7
BY THE TIME Rachel and I got out of the car near Justice, the sky had cleared. I asked Rachel, "What did the radio say about the funeral?"
"The parade, or whatever they call it, will be Friday. He'll lie in state at the Capitol Building. Closed coffin. Then there's a memorial ceremony at the National Cathedral on Sunday. Dignitaries from around the world… I don't remember the rest."
"Here we are." We walked through the sliding glass door, which closed behind us, leaving us locked in a small glass space that allowed the guards to see us. The glass was bulletproof. After about five seconds the other doors opened and we passed into the lobby. We told one of the guards who we were and were led to a conference room on the third floor at the west end of the building. The others were already there. No one was there from Justice yet. I wondered whether they were trying to annoy us by being late.
Morton said, "Let me take the lead on this, Mike."
Fine with me. Arguing with Justice wasn't my favorite sport.
Everybody was standing on the window side of the table except Morton and me. Suddenly the door was thrown open and three people walked in, two men and a woman. The one in the lead was in his late forties. He was clearly in charge and wanted everyone to know it. He was balding but wore his hair in a buzz so you couldn't really tell. He wore thin-wire glasses and had thin, angry lips. He placed the files he was carrying on the table in the middle, and the other two flanked him on either side. The woman was in her late thirties and attractive. The other man was remarkably tall and looked unintelligent. The one in charge looked around the room and said, "I'm Richard Packer. Deputy attorney general in the Criminal Division. I deal mostly with fraud cases." He let that sink in for a moment. "This is Alice Tomlinson, she's the assistant deputy, and this is Ed Wellenger."
We each introduced ourselves and Richard said, "Please, sit down."
He sat at the head of the table and opened a folder in front of him. "First, I'd like to thank you all for coming. I know you've come a long way, and I want to get right to the point. We will have many details to work out, and we have many requests that we would like you to comply with immediately. But first, let me say, that at the direction of the attorney general, who is acting at the direction of President Cunningham-"
It was jarring to hear "President Cunningham."
"-we've opened a criminal fraud investigation into the contract that was entered into between the United States and WorldCopter, relating specifically to the purchase of Marine One." He opened the massive briefcase sitting next to him on the floor and pulled out a document. "I have here a memorandum from the Pentagon which outlines the process by which this helicopter was selected, the representations made by WorldCopter both in the contract and outside of the contract, and concludes with the concerns that have been raised since the crash. I'm glad to see that you are represented by counsel," Packer said to Martin. "This prosecution could result in your personal incarceration as well as that-"
Morton spoke intensely but quietly. "There's no need to try to intimidate our clients. They get it. But they also know something you don't. There has been no fraud. So they're not afraid of an investigation. We'll cooperate, but we will not submit our clients to your browbeating. Clear?"
Packer ignored Morton and adjusted his eyeglasses in that way of officious bureaucratic men whose power is derived from something other than ability. "I have brought with me a list of things that the United States will need immediately." I loved it when they did that, acted as if they were the country and spoke for everyone in it. "We will need documents, e-mails, access to numerous personnel, samples of parts, drawings, blueprints, and access to your offices and manufacturing plant both here and in France. If you are even considering not cooperating and voluntarily producing this information, we will immediately issue the appropriate subpoenas, and then, today, this afternoon, I will call a press conference to announce that we have initiated a fraud investigation and that WorldCopter is not cooperating. How do you want to play this?"
Morton sat in stunned silence sticking his hand out for a copy of the list, which was not forthcoming.
I'd seen this kind of blustering dozens of times. "Would you mind if I asked you something?" I asked suddenly.
Packer looked at me with contempt. "And you are?"
"Mike Nolan, attorney for WorldCopter."
"I thought that Mr. Morton was representing them in this matter."
"We both are. So again, may I ask you a question?"
"Of course."
"Has the NTSB formed a conclusion on what caused this accident that I missed? Because if they haven't, how exactly do you find the nerve to begin an 'investigation' of one of the finest companies in the world with zero evidence of what you claim to be investigating? Isn't this because one senator-and really the press-have demanded an investigation? All you're doing right now is diverting resources from finding out what actually happened. I suggest you let the NTSB figure out what caused this accident, and then if you think WorldCopter needs to go to the woodshed, bring it."
Packer was unmoved. "I already know that WorldCopter failed in its obligations to the United States. The people who worked on Marine One, we now learn, never obtained the appropriate security clearances. They are in violation. So NTSB's conclusions, while interesting, will not determine the direction of my investigation."
I leaned forward with my elbows on the table, nearly standing. "And do you know why WorldCopter was in violation? Because the FBI didn't do its job. Your investigators failed to go to France. They were too busy. So they failed to do the job that they refused to entrust to the French government. They're the ones who delayed the security clearances, and yet at the same time, your Pentagon, which has given you that supposed memo about the contract, is almost certainly silent about how dicked-up the process was. They demanded that no construction be done until the security clearances were completed and, on the other hand, demanded that the helicopter be delivered on schedule or there would be massive late-performance penalties." I sat back and waited, then said, "I think we should just wait on all this until the NTSB investigation is completed."
Packer stared at me with contempt. He finally said, "No. Your client will produce these materials immediately." He slid the list across the table to me. I picked it up, glanced at it, slid it to Morton, and said, "Look, Dick, I'm here to tell you there's no call for this investigation. I fly that helicopter all the time in the Marine Corps reserves. Do you hear them clamoring for an investigation? No. It's the best helicopter they've ever flown. There has never been a fatal crash in the history of its production. There has never been an accident of any kind since the Marines started flying it three years ago, and there's no reason to believe this accident is because of the design or any manufacturing problem."
Packer ignored me and said to Morton, "So let's go down this list and you can tell me which group of documents will be delivered to this office in ten days, and which ones will take thirty."
By the time Rachel and I got back to the office, Annapolis was quiet, lit only by streetlights and an occasional car. Everyone in the firm knew we were coming back, and several had waited to hear what had happened. We gave them a quick summary, then I went up to my office to drop off some papers before heading home. Rick Berberian followed me upstairs. He closed the door behind him. He never closed my door, so something was bugging him. He made small talk for a while while I packed up, then said, "This is an amazing case, Mike. Biggest thing either of us has ever had, no doubt."