
All at once, Vice President Swinburne rose to his feet, an incredulous expression on his face. His message to the president seemed self-evident: What the hell are you doing?
“I am sorry that you do not see the need to respect international law,” the colonel said, and Ben sensed genuine sorrow in his voice. “I am hoping that your advisors will be able to talk you into a more sensible position, so I will give you more time to reflect before we strike again. If you do not retreat, however, the next missiles will launch in two hours. At twelve noon, your time. Precisely.”
Ben felt his spine stiffen. Not again. Please, not again.
“And this time, Mr. President, this time-” To Ben’s astonishment, the colonel’s voice cracked as he spoke. He started again. “This time I will not be able to do you the courtesy of choosing a symbolic target. This time there will be civilian casualties. Many of them.”
“You can’t do that!” the president spat out.
“I have no choice. If you have not withdrawn your troops in two hours, we will send three missiles into neighboring residential areas. I will not bother telling you where so as to save you the trouble of attempting an evacuation. There is no time, no possibility. This time thousands of your people will die. People you could have saved. The collateral damage will be the blood of innocent Americans. And you will have to answer to the world for your own aggression.”
The line went dead. Silence blanketed the bunker.
The vice president broke the silence. To everyone’s surprise-and horror-he walked right up to the president and grabbed him by the lapels. “Are you insane?”
Everyone watched dumbfounded as the vice president shook Kyler back and forth in rhythm to his words. “I’m asking you a question! Are you completely insane?”
The president said nothing, but looked back at Swinburne with a mixed expression Ben didn’t know how to read-horror, shock, confusion, defeat. In any case, it was not what the VP wanted.
Swinburne threw the president down into a nearby chair. His eyes were wide and bulging. “My God,” he said, “you are, aren’t you? You’re completely insane!”
Dr. Anderson rose slowly to his feet. “Now wait just a minute-” Swinburne waved him away. “Don’t bother. It’s obvious now. It’s been staring us in the face the whole time. How else can you explain this bizarre behavior we’ve witnessed?”
“The president has been under a tremendous amount of stress…”
“Every president has stress. Everyone in this room has stress. But most of us aren’t singing TV show themes.”
“Now just you look here. I’m the medical man in the room-”
“And I’m the vice president of the United States!” Swinburne barked back. “And I am not going to sit here and let that monster take thousands of American lives for no good reason.”
“We both know there’s a reason.”
“Not a good one. Not for a sacrifice at that level.”
“The president has a free hand to make decisions in the foreign policy arena.”
“Not if he’s insane!” Swinburne clapped his hands down on the president’s shoulders. “Roland, listen to me! Pull back those troops. At least until we get that murderer out of our computer system. You can always go back later.”
“The United States cannot be seen backing down,” Rybicki said. “If we do, every tin-plated madman in the world will come after us.”
“They will understand this exception. We’re acting to save lives.”
“It will set a precedent. If we back down this time, who will be next? Who will be the next petty dictator with a grudge?”
“I don’t care!” Swinburne bellowed. Ben had to wonder if he was bordering on the brink of crazy himself. “I just don’t want thousands of Americans to die for nothing.”
Kyler folded his arms across his chest. “I will not alter my decision.” Swinburne spoke through gritted teeth. “Then you, sir, must be insane. And due to your mental incapacity, you must be replaced.”
Dr. Albertson stood again. “Mr. Vice President-”
Swinburne reached into his back pocket and threw something down on the table between them. It hit the tabletop with an impressive thwack.
Ben leaned forward to peer at the cover.
It was a pocket-sized copy of the United States Constitution. Just like the one Hugo Black used to carry in his back pocket. It seemed Conrad Swinburne had the same habit.
“You know what it says as well as I do, Doctor. The Twenty-fifth Amendment. When the president is incapacitated and unable to perform his duties-as this man clearly is-he will be replaced by the vice president. That’s me. So I’m taking over right now. Before this horrific day gets any bloodier.”
17
10:09 A.M.
Ben picked up the small booklet and began turning to the amendment in question, the one that governed presidential succession. He had read it before, of course, but not recently. And never before had it been so relevant.
“You can’t do that!” President Kyler roared. “As long as I’m still standing, I’m the president.”
“Not if you’re incapable of performing your duties!” Swinburne shouted back.
“I don’t become incapable just because we have a difference of opinion.”
“No, you’re incapable because you’re insane!” Ben scanned the amendment as quickly as he could. He didn’t enjoy watching the president when he seemed so beaten and ineffectual, and it was hard to forget the bizarre behavior he had witnessed twice that morning. He forced himself to remember the Roland Kyler he had followed throughout the campaign, the inspirational leader who had given the country new hope, the possibility of alleviating the problems, both domestic and foreign, that confronted the nation. That was the man he wanted to remember, and that was the man he wanted to see rise again.
He also reminded himself, not for the first time that day, of the gigantic favor Kyler had done for Christina. This man, despite being probably the busiest person on earth, had taken time to do a kindness for his wife.
Ben would not let him down when he needed a return favor.
He quickly read the amendment. Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President….
“You don’t have the authority to take me out of office on your own,” President Kyler said.
“The Constitution gives me the right to take over in the event the president in stark raving mad!”
“As determined by the vice president? If that were the law, no president would be in office very long. Especially not if you were their vice president!”
“Gentlemen,” Secretary Ruiz said, “please calm down. This isn’t a playground. The nation is in peril. Let’s proceed with this in a calm and orderly fashion and-”
“Proceed with what?” the president asked. “The delusions of this man who would be king? President Swinburne’s thinly veiled political coup?”
Ben read all the faster.
Section 4. Whenever the Vice President and a majority of either the principal officers
of the executive departments or of such other body as Congress may by law provide… their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President…
Swinburne continued. “In the event that the president is found to be mentally unbalanced-”
“You don’t have the authority or expertise to make that decision.”
“I shouldn’t have to!” Swinburne glared at Dr. Albertson. “Look, Doctor, no more mollycoddling. It’s time for you to step up to the plate. I know Roland is your longtime friend, but there are lives on the line now, so you’re going to have to cowboy up.”
Albertson coughed into his hand. “I don’t-I don’t know what you’re saying, or implying, but-”
“I’m saying I know how it pains you to have to make a decision, particularly if someone might get a little mad at you, but the time has come. You’ve seen the president’s aberrant behavior. You know he’s off his rocker. So say so. Make a formal medical declaration that he is unfit for office. So I can take over and save thousands of lives.”
Albertson looked down at the carpet. “I’m just-I’m-I’m not prepared to-”
“If you need to make a little examination or something, then do it already. Get on with it!”
“No, I’m saying, I don’t-I mean-I don’t believe-I don’t want-”
Swinburne slapped his forehead. “Would you stop stuttering already? Give me what I need. All you have to do is say the word and it’s a done deal and we can get the country out of this mess!”
“Actually, you’re wrong,” Ben said.
Everyone in the room looked up. Ben had spoken so much more quietly than anyone else who had spoken recently that it had the impact of a cry of “Fire!” in a library.
“What are you saying?” Swinburne said, his neck twisted to one side.
Ben cleared his throat. Here we go… “You don’t have the authority to declare the president incapable. Not even if you have the support of the president’s doctor. I’m sure his thoughts are worth hearing-nothing personal, Doctor-but the Constitution doesn’t mention the president’s doctor at all.”
“It mentions the vice president.”
“True. But you have the authority to displace the president only with the agreement of the majority of the leaders of the various executive departments. In other words, the cabinet.”
“Do you see the cabinet down here, Mr. Lawyer?”
“Only two members. The secretary of state, Mr. Ruiz, and the secretary of defense, Mr. Rybicki. But even if you have their votes, they don’t constitute a majority or even a plurality, so you still don’t have the constitutional requirement for forcing the president out of office.”
“Look, if the rest of the cabinet is unavailable-”
“That’s not what the Constitution says. It doesn’t cover that contingency. I’m sure the framers of this amendment never foresaw a situation like this one. But the fact remains. You don’t have the authority.”
Swinburne came right up to Ben, hovering over him. “Do you want to see innocent people killed, you fool? What are you doing?”
“My job. Advising the president on the law-and, if necessary, enforcing it.”
“This isn’t just a game, kid!”
Ben stood up and looked the vice president squarely in the eye. “No, sir. It is not. This is very serious. And that is why it is so important that the law be strictly followed. To the letter.”
“We don’t have time-”
“These constitutional protections were inserted into the amendment for a reason-to protect the president against any undesirable power plays or conspiracies.”
Swinburne seemed inflamed. “Are you suggesting-”
“All I’m suggesting is that the president, like any other U.S. citizen, is entitled to constitutionally provided procedural protections. Like due process. Like the right to a fair trial. Part of the reason these constitutional guarantees were created was to prevent hasty, reactionary decisions in difficult times that would undermine the fundamental philosophy of the nation.”
Swinburne turned and slapped his hand on the table. “Then what do you suggest, know-it-all? I for one will not just stand here yapping while this man takes us to the brink of disaster. I won’t be paralyzed just because we can’t contact the other members of the cabinet.”
Seemingly out of nowhere, Agent Zimmer popped into view. “Actually,” he said, “we can.”
Ben walked toward him. “Do you know where they are?”
“Yes. The other cabinet members have all been moved to-” He stopped short. “A safe location.” Ben was glad to see that someone in the room hadn’t forgotten that they very likely had a mole in the bunker. “But I am in contact with them. I can put them on speaker-phone. I can arrange for them to hear all of you in here. In fact, I can use my webcam to set up a video line so they can see what’s going on.”
“Perfect,” Ben said.
“Wait just a minute,” Swinburne said, stepping between them. “What are you talking about?”
“What I’m talking about,” Ben said, “is a trial.”
“Are you joking? We don’t have time for a trial.”
“You’re going to have to make time. The Constitution sets out a procedure. We will follow it.”
“But the missiles will be launched in-”
“I understand your opinion. However, the Constitution doesn’t make allowances for the suspension of constitutional rights in the event that the vice president is in a big hurry. Or even for a national emergency. The Constitution guarantees due process. To all citizens.”
“What is this, Kincaid, some kind of power trip? Indulging your ego? The trial lawyer wanting to pull everything into his arena? I won’t stand for this!”
“With respect, sir.” Ben took a deep breath. “You don’t have any choice.”
Swinburne slapped the table again and walked away.
Cartwright spoke up. “If we’re going to have a trial… even a quick one… don’t we need some kind of procedure?”
“To the extent possible, we can follow the normal federal rules of civil procedure,” Ben explained. “We might have to make some adjustments, since as far as I know I’m the only lawyer in the room. But I think the vice president has made it clear he can argue his case forcefully. He can be the acting prosecutor, presenting the case for removal. With his permission, I’ll represent the president-in effect, the defendant.” He shrugged. “It’s kinda what I do. Normally, anyway.”
The president gave him a little salute. “I’m honored to have you in my corner.”
Ben was touched by his response, although also mindful that the president at this point didn’t have a wealth of choices.
“Why does he need a lawyer?” Swinburne barked. “Can’t he represent himself?”
“The right to a fair trial includes the right to counsel. Surely you’re familiar with Gideon v. Wainwright?”
Swinburne made a grunting sound. “I think I saw the made-for-TV movie.”
“Well, as you may recall, the happy ending came when Henry Fonda got a new trial, with a lawyer. Which totally changed the outcome.”
“That’s all well and good,” Admiral Cartwright said. “But if this is going to be a trial-a real trial-don’t we need a judge?”
“We do,” Ben said hastily. He could see already that with stakes this high-and tempers high as well-this would rapidly descend into chaos without some sort of restraint. “Perhaps Agent Zimmer can patch in the chief justice.”
“I think that’s a poor idea,” Zimmer said. “I can understand contacting the cabinet. It’s necessary, and they all have top-level security clearances. But that doesn’t extend to the judiciary. Let me just remind you all that these are extremely sensitive matters and we don’t want any leaks. Especially to the wrong people.”
Admiral Cartwright tossed down his pen. “Well, then, I guess this is where I
have to make my ugly confession.”
Swinburne squinted. “What?”
Cartwright rose to his feet. “I guess none of you are aware of the fact but… well, Kincaid, you’re not the only lawyer in the room.”
Ben arched an eyebrow.
“I was a lawyer back in the day,” Cartwright said. “Spent years in the JAG Corps, till I moved onto bigger things. Never cared to look back, either. But I still remember the drill.”
“What are you saying?” Swinburne asked.
“I’m offering to be your judge,” Cartwright said succinctly.
Ben pondered a moment. Cartwright had the qualifications, and he was here. On the other hand, did Ben really want the judge to be the person in the room who hated him most?
“Well, Kincaid?” Swinburne said. “Don’t just stand there like a damn wax statue. Say something!”
Ben realized that Cartwright was now no longer the person in the room who hated him most.
“The defense will accept you as the judge for this constitutional proceeding,” Ben said.
“And so will I, if it moves this thing along any faster,” Swinburne said. “Have you people forgotten that we are facing a dire countdown?”
“I haven’t,” Ben said. “But before we can proceed… Mr. President?”
He seemed almost dazed, slow to respond. “Yes, Ben?”
“Does this proposed procedure meet with your approval?”
Swinburne slapped the table once again, right in front of Ben, making a thunderous noise. “I don’t approve of the procedure, but that didn’t matter to you. Why does he get to decide whether he approves of the procedure?”
Ben slammed the table equally hard, bringing his hand down nearly on top of Swinburne’s. He leaned forward and gave Swinburne a cold glare right in the eye. “Because, at least for the moment, he’s the president of the United States. Got it?”
Swinburne slowly drew his head back. “Fine. Let’s just get started.”
“Mr. President?”
Kyler nodded. “Yes, Ben, it does meet with my approval. And… thank you.” He crossed the room and took the seat beside Ben. Apparently this side of the room was going to be the “defendant’s table.”
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