Steve Martini - The Enemy Inside

“So I hear.” Proffit’s wife, who sat on the District Court in Los Angeles, was in fact a candidate for the appellate slot on the Ninth Circuit. According to information, she was on a short list in the White House, people who had already cleared all the non-binding hurdles at the American Bar Association and the State Bar. Proffit had put his own shoulder to the wheel, if for no other reason than to get his wife out of town. Once nominated and confirmed by the Senate, she would spend at least four days a week in San Francisco. Paradise to Proffit.

“The fact is, I am getting tremendous pressure from the criminal defense bar back there to the effect that they are underrepresented on the Ninth Circuit,” said Grimes.

“Is that so? I hadn’t heard.”

“I have talked to people in the White House and it seems there is some sympathy for this position there.”

Proffit thought about asking who at the White House, but he knew she wouldn’t tell him. His wife had been a civil practitioner before being appointed to the bench. Proffit could smell a rat. She was about to be passed over. Still, why would Grimes be calling him? Perhaps there was some way he could turn it around.

“One name keeps popping up,” said Grimes. “A criminal defense lawyer in Southern California by the name of Madriani. I’m told that you know him.”

Proffit’s heart skipped a beat. Couldn’t be the same one. Not the lawyer representing the driver who killed Serna?

“Where’s he from? What city?” said Proffit.

“San Diego area, I believe.”

“Paul Madriani?”

“That’s the one.”

“Somebody must be walking in my shadow,” said Proffit. “I met him one time. Couldn’t have been more than two weeks ago. If you’re looking for an endorsement or a review, I couldn’t recommend him. From what little I know, he doesn’t have the background.” What Proffit meant was the pedigree, hailing from a small firm outside the cloistered club of the organized bar. “Do you mind my asking where you got your information that I knew him?”

“I’m not at liberty to say. But he does have significant support in certain quarters, and according to these people he appears to be highly qualified,” said Grimes. “Beyond that, my office has already conducted a thorough background check. And I’ve notified the White House of my endorsement.”

“Then you didn’t call me for a personal review?”

“No,” said Grimes.

Proffit wasn’t stupid. Whatever was going on, he could smell Serna all over it. The fact that Madriani represented the man accused of killing her in an accident was no coincidence. He was curious to discover the connection so that the firm could tiptoe around it, avoid any fallout. At the same time he didn’t want to become personally involved.

“If you don’t mind my asking, can you tell me if Mr. Madriani has formally applied for the Ninth Circuit position?” Proffit was familiar with all the contenders. He didn’t remember seeing his name. If he had, he would have put the word out to his friends on the various reviewing panels to deep-six him. Two or three black balls were usually all it took to finish off somebody who didn’t have the horses in terms of political pull with the appointing power.

“The people who recommended you told me you had a way of coming directly to the point. That’s exactly what we were hoping you could help us with,” said Grimes.

“What?”

“We’d like you to approach Mr. Madriani and tell him that my office is inviting him to apply. We would like him to do so as soon as possible, unless of course he is not interested. But we think there’s a good chance he will be.”

“Wait, wait, wait! This is all very awkward,” said Proffit. “You do know. .”

“That your wife is a candidate for this position as well? Yes, I wanted to talk to you about that,” said Grimes. “I know this must be very disappointing for you, but you are aware of the custom known as senatorial courtesy? Sometimes they call it privilege.”

“Go on.”

“The fact is, for that vacancy, because it’s assigned to California, no other candidate can be scheduled for confirmation before the Senate without my consent.” She listened to him breathing on the other end of the line. “Just to let you know, I am already committed to Mr. Madriani’s appointment. I have advised White House staff to that effect. So you see, it would be to your benefit to use your best efforts to persuade Mr. Madriani to apply.”

“Just how do I do that?” Proffit was beginning to lose his temper. Smoke coming out of his ears.

“We have something that I am told will help. But before we get to that, you need to understand that there are currently twenty-nine active seats on the Ninth Circuit, and several judges who are nearing retirement. We expect at least two, possibly three vacancies in the next two years. Just so you know, your wife would be in an excellent position for any one of those other appointments. I would give you my assurance in those regards.”

For a moment Proffit wondered whether Grimes and Madriani might have been meeting together, in the sack. He took a deep breath. Grimes was putting him in a box and nailing the lid on. If he refused or failed, Grimes was in a position to block his wife’s nomination for higher appointment for as long as she was in the Senate. If so, and his wife found out, she would make Proffit’s life miserable, or worse, divorce him and take half the value of his partnership in the firm. She could ruin him.

“Of course this is assuming he’s inclined to do so. Not everybody wants to be on the bench,” said Proffit. “You say you believe he’s interested, but he hasn’t filed. I don’t get it.”

“Good. If you’re curious, then I’ll assume you’re on board,” she said. “Now this is all confidential. You do understand that?”

“I haven’t said I’d do anything.”

“But I’m sure you will. Right?”

Proffit thought about his options. “I suppose.”

“You don’t sound enthusiastic,” she said.

“I’ll have to work on that later,” said Proffit.

“Of course. Take your time. But don’t take too long. So that there is no confusion later,” said Grimes. “I will be sending you a check in today’s mail, a retainer. Be kind enough to send me a fully executed retainer agreement, signed by you, to my office here in Washington.”

There was no response from the other end.

“Are you there?”

“You want to treat this as a legal matter?”

“Absolutely. I’m asking you for your assistance and advice as a lawyer.”

“On this?”

“You haven’t heard everything yet.”

“What else?” said Proffit.

“On the retainer agreement, if you have to describe any of this, just call it general legal advice. No need for any specifics.” She was being careful to cover her tracks.

Establishing an attorney-client relationship would seal Proffit’s lips, prevent him from talking to anyone else about their conversation without her prior, expressed written approval.

“There’s a case, a federal appeal. Well, actually, it’s more of a negotiation at this point, or will be shortly. In any event, the case is United States versus Rubin Betz. ”

The instant the name was mentioned, Proffit sat bolt upright in his chair. He’d heard it before. In fact, he had scoured the Internet search engines at the office looking for anything he could find on Betz. Rubin Betz was the name Madriani had given him the night they met in the restaurant in Georgetown. The name of Serna’s old boyfriend. The synapse in his brain sent a jolt of adrenaline to his heart. Now Grimes was calling with the same name. Whatever it was, Serna was in the middle of it. Shit was about to rain down on the firm. Proffit could smell it.