While Justice Sleeps(115)



“Excuse me, sir, but how is this in his best interest? It appears to serve your interests more.”

President Stokes froze for a moment, then gave a deprecating smile. “Justice Wynn and I certainly did not agree on many of his positions, but I respect the man’s commitment to the law. Ms. Keene does not believe he would want to stand in the way of the Court’s operations, especially so close to the end of a critical term. Several opinions remain to be issued, and without his participation, justice may be delayed. I think he’d feel—as Ms. Keene does—that to do so is contrary to his oath as an officer of the law.” Pivoting away from her, he indicated another reporter. “Ben?”

    “Mr. President, as you just pointed out, the Supreme Court only has four days remaining in term, then it and the Congress go on recess. Without Justice Wynn, the Court will sit at eight members, and we know that he was the swing vote on a number of issues. What exactly will this resignation accomplish?”

“It will provide clarity for the Court and permit the immediate search for a worthy successor to Justice Wynn.”

“You believe Congress will confirm a successor that quickly?”

President Stokes inclined his head at the majority leader. “I think Congress will do what’s in the best interest of the nation. Look, the Supreme Court can extend its term if it chooses. The June term is tradition, but if they wish to go longer, they can. With the critical issue of an empty seat, I’m certain Congress will act swiftly in the interest of justice.” Let the reporters figure out that he could simply make the appointment while the legislature enjoyed the Fourth of July. His very own Oliver Wendell Holmes. He nodded to a friendly face. “Sophie?”

“Mr. President, have you already developed a short list for the spot?”

“I have not. Last question. Casey?”

“Thank you, sir. Is Ms. Keene denying rumors of drug use and”—he checked his notebook—“allegations that she was detained by the FBI over the weekend to prevent her from exercising undue influence over Justice Wynn? And isn’t the White House concerned about the DC probate court’s decision to recognize her guardianship instead of his wife, Celeste Turner-Wynn, who is a friend of your family?”

“Judge McAdoo found no cause to remove Ms. Keene as guardian, and that is the end of the matter, as far as the White House is concerned. This resignation will accomplish a fitting resolution for all involved. Those cases hanging in limbo will have their final answers, which is the job of the Court.”

“Including the challenge to your presidential authority by Nigel Cooper?”

President Stokes gave a thin smile. “The Court will undoubtedly rule on the role of the president in discerning national security. This isn’t a schoolyard fight. It is a matter of protecting this nation. But yes, I believe the Court will recognize that a ruling would be most prudent.”

    “Ms. Keene, will you respond to allegations about your relationship with Justice Wynn?”

Before the president could stop her, Avery stepped forward and touched his arm. Nonplussed, he glared at her.

“If I may?” she asked sotto voce.

Prepared to make her first and last statement to the press, she waited while President Stokes reluctantly yielded the lectern. She cleared her throat once, then a second time. “Justice Howard Wynn has been my mentor and my employer. Nothing more. Any rumors to the contrary besmirch the reputation of a man who has spent his life in service of this nation. For printing those lies, you should be ashamed—except that Justice Wynn would support the right of a free press to print any opprobrium, especially about him, as long as it used a good adjective or nice turn of phrase.”

An appreciative laugh came from a reporter in the front row, and others joined for a few seconds. Then Avery continued: “He despised the willingness of the powerful to prey upon the weak. He found the use of authority in the pursuit of illegal acts to be contemptible. In an age of terrorism, he held fast to the notion of freedom, refusing to permit desperation to rob us of our humanity.”

Her eyes hardened, as did her tone. “His core belief held that the pursuit of right should not end at the courthouse steps but must prevail when all other avenues have been blocked. He celebrated the nuance of law, its supple ability to cure impossible ailments. Even as we mourn his illness, we must cheer his dedication to service. What I do here today will provide a clear path to his most sacred principle—justice.”

She turned away as questions pelted her. An irate and upstaged President Stokes flicked a pissed look to the press secretary, who came to the lectern. “A statement will be available in the pressroom. Thank you all for coming.”

The press secretary ushered them inside, and soon Avery stood with Ling and the president alone. “You have the letter, President Stokes.”

Behind her, Ling quietly asked, “It’s done?”

President Stokes lifted the letter from his desk. “Legal counsel says he’s off the bench.”

    “Now what?”

The question came from Ling, but Avery had the same thought. Her cell phone rested in her suit pocket, set to vibrate when the call came through. They should have heard the signal, should be closing in.

“I have taken the liberty of asking for Homeland Security’s assistance with the matter of your mother, Avery,” President Stokes said. He depressed a button on his desk, and the anteroom door swung open to admit Major Vance. “I believe you know my liaison to the White House.”

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