After breakfast, having gathered the newspapers under one arm, still reading the petition for commuting Hurley’s sentence from death to life imprisonment, he had gone up the corridor, meaning to change into his clothes. But then he had wandered into the Monroe Room, next to his bedroom, and dumping his newspapers on the pedestal table, he had sat in a Victorian chair and read on through the folder submitted by the Department of Justice.
It was there that Nat Abrahams and Nat’s associates had found Douglass Dilman at seven forty-five, his petition laid aside, his newspapers strewn about him on the carpet, still in his terry-cloth bathrobe, absorbed in the fantasies of the Congressional Record.
Dilman had read that the House of Representatives had named five of its most forensically able members to the task of trying him, with Representative Zeke Miller the chief prosecutor. He had read that the Senate, after the formality of converting itself from a legislative body into a high tribunal of justice, had voted upon sixteen rules of parliamentary procedure to govern its behavior as a court of impeachment. He had started to read about other arrangements being made for the Roman holiday scheduled to commence at one o’clock sharp this afternoon, when Nat Abrahams, pipe streaming smoke, had arrived, followed by Felix Hart, Walter T. Tuttle, and Joel Booker Priest.
Dilman gestured toward the chairs around the table, and apologized for his bathrobe. Then, as they unstrapped and unlatched their briefcases, Dilman became conscious of the chamber in which they were about to confer.
“Isn’t it strange I wound up in this room?” he said. “I wonder what compelled me to come into the-into this room-the Treaty or Monroe Room, it’s called. I’ve never used it for a meeting before.”
“What’s so strange about it?” Felix Hart, Abrahams’ young Chicago partner, inquired.
“Look at the inscription over the fireplace,” Dilman said.
Felix Hart scurried over to the white fireplace and, bending slightly, read the mantel inscription aloud. “ ‘This Room Was First Used for Meetings of the Cabinet During the Administration of President Johnson.’ “He looked up, awed. “I assume that means Andrew Johnson, not Lyndon.”
“It does,” Dilman said. “Maybe this is a good omen. I hope I get off as lucky as he did in his trial.”
Without glancing up from the sorting of his notes, Nat Abrahams said. “That was a one-vote acquittal, Mr. President.” Dilman was once again disconcerted by his friend’s formality. Ever since his legal associates had been brought in, Abrahams had taken to addressing him as Mr. President, instead of Doug. Then Abrahams added, “We’ve simply got to do better than that… Ready, gentlemen? We don’t have much time. Let’s review the whole business again, before heading up to the Hill.”
Promptly, they plunged into the last-minute summary of Dilman’s defense. For Dilman, the discussion was comforting. These were attorneys, and he was an attorney, and their language had the mathematical precision of Law School and his legal practice of long ago, so dear to his memory. The talk was rooted in tradition and precedent, and great names of the American bar, some heroes, some rascals, all geniuses in their fashion, were evoked. Dilman listened to the names of Webster, Choate, Stanbery, Darrow, Steuer, and many more.
Dilman gave his complete attention to his four managers-even the title “managers,” as applied to attorneys in a Senate impeachment trial, had a comforting ring, as if these were men who not only defended, but controlled, guided, administered, directed their respondent, who might otherwise be helpless. Dilman heeded every exchange, as they examined the Articles of Impeachment point by point, sentence by sentence, and even word by word. They were trying to anticipate the course that Zeke Miller’s prosecution might take, and foresee what damaging evidence the House’s witnesses, signed affidavits, submitted exhibits, might present.
Then they reviewed one more time how the House’s case could best be refuted.
In replying to Article I, they appeared to be confident they could show that Wanda Gibson had never been privy to any government top secrets that she could have passed on to her Communist employers. They had other former Vaduz employees standing by to swear that Miss Gibson’s connection with Franz Gar was no more than that of secretary to employer, and that she had never been heard speaking to him about matters that were not concerned with her immediate job.
Dilman’s managers displayed little concern about Article II. Their interrogation of Julian Dilman had convinced them that he had never been a member of the Turnerite Group, and that even if he had been, there could be no proof that the President had conspired with his son and the subversive Negro organization to obstruct the Department of Justice.
However, Dilman was surprised at the massive dossier his managers had assembled in an effort to knock the underpinnings out from under Article III, an omnibus of scandalous accusations. They had put such extra effort into their rebuttal of this charge not because they believed the charge had legal substance, but because they saw that it might have effective propaganda value for the prosecution. First, they had investigated Sally Watson’s entire erratic history, but apparently Senator Hoyt Watson’s long influential arm had thwarted them at every turn.
As to answering Miller’s allegation of the President’s extramarital affair with Miss Gibson, the success or failure of the defense would depend entirely on how Miss Gibson conducted herself testifying and under cross-examination on the witness stand. In replying to the House charges of Congressional contempt, Negro favoritism, alcoholism by Dilman, once more the defense managers were ready to rest their case entirely on the impression made by their own eye-witnesses and expert deponents.
It was Article IV, Dilman observed, that continued to disturb his managers the most. This would resolve itself into a battle over the constitutionality of the New Succession Bill, and the degree to which Congress might ever be permitted to limit the powers of the executive branch.
To reinforce his rebuttal of Article IV, Nat Abrahams had, the morning after accepting Dilman’s defense, insisted that the President make a new appointment to the office of Secretary of State, thus replacing Eaton. After hours of indecision, Dilman had finally settled upon Jed Stover, the Assistant Secretary for African Affairs, as the career diplomat best qualified to succeed Eaton. Happily, Stover had been enthusiastic about permitting his name to be used in this token gesture. Not unexpectedly, the Senate, without seriously considering Stover’s appointment while in committee, had rejected the replacement with a heavy vote. Then, to put their rebuke of the President indelibly on the record, the Senate had again declared Dilman’s removal of Arthur Eaton illegal, and had sustained Eaton as Secretary of State (and next in line to the Presidency) until the disagreement could be resolved during the trial of impeachment. As a gesture, Abrahams had submitted the issue of the unconstitutionality of the New Succession Bill to the Supreme Court, aware that it could not be considered before the impeachment trial ended.
Fort forty minutes, Dilman heard out the give-and-take on these points among his managers, offering only an occasional comment himself. Now, glancing at the marble-encased clock, with its time-piece, calendar, barometer, a clock that went back to the time of Ulysses S. Grant, Dilman could see that it was almost a quarter after eight.
As the morning’s vital strategy session approached its conclusion, Dilman studied the men whose clever minds, vast legal experience, honest interest in justice would represent him before the bar.
Dominating the four, of course, was Nat Abrahams himself, chestnut hair rumpled, seamed profile drawn, long frame slouched into the heart-backed Victorian chair, as he chewed the hard rubber stem of his briar pipe and listened. His trusted junior partner, a brilliant graduate of the University of Chicago School of Law, was animatedly speaking. Felix Hart was deceptively callow-looking, cherubic, ebullient, imitative of Nat’s careless manner of dress-deceptively, because his easy outer aspect hid a pertinacious, clawlike, investigative brain. It was he who had supervised and directed the dredging up of all of Dilman’s earlier life in the Midwest, trying to pinpoint what might be harmful to their case and at the same time watch for what might be useful.