The Eighth Sister (Charles Jenkins #1)(101)

Jenkins smiled when he read that sentence calling his request a fantasy and the government’s further response that it had no knowledge of Carl Emerson’s last-known address.

“Maybe they know we have the documents,” Sloane said, with respect to the request to seal the matter. “Or maybe they’re just being cautious.”

The next day Sloane filed a motion to compel, and he requested oral argument. He also opposed the government’s request to close the proceedings. “I want to draw another crowd,” he told Jenkins, “which we can use to hopefully alter the public’s perception of you.”



The following week, Sloane, Jenkins, and Jake appeared in court before Judge Harden, who had granted the government’s request to seal the pleadings and close the hearing to the public. Sloane told Jenkins not to worry, that their foremost intent had been to change Judge Harden’s opinion. As before, the government brought a gaggle of attorneys to stand beside Velasquez.

After Harden took the bench and opened the proceedings, Sloane explained that Jenkins intended to argue that he had been authorized by Carl Emerson—acting for the CIA—to disclose certain information to the Russians as part of a CIA operation. “The documents are therefore critical to my client’s defense, as is Mr. Emerson.”

Jenkins could almost hear the crackle of intensity in the courtroom.

After Sloane’s argument, Velasquez responded in a dismissive tone intended to convey incredulity. “Your Honor, the government is unaware of the existence of any such documents, because the defendant’s supposed defense is a fantasy. The government cannot produce what does not exist. There are no documents relevant to the make-believe theory that Mr. Jenkins was working for the CIA when he traded agency secrets for money. As for Mr. Emerson, he worked with Mr. Jenkins in 1978 in Mexico City.”

Harden looked to Sloane. “Mr. Sloane, the government cannot produce what it doesn’t have.”

“Certainly not,” Sloane said. “But I would ask the court to ask Ms. Velasquez if the government actually searched for the requested documents.”

Harden looked to Velasquez. “Counsel?”

Jenkins watched closely. Velasquez sighed. “Your Honor, the defense can’t look for something that doesn’t exist. The defense is pulling rabbits out of its hat and creating a total fabrication to confuse the very simple issue before this court: Did the defendant trade government secrets for money?”

Jenkins suppressed a smile.

Harden again looked to Sloane. “Mr. Sloane?”

Jenkins knew Sloane would push the matter further so Velasquez could not later vacillate.

Sloane did just that. “Your Honor, with all due respect, we can’t tell from the government’s written response, or from the statements made by counsel in court this morning, if the government did not search for the documents, in which case Ms. Velasquez’s response is based on ignorance, or if the government looked, but Ms. Velasquez is deliberately attempting to mislead this court because such documents would reveal damning information that Mr. Jenkins’s ‘fantasy,’ as the government put it, is in fact a reality.”

Velasquez bristled at the accusation, which Jenkins knew Sloane had intended. “Your Honor, I resent the insinuation made by counsel, and I reiterate that the defendant’s argument is a total fabrication. To look for nonexistent documents would be a waste of time and resources, and Mr. Sloane knows this.”

And there it was, Jenkins thought, anticipating what was to come.

Sloane turned to Jake, who provided him with a stack of documents, all date stamped with letters and numbers to show that Sloane possessed the “nonexistent” documents. Jake also provided a memorandum summarizing each request to which the documents specifically related. “Your Honor, if I may approach,” Sloane said.

Harden waved Sloane forward, curiosity creasing his otherwise impassive face. Sloane handed the stack of documents to the clerk, who handed them to the judge. Once they were securely in Harden’s hands, Sloane returned to the counsel table and handed a duplicate set to Velasquez. Jenkins watched her reaction as Sloane continued his attack.

“What the defense has just presented are copies of LSR&C documents that state, very clearly, that LSR&C was a CIA proprietary, that Mitchell Goldstone was working under CIA authority, and that Carl Emerson—whom the government has already acknowledged worked for the CIA, but who has apparently vanished into thin air—was utilizing the alias Richard Peterson to serve as the COO of an LSR&C subsidiary, TBT Investments. We’d simply like to know what additional documents exist.”

Velasquez looked about to explode, but Sloane pressed on before she could interrupt him. “Mr. Jenkins’s security company, CJ Security, provided security for the employees and the clients of LSR&C in offices all over the world, and it was to be paid to provide those services by LSR&C—aka the CIA.”

“Objection, Your Honor,” Velasquez said. Red in the face, she clearly struggled to control the volume of her voice. “Those documents are classified.”

“Your Honor, would those documents that the government now claims to be classified be the same ‘fantasy’ documents the government contends don’t exist?” Sloane asked. “Because I don’t believe the government can move to classify documents that don’t exist. That would be a ‘total fabrication,’ wouldn’t it?”