I MULLED OVER HER INVITATION: drinks at the Jefferson, the longtime hangout for former presidents and cabinet officials. I wondered what incentives Jordyn would offer to get me to back down from my demand for a jury trial. On the other hand, I needed to convince her of the wisdom of an early trial, the sooner the better. I called an old friend from Justice who agreed to meet me that very afternoon.
Solomon Banks was a retired deputy Attorney General in the antitrust division of the Department of Justice. He later became one of the two founding members of the Banks and Tuohey law firm. Solomon had been my boss at Justice and later recruited me to join his firm. He had retired by the time his old firm and I had a falling out that resulted in my resignation. Solomon now taught antitrust law at Georgetown Law School as a Professor Emeritus.
When twenty competing companies join suit against a lone individual, red flags fly high at Justice. I knew that my meeting with Solomon would give the plaintiffs heart palpitations. We met that afternoon at the law school and talked only about old times at Justice. Once again, my intention was to throw a monkey wrench into their plans, and I bet Jordyn would find a way to bring the meeting up this afternoon.
I knew the office was bugged, so I took every opportunity to broadcast the possibility of hiring co-counsel, getting around the gag order, and turning the case entirely over to Duke, anything to unnerve our opponents. I also mused out loud how I needed more staff and more time to prepare the case. Hopefully, Jordyn would conclude that any delay would benefit me and work against her. I had no idea if my game-playing would have any effect, but at least it made me feel like I was doing something until our meeting at the Jefferson.
Jordyn had reserved a quiet table in a corner of the bar. Stanford was on time and told me he was sorry that Jordyn was running late. He seemed nervous, which wasn’t his reputation or the impression he’d had given me before. He already had a beer, so I ordered a glass of cabernet. After we’d exchanged a few pleasantries, I decided to see why he was so antsy.
“I was surprised to hear you agree to Jordyn’s request that we try the civil case first. I felt sure you’d expect the criminal proceedings to take precedence.”
“I wondered about you, too,” he responded. “How are you going to prove the software belongs to your client without his testimony and by waiving his fifth amendment rights?”
I wasn’t going to give him my trial strategy, so I fell back on my ruse. “This will be my last trial. The client means nothing to me, so what the hell? I don’t care who goes first if I get paid.”
My answer clearly bothered him; he remained silent, nursing his beer. I tried to press him.
“When are you going to give me access to my client?” I asked.
“Well, let’s see how this meeting goes,” he replied.
Why was he stalling? Or was he unaware of the threats and other attempts at intimidation? I tried another tack.
“Are you aware that someone tried to grab David’s girlfriend outside the courthouse yesterday? Or that she ended up in the hospital?”
Stanford seemed surprised, but not overly concerned.
“What was she doing there in the first place?” he countered.
“She hoped to see David. Both his mother and Rita need to see David to be sure he’s all right. If you won’t give me access, at least let him see his family.”
He sat up and snapped, “He might try to sneak information to them, that’s why. National security is at stake here.”
“Oh, come on, Stanford. You don’t really believe that David’s software involves national security. I still don’t know what it does, but it can’t be much of a threat.”
“The software that young man designed most definitely involves our national security. When you learn what it does and how it affects this country, you won’t be so cocksure of his innocence.”
Before I could figure out why he was cocksure of David’s guilt, I heard the clatter of high heels and looked up to see Jordyn, who seated herself with a confident flourish.
She smiled warmly in Stanford’s direction. “William, you haven’t given away our trial strategy yet, have you?”
Her comment was meant to be amusing, but she had told me that she and Stanford were on a first name basis, and that they were in cahoots, working together hand and glove—an obvious and unhealthy collaboration between private industry and the Department of Justice as far as I was concerned.
She ordered a glass of wine and continued, “Sorry to be late, but I was just reviewing your motion for a jury trial. Nice work, Jack. but come on. You know a jury trial is simply inappropriate. A complex case such as this will surely involve expert witnesses and software engineering language. You can’t expect a jury to understand half of what is being presented by either party.”
I repeated what I’d told Stanford minutes ago.
“As I told Stanford, I have no idea what the software does, and I haven’t had access to my client to find out. Right now, I don’t know what kind of experts I need, much less how to cross examine yours. Maybe if you give me time enough to get up to speed, I might reconsider trying the case to the judge, but for now, the only way I can try this case is by the seat of my pants. And I can only do that in front of a jury who’ll be as ignorant about software development as I am.”
Jordyn gave Stanford a look which I hoped meant “We got him by the balls. Let’s grab them and run.”
Stanford followed suit. “Jack, surely you understand. In cases involving national security there are certain protocols and procedures that must be followed, not the least of which requires you to have a security clearance. Anyone who works with you will have to be cleared as well. I understand your need to interview him, but I can’t give you access to Ruple until we’ve jumped through all the hoops.”
I wanted to remind him that a few days ago he was willing to give me unlimited access to David and let him out on bail. That was clearly before someone higher up the pay scale gave him different instructions. Besides, I needed a speedy trial more than I needed access to my client.
“I had code word clearance when I was at Justice.” What I didn’t mention was that my clearance had been renewed on several occasions and was currently valid. If he didn’t know, I wasn’t going to tell him.
“That was a long time ago, Jack,” he replied with an indulgent smile. “You’ll need to go through the entire process again, and you know how long that takes. Why, it’s worse than renewing your passport.”
“Well, I guess we have no option but to put this case on hold for a while,” I said, trying my best to sound thoroughly deflated. “You want me to waive a jury trial, and I can’t do that without access to my client or experts. I really hoped I could try this case quickly and retire. It’s such an obvious loser. Now I’m not sure what to do. Do you think I need to file a motion and get a court order before I even talk to another lawyer about taking my place? Sure do hate to lose my fee.”
Neither of them answered my question. Maybe I had laid it on too thick.
I waited and Jordyn finally said, “This wasn’t the chat I had wanted or expected, but if you are adamant about a jury trial, I’m not sure we have anything further to discuss.”
“The same goes for access,” I replied evenly. “There’s no way I can waive a jury trial without consulting my client. I’d be disbarred before you could say habeas corpus. I guess we’re at a stalemate.”