Tom Clancy - Executive Orders

"You know, I'd feel a lot better if you hadn't given me all this power," Martin said without looking up.

"Why's that?" Jack asked.

"I'm just a prosecutor, Mr. President. A pretty good one, sure, and now I run the Criminal Division, and that's nice, too, but I'm only—"

"How do you think I feel?" Ryan demanded, then softened his voice. "Nobody since Washington has been stuck with this job, and what makes you think I know what I'm supposed to be doing? Hell, I'm not even a lawyer to understand all this stuff without a crib sheet."

Martin looked up with half a smile. "Okay, I deserved that."

But Ryan had set the criteria. Before him was a roster of the senior federal judiciary. Each of the fourteen folders gave the professional history of a judge in the United States Court of Appeals, ranging from one in Boston to another in Seattle. The President had ordered Martin and his people to select judges of no less than ten years' experience, with no less than fifty important written decisions (as distinguished from routine matters like which side won in a liability case), none of which had been overturned by the Supreme Court—or if one or two had been overturned, had been vindicated by a later reversal in Washington.

"This is a good bunch," Martin said.

"Death penalty?"

"The Constitution specifically provides for that, remember. Fifth Amendment," Martin quoted from memory: " 'Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law. So with due process, you can take a person's life, but you can only try him once for it. The Court established the criteria for that in a number of cases in the 70s and 80s—guilt'trial followed by penalty trial, with the penalty phase dependent upon 'special' circumstances. All of these judges have upheld that rule—with a few exceptions. D here struck down a Mississippi case on the basis of mental incompetence. That was a good call, even though the crime was pretty gruesome—the Supreme Court affirmed it without comment or hearing. Sir, the problem with the system is one that nobody can really fix. It's just the nature of law. A lot of legal principles are based on decisions from unusual cases. There's a dictum that hard cases make for bad law. Like that case in England, remember? Two little kids murder a younger kid. What the hell is a judge supposed to do when the defendants are eight years old, definitely guilty of a brutal murder, but only eight years old? What you do then is, you pray some other judge gets stuck with it. Somehow we all try to make cohesive legal doctrine out of that. It's not really possible, but we do it anyway."

"I figure you picked tough ones, Pat. Did you pick fair ones?" the President asked.

"Remember what I said a minute ago? I don't want this sort of power? I didn't dare do otherwise. Ehere reversed a conviction one of my best people got on a technicality— an issue of admissibility—and when he did it, we were all pretty mad. The issue was entrapment, where the line is. The defendant was guilty as hell, no doubt of it. But Judge… E looked at the arguments and probably made the right call, and that ruling is part of FBI guidelines now."

Jack looked at the folders. It would be a full week's reading. This, as Arnie had told him a few days before, would be his most important act as President. No Chief Executive since Washington had been faced with the necessity of appointing the entire Supreme Court, and even that had been in an age when the national consensus on law had been far firmer and deeper than what existed in America now. Back then "cruel and unusual punishment" had meant the rack and burning at the stake—both of those things that had been used in pre-Revolutionary America—but in more recent rulings had been taken to mean the absence of cable television and denial of sex-change operations, or just overcrowding in the prisons. So fine, Ryan thought, the prisons are too crowded, and then why not release dangerous criminals on society for fear of being cruel to convicted felons?

Now he had the power to change that. All he had to do was select judges who took as harsh a view on crime as he did, an outlook he'd learned from listening to his father's occasional rant about a particularly vile crime, or an especially bat-brained judge who hadn't ever viewed a crime scene, and therefore never really known what the issues were. And for Ryan there was the personal element. He'd been the subject of attempted murder, as had his wife and children. He knew what it was all about, the outrage at facing the fact that there were people who could take a life as easily as buying candy at a drug store, who preyed on others as though they Were game animals, and whose actions cried out for retribution. He could remember looking into Scan Miller's eyes more than once and seeing nothing, nothing in there at all. No humanity, no empathy, no feelings—not even hatred, so outside the human community he'd taken himself that there was no returning…

And yet.

Ryan closed his eyes, remembering the moment, a loaded Browning pistol in his grip, his blood boiling in his veins but his hands like ice, the exquisite moment at which he could have ended the life of the man who had so wanted to end his own—and Cathy's, and Sally's, and Little Jack, yet unborn. Looking in his eyes, and finally seeing the fear at last, breaking through the shell of inhumanity… but how many times had he thanked a merciful God that he'd neglected to cock the hammer on his pistol? He would have done it. He'd wanted to do it more than anything in his life, and he could remember pulling the trigger, only to be surprised when it hadn't moved—and then the moment had passed away. Jack could remember killing. The terrorist in London. The one in the boat at the base of his cliff. The cook on the submarine. Surely he'd killed others—that horrible night in Colombia which had given him nightmares for years after. But Sean Miller was different. It hadn't been necessity for Miller. For him it had been justice of a sort, and he'd been there, and he'd been the Law, and, God, how he'd wanted to take that worthless life! But he hadn't. The Law that had ended the life of that terrorist and his colleagues had been well considered, cold and detached… as it had to be—and for that reason he had to select the best possible people to repopulate the Court, because the decisions they would make were not about one enraged man trying at the same time to protect and avenge his family. They would say what the law was for everyone, and that wasn't about personal desires. This thing people called civilization was about something more than one man's passion. It had to be. And it was his duty to make sure that it was, by picking the right people.

"Yeah," Martin said, reading the President's face. "Big deal, isn't it?"

"Wait a minute." Jack rose and walked out the door to the secretaries' room. "Which one of you smokes?" he asked there.

"It's me," said Ellen Sumter. She was of Jack's age, and probably trying to quit, as all smokers of that age at least claimed. Without another question, she handed her President a Virginia Slim—the same as the crewwoman on his airplane, Jack realized—and a butane lighter. The President nodded his thanks and walked back into his office, lighting it. Before he could close the door, Mrs. Sumter raced to follow him with an ashtray taken from her desk drawer.

Sitting down, Ryan took a long drag, eyes on the carpet, which was of the Great Seal of the President of the United States, covered though it was with furniture.

"How the hell," Jack asked quietly, "did anybody ever decide that one man could have this much power? I mean, what I'm doing here—"