Another gasp came from the public. Fiske looked around at Sara. Her eyes were still fixed on Knight. Fiske peered over at Ramsey. He was livid.
In effect, what youre asking is for this court to deny to Barbara Chance and similar plaintiffs one of the most cherished constitutional rights we possess as a people: the right to our day in court. Isnt that what youre asking? Letting the guilty go unpunished?
Mr. Anderson, Ramsey broke in. What has happened to the men who perpetrated these sexual assaults?
At least one has been court-martialed, found guilty and imprisoned, Anderson again promptly replied. Ramsey smiled triumphantly. So hardly unpunished.
Mr. Anderson, the record below clearly establishes that the actions for which the man was imprisoned have been going on for a very long time and were known to higher-ups in the Army, who declined to take any action. In point of fact only when Barbara Chance went to the local police did an investigation ensue. So tell me, have the guilty been punished?
I would say it depends on your definition of guilt.
Whos policing the military, Mr. Anderson? To make sure what happened to Sergeant Stanley doesnt happen again?
The military is policing itself. And doing a good job.
Stanleywas decided in 1986. Since that time weve had Tailhook, the still-unexplained incidents in the Persian Gulf War, and now the rape of female Army personnel. Do you call that doing a good job?
Well, every large organization will have small pockets of trouble.
Knight bristled. I rather doubt if the victims of these crimes would describe them as small pockets of trouble.
Of course, I didnt mean
When I alluded to extending immunity to police, firemen, hospitals, you didnt agree with that, did you?
No. Too many exceptions to the rule disproves the rule.
You recall theChallengerexplosion, of course? Anderson nodded. The survivors of the civilians on board the shuttle were entitled to sue the government, and the contractor that built the shuttle, for damages. However, the families of the military personnel on board were denied that right because of the immunity granted to the military by this court. Do you consider that fair?
Anderson fell back upon the old reliable. If we allow lawsuits against the military it will unnecessarily complicate the national security of this country.
And thats really the whole ball of wax, Ramsey said, pleased that Anderson had raised the point. Its a balancing act, and this court has already determined where that balance lies.
Precisely, Mr. Chief Justice, Anderson said. Its bedrock law.
Knight almost smiled. Really? I thought bedrock law was the constitutional right of citizens of this country to seek redress of their grievances before the courts. No immunity from suit was granted to the military by any law of this country. Congress did not see fit to do it. In fact, it was this court in 1950 which invented, out of broadcloth, such specialized treatment, and they apparently did so, in part, because they were afraid that allowing such suits would bankrupt the U.S. Treasury. I would hardly call that bedrock.
However, it is the controlling precedent now, Ramsey pointed out.
Precedents change, Knight replied, particularly if theyre wrong. Ramseys words truly irked her, since the chief justice had no problem overturning precedents of long standing when it suited him. Anderson said, With all due respect, I think the military is better suited to handle this matter internally, Justice Knight.
Mr. Anderson, do you dispute this courts jurisdiction or authority to hear and decide this case?
Of course not.
This court has to determine whether serving your country in the military ironically carries the price of stripping away virtually all protections one has as a citizen.
I wouldnt phrase it quite that way.
However, I would, Mr. Anderson. Its really a question of justice. She locked eyes with Ramsey. And if we cant deliver justice here, then I truly despair to think of where one could find it.
As Fiske listened to these impassioned words, he looked again at Sara. As though she somehow knew he was looking, she glanced at him. Fiske had the strong sense that she was thinking the same thing he was: Even if they somehow solved this whole mystery and the truth finally came out, would Rufus Harms ever really find justice? ["C49"]CHAPTER FORTY-NINE
Josh Harms finished his sandwich and then idly smoked a cigarette as he watched his brother doze in the front seat of the truck. They were parked on an old logging road in a dense forest. Driving through the night, they had finally stopped because Josh could barely keep his eyes open, and he didnt trust his brother to drive, since Rufus hadnt been behind the wheel of a vehicle for almost thirty years. Besides, when they were on the road, Rufus, for obvious reasons, had to be in the back of the truck. Rufus had kept watch while his brother had dozed and now Josh had taken up the sentinel. They had talked during the drive about what they were going to do. Much to his own surprise, Josh found himself arguing that they shouldnt go to Mexico.
What the hells going on with you? I didnt think youd want any part of that. You said you didnt, Rufus had said in wonderment.
I didnt. But once we made up our mind hell, once I made upmymind then all Im saying is we should stick to it. I dont like being no wimp on shit like that. If youre going to do something, then you should do it.
Look, Josh, if Fiske hadnt thought real fast, wed both be dead right now. I dont want you on my conscience.
See, thats where you aint thinking. Hell, it aint going to get any worse than it is. Why dont we see what we can do to help it get better? You were right: They deserve whats coming to em. Seeing those two boys at Riders office, I almost shot em down in cold blood, and I aint never done nothing like that in my whole life. Fiske and that woman, they stood up for us. Maybe theyre shooting straight.
Rufus had stared at him. And you dont have a problem with them?
What the hell, you think Im racist? Josh had pulled out a cigarette as he said this, a grin lighting his face.
I cant figure you out, Josh.
You aint got to figure me out. I aint figured me out, and Ive had a long time to do it. All you got to do is decide if you want to go to Mexico or you want to stick it out. And dont worry about me. If theres anybody that can take care of himself, then youre looking at him.
That had done it, and as soon as his brother woke up, they were going to head back toward Virginia, hook up with Fiske and see what they could do. If it was proof that was needed, then they could get proof, somehow, some way, Josh believed. They had the truth on their side, and if that still didnt count for something, then they might as well go ahead and get themselves shot up. Josh eyed the surrounding woods. The leaves had already started to turn here, and the way the sunlight cut and dipped through the foliage presented a pleasing combination of colors and textures. He often sat in the woods when hunting; hed find an old log and rest his bones, taking in the simple beauty of the country, a marvel that didnt cost you a dime. After coming back from Southeast Asia, he had avoided the woods for several years. In Vietnam, the trees, the dirt, everything around you meant death by some of the most ingenious methods the Vietnamese could devise. He checked his watch. Another ten minutes and they would have to be on their way. He looked back out the window and squinted as the sunlight reflected off something and hurt his eyes. He sucked in his next breath instead of letting it go, spit his cigarette out the window, started the engine and put the truck in gear.
What the hell, Rufus said as he was jolted awake.
Get your gun and keep your damn head down, Josh hollered at him. Its Tremaine.