Steve Martini - Shadow of Power

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The Supreme Court is one of our most sacred – and secretive – public institutions. But sometimes secrets can lead to cover-ups with very deadly consequences.
Terry Scarborough is a legal scholar and provocateur who craves headline-making celebrity, but with his latest book he may have gone too far. In it he resurrects forgotten language in the U.S. Constitution – and hints at a missing letter of Thomas Jefferson's – that threatens to divide the nation.
Then, during a publicity tour, Scarborough is brutally murdered in a San Diego hotel room, and a young man with dark connections is charged. What looks like an open-and-shut case to most people doesn't to defense attorney Paul Madriani. He believes that there is much more to the case and that the defendant is a pawn caught in the middle, being scapegoated by circumstance.
As the trial spirals toward its conclusion, Madriani and his partner, Harry Hinds, race to find the missing Jefferson letter – and the secrets it holds about slavery and scandal at the time of our nation's founding and the very reason Scarborough was killed. Madriani's chase takes him from the tension-filled courtroom in California to the trail of a high court justice now suddenly in hiding and lays bare the soaring political stakes for a seat on the highest court, in a country divided, and under the shadow of power.

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“He told you this?”

“More than once. It was as if he blamed me for forcing him to do the extra work. I just told him the facts. But Terry didn’t like facts when they got in the way of something he wanted to do or say. It was the beginning of the end for us, though I didn’t realize it at the time. I had come between him and his mistress.”

“His work?” I say.

“Publicity,” says Scott. “Terry needed the celebrity for validation. He had a big emotional hole inside him.”

“About the letter,” I say. “Assuming it’s authentic, you’re sure Jefferson wrote it?”

“All I know is that Terry referred to it as ‘the Jefferson letter’ or ‘the infamous Jefferson letter.’ As I said, I never saw it, and even the references in the manuscript I only got to glance at. As soon as he told me what he was doing and I told him there would be problems, Terry pulled the manuscript away from me. I never got another look at it.”

“So you don’t know the date, when the letter was written?”

She shakes her head.

“Or whom it was written to?”

“No.”

“Not much to go on,” I tell her.

“No, it isn’t.”

“Still, it’s more than I had this afternoon.” I smile at her from across the table, close up my notebook, and slip it back into the inside pocket of my coat along with the pen. “Did you mention any of this to the cops, when they talked to you?”

“They didn’t ask. I had no reason to think it might be important until you mentioned it.” She takes another sip of her drink. “There is one other thing,” she says. “It’s about Justice Ginnis. I’m certain that Terry would not have gotten the letter from Arthur.”

“How can you be so sure?”

“Because Arthur despised Terry. He had no use for him. He saw Terry as an opportunist, somebody who would use anybody to get ahead and dump them as soon as he got what he wanted. He warned me not to get emotionally involved. He wouldn’t have crossed the street to help Terry with anything, especially anything as controversial as Terry’s book. Believe me, as a former Supreme Court clerk-there wasn’t a member of the Court who wouldn’t lift their robes and run shrieking to put distance between themselves and anything Terry wrote.”

“You say Ginnis despised Scarborough?”

“Oh, here we go,” she says.

“Sorry. I can’t help picking up on little words.”

“Forget I ever said it.” She reaches for her purse under the table, ready to walk out.

“Don’t get angry. I’m just looking for background. I need to know who Scarborough was, the kind of man I’m dealing with as a victim.”

She wears a stern expression. Then she softens, puts her purse back down.

“I’ll tell you,” she says. “You will have no difficulty finding enemies of Terry Scarborough in this town. Just turn over any rock,” she says. “I didn’t know it when I first met him. I was young, naïve, impressionable, straight out of law school. Terry was a well-known published author, on television almost daily. I was dazzled.

“It wasn’t until later, months later, that I found out that Terry had savaged Justice Ginnis in one of his earlier books. It was the case of the century,” she said, the presidential election almost twelve years ago now, the squeaker decided by the Supreme Court.

“Terry published a book that kicked the insides out of the Court. He claimed to have sources, people privy to private conversations between the justices and those on the outside, the parties and their lawyers. The decision by the Court came down five to four; it ended the election and effectively anointed the new president. Arthur was the swing vote, and Terry excoriated him for it in public print. He called Arthur a party hack and claimed that he’d been in direct contact with lawyers for the new president before he voted on the case. It wasn’t true. It hurt Arthur, and it hurt him deeply.

“But that’s the thing about the Court-you just had to sit there and take it. They all knew that. It was the price the nine of them, and all their predecessors, paid for a lifetime appointment to an institution that’s not supposed to be political. When somebody takes a shot, they can’t go to the media and fight back. You just have to live with it, and Arthur did. It’s the reason I laughed when you said someone had told you that Terry and Arthur were friends. Justice Ginnis would have put an ocean between himself and Terry Scarborough if he could have. When I introduced Terry to him at the reception, I thought Arthur would choke. The next day Arthur took me into his office and warned me that Scarborough would try to use me to find out what was going on in chambers, to dig up dirt on cases. I told him I would never reveal anything like that.”

“Did he? Scarborough, I mean?”

She nods. “More than once. I told him I couldn’t discuss any part of my work at the Court, and I wouldn’t. I did two years clerking for Arthur. I was getting ready to leave the Court-this was about the time that Terry was finishing up the early draft of Perpetual Slaves, the one that included the stuff from the letter. By then we weren’t living together any longer. I think Arthur was relieved, for me, if not for himself.”

“It sounds like you and Justice Ginnis are very close.”

“Friends,” she says. “No, it’s more than that. Arthur has a father complex. Almost all the clerks who’ve ever worked for him have felt this. He means well.” She pauses, smiles, and looks down at the table for a moment. “And I owe him a lot. He could have fired me. I mean, he knew that Terry was a threat to the confidentiality inside the Court. I was living with him. Other members of the Court would have either fired me or found some less-important duties for me outside their chambers. Arthur didn’t do that. He warned me. I gave him assurances, and he trusted me. I can’t explain it,” she says, “but there’s a kind of almost nuclear bond that forms from all of that.”

“And Terry Scarborough?” I ask. “How did he fit into all this?”

“In the beginning I suspect he gravitated to me because I could mingle with people Terry wanted to be seen with.”

“I think you underrate yourself,” I tell her.

“Thank you. But you have to live in this political hothouse to understand it,” she says. “It may be the power center of the world, but it’s actually a very small town. Everybody knows everybody. They attend the same receptions, do the same parties, and the press hangs out. The media make mental notes of who’s talking to whom. It was important for Terry to be seen at functions socializing with members of the Court and Court staff. You see, Terry sold himself to the national media as one of the prime legal insiders, on call twenty-four hours a day to go on the air, to be quoted in the Washington Post or the New York Times. He lived to be seen and heard.”

“And of course only a fool would fail to grasp the symbiotic relationship between face time on the tube and book sales,” I tell her.

“With Terry it was more than that.”

“What do you mean?”

“He liked being recognized at airports, in crowds. He craved it. Someone would come up to him and tell him that he looked familiar, and Terry would casually flip the celebrity over his shoulder like some people discard a cigarette butt. He would say, ‘You probably saw me on Larry King last night,’ and walk away. He loved it. They say that celebrity is its own narcotic. For Terry it was the drug of choice. I remember at one point he told me about the night he did his first appearance on cable news. All his friends called to tell him how they’d seen him on the tube. For Terry it was like doing lines of cocaine. He couldn’t get on the next show fast enough. He hired a PR firm with media connections. He told me he was paying them seven thousand dollars a month on his teaching salary, dipping into savings while he was writing his first book on spec. That was part of the problem with the relationship,” she says.

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