17
Ben picked up the small booklet and began turning to the amendment in question, the one that governed presidential succession. He had read it before, of course, but not recently. And never before had it been so relevant.
“You can’t do that!” President Kyler roared. “As long as I’m still standing, I’m the president.”
“Not if you’re incapable of performing your duties!” Swinburne shouted back.
“I don’t become incapable just because we have a difference of opinion.”
“No, you’re incapable because you’re insane!” Ben scanned the amendment as quickly as he could. He didn’t enjoy watching the president when he seemed so beaten and ineffectual, and it was hard to forget the bizarre behavior he had witnessed twice that morning. He forced himself to remember the Roland Kyler he had followed throughout the campaign, the inspirational leader who had given the country new hope, the possibility of alleviating the problems, both domestic and foreign, that confronted the nation. That was the man he wanted to remember, and that was the man he wanted to see rise again.
He also reminded himself, not for the first time that day, of the gigantic favor Kyler had done for Christina. This man, despite being probably the busiest person on earth, had taken time to do a kindness for his wife.
Ben would not let him down when he needed a return favor.
He quickly read the amendment. Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President….
“You don’t have the authority to take me out of office on your own,” President Kyler said.
“The Constitution gives me the right to take over in the event the president in stark raving mad!”
“As determined by the vice president? If that were the law, no president would be in office very long. Especially not if you were their vice president!”
“Gentlemen,” Secretary Ruiz said, “please calm down. This isn’t a playground. The nation is in peril. Let’s proceed with this in a calm and orderly fashion and-”
“Proceed with what?” the president asked. “The delusions of this man who would be king? President Swinburne’s thinly veiled political coup?”
Ben read all the faster.
Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide… their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President…
Swinburne continued. “In the event that the president is found to be mentally unbalanced-”
“You don’t have the authority or expertise to make that decision.”
“I shouldn’t have to!” Swinburne glared at Dr. Albertson. “Look, Doctor, no more mollycoddling. It’s time for you to step up to the plate. I know Roland is your longtime friend, but there are lives on the line now, so you’re going to have to cowboy up.”
Albertson coughed into his hand. “I don’t-I don’t know what you’re saying, or implying, but-”
“I’m saying I know how it pains you to have to make a decision, particularly if someone might get a little mad at you, but the time has come. You’ve seen the president’s aberrant behavior. You know he’s off his rocker. So say so. Make a formal medical declaration that he is unfit for office. So I can take over and save thousands of lives.”
Albertson looked down at the carpet. “I’m just-I’m-I’m not prepared to-”
“If you need to make a little examination or something, then do it already. Get on with it!”
“No, I’m saying, I don’t-I mean-I don’t believe-I don’t want-”
Swinburne slapped his forehead. “Would you stop stuttering already? Give me what I need. All you have to do is say the word and it’s a done deal and we can get the country out of this mess!”
“Actually, you’re wrong,” Ben said.
Everyone in the room looked up. Ben had spoken so much more quietly than anyone else who had spoken recently that it had the impact of a cry of “Fire!” in a library.
“What are you saying?” Swinburne said, his neck twisted to one side.
Ben cleared his throat. Here we go… “You don’t have the authority to declare the president incapable. Not even if you have the support of the president’s doctor. I’m sure his thoughts are worth hearing-nothing personal, Doctor-but the Constitution doesn’t mention the president’s doctor at all.”
“It mentions the vice president.”
“True. But you have the authority to displace the president only with the agreement of the majority of the leaders of the various executive departments. In other words, the cabinet.”
“Do you see the cabinet down here, Mr. Lawyer?”
“Only two members. The secretary of state, Mr. Ruiz, and the secretary of defense, Mr. Rybicki. But even if you have their votes, they don’t constitute a majority or even a plurality, so you still don’t have the constitutional requirement for forcing the president out of office.”
“Look, if the rest of the cabinet is unavailable-”
“That’s not what the Constitution says. It doesn’t cover that contingency. I’m sure the framers of this amendment never foresaw a situation like this one. But the fact remains. You don’t have the authority.”
Swinburne came right up to Ben, hovering over him. “Do you want to see innocent people killed, you fool? What are you doing?”
“My job. Advising the president on the law-and, if necessary, enforcing it.”
“This isn’t just a game, kid!”
Ben stood up and looked the vice president squarely in the eye. “No, sir. It is not. This is very serious. And that is why it is so important that the law be strictly followed. To the letter.”
“We don’t have time-”
“These constitutional protections were inserted into the amendment for a reason-to protect the president against any undesirable power plays or conspiracies.”
Swinburne seemed inflamed. “Are you suggesting-”
“All I’m suggesting is that the president, like any other U.S. citizen, is entitled to constitutionally provided procedural protections. Like due process. Like the right to a fair trial. Part of the reason these constitutional guarantees were created was to prevent hasty, reactionary decisions in difficult times that would undermine the fundamental philosophy of the nation.”
Swinburne turned and slapped his hand on the table. “Then what do you suggest, know-it-all? I for one will not just stand here yapping while this man takes us to the brink of disaster. I won’t be paralyzed just because we can’t contact the other members of the cabinet.”
Seemingly out of nowhere, Agent Zimmer popped into view. “Actually,” he said, “we can.”
Ben walked toward him. “Do you know where they are?”
“Yes. The other cabinet members have all been moved to-” He stopped short. “A safe location.” Ben was glad to see that someone in the room hadn’t forgotten that they very likely had a mole in the bunker. “But I am in contact with them. I can put them on speaker-phone. I can arrange for them to hear all of you in here. In fact, I can use my webcam to set up a video line so they can see what’s going on.”
“Perfect,” Ben said.
“Wait just a minute,” Swinburne said, stepping between them. “What are you talking about?”
“What I’m talking about,” Ben said, “is a trial.”
“Are you joking? We don’t have time for a trial.”
“You’re going to have to make time. The Constitution sets out a procedure. We will follow it.”
“But the missiles will be launched in-”
“I understand your opinion. However, the Constitution doesn’t make allowances for the suspension of constitutional rights in the event that the vice president is in a big hurry. Or even for a national emergency. The Constitution guarantees due process. To all citizens.”