Authors: Robert K. Tanenbaum
“This is rather unusual, Mr. Karp,” Dermondy said.
“We believe that it's a matter of grave national security, and goes to the very heart of this case. In fact, I will be making an application to treat this person as a hostile witness with interests contrary to the People's case, which will become apparent very
quickly when I begin my examination. Therefore, my questions may be more leading than is usually allowed.”
“Very well, Mr. Karp, but we'll be watching, and if deemed inappropriate, the questions and responses will be stricken from the record,” Dermondy responded.
“I understand, Your Honor.”
“Very well, return to your places, gentlemen.” Dermondy looked at Constantine and announced, “You may step down, but you are still under oath and are subject to recall.”
The judge turned to the jurors. “Ladies and gentlemen of the jury, the defense has indicated that the defendant, Mr. Constantine, will be their only witness, which concludes their case. At this time, the People are allowed to call rebuttal witnesses to refute evidence or testimony presented by the defense. Mr. Karp, you may call your first witness.”
“The People call Sylvia Hamm.”
21
A
MOMENT OF SHOCKED SILENCE
enveloped the courtroom. Members of the media looked at one another and mouthed the words, “Sylvia Hamm? The president's national security adviser? Holy . . . !”
As the room began to buzz like a beehive that had just been kicked, several members of the press stood and tried to push their way between the pews as they rushed for the exit. The appearance of one of the most influential people in the country was a shocking turn of events, and their bosses were going to want to know.
With the spectator section beginning to devolve into bedlam, Judge Dermondy banged his gavel. “Order in the court. If you
can't control yourselves, you'll be removed,” he threatened, which had the desired effect of silencing the spectators in the gallery.
All eyes turned to the side door leading from the witness waiting room. It opened to reveal the short, blockish national security adviser, Sylvia “Sukie” Hamm. She looked like an angry badger in a purple pantsuit.
“Madam, would you please step forward to be sworn in,” Dermondy said.
Hamm stalked into the courtroom and toward the witness stand, glowering at Karp as she advanced. She continued to stare him down as she was sworn in and took a seat.
“Good morning, Ms. Hamm,” Karp said as he walked out into the well of the court.
She didn't reply, but he'd expected the chilly reception. Jaxon told him that three days earlier, when federal marshals served her with the subpoena to appear, she'd laughed it off. But her federal lawyers were unable to quash the subpoena, and now she feared that the “chickens may have come home to roost.” In any event, Karp had an ace up his sleeve to get her to New York City that had worked like a charm, though Hamm didn't yet realize she'd fallen into a trap.
“Ms. Hamm, would you please tell the jury what you do for a living?” Karp asked.
Hamm rolled her eyes. “Really, Mr. Karp? Is this charade necessary?”
Annoyed with her arrogance, Judge Dermondy admonished the witness's hubris. “While you're in this courtroom, you'll answer the questions posed by the prosecution, unless I rule otherwise. Is that clear, Ms. Hamm?” Hamm stared at Dermondy, but then nodded. The judge told Karp to proceed.
Hamm answered, “I'm currently the assistant to the president for national security affairs, sometimes referred to as the national security adviser.”
“And who do you work for?”
“I serve at the pleasure of the president of the United States.”
“You work for the president.”
“Yes, that's what I said.”
“And what does that job entail?”
“I'm the chief in-house adviser to the president on national security issues. I also participate in meetings of the National Security Council, as well as committee meetings with the secretary of state and the secretary of defense.”
“And how often do you meet with the president?”
“At least once a dayâalmost every morning to brief him on national security issues and offer my advice. However, it may be more often; for instance, during times of crisis, I keep him updated on important developments as they occur.”
“You mentioned that you attend meetings with the secretaries of state and defense,” Karp said. “Do you also confer regularly with U.S. intelligence agencies, such as the CIA and Federal Bureau of Investigation?”
“Yes, those and others. It's part of my job to assimilate the information these various groups provide, put it together as an overview, and present it to the president.”
“So it's fair to say you have your finger on the pulse of those issues that affect the security of the United States and its citizens?”
“That's one way to put it.”
Karp strolled over toward the defense table, where Constantine looked bored while his attorney jotted down notes on a legal pad. Looking down at the accused billionaire, Karp asked, “Do you know the defendant, Wellington Constantine?”
Hamm looked up at the ceiling as if she couldn't believe she had to endure such vapid questions. “Of course I know Mr. Constantine,” she said, “and consider him a friend, as does the president, I might add.”
“And how do you know the defendant?”
“Oh, come on, Karp,” Hamm said tersely.
Karp looked at Dermondy. “Your Honor, would you direct the witness to just answer my questions, please.”
The judge looked at Hamm and raised an eyebrow. She sighed.
“I believe I met Mr. Constantine during the president's first presidential campaign.”
“In fact, he's been a major contributor to both of the president's campaigns, isn't that true?”
“Objection,” Arnold said, rising to his feet. “Your Honor, what is the relevance of this line of questioning? Mr. Constantine's relationship to Ms. Hamm and the president isn't on trial here.”
“Mr. Karp?” Dermondy asked.
Karp crossed his arms and walked back over to the jury box, where he leaned against the rail. “Subject to connection, Your Honor. The rebuttal case will reflect the linkage among what I'm asking Ms. Hamm, the testimony of Mr. Jaxon, and the defendant's substantial financial influence at the highest echelons of the executive branch of the U.S. government. And the chain reaction that influence has on the sale of black-market oil, collusion with rogue governments, the arming of terrorists, subterfuge meant to dupe the American public, and the murder of the victim in this case, Colonel Michael Swindells.”
As he spoke, Karp glanced at Hamm and saw her face tighten.
Surprised her with what we know
, he thought.
That's what arrogance will do for you.
Dermondy nodded. “I'll overrule the objection, subject to connection. The witness will answer the question.”
Hamm shot the judge a hard look. She shook her head but answered. “Yes, he, like many other people and organizations in this great country, believed in the president and contributed to his first and second election campaigns.”
“And, in fact,” Karp pointed out, “contributed the maximum amount allowed by individuals, is that true?”
“I believe that's true . . . as did many other people,” Hamm said. “He's a wealthy man, and I believe he supports many candidates who share his views.”
“The maximum personal contribution is twenty-five hundred dollars, barely a drop in the bucket for a man whose net worth according to
Wealth
magazine makes him one of the richest men in the world.”
“I wouldn't know Mr. Constantine's net worth. But his contribution was what the law allowed.”
“But that's just the personal contribution,” Karp said. “There are other ways to contribute to political campaigns and causes, aren't there? Such as the so-called Super PACs
that allow well-heeled special-interest groups, corporations, and unions to contribute millions of dollars to candidates and causes, correct?”
“It is all within the law, Mr. Karp.”
“It is,” Karp agreed. “But nevertheless, it allows an individual, such as the defendant, to contribute millions of dollars through these political action committees.”
“It allows people associated with these committees to support candidates and causes they believe in. Campaigns are expensive these days.”
“Indeed they are,” Karp replied. “I believe the current president's last campaign spent more than seven hundred million dollars.”
“I wouldn't know.”
“No?” Karp responded rhetorically. “And these millions of dollars that go into campaigns are intended to buy influence, are they not?”
“Your term âbuy influence' has a negative connotation that I suggest resides more in your mind than in reality. As I said, these committees use the money to support candidates and causes they agree with, and it's not illegal.”
“No, but would you agree that attempting to buy or sell political influence is immoral?”
“OBJECTION!” Arnold shouted. “The prosecutor is making political speeches.”
“I'll withdraw the question,” Karp responded. “Would it surprise you to know that the defendant is nearly the sole source of money for the Super PAC known as Americans for Change and Progress, which contributed nearly eighty-five million dollars to your employer's last campaign?”
“I know AFCP contributed to the campaign, as well as to other campaigns and causes. I don't know the amount. I have no idea what Mr. Constantine does with his money,” Hamm replied. “I know that he is a big contributor to the president's party, as well as many candidates, and that AFCP is a well-funded Super PAC. But I'm a foreign policy wonk, Mr. Karp; I don't get involved in politics and wasn't expecting to debate campaign finance reform today.”
“A foreign policy wonk,” Karp repeated. “Still, you're aware that the defendant is, as you said, a big contributor. Would you say he spends millions of dollars to buy influence with the president?”
“OBJECTION!” Arnold shouted.
“Sustained,” Dermondy said. “You've made your point. Move on, please.”
Karp nodded. “Ms. Hamm, are you aware of whether the defen
dant attends White House social functions, such as state dinners?”
“Yes. I have seen him at such events on occasion. It's not unusual for business leaders, as well as politicians, and even entertainers, to attend these functions.”
“And are you aware if the defendant ever meets privately with the president?”
“Again, as I pointed out before, the president considers Mr. Constantine a personal friend. He also welcomes his advice on the economy as an astute and successful businessman.”
“Would this include foreign business ventures?”
“Quite possibly. Mr. Constantine's company, Well-Con Industries, has interests and facilities all over the world.”
“Including oil refineries in the Middle East?”
“I believe that's true.”
“Including Iraq.”
Hamm frowned. “If I remember correctly, his assets in Iraq are in the hands of the terrorist organization Islamic State of Iraq and Syria, or ISIS. Some of those facilities are now destroyed to prevent ISIS from refining or transporting oil due to coordinated U.S., Syrian, and Russian air strikes, which are a testament to the president's persuasive diplomacy.”
“And how do we know these facilities have been destroyed?” Karp asked.
“We have satellite and military surveillance imagery, as well as assets on the ground who report on the damage.”
“And some of these strikes have been directed at Well-Con assets?”
“Yes, unfortunately for Mr. Constantine.”
“Was he told of these impending strikes?”
“As a courtesy, yes.”
“And he approved?”
Hamm smiled over at Constantine, who smiled back. “I don't know if he approved, but he certainly understood the necessity and, I must say, has been asked to accept an enormous financial blow on behalf of national security.”
“Does the defendant regularly discuss national security issues with you or the president?”
“Of course not,” Hamm scoffed. “We may ask him a question about the political or business situation in a part of the world where he has assets, including people on the ground. But he is not privy to discussions and decisions regarding national security issues.”
Karp walked over to the evidence table and picked up a sheet of paper in a plastic sleeve. “Ms. Hamm, I am handing you People's Exhibit 38, a single page from a journal kept by the defendant.”
Hamm accepted the exhibit and studied it. She shot the defendant a look, then turned to Karp. “I've read it.”
“What do you believe the defendant meant by the statement âMIRAGE is moving forward at last'?”
“I believe he's referring to the air strikes on his facilities. The program is called Operation MIRAGE.”
“Why is it called MIRAGE?”
“Because it's in the desert, Mr. Karp, and seemed to fit.”
“What about the statement âAll the players have been replaced. Just movable pieces'?”
“I have no idea what he meant by that. An editorial comment, perhaps?”
“And the statement âThe refineries are back at full capacity and deliveries are being made'?”
“Mr. Constantine had been informed that ISIS, either through forced participation or their own experts, were running his refineries at full capacity until destroyed by the air strikes.”
“He doesn't say anything about the facilities being destroyed. Just that MIRAGE is moving forward at last. Wouldn't he have noted that?”
“I don't know the date of that journal entry,” Hamm said. “Perhaps he had not yet been informed about the destruction caused by the air strikes. But really, Mr. Karp, I have no idea what Mr. Constantine chose to include in his journal.”
“The air strikes that were confirmed by satellite and military surveillance imagery?”
“Yes, that's right. As well as people on the ground reporting in.”
“Do you know who ISIS was selling this black-market oil to?”
“We have reason to believe they were selling the oil to Iran and North Korea.”
“Which U.S. oil companies are not allowed to do business with because of economic sanctions, correct?”
“That's correct, which is why they'd been happy to deal with ISIS.”
“Ms. Hamm, in the defendant's journal, he also wrote, âOne problem has been eliminated but another remains. She's the weak link and has to go.' Any idea what he meant by that?”
Hamm frowned and shook her head. “I'm not sure. I know there were some high-level meetings with executives from other oil companies that stood to lose their Iraqi assets during Operation MIRAGE. They weren't happy about it, and the president asked Mr. Constantine to attempt to persuade them of the national interest in this matter. I think these meetings were sometimes rancorous.”