“You got a good lawyer?” the deputy asked.
“Just call this nigger right here.” I knocked on the advertisement. It said:
Hampton Fiske— Attorney at Law
Remember, there are four steps to acquittal:
1. Don’t say shit! 2. Don’t run! 3. Don’t resist arrest!
4. Don’t say shit!
1-800-FREEDOM Se Habla Español
* * *
He showed up late to the grand jury indictment, but Hampton’s services were worth every dime. I told him I couldn’t afford to do jail time. I had crops coming in and one of the mares was scheduled to foal in about two days. With this knowledge in tow, he strolled into the hearing, brushing leaves off his suit jacket and flicking twigs from his perm, carrying a bowl of fruit and talking about “As a farmer, my client is an indispensable member of a minority community well documented for being malnourished and underfed. He’s never left the state of California, owns a twenty-year-old pickup truck that runs on fucking ethanol, which is next to impossible to find in this city, and thus he’s not a flight risk…”
The California attorney general, flown in from Sacramento just to prosecute my case, leaped to her Prada-shod feet. “Objection! This defendant, evil genius that he is, has through his abhorrent actions managed to racially discriminate against every race all at the same time, to say nothing of his unabashed slaveholding. The state of California feels that it has more than enough evidence to prove that the defendant is in abject violation of the Civil Rights Acts of 1866, 1871, 1957, 1964, and 1968, the Equal Rights Act of 1963, the Thirteenth and Fourteenth Amendments, and at least six of the goddamn Ten Commandments. If it were within my power, I’d charge him with crimes against humanity!”
“This is an example of my client’s humanity,” Hampton countered calmly, gently setting the fruit bowl on the judge’s bench, then backing away with a deep bow. “Freshly picked from my client’s farm, your honor.”
Judge Nguyen rubbed his tired eyes. He selected a nectarine from the offering and rolled it in his fingers as he spoke. “The irony is not lost on me that we sit here in this courtroom — a female state’s attorney general of black and Asian lineage, a black defendant, a black defense counselor, a Latina bailiff, and me, a Vietnamese-American district judge — setting the parameters for what is essentially a judicial argument about the applicability, the efficacy, and the very existence of white supremacy as expressed through our system of law. And while no one in this room would deny the basic premise of ‘civil rights,’ we’d argue forever and a day about what constitutes ‘equal treatment under the law’ as defined by the very articles of the Constitution this defendant is accused of violating. In attempting to restore his community through reintroducing precepts, namely segregation and slavery, that, given his cultural history, have come to define his community despite the supposed unconstitutionality and nonexistence of these concepts, he’s pointed out a fundamental flaw in how we as Americans claim we see equality. ‘I don’t care if you’re black, white, brown, yellow, red, green, or purple.’ We’ve all said it. Posited as proof of our nonprejudicial ways, but if you painted any one of us purple or green, we’d be mad as hell. And that’s what he’s doing. He’s painting everybody over, painting this community purple and green, and seeing who still believes in equality. I don’t know if what he’s done is legal or not, but the one civil right I can guarantee this defendant is the right to due process, the right to a speedy trial. We convene tomorrow morning at nine. But buckle up, people, no matter the verdict, innocent or guilty, this is going to the Supreme Court, so I hope you ain’t got nothing scheduled for the next five years. Bail is set”—Judge Nguyen took a big bite out the nectarine, then kissed his crucifix—“Bail is set at a cantaloupe and two kumquats.”
I expected the air-conditioning in the Supreme Court to be for shit, like it is in all the good courtroom movies: Twelve Angry Men and To Kill a Mockingbird . Movie trials always take place in humid locales in the heat of summer, because the psych books say crime goes up with the temperature. Tempers run short. Perspiring witnesses and trial attorneys start yelling at each other. The jurors fan themselves, then open four-paned windows looking for escape and a breath of fresh air. Washington, D.C., is fairly muggy this time of year, but it’s mild, damn near frigid, inside the courthouse, yet I have to open a window anyway — to let out all the smoke and five years of judicial system frustration.
“You can’t handle the weed!” I shout at Fred Manne, courtroom artist extraordinaire and film buff. It’s the dinner break to what has amounted to the longest Supreme Court case in history. We’re sitting in a nameless antechamber passing time and a joint back and forth, butchering the climax of A Few Good Men , which isn’t a great movie, but Jack Nicholson’s disdain for the actors and the script and the way he delivers that last monologue carry the film.
“Did you order the Code Red?”
“I might have. I’m so fucking high right now…”
“Did you order the Code Red?”
“You’re goddamn right I did! And I’d do it again, because this pot is fucking unbelievable.” Fred’s breaking character. “What’s it called?” It being the joint he’s holding in his hand.
“It doesn’t have a name yet, but Code Red sounds pretty good.”
Fred has sketched all the important cases: same-sex marriage, the end of the Voting Rights Act, and the demise of affirmative action in higher education and, by extension, everywhere else. He says that in his thirty years of courtroom artistry, this is the first time he’s ever seen the court adjourn for dinner. First time he’s ever seen the Justices raise their voices and stare each other down. He shows me an artist’s rendering of today’s session. In it a conservative Catholic Justice flips off a liberal Catholic Justice from the Bronx with a surreptitious cheek scratch.
“What does ‘ coño ’ mean?”
“What?”
“That’s what she whispered under her breath, followed by ‘ Chupa mi verga, cabrón. ’”
My colored-pencil caricature looks terrible. I’m in the lower-left-hand corner of the drawing. I can’t speak to the Court allowing for unregulated corporate spending on political campaigns, or the burning of the American flag, but the best decision it’s ever made was to prohibit the use of cameras in the courtroom, because, apparently, I’m one ugly motherfucker. My bulbous nose and gigantic ears protrude from my bald Mount Fuji — shaped head like fleshy anemometers. I’m flashing a yellow-toothed smile and staring at the youngish Jewish Justice like I can see through her robe. Fred says the reason they don’t permit cameras has nothing to do with maintaining decorum and dignity. It’s to protect the country from seeing what’s underneath Plymouth Rock. Because the Supreme Court is where the country takes out its dick and tits and decides who’s going to get fucked and who’s getting a taste of mother’s milk. It’s constitutional pornography in there, and what did Justice Potter once say about obscenity? I know it when I see it.
“Fred, do you think you could at least shave down my incisors? I look like fucking Blackula.”
“ Blackula. Underrated movie.”
Fred unclips the press laminate from his lanyard and uses the metal fastener as a makeshift roach clip to finish the rest of the weed in one mighty toke. His eyes and nasal passages closed tight, I ask him can I borrow a pencil. He nods yes, and I take the opportunity to remove all the brown-colored implements from his fancy pencil case. Fuck if I’m going down in history as the homeliest litigant in Supreme Court history.
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