Balance of Power

SIXTEEN

Shortly after the vote, President Kerry Kilcannon returned to the White House press room.

Whether he should do this was a matter of some debate—Clayton, for one, was worried that the potential appearance of triumphalism would ill suit a President who had sustained such personal damage. But it was time to reassert himself, Kerry felt, and he also had a debt to discharge. Stepping behind the podium he felt lighter, more confident than he had since the miserable day when the SSA had forced him to come here to acknowledge Lara's abortion.

With an air of ease and command, he scanned the reporters jammed into their appointed chairs. "Let me begin," he told them, "by publicly thanking the fifty-six senators who voted to sustain our veto of the Civil Justice Reform Act—and, most of all, Senator Chuck Hampton.

"This was a difficult fight. I am fortunate to have the aid of Senator Hampton on the next two legislative battles—for passage of our gun safety proposals, and Senator Palmer's effort to clean up our shameful and corrupt system of campaign finance." Kerry permitted himself a smile. "I'm also grateful to Senator Fasano for his agreement to bring those bills to a vote, without delay."

Kerry paused for emphasis, and his expression became serious. "I also want to express my respect for George Callister. His testimony not only exposed the SSA's control of the gun industry, but meant a great deal to me personally. He is an honorable man, and I look forward to working with him and other leaders of his industry to make our society safer."

Nodding briskly, the President signalled his willingness to take questions, then jabbed a finger in the direction of John King of CNN. "Mr. President," King said, "it seems likely that Mr. Callister's revelations expose the SSA to the risk of a sizeable verdict in Mary Costello's lawsuit. Do you agree, and how will that affect the political prospects for the passage of your gun bill?"

Briefly, the President considered his answer. "With respect to the lawsuit, it's not appropriate for me to comment on specifics. Obviously, the recent revelations—and I expect there will be others—will change the dynamics of the gun debate, both legally and in terms of public attitudes.

"The bottom line is this—I believe that my gun legislation will pass, and that thousands of men, women, and children will live who otherwise would have died."

"As of now," King persisted, "do you think that the SSA is a political leper?"

" 'Leper,' " Kerry answered with a smile. "Is that a term of art?" His smile faded. "I'll leave the phrasemaking to you, John. Obviously, this has been a difficult time, both for the First Lady and for me. I hope now there will be a greater public understanding of why we've persisted in this issue—one that transcends our personal history and focuses on the more than thirty thousand people other families lose to guns each and every year."

Glancing about, Kerry spotted the person he was looking for, a young woman from the Associated Press. Pointing in her direction, he said, "Marcia?"

She stood. "Sarah Dash—the lawyer who made public Mr. Callister's testimony—is now facing a contempt hearing. As a former lawyer yourself, do you have any comment?"

Gazing down at the podium, the President feigned thought. "I need to weigh my words here," he began. "Just as the judge has to weigh the respect due his orders against what one might consider the larger moral context.

"Strictly as a moral matter, I think Ms. Dash acted in the tradition of those who have risked adverse personal consequences to themselves in order to save lives, and expose the wrongdoing of others." Pausing, Kerry finished mildly, "Obviously, the judge did not intend his order as a cover-up for perjury, obstruction of justice, and the attempted blackmail of a President."

When the press conference was done, Clayton greeted Kerry in the hallway. "I hope Bond watches television," he said.

Kerry laughed aloud. "Oh, I think he'll get the message. Just remember we owe a favor to Kit's friend from the Associated Press."

* * *

With Lenihan at one side, Mary Costello and the Director of the Kilcannon Center at the other, Sarah Dash stood before Judge Bond. The benches behind them were full, and more reporters stood at the

rear of the courtroom. After weeks of judicial secrecy, Gardner Bond had lost the ability to shut out the press and public. But such was Bond's pride of place that this left Sarah no less apprehensive than before. His posture was stiff, his expression suffused with the offended dignity of an egotistical man to whom his primacy was all.

"Did you," Bond demanded of Lenihan, "know what your client and cocounsel intended?"

"I did not," Lenihan answered. "But Ms. Costello wishes me to advise the court that it was she who made the final decision."

Briefly, Sarah felt Mary touch her arm, and then Bond glared at them both. "Ms. Dash," he snapped, "is an officer of this court. Her role is to admonish her client to obey Court orders, not to foment their violation."

"I understand, Your Honor," Lenihan said agreeably. "But I also think that President Kilcannon put it very well. Ms. Dash acted to prevent a larger injustice . . ."

"Ms. Dash," Bond snapped, "acted to affect the political process in a manner adverse to the defendants."

"Forgive me," Lenihan answered more quietly. "But, given Mr. Callister's testimony, it's somewhat hard to see the difference."

Though visibly annoyed, Bond hesitated. On impulse, Sarah said, "May I be heard, Your Honor?"

Curtly nodding, Bond answered with veiled sarcasm. "Please."

Sarah's own voice was shaky but determined. "I do believe that politics and morality should coincide. As should justice and morality.

"As a lawyer, I deeply regret abridging this Court's order. It was a painful choice, and I apologize to you for the offense caused by the choice I felt I had to make." Sarah paused, then decided to take a chance. "As I made it, I could only hope that it was a judgment the Court would have considered making, had it stood where I stood, and known what I knew . . ."

"You're badly mistaken," Bond interjected sharply. "The choice was this Court's, not yours. Your only role was to ask me to dissolve the order."

Helpless, Sarah moved her shoulders. "There was no time," she said simply.

This clear reference to the Senate's pending vote seemed to deepen Bond's annoyance. Behind her, Sarah heard John Nolan's voice. "May I speak on behalf of Lexington, Your Honor?"

Bond gave a slightly more pacific nod. "Counsel."

Stepping forward, Nolan glanced at the piece of paper he held.

"Your Honor," he said in a subdued voice, "in light of my client's reevaluation of its interests in this litigation, our firm may be withdrawing as counsel. However, Mr. Callister has directed me to tell the Court that Lexington does not ask for, or endorse, any sanctions against Ms. Dash. However much or little that may weigh in the Court's consideration."

As surprised as, judging from his expression, was Gardner Bond himself, Sarah saw an indignant Harrison Fancher quickly rise to seek the judge's attention. "I assume," the judge said tartly, "that you don't share Mr. Callister's somewhat gratuitous beneficence."

"We do not." Fancher's tone was one of open anger. "The SSA views Mr. Callister's testimony as slander—a tissue of lies used by Ms. Dash and her client, in blatant disregard of this Court's order, to shift the blame for the shootings to the SSA and to curry favor with the President. Who, as we all know, is the éminence grise of this entire travesty of justice."

Fancher shot a venomous glance at Sarah. "For her role," he concluded harshly, "we believe that Ms. Dash should face disbarment. That's a proper sanction for a lawyer who can't conform herself to the law."

Beside Sarah, Lenihan prepared to respond. Swiftly, she whispered, "Let it go, Bob."

He gave her a puzzled look, but Sarah was watching Bond. The judge, confronted for the first time with a packed courtroom, was forced to consider how appearances might affect his own prospects of promotion, fully aware that the sole counterbalance to the President's measured comments was the harsh demand of a very besmirched SSA. To Sarah, Bond's stern air seemed newly tempered by a hesitance which betrayed the tacit erosion of his power.

"All right," he snapped. "By their own admission, Ms. Dash and the Kilcannon Center stand in contempt of court. It is not up to lawyers to select which orders to obey. Accordingly, the Court orders that Ms. Dash and the Kilcannon Center each pay a fine of two thousand dollars. The Court will also send a copy of this order to the State Bar of California."

Abruptly, Bond cracked his gavel. "All rise," his courtroom deputy intoned. As the onlookers stood, Bond strode stiffly from the bench, covering his retreat with a last show of judicial dignity.

Glancing at Nolan and Fancher, Sarah suppressed a smile. The jaws of Kerry Kilcannon's trap had shut on them at last. Perhaps she would not have Nolan to kick around anymore, but she intended to nail Harrison Fancher's client to the wall.