Steve Berry - The Jefferson Key

The man had read his mind. He was looking for legal authority and found it exactly where Hale had said.

The Congress shall have the power to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.

“Letters of marque have existed since the 1200s,” Hale said. “Their first recorded use was by Edward III in 1354. It was considered an honorable calling, combining patriotism with profit. Contrary to pirates, who are but thieves.”

That rationalization was interesting.

“For 500 years privateering flourished,” Hale said. “Francis Drake was one of the most famous, devastating Spanish shipping for Elizabeth I. European governments routinely issued letters of marque not only in war, but in peacetime. It was so common a practice that the Founding Fathers specifically granted Congress the power to issue such letters, and the people approved when the Constitution was ratified. That document has been amended twenty-seven times since our founding, and never has that power been modified or removed.”

Hale seemed not to attack his listeners so much as to persuade them. Instead of thundering out his point, he dropped his voice, exhibiting a focused attention.

Davis raised a half-open hand to say something, then changed his mind as the pragmatist within him reasserted itself. “What do you want?”

“A letter of marque grants the holder legal protection. Ours is quite specific on that. We simply want our government to honor its word.”

“He’s a damn pirate,” Daniels blurted out. “So are the other three.”

Malone nodded. “Privateers were the nursery of pirates. That’s not my observation, but Captain Charles Johnson’s. He wrote a book in the 18th century, A General History of the Robberies and Murders of the Most Notorious Pyrates. A big seller for its time, still in print today. An original edition is worth a fortune. It’s one of the best records of pirate life that exists.”

Cassiopeia shook her head. “I didn’t realize you had such an interest.”

“Who doesn’t love pirates? They declared war against the world. For a century they attacked and looted at will, then they vanished, leaving almost no record of their existence. Hale’s right about one thing. It’s doubtful America would be here except for privateers.”

“I admit,” Daniels said, “that I never knew just how much these opportunists did for us. A lot of brave and honest men took to privateering. They gave their lives, and obviously Washington felt an obligation toward them. But our merry band today isn’t quite that noble. They can call themselves what they want, but they’re pirates, pure and simple. Incredibly, though, the 1793 Congress sanctioned their existence. I bet there aren’t too many Americans who know that the Constitution allowed that to happen.”

They sat in silence for a moment while the president seemed lost in thought.

“Tell them the rest,” he finally said to Davis.

“After the Revolution ended, Archibald Hale and his three compatriots formed a Commonwealth. Using their letters of marque, together they fattened their pockets. They also added to the Treasury, paying out the specified twenty percent they owed to the new national government. That’s something else I’m sure most Americans have no idea about. We made money off those thieves. With the current bunch, their income tax returns bear little relation to their lifestyles. And yes, for the past couple of decades their talents have been used by our intelligence community. They managed to do some damage in the Middle East, pillaging financial accounts, stealing assets, devaluing companies whose profits were being funneled to extremists. They’re good. Too good, actually. They don’t know when to stop.”

“Let me guess,” Malone said. “They started stealing from folks that we’d prefer they leave alone.”

“Something like that,” Daniels said. “They’re not real good on taking direction, if you know what I mean.”

“A dispute broke out between the Commonwealth and the CIA,” Davis said. “The last straw came with all the trouble in Dubai and its financial meltdown. The CIA determined that the Commonwealth had been engineering most of that chaos. As the Dubai national debt skyrocketed, the Commonwealth cherry-picked the best assets, buying them for pennies on the dollar. They also thwarted certain debt restructures that nations in the region were offering to solve the crisis. In general, they were a giant pain in the ass. But we couldn’t let Dubai go under. They’re one of the few moderates in that region. Somewhat of an ally. The Commonwealth was told to stop, they said they would, but then they kept right on. So the CIA pointed the IRS at them. They then squeezed the Swiss, who caved and provided financial records on all four members of the current Commonwealth. It’s been determined that those four owe hundreds of millions in back taxes. If done right, we can seize all their assets, which total in the billions.”

“That’s enough to make a bunch of pirates real nervous,” Cotton said.

Davis nodded. “Hale came to me and wanted protection under his letter of marque. And he has a point. The language specifically immunizes them from all laws, save for murder. White House counsel tells us the letter is legally binding. The Constitution of the United States directly authorizes it, and the letter itself mentions an act of Congress that approved it.”

“So why isn’t it being honored?” Cassiopeia asked.

“Because,” the president said, “Andrew Jackson made that impossible.”

WYATT HAD NOT APPRECIATED THE REMINDER ABOUT HIS FIRING. True, charges had been brought against him by Malone, a hearing was held, and three mid- to high-level paper pushers, none of them a field operative, had determined that his actions were unwarranted.

Was I simply to shoot it out with Malone? he had asked the tribunal. He and I, guns blazing, hoping we make it, while three agents wait outside?

He’d thought the question fair-it was the most he’d said at the entire hearing-but the tribunal decided to accept Malone’s assessment that the men had been used as targets, not as protection. Incredible. He knew of half a dozen agents who’d sacrificed themselves for less reason. No wonder intelligence gathering was rife with problems. Everyone seemed more concerned about being right than being successful.

With little choice, he’d accepted his termination and moved on.

But that did not mean he’d forgotten about his accuser. Yes, these men were right. He owed Malone.

And he’d tried to repay that debt today.

“Do you realize that Carbonell is all but gone?” NSA said. “NIA is useless. Nobody needs it or her anymore.”

“The Commonwealth is going away, too,” CIA made clear. “Our modern-day pirates will live out their lives in a federal prison, where they belong. And you never answered our question. Were the pirates responsible for what happened today?”

The dossier Carbonell had provided about the Commonwealth had contained a brief overview of its four captains, noting that they were the last remnants of 18th-century adventurers, direct descendants of pirates and privateers. An excerpt from a psychological evaluation had explained how a navy man went to sea knowing that if he fought the good fight and won, rewards would come his way in the form of praise and advancement. Even if he failed, history would record his exploits. But it required a person of unusual bravery to face danger when he knew that no one would learn of his deeds. Especially when, if he failed, most would cackle at his misfortune.

Privateers had labored under both conditions.

If successful, their reward was a division of the spoils. Vary from their letter of marque in any way and they became pirates and were hung. A privateer could capture one of the king of England’s most formidable cruisers and the act would scarcely have been known. If along the way life or limb were sacrificed, too bad.