“I understand completely, Mr. President. I cannot provide concrete evidence, but it’s clear this is a Bor operation. You know what that means.”
“I believe you. But belief is insufficient. Although we seem to be forgetting it with increasing frequency, we’re still a democratic republic subject to the rule of law. There’s a reason for those checks and balances. There’s a reason for posse comitatus. This type of domestic situation calls for the FBI, not a special operations unit of the military.”
“Sir, hard evidence or not, Bor is involved. And where Bor is involved, we need tier-one special operators.”
“We can’t stand up a functional tier-one unit with a snap of our fingers anyway.”
“Mr. President, I have a number of former special operators ready to go right now.”
“I know how smart you are. So I know that you know I can’t sanction private citizens like that. Even if I somehow recommissioned them, it would set off an earthquake.”
“We need specially trained people for Bor.”
“Mr. Garin, the FBI has extraordinary SWAT capabilities, HRT.”
“No argument. But, respectfully, this isn’t a standard domestic operation. This is a hybrid. And remember, sir, we haven’t discovered who the Russian mole is. Julian Day wasn’t high enough. If we tell the FBI or Congress, the Russians will know and evade our every action.”
Muffled sounds came over the speaker. Then: “Just a moment, Mr. Garin.” The speaker was muted at the president’s end.
Kessler said to the president, “Mr. President, we’ve seen what Bor can do, all too recently. He’s on a different plane from everyone else. We’ve also seen what Garin can do. He’s our best counter to Bor. He’s asking to be put in the fight, with a little help. We could provide him with logistical assistance where necessary, drawn from our Title 50 funds. Even my people don’t need to know what’s happening. At least specifically. It would be opaque. Untraceable. Deniable.”
“And unlawful,” Marshall interjected.
“Mr. President, the Constitution is not a suicide pact. If we follow the letter of the law, we may not be able to protect the American people. The EMP plot, had it been successful, would have killed millions. The Founding Fathers couldn’t possibly have envisioned something like an EMP attack.”
“They didn’t have to. The Constitution and the rule of law still apply regardless of technological developments.”
Secretary of Defense Merritt said, “Mr. President, if you violate the law by authorizing special operations on US soil, you are, indeed, subject to the law. But, as I think you know, the Office of Legal Counsel of the attorney general twice in our history determined that a sitting president is not subject to criminal prosecution. Instead, the remedy would be impeachment and removal from office. If it became known that you authorized special operations on American soil to protect against an extraordinary threat to the American people—no Congress would ever move articles of impeachment.”
“So you’re saying I should knowingly violate the law because my actions will be popular?”
“No, not at all. I’m saying sometimes a commander in chief’s got to bear the consequences of being between a rock and a hard place. Mr. President, it’s the old question about exigent circumstances: If you know that a nuclear device is about to go off in an American city, would you violate the law to stop it? Or would you adhere to the rule of law and allow millions of Americans to die? For all we know, we may be facing that situation here. We saw just a few weeks ago that if Bor’s involved, this isn’t going to be some garden-variety attack.” Merritt straightened. “Sir.”
“What’s your advice, Jim?” Marshall asked Brandt.
“You need to be very careful, sir.”
“Mr. President,” Merritt continued. “You’ve been in office less than a year. Your predecessor, with all due respect to him, left you a mess—pretending all the world was our friend. You shouldn’t have had to face one such crisis in your first year, let alone two. But here we are. Your first duty is to protect America and the American people.”
“My first duty, Doug, is to protect and defend the Constitution. There is no America without the Constitution.”
“You can do both, Mr. President. Authorize Omega. Let Garin stop Bor. Then, afterward, let Congress know. If they determine you’ve committed an impeachable offense, and if they have the political will, they can impeach you, remove you from office, and you can stand for prosecution. Checks and balances. The system works.”
“That’s not how the system’s supposed to work,” Marshall said. “I want a meeting of the NSC here within the hour.” He stood silently and rubbed the back of his neck for several moments; then he unmuted the speakerphone.
“Sorry, Mr. Garin. We’ve been talking Civics 101.” Marshall sighed and paused several more moments, surveying the faces of the men surrounding him. “Do what you have to do, Mr. Garin. I’ll have your back. That’s all I can say.”
“Understood, Mr. President.”
The line went dead.
Olivia looked puzzled. “What in the world does that mean?”
“It means a good man has been put in an impossible position,” Garin replied. “And I’m going to do my best to get him out of it.”
CHAPTER 66
MOSCOW,
AUGUST 17, 9:58 P.M. MSK
Yuri Mikhailov rose from the chair behind his desk and arched his back. Sitting for long periods of time occasionally produced lower-back spasms, a consequence of a weight-training injury during his days as an athlete. His physician had recommended surgery, but Mikhailov considered the pain a mere nuisance he could live with.
There was a short rap at the door and Vasiliev entered.
“Piotr Egorshin is dead.”
Mikhailov showed no reaction. His face was impassive. Vasiliev had seen the look many times before. It wasn’t indifference. It was cold, shrewd calculation. The ultimate poker face. Mikhailov’s mind was assessing the implications and formulating a strategy. Several questions and commands would be forthcoming.
Vasiliev said, “He was found in Palinieva’s apartment a short time ago. He’d been shot in the head.”
“Stetchkin,” Mikhailov said.
“Evidently.”
“I want to know who Stetchkin commissioned to kill Egorshin and where that person is within the next thirty minutes. Direct FSB to send me transcripts of all of Stetchkin’s communications—whether by landlines, cell phones, laptop—for the last twenty-four hours. I want transcripts for the communications of all of his principal assistants also. Tell FSB Stetchkin is not to leave their sight. And then tell Stetchkin to be here at precisely 7:00 A.M.”
“Anything else?”
“Does Egorshin’s death affect our plans in any way?”
“Stetchkin was right. Everything is in place. Egorshin’s death is immaterial to the success of the event.”
“I told him he could take no action against Egorshin. I was clear about that.” Mikhailov paused. “Where is Palinieva?”
“She was the one who found Egorshin’s body in her apartment upon returning from a meeting. She placed the call to Moscow police. I assume she is still at the apartment.”
“Make sure there is sufficient security with her at all times. She is to be kept perfectly safe. And Stetchkin must not be permitted anywhere near her.”
Vasiliev nodded and began to leave.
“Wait.”
Vasiliev stopped, turned, and nodded deferentially.
“Who will execute the event now that Egorshin is dead?”