"Remember what I said a minute ago? I don't want this sort of power? I didn't dare do otherwise. Ehere reversed a conviction one of my best people got on a technicality— an issue of admissibility—and when he did it, we were all pretty mad. The issue was entrapment, where the line is. The defendant was guilty as hell, no doubt of it. But Judge… E looked at the arguments and probably made the right call, and that ruling is part of FBI guidelines now."
Jack looked at the folders. It would be a full week's reading. This, as Arnie had told him a few days before, would be his most important act as President. No Chief Executive since Washington had been faced with the necessity of appointing the entire Supreme Court, and even that had been in an age when the national consensus on law had been far firmer and deeper than what existed in America now. Back then "cruel and unusual punishment" had meant the rack and burning at the stake—both of those things that had been used in pre-Revolutionary America—but in more recent rulings had been taken to mean the absence of cable television and denial of sex-change operations, or just overcrowding in the prisons. So fine, Ryan thought, the prisons are too crowded, and then why not release dangerous criminals on society for fear of being cruel to convicted felons?
Now he had the power to change that. All he had to do was select judges who took as harsh a view on crime as he did, an outlook he'd learned from listening to his father's occasional rant about a particularly vile crime, or an especially bat-brained judge who hadn't ever viewed a crime scene, and therefore never really known what the issues were. And for Ryan there was the personal element. He'd been the subject of attempted murder, as had his wife and children. He knew what it was all about, the outrage at facing the fact that there were people who could take a life as easily as buying candy at a drug store, who preyed on others as though they Were game animals, and whose actions cried out for retribution. He could remember looking into Scan Miller's eyes more than once and seeing nothing, nothing in there at all. No humanity, no empathy, no feelings—not even hatred, so outside the human community he'd taken himself that there was no returning…
And yet.
Ryan closed his eyes, remembering the moment, a loaded Browning pistol in his grip, his blood boiling in his veins but his hands like ice, the exquisite moment at which he could have ended the life of the man who had so wanted to end his own—and Cathy's, and Sally's, and Little Jack, yet unborn. Looking in his eyes, and finally seeing the fear at last, breaking through the shell of inhumanity… but how many times had he thanked a merciful God that he'd neglected to cock the hammer on his pistol? He would have done it. He'd wanted to do it more than anything in his life, and he could remember pulling the trigger, only to be surprised when it hadn't moved—and then the moment had passed away. Jack could remember killing. The terrorist in London. The one in the boat at the base of his cliff. The cook on the submarine. Surely he'd killed others—that horrible night in Colombia which had given him nightmares for years after. But Sean Miller was different. It hadn't been necessity for Miller. For him it had been justice of a sort, and he'd been there, and he'd been the Law, and, God, how he'd wanted to take that worthless life! But he hadn't. The Law that had ended the life of that terrorist and his colleagues had been well considered, cold and detached… as it had to be—and for that reason he had to select the best possible people to repopulate the Court, because the decisions they would make were not about one enraged man trying at the same time to protect and avenge his family. They would say what the law was for everyone, and that wasn't about personal desires. This thing people called civilization was about something more than one man's passion. It had to be. And it was his duty to make sure that it was, by picking the right people.
"Yeah," Martin said, reading the President's face. "Big deal, isn't it?"
"Wait a minute." Jack rose and walked out the door to the secretaries' room. "Which one of you smokes?" he asked there.
"It's me," said Ellen Sumter. She was of Jack's age, and probably trying to quit, as all smokers of that age at least claimed. Without another question, she handed her President a Virginia Slim—the same as the crewwoman on his airplane, Jack realized—and a butane lighter. The President nodded his thanks and walked back into his office, lighting it. Before he could close the door, Mrs. Sumter raced to follow him with an ashtray taken from her desk drawer.
Sitting down, Ryan took a long drag, eyes on the carpet, which was of the Great Seal of the President of the United States, covered though it was with furniture.
"How the hell," Jack asked quietly, "did anybody ever decide that one man could have this much power? I mean, what I'm doing here—"
"Yes, sir. Kind of like being James Madison, isn't it? You pick the people who decide what the Constitution really means. They're all in their late forties or fifties, and so they'll be there for a while," Martin told him. "Cheer up. At least it's not a game for you. At least you're doing it the right way. You're not picking women because they're women, or blacks because they're black. I gave you a good mix, color, bathrooms, and everything, but all the names have been redacted out—and you won't be able to tell who's who unless you follow cases, which you probably don't. I give you my word, sir, they're all good ones. I spent a lot of time assembling the list for you. Your guidelines helped, and they were good guidelines. For what it's worth, they're all people who think the way you do. People who like power scare me," the attorney said. "Good ones reflect a lot on what they're doing before they do it. Picking real judges who've made some hard calls— well, read their decisions. You'll see how hard they worked at what they did."
Another puff. He tapped the folders. "I don't know the law well enough to understand all the points in there. I don't know crap about the law, except you're not supposed to break it."
Martin grinned at that one: "Not a bad place to start when you think about it." He didn't have to go any further. Not every occupant of this office had thought of things quite that way. Both men knew it, but it wasn't the sort of thing one said to the sitting President.
"I know the things I don't like. I know the things I'd like to see changed, but, God damn it" — Ryan looked up, eyes wide now—"do I have the right to make that sort of call?"
"Yes, Mr. President, you do, because the Senate has to look over your shoulder, remember? Maybe they'll disagree on one or two. All these judges have been checked out by the FBI. They're all honest. They're all smart. None of them ever wanted or expected to make it to the Supreme Court except through a certiori grant. If you can't come up with nine you like, we'll search some more—better then if you have somebody else do it. The head of the Civil Rights Division is also a pretty good man—he's off to my left some, but he's another thinker."
Civil rights, Jack thought. Did he have to make government policy on that, too? How was he supposed to know what might be the right way to treat people who might or might not be a little different from everybody else? Sooner or later you lost the ability to be objective, and then your beliefs took over—and were you then making policy based on personal prejudice? How were you supposed to know what was right? Jesus.
Ryan took a last puff and stubbed the cigarette out, rewarded as always by a dizzying buzz from the renewed vice. "Well, I guess I have a lot of reading to do."
"I'd offer you some help, but probably better that you try to do it yourself. That way, nobody pollutes the process—more than I've already done, that is. You want to keep that in mind. I might not be the best guy for this, but you asked me, and that's the best I have."
"I suppose that's all any of us can do, eh?" Ryan observed, staring at the pile of folders.