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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She picks up her glass and takes a drink.

“Which brings us to the point,” I say. “When did Arthur Ginnis die?”

She looks at me over the curved edge of the glass. It’s the first hint of surprise I have seen in her eyes, as a tear forms and runs down her cheek. “You knew?”

“Process of elimination,” I tell her.

There is a long pause here as she catches her breath, a weight lifted from her shoulders. It was not Ginnis that Herman, Harry, and I saw on the steps of the hotel in Curaçao that night. It was Scott dressed in his clothes and playing the part from a distance. We never got close enough to see the face. But because Aranda was there, we made the natural assumption. Our eyes saw what we wanted to see.

Without realizing that Harry and I were already in the air headed for the island, Scott, after slipping the envelope under our office door, headed for Curaçao as well. She would have landed on the island the day after us, about the same time the media showed up. Scott, Aranda, and Ginnis’s wife, Margaret, must have been in a panic by then. When I cornered Aranda at the beach and he slipped away, Scott was already there, coming up with the next plan to bail them out. It would not have been hard with a few phone calls to find out where we were staying, to watch the restaurant veranda with field glasses, and to stage the performance for our benefit across the water. Even if the floating bridge hadn’t moved, Herman would never have gotten there in time. Ginnis-cum-Scott would have hopscotched down the steps, into the car, and away before Herman could have drawn within a block. It was all designed to convince us he was still alive and to discourage us from looking further, because he had escaped.

“So when did he die?” I ask.

“It was six weeks, almost to the day, before I visited Terry in that San Diego hotel room,” says Scott. “Margaret, Arthur’s wife, had called me from the islands down in Curaçao. Arthur had gone swimming in the ocean. He’d had a problem. He came out of the water all right, but he didn’t feel good. There was something wrong. The clerk who was with him wanted to take him to a hospital, but Arthur refused. Margaret told me that they got him home, put him on the bed, and he lay there rambling on, mumbling that now everything he’d done was for nothing. Within minutes he was gone.”

She stops, takes a drink of water, and wipes her eyes with the cloth napkin.

“Margaret told me that nobody else knew except Aranda, his clerk. We talked about Arthur for a while. We cried. She talked about the things that were important to him in his life and the result, the effect this would have on the Court. We both knew what Arthur meant when he said it was all for nothing. He was desperate to stay on the Court until after the next election. He had talked to me about it before the surgery on his hip. It was ingrained in him, so many years and so many battles-then one appointment and it could all slip away. If he had died in a hospital or dropped dead on a crowded street, that would have been it, but instead here we were the only three people on the planet who knew he was gone.

“I don’t remember how it started, whether it was a joke or if we were serious. But that’s when we decided,” she says. “It was right there, that day on the phone. We knew that it wouldn’t be easy. We convinced ourselves that all we were doing was buying some time. I flew down to Curaçao the next day. We had the body cremated. Being on the islands turned out to be an advantage. Arthur and his wife had never been to Curaçao before. She had rented the house because their own place on St. Croix was being repaired. Nobody on Curaçao knew who he was. I won’t tell you how we did it, but we were able to secure a death certificate with the date left open.

“I think we knew from the beginning that we couldn’t make it all the way through to the next election. That was seventeen months away. We talked all night. Aranda, the clerk, was getting scared. I think he thought we were out of our minds. He was right. But that was the thing about Arthur-once you knew him, you couldn’t help but fall under his spell, and Aranda was already there. He just needed a little convincing. We found a calendar and started looking at it. The more we looked, the more we realized we only had to keep the secret for nine months, from October until the following June-a single term. As we sat there in the islands, the Court was in recess. They wouldn’t start their next term until October. If we could keep the world at bay from then until the following June, the Court would start its next summer recess. Any correspondence coming in would be easy. Margaret had signed Arthur’s name on checks and other documents for years. We were far enough away that we didn’t have to worry about visitors dropping in. The problem was the phone.

“Still, the longer we looked at the calendar, the more plausible it sounded. The media back home was already fixated on the presidential primaries. Members of the House and Senate were in election mode. By the following June, with a presidential election five months away and the Court in recess, nobody would be looking for Arthur or wondering where he was. By the time the Court reconvened, the election would be a month away. No sitting president was going to nominate a candidate to the Supreme Court and secure Senate confirmation when he’s a lame duck and the election to replace him is a month out. Not in the climate of today’s politics.” As she says this, her eyes seem to sparkle. Trisha Scott is a true believer.

“You had it all worked out.”

“I know that looking back at it, you must think we were crazy, except for one thing. We had a trump card. Without it we would never have given the idea a second thought. We told ourselves that anytime things got too hot, we could simply fill in the date on the death certificate, call the Court to send out a press release, pack up the ashes, and fly home. Who would ever know? At least that’s what we thought.”

“That’s when Scarborough and his videotape caught up with you.”

“Yes. For six weeks everything went like clockwork. If court staff called, Aranda took care of it, supposedly shuttling answers, as the justice was too tired to talk. It even worked with two members of the Court. You’d be surprised how few phone calls you get when everybody thinks you’re sick and you need your rest.

“And then it happened. Out of the blue, from a direction I never even looked. It was the morning before Terry was scheduled to appear on Leno. He had been all over the airwaves for days. It was hard to turn on the television and not see his face. I got a call from a woman I knew. She wasn’t really a friend. I would bump into her once in a while downtown shopping or jogging out on the Mall. You might say we once ran in the same circles. She was just coming to the end of a relationship with Terry, and she was angry. Terry’s liaisons always ended the same way. At first I thought she only wanted somebody to talk to. She knew that I’d been through the same wringer two years earlier. And so we talked.

“But partway through the conversation she said, ‘You’re a friend of Arthur Ginnis, aren’t you?’ I said yes. Then she told me that Terry had some video of the justice in a restaurant. He was looking at it on the television a few days earlier when she went to his apartment to pick up the last of her things. He didn’t turn it off, but she didn’t know what it was, only that Terry seemed to be gloating. This was something you would always recognize if you were around him regularly. Then she told me he laughed and said something weird, something she didn’t understand. He said, ‘That old man’s about to find out what it’s like to be the author of the Hitler Diaries.’” She asked if I had any idea what he meant. I told her no. By then the blood in my veins had turned to ice.

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