Marine One

20

NEVER DID I think bringing a motion for a protective order would work against us. The next day was the date set for the first lady's deposition. I was up most of the night and early in the morning doing the final preparation. I was driving to Hackett's office with Rachel when they announced on NPR that Hackett was holding a press conference to disclose "dramatic new developments" in the case against WorldCopter. He was undoubtedly holding the press conference in the very office where the deposition was about to take place, the one subject to the newly issued protective order excluding everyone except parties to the lawsuit and their attorneys. Journalists from all over the world were probably standing in the reception area of his law firm where he had placed a lectern on which to mount all the microphones. NPR switched live to the press conference, and Hackett's unmistakable voice came through our radio.

Hackett said, "Thank you for coming so early this morning. I'm sorry to get you out of your normal routine, but this development was so remarkable to me that I wanted to let you know as soon as I had heard of it. First of all, for purposes of background, the first lady's deposition is set for this morning at nine o'clock. I would like for you to be able to see it, to hear the questions asked and answers given as with Mrs. Collins, but WorldCopter is apparently unwilling to let others see the kinds of questions they ask the widows in this case. They have asked the court to keep the press, and the public, out of the deposition so I will be unable to let you attend the deposition. For that I apologize, but it is out of my hands. I believe in full disclosure, but I am not in control of WorldCopter or their tactics.

"But my reason for talking to you this morning is something that happened last night. I received a phone call from a gentleman with whom I've spoken before. He had approached me with evidence that he said would solve the case for all of us. I, of course, rejected it immediately as an obvious scam. Yet, apparently yesterday, attorneys for WorldCopter and the vice president and general counsel of WorldCopter himself agreed to pay this man one hundred fifty thousand dollars for forged Marine Corps maintenance records. They were apparently so eager for good news in this case that they walked into a con. He apparently had access to some blank Marine Corps maintenance sheets, made up some fake records, and sold them to WorldCopter." Hackett paused, looking at the journalists. "I am shocked and saddened that WorldCopter would resort to such desperate tactics to avoid liability in the case where their helicopter is responsible for the death of the president of the United States and six others."

Several reporters began yelling questions. Hackett said, "I'll have time for a few questions at the end. But there's another thing; not only is it bad judgment to try and buy a witness, to buy testimony that is favorable to your case, but it's unethical. The attorney involved here, Mr. Mike Nolan of Annapolis, Maryland, the attorney in charge of the defense of WorldCopter, violated the ethical rules of the state of Maryland.

"Because of that, we will be filing a motion for sanctions against WorldCopter and Mr. Nolan, and a motion to disqualify Mr. Nolan as counsel for WorldCopter due to his unethical conduct. We're frankly surprised by these developments as Mr. Nolan was not known to violate the ethical rules, at least not to this extent, prior to this time. So as I said, we will be moving to disqualify him and for sanctions against him and WorldCopter. The motion is already prepared and will be filed later today. I do want you to know as members of the press, though, that this will in no way delay the trial that is currently scheduled for sixty days from today. We are going to trial because we need to have our day in court. The first lady has waited long enough for justice, and justice delayed is justice denied."

The journalists were in disbelief and hurled questions at Hackett.

"I'm sorry, I just noticed the time. I must go prepare the first lady for her deposition with the same Mr. Nolan. I don't know what he has in mind, but we certainly need to discuss what he might try to do at this deposition. Again, I'm sorry that you cannot attend because WorldCopter did not want you to be there. I therefore regrettably don't really have time for the questions I know you have and that I expected to be able to answer. I need to go back to my office. But Mr. Nolan will be here shortly to conduct the deposition. There is no protective order from the court that says you can't ask him questions. And you're welcome to stay here in the lobby of my office until the deposition starts. Thank you."

Rachel muttered, "You've got to be shitting me."

"Don't worry about it. He's overplayed his hand this time."

Rachel sat up and turned toward me. "How, exactly? Didn't Tripp offer to pay this liar? And that doesn't make us look bad?"

"He offered all right. Sort of. But this isn't as simple as Hackett thinks."

"Well, help me understand then. 'Cause it looks pretty simple to me."

"You'll hear it when I tell the press."

We entered the District of Columbia at a snail's pace with the rest of the traffic coming in from Maryland. We arrived at Hackett's building, parked in the garage, and came up in the elevator. By the time I got to Hackett's office, the journalists had not only not left, they had increased in number. Those who hadn't been invited to the press conference had heard that the deposition was about to occur and immediately went to the office. The reception area was jammed, and they were all waiting for me.

As I opened the door and walked in with Rachel, they began firing questions. Did you pay a witness to testify against the first lady? Can you go to jail for ethics charges? Do you think WorldCopter will keep you on the case after this ethical breach? Will the judge hold you in contempt? Will she put you in jail? Have you been charged with ethics violations before? Why doesn't WorldCopter admit it was their fault and settle the case? Are you going to ask the first lady about her sex life with the president? Why did you ask the judge to keep us out of the deposition? Are you trying to hide something?

I put my hand up, smiled, and asked if they could please excuse me so I could get through to the conference room. Two refused to move from the door to the conference room unless I answered some questions. I turned to the journalists. "I don't believe in trying a case in the press."

They were not to be deterred. My statement just encouraged them. I turned, put my briefcase down, and moved to the podium that Hackett had so recently vacated after his press conference. "All right, I'll answer a couple of questions, but I don't have much time."

I stood behind the microphones, which they had notably not taken off the podium. "Yes," I said, pointing to a female journalist in the front.

"What do you have to say about the charges of Tom Hackett that you tried to pay a witness to testify to false information? Did you meet with a witness who wanted to be paid?"

I waited for the group to become completely quiet. "Mr. Hackett seems to have gotten some bad information. A few days ago I did receive a phone call from a gentleman who refused to identify himself and said he had conclusive proof that the accident was not WorldCopter's fault. This was obviously of interest, but he said he wanted to be paid for his testimony. I met with him and his attorney to evaluate him, and then met with him a second time to hear him out and find out what his terms were. It became clear to me that his request would be impossible. However, I obtained from him a sample of the evidence he said he could produce. It was a single-page maintenance record.

"We did not tell him no, and we left him with the impression that we were going to meet his demands. But of course we weren't, and we didn't. Since I had met him before and could describe him, the second time we met, I had my private investigator post some of his coworkers at every conceivable exit from the building in which we met. We had him followed. We know where he lives, and what he drives.

"But most important, I gave to my investigator my copy of the bogus maintenance record this gentleman had given to me. As I suspected, since it was that shiny kind of copying paper, there was a good fingerprint on it. The Washington, D.C., police were happy to trace this print for us as it would lead to the identity of someone trying to defraud those involved in a very important civil case.

"The man claiming to have records is a convicted criminal from New York. He is known to associate with a certain William Watters."

The journalist was stunned. She couldn't not ask the question. "Who is William Watters?"

"I believe he is a private investigator who has worked with many New York attorneys in the past. Check him out."

Someone yelled, "Including Tom Hackett?"

"Ask him."

"So you didn't pay the witness?"

"Of course not."

"What about the deposition? Why did you ask the court to close the depositions to the press?"

"Well, since Mr. Hackett is so familiar with Maryland State Bar ethics opinions, he should also be aware of the bar opinion where a plaintiff's attorney from Baltimore was disbarred for repeatedly trying his cases in the press. Several of the type of statements Mr. Hackett insists on making to you are prohibited by the Maryland Code of Professional Responsibility. You can't make public statements that are intended to bias prospective jurors. That's what seems to be happening, at least if journalists are any indication of public perception. So because it is unfair to my clients to try this case in the press, I asked the court for the chance to have this case tried in a courtroom, where it belongs. You may not like that, which I understand, but that's what the court thought was the right result as well. Now if you'll excuse me…"

I headed toward the conference room. As we entered, Rachel said quietly, "Do you think we should have told them about Tinny?"

"I just told them we had an investigator."

"Everyone knows who you use."

I shut the door behind me. The court reporter and the videographer were in place for the deposition. Hackett was there, the Secret Service was there, and the first lady sat across the table from the point where I entered. It was the first time I'd ever seen her in person. She was beautiful. She was elegant and composed and would make the best imaginable witness.

"Good morning. Everyone ready? I'm sure we all want to get out of here as soon as we can."

Hackett stood and reached across the table to shake my hand. "Good morning, Mr. Nolan," he said, trying not to smile.

I shook his hand.

He said, "Do you expect to continue on this case now that you'll be facing ethical charges?"

I stared at him. "I guess you didn't hear what I just said to the press. Why don't you ask me that question again after you've had a chance to hear it."

He looked confused. "What did you say?"

I took off my coat, put it on the back of my chair, and was about to sit down when the first lady rose. She smiled at me and held out her hand. "Good morning, Mr. Nolan. I'm Rebecca Adams."

I smiled at her as I shook her hand gently. She had soft hands but a firm handshake. I noticed her thin fingers. I was surprised that while she had probably had a manicure, she wore no nail polish, nothing fancy. "Yes, ma'am. I know who you are. It's very nice to meet you. I'm sorry we have to meet under these circumstances."

"So am I."

She sat back down. She was wearing an expensive dark green suit with a cream-colored silk blouse. She was taller than I had expected. She was probably five-eight. I don't know what I'd expected, probably five-five or so. Her light brown hair was pulled back in a fashionable style, and she looked poised and ready to go.

I pulled out the binders that Rachel had prepared, glanced at my outline, turned to the court reporter, and said, "Please swear the witness." The first lady turned toward the court reporter, raised her hand, swore to tell the truth, and turned back to face me.

The first couple of hours of questioning were boring and tedious, by design. I asked her about her background, education, employment, and her work as the first lady. Then about President Adams. I got to hear his whole life's story from childhood to being elected president. In a wrongful-death case, the value of the case is based to a great extent on the earning power of the person who died. Needless to say, a former president has massive earning power, even though few actually take full advantage of it. Aggressively pursuing money is thought to be unseemly for a former president.

The longer he stayed in politics though, the lower his lifetime earnings would be. So if he was likely to get reelected-a point worthy of debate-his earnings would substantially decrease. Only after leaving the presidency would his earnings have dramatically gone up. She might make a claim for book royalties, similar to the $8 million advance that Bill Clinton got for his memoirs, or the $100,000 a pop speaking engagements that Gerald Ford was paid for years. Former presidents could make even more if they served on corporate boards or as advisers to corporations, but most thought that was beneath them. They had lifetime pay at the same salary they earned as president, so anything earned on top of that was simply bonus money. They also had lifetime Secret Service protection and office staff. We tediously covered all that and much more in the deposition.

As we approached lunch, I decided to ask her about the photographs, indirectly. She said she went to all the White House receptions, it was part of her job as first lady. She spoke with everyone, whoever was nearby. She tried to concentrate on the guests of honor, their spouses, assistants, and staff, but talked to numerous people throughout the evening. She liked to circulate and keep the reception flowing and energetic.

"Did you ever have the opportunity to have conversations with Colonel Collins?" I detected a slight hesitation in the first lady's eyes, a sense of danger. Hackett was alerted and stared at me suspiciously. He stopped taking notes.

"Perhaps on occasion, I don't really remember."

"Well, on December seventeenth, there was a reception for the prime minister of Japan. Do you recall that?"

"Yes."

"At that reception, at the White House, you spent a good deal of time speaking with Colonel Collins, did you not?"

"I don't really remember that."

"Do you recall what you were wearing?"

"No, I really don't. My wardrobe is selected by my assistant."

"Well, regardless of who selected it, do you recall what you were wearing?"

"No, I said I didn't."

Hackett put up his hand. "What is the possible relevance of what she was wearing to a reception three months before the accident?"

"You can answer the question."

"I did."

"Was the reception loud?"

"Loud?"

"Yes, was there loud music or anything else that would make it difficult to hear others?"

"Not that I recall. I don't recall there being any music at all."

"Can you explain then how it is that you were whispering in the ear of Colonel Collins on several occasions during that reception?"

She looked shocked. "I don't remember that being the case. Where'd you hear that?"

"Do you deny it?"

"Deny what?"

"Whispering in Collins's ear during the reception for the prime minister of Japan on December seventeenth."

"I don't remember doing that and I don't know why I would. Denial is a very rigid word. I would like to deny it, but I don't really recall the events at all."

"Did you have any kind of personal relationship with Colonel Collins?"

Hackett yelled, "This is outrageous! What is the meaning of this?"

"The implications are not as dramatic as you imply, it's a simple question. Did she have any relationship of any kind, even as a fellow coin collector, with Colonel Collins." I looked back at her. "Did you?"

"I knew him, as I flew on Marine One many times. When we were in various locations, we would occasionally find ourselves near each other and would converse, but nothing substantial."

"Did Colonel Collins ever express to you any dislike for the president?"

"No. Absolutely not."

"Are you aware that he purchased a substantial life insurance policy sixty days before his death?"

"No, I was not."

"Did you speak with the president on the night of the accident, before he climbed aboard Marine One?"

"Yes, of course." She shifted uncomfortably in her chair.

Hackett interrupted, "Is this a good time to stop? It's twelve fifteen and we need to grab lunch if we're going to go beyond the morning."

Without looking at him I answered, "We're definitely going to go beyond the morning, and, no, this isn't a good place to stop."

I asked the first lady, "You were aware when you spoke with the president that there was a major storm outside, correct?"

"I believe that storm had been going on for a few hours at that point."

"Did the president tell you why he needed to go to Camp David that night?"

"He said he had an important meeting."

I paused and waited for her to look at me. "With whom?"

"I don't know. He didn't say."

"Did you ask?"

"Yes. I was always asking questions."

"What did he tell you?"

"He told me it was highly confidential and he couldn't go into it."

"Have you since determined why he was going to Camp David that evening?"

She looked at Hackett. He said, "Other than what your counsel may have told you."

She looked back at me. "No, nothing other than what my attorney has told me."

"Did you ask President Adams why it was so important to get there so quickly that he was willing to fly in that storm?"

"Yes, I did. I thought it was unwise to fly."

"What did he say?"

"He said it was the most important meeting of his presidency."

I paused and looked at the others in the room, including the Secret Service agents, who were completely expressionless. "Did he tell you what he meant by that?"

"No."

"Do you know now?"

She hesitated. "No."