this morning, she’s known that her nomination to the Supreme Court is going to rise and fall on the Garkov verdict. Nevertheless, now that it’s actually been confirmed, she feels thrown.
“So the whole innocent-until-proven-guilty thing is . . . what? A technicality?”
Kagan’s look hardens. He obviously didn’t expect this reaction. Truth be told, Faith didn’t anticipate it, either.
“Your Honor . . . I don’t mean to suggest in any way how you should carry out your judicial responsibilities,” he says with a deliberate tone, as if he suspects the conversation might be being recorded. “I’m here solely to apprise you that if Nicolai Garkov is convicted before July fifteenth, you’re going to be nominated to the Supreme Court of the United States. Any other result, and you’re not. And that’s that.”
“Jeremy, I’m relatively sure that Garkov is going to withdraw his request for a bench trial now that I’m the judge,” Faith says. “That’ll take it out of my hands and a jury will make the decision.”
Kagan is shaking his head. “I don’t know about the law, Your Honor. I’m just telling you the political reality here. It doesn’t matter who renders the verdict— you now own the Garkov result. If he’s convicted, you’re America’s judicial warrior against terrorism. But if he’s acquitted . . . well, you become the judge who let a terrorist go free.”
Faith knows that Kagan’s right, but that doesn’t make it any easier to digest. “And July is the drop-dead date?”
“Yeah. It wouldn’t hurt if it was over a little earlier, just to give us some breathing room. The working assumption is that so long as the April fourteenth trial date holds, there should be more than enough time.”
Faith has been thinking about a way out all afternoon. Kagan has shot down the jury option, but she has one other escape plan.
“What if I recuse myself? Let another judge own the Garkov case?”
Kagan seems confused. “Why would you do that?”
Of course that would be a politician’s reaction, Faith says to herself. All you need to do to get on the Supreme Court is make sure a terrorist gets the max, and you’re thinking of stepping aside?
“I’m just worried that the timetable won’t work out,” Faith lies. “You told me things were looking good before I got Garkov. If I recuse myself, there’s no risk that the case drags on past July and the timing does me in. I can pass it off to another judge and it’ll be just like I didn’t get it in the first place. I don’t have to give a reason for stepping aside. In fact, it’s customary not to disclose why.”
Kagan is shaking his head again, now even more vigorously. “I must not be making myself clear, Your Honor. This process is highly political. You don’t get to keep things to yourself. Everything you do—everything you have ever done—is going to be scrutinized by the press the moment the president nominates you. Hell, you remember that guy who got bounced because he smoked a joint? Now, I know times have changed since President I Didn’t Inhale, but my point is that the American people want nothing more than to see Garkov sentenced to death, and that’s precisely what the president demands if you want him to nominate you to the Supreme Court.”
“It’s not a death-penalty case, Jeremy. The government never brought a murder charge.”
Kagan waves off the mistake as if it’s nothing. “Whatever the maximum penalty, Your Honor, Garkov’s got to get that. Any other outcome and the president will pick someone else.”
“THE FLOWERS ARE LOVELY,” Cynthia says when she arrives home about an hour after Aaron. “Although I’m not sure what’s a bigger surprise: the flowers or that you’re actually home before me.”
Cynthia smiles, and Aaron is struck by how infrequently he’s seenthat expression from her of late. And what a pity that is, because Cynthia’s smile can light up much more than a room, a
“So the whole innocent-until-proven-guilty thing is . . . what? A technicality?”
Kagan’s look hardens. He obviously didn’t expect this reaction. Truth be told, Faith didn’t anticipate it, either.
“Your Honor . . . I don’t mean to suggest in any way how you should carry out your judicial responsibilities,” he says with a deliberate tone, as if he suspects the conversation might be being recorded. “I’m here solely to apprise you that if Nicolai Garkov is convicted before July fifteenth, you’re going to be nominated to the Supreme Court of the United States. Any other result, and you’re not. And that’s that.”
“Jeremy, I’m relatively sure that Garkov is going to withdraw his request for a bench trial now that I’m the judge,” Faith says. “That’ll take it out of my hands and a jury will make the decision.”
Kagan is shaking his head. “I don’t know about the law, Your Honor. I’m just telling you the political reality here. It doesn’t matter who renders the verdict— you now own the Garkov result. If he’s convicted, you’re America’s judicial warrior against terrorism. But if he’s acquitted . . . well, you become the judge who let a terrorist go free.”
Faith knows that Kagan’s right, but that doesn’t make it any easier to digest. “And July is the drop-dead date?”
“Yeah. It wouldn’t hurt if it was over a little earlier, just to give us some breathing room. The working assumption is that so long as the April fourteenth trial date holds, there should be more than enough time.”
Faith has been thinking about a way out all afternoon. Kagan has shot down the jury option, but she has one other escape plan.
“What if I recuse myself? Let another judge own the Garkov case?”
Kagan seems confused. “Why would you do that?”
Of course that would be a politician’s reaction, Faith says to herself. All you need to do to get on the Supreme Court is make sure a terrorist gets the max, and you’re thinking of stepping aside?
“I’m just worried that the timetable won’t work out,” Faith lies. “You told me things were looking good before I got Garkov. If I recuse myself, there’s no risk that the case drags on past July and the timing does me in. I can pass it off to another judge and it’ll be just like I didn’t get it in the first place. I don’t have to give a reason for stepping aside. In fact, it’s customary not to disclose why.”
Kagan is shaking his head again, now even more vigorously. “I must not be making myself clear, Your Honor. This process is highly political. You don’t get to keep things to yourself. Everything you do—everything you have ever done—is going to be scrutinized by the press the moment the president nominates you. Hell, you remember that guy who got bounced because he smoked a joint? Now, I know times have changed since President I Didn’t Inhale, but my point is that the American people want nothing more than to see Garkov sentenced to death, and that’s precisely what the president demands if you want him to nominate you to the Supreme Court.”
“It’s not a death-penalty case, Jeremy. The government never brought a murder charge.”
Kagan waves off the mistake as if it’s nothing. “Whatever the maximum penalty, Your Honor, Garkov’s got to get that. Any other outcome and the president will pick someone else.”
“THE FLOWERS ARE LOVELY,” Cynthia says when she arrives home about an hour after Aaron. “Although I’m not sure what’s a bigger surprise: the flowers or that you’re actually home before me.”
Cynthia smiles, and Aaron is struck by how infrequently he’s seenthat expression from her of late. And what a pity that is, because Cynthia’s smile can light up much more than a room, a
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