The Eighth Sister (Charles Jenkins #1)(113)
“No.”
“You didn’t know that he’d been trained to get an interrogator to believe he was telling the truth when he was, in fact, lying?”
“I don’t know whether he had that training or not, but I’m not an interrogator. I’m a forensic psychiatrist. I would have known if he was lying.”
Velasquez gave that answer a smile, and let the jurors see it. “If we were to believe his current story, we’d have to believe he was skilled at lying, wouldn’t we?”
“I don’t follow.”
“Wouldn’t we have to believe that he successfully lied to Russian FSB officers and got those officers to believe he was telling them the truth? Wouldn’t we have to believe that?”
“I suppose we would,” Beckman said.
“So, we can assume Mr. Jenkins is a pretty good liar, can’t we?”
“Objection, Your Honor, argumentative,” Sloane said.
“Sustained.”
Velasquez, having made her point, sat.
After a brief redirect, with the end of the day approaching, Harden adjourned the proceedings. Velasquez waited until the jurors had left the courtroom, then said, “Your Honor, we have a motion concerning the defense’s subpoenaing of Carl Emerson to appear and testify and would request that the courtroom be cleared.”
“So, you found him,” Harden said.
“We did,” Velasquez said.
“A blank envelope was slipped under my law firm’s door with the address inside. I found the envelope yesterday morning,” Sloane said.
Harden cleared the courtroom, then looked to Velasquez. “Proceed with your motion, Ms. Velasquez.”
“Your Honor, based on the Ninth Circuit’s decision that the LSR&C documents are classified under CIPA, the government objects to the defense’s subpoenaing Mr. Emerson. Mr. Emerson cannot testify as to subjects set forth in documents designated by the court of appeals as classified and potentially damaging to national security. Nor can those documents be used to impeach him. Therefore, the government moves to quash the subpoena to Mr. Emerson.”
“Mr. Sloane?”
“Mr. Emerson’s testimony is not the same as asking him about classified documents. We certainly don’t intend to introduce the documents, but that does not preclude us from asking Mr. Emerson questions about his relationship with TBT Investments and TBT’s relationship to LSR&C. This is a critical portion of our defense, and it is the defendant’s constitutional right to defend himself.”
Harden continued flipping through the government’s motion, then flipped it back to its original page and set it down. “I agree, Mr. Sloane. CIPA protects the documents. It doesn’t prohibit you from asking Mr. Emerson questions about his relationship to the two companies. The defendant has a constitutional right to defend himself, and while I will not allow you to go so far as to injure national security, I do believe you have the right to ask Mr. Emerson questions, and I believe this jury has a right to hear him testify. I’m hereby ordering the government to produce Mr. Emerson in this courtroom, tomorrow morning at nine a.m. at the defense’s expense.”
“Your Honor,” Velasquez started.
Harden cut her off. “Do not, Ms. Velasquez, give me the same song and dance about the government having no authority over Mr. Emerson. I’m willing to accept that the envelope that appeared under Mr. Sloane’s office door did so by magic, as opposed to the other possibilities, such as the government deliberately misleading this court from the outset, but my suspension of disbelief will only go so far. Have Mr. Emerson here tomorrow morning, or I will hold the government in contempt.”
“I’m not sure he did us any favors,” Jenkins said to Sloane as they walked from the courtroom. “Emerson could admit he was working for the CIA, even go so far as to say that LSR&C was set up to provide funds to operatives and operations, but deny that he met with me, which will bolster the government’s argument that my defense is nothing more than a convenient excuse I fabricated, after Mitchell Goldstone and LSR&C were indicted, to keep my ass out of jail.”
“If Emerson is going to be here, the jury is going to expect me to put him on,” Sloane said. “My thought is we keep his testimony short, establish that he worked for TBT Investments, and that he came to Seattle at roughly the same time you claim to have met with him. If he lies, I can argue to the judge that I should be able to use the documents to impeach him, that he can clear the courtroom of all but the jurors, but I’m not sure he’ll allow it.”
They worked late into the night, until everyone started to fade. Jenkins followed Sloane into his office to wait while Sloane checked his e-mail.
Sloane did so and groaned. Then he swore under his breath and said, “Maybe we won’t have to worry about questioning Emerson after all.”
66
The following morning, Judge Harden’s clerk entered the courtroom and advised that Harden wished to see counsel in his chambers. Sloane looked to Jenkins and nodded. Both knew the reason.
Jenkins and Sloane followed Velasquez and the other government attorneys down a narrow hall to the judge’s chamber. The court reporter was tucked into a corner of the room with her machine. Judge Harden stood behind his desk. His judicial robe hung from his coatrack, along with his suit jacket. At the side of his desk he’d placed the four boxes containing the LSR&C documents.