LITMIR.BIZ

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out. I have offered Diane Conway an interview before we leave for the plane. She writes for the local paper. The Washington crowd can follow her lead. It is refreshing to converse with someone outside the Washington bubble. She listens without an ideological agenda.

      “Enough business for now,” the president said firmly, but kindly. “I want to spend this time with the families.” Taking Janet’s hand, they walked to the group of waiting relatives and friends and joined them at a table for lunch.

      An Unanticipated Result

      The call between David Barnes and Darrell Reed was a report on Dr. Bristol’s bad day that had just gotten worse. The hearing with Judge Hightower had not gone as Professor Trice expected. One minute into the hearing, as Larry Jordan explained the government’s position and the immediate national security need for the documents and answers to relevant questions, the judge interrupted.

      “Wait a minute, Mr. Jordan. Do I understand you to be telling me that the CIA has traced communications through a known terrorist website — one that is actually being used to communicate with American operatives in preparation for an attack within the continental United States — to the Harkins Graduate School of Education computer lab, and they are refusing to provide the government relevant information?”

      “Yes sir, communications were forwarded through that website and had been used by others in the United States in connection with the recent attacks in Williams. Plans for others which are under investigation,” Jordon replied.

      Turning his attention to Professor Trice, the judge said, “Your reputation surely precedes you here, but you better have a real argument on why your client is refusing to produce documents and answer questions. I am setting an evidentiary hearing on this matter in fifteen minutes. Mr. Jordan, I want the government to set up a conference line to my office, and in fifteen minutes I will expect a call. I want evidence that what you are telling me is correct. Dr. Trice, you produce whomever you want on that same call to provide evidence that the government is wrong — or whatever your client’s legal justification is for ignoring the subpoena — and for you instructing a witness not to answer questions. Fifteen minutes,” and he hung up.

      “Jim, set up the conference line while I get a hold of Darrell Reed,” Jordan yelled.

      Trice turned to Dr. Bristol, and out of the earshot of Jordan quietly said, “You are our only witness. You will have to testify about what the president said in the call. Be careful not to conflict with your affidavit. Here, I have a copy. Read it quickly.”

      “I don’t like this,” Dr. Bristol responded. “This is getting out of hand. It is one thing to play the media, but the media isn’t here.”

      “Just leave it to me,” Trice answered. “You can’t win if you don’t fight.”

      The Hearing

      Before the hearing commenced, Jordan asked the court to seal the proceeding because of the national security disclosures that would be required. “Absolutely,” the judge responded. “This hearing is sealed, and the parties and their lawyers are instructed that nothing communicated in the hearing may be repeated to anyone without advance authorization by order of the court.”

      “Mr. Jordan, call your first witness.”

      The hearing was candid and chilling as Darrell Reed answered questions from Jordan and the court. The cross-examination was ineffective as there was no government effort to do anything beyond attempting to stop the planned attacks. The testimony of the connection between the communications from Cambridge and what was happening in Williams was particularly useful. The judge had taken a recess from pending matters to watch the memorial service, and it was during that service that Jordan’s call had come in.

      Darrell was as careful as he was smart and disclosed nothing of substance about MD or Iran. No one from the government side trusted Professor Trice to honor the court’s confidentiality order.

      After Reed’s testimony was completed, the judge turned to Professor Trice and said, “I have heard enough from the government. What is your response? Call your first witness.”

      An unexcited and uncomfortable Dr. Harold Bristol then sought to explain how the president was after Arabs as a racial group. He shared that the disclosure of the alleged use of the Harkins Graduate School of Education computer lab by a possible terrorist student or faculty member would cause the university irreparable harm. Professor Trice then made his student record confidentiality argument, along with violating the civil rights of unknown Arabs argument, finally throwing in the danger of profiling argument as his conclusion.

      “I don’t need to hear anything further from you, Mr. Jordan. I am ready to announce my ruling.

      “I find that there is clear and convincing evidence of a threat to the security of the United States, and probable cause that a crime has been committed by use of the Harkins Graduate School of Education computer lab. Because of restricted access to the lab, I further find that the perpetrator was most likely either a Harkins employee, faculty member or student and that the government has an immediate need for information regarding those who would have had access and could be the perpetrator. I find that the call from the president was an attempt to obtain the needed information in a confidential manner in order to protect the university and speed the process so that the perpetrator could be identified and apprehended. Finally, I find no legal justification for the refusal of Dr. Bristol to produce the subpoenaed documents or for Professor Trice to violate the rules of civil procedure by instructing the witness not to answer questions from the government.

      “I order that the deposition of Dr. Bristol be continued until 1:00 PM tomorrow, at which time it will commence in my chambers. I am to be present until it is concluded. The plaintiffs have until 1:00 PM tomorrow to produce all documents requested by the government. Dr. Trice is sanctioned by this court for his knowing and willful violation of the rules of civil procedure and is fined $1,000, which shall be paid to the government by 1:00 PM tomorrow for their cost and expense required to reschedule this proceeding and force compliance. The $1,000 is to be paid from the personal funds of Professor Trice, and not be reimbursed by his client or any third party. This is a personal sanction against him.”

      Speaking slowly and deliberately, Judge Hightower continued, “Dr. Bristol, Professor Trice, listen closely. If this order is not fully complied with by 1:00 PM tomorrow, or if during the continuation of his deposition Dr. Bristol evades a question or is instructed not to answer a legitimate question, I will hold the violating party in contempt and send them immediately to jail. There will be no further delay. Am I clearly understood?”

      “Yes, your honor,” all parties responded.

      Disappointment in Carmen

      In Carmen, Arizona, Seth Wilson had completed his interview with Juan Martinez, the High School Junior who had observed and reported suspicious activity at the old Craig place involving over the road trucks. Juan had given a sworn statement on what he saw, which Wilson took to the local police station as a basis for further investigation.

      “Sergeant Thomas,” Wilson began, “I need for you and some of your men to accompany me to the Craig place to interview the occupants. Based on what Juan Martinez observed, and upon our continuing investigation, Homeland Security believes that the Craig place may be where terrorists sent over the border have come to be transported to their assigned places in the US for future attacks; perhaps like we have seen in Williams, perhaps part of something much larger. We simply don’t know for sure right now. Our real concern is that all Juan ever saw was Arab men. The men in the house, the drivers and the passengers were all Arabs. That is really suspicious in this day of terrorism on our shores.”

      “Listen, you have more than enough evidence to get a search warrant from Judge O’Connor,” Sergeant Thomas answered. “Let’s go there first. If your suspicions are correct, we need to be prepared to move immediately.”

      It didn’t take long to get the warrant, and soon two Carmen police cars raced to the old Craig place, one approaching from the front while the other came up the street behind the house to cover any attempted escape out the back. With guns drawn, Sergeant

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