Decency (24 page)

“Ye-ss, Ms. Bonafacio, I may very well want to do that. When should we have this interview?”

“I suggest tomorrow morning at 9:00. By then, I will have had the chance to coordinate with the U.S. Attorney’s office, the IG, and other offices here. For the foreseeable future, I will be the point of contact for this case. If you or your own counsel, if you obtain one, have questions about it, please contact me.”

“All right…uh…thanks, I guess.”

“You’re quite welcome. I’ll see you in the morning, Dr. Cochran.”

“Kelly, Judge Reichardt’s chambers. On the line.”

“That’s surprising. Okay, thanks, Jannie.”

“This is Kelly Hawkins.”

“Ms. Hawkins, this is Carly Bennett, Judge Reichardt’s secretary. I’m calling in regard to your case, Pierce versus Cochran.”

“This soon? Nothing’s been filed by the opposition yet, has there?”

“I don’t know that, Ms. Hawkins. Judge Reichardt has asked me to arrange a conference for tomorrow or as soon as all counsel are available. Normally, he would do it by phone but he’s asked me schedule it for chambers. Can you come tomorrow, either at 8:00 a.m. before he goes into trial or at 4:00 in the afternoon?”

“Either time is fine tomorrow. You say ‘normally.’ Does the judge always have a conference right after the complaint is filed?”

“Lately, he has been. He likes to get things scheduled as soon as possible. I understand that many of the judges are starting to do that.”

“All right.”

“Ms. Hawkins, I’ll put you on for 8:00 a.m.. I’ll confirm with your secretary.”

“That’s fine, Ms. Bennett. Thanks.”

Kelly punched the intercom, “Bonnie, you there?”

“Yes, Ms. Hawkins.”

“Come on up. We have a scheduling conference with Judge Reichardt tomorrow morning.”

“Wow. That’s fast. Be right there.”

Waiting for Bonnie, Kelly scanned the biography of Paul Karl Reichardt, Chief Judge, United States District Court for the District of Maryland, retired.

“…b. May 15, 1937, Jena, Germany. Immigrated United States, 1941, at Baltimore, Maryland. Citizen 1955. Graduated
cum laude
Johns Hopkins University, 1958. Graduated
magna cum laude
Harvard University Law School, 1961. Clerk, Justice William O. Douglas, United States Supreme Court, 1962. Assistant Solicitor General, 1962-1964. Deputy General Counsel, AFL-CIO, 1965, General Counsel, 1966-1967. Member, Piper & Marbury, 1968-1976. United States Attorney, District of Maryland, 1976-1979. United States District Judge, District of Maryland, 1980-1996. Chief Judge, United States District Court, District of Maryland, 1997-2007. Retired status, 2007 to present.”

With a quick knock, Bonnie came in.

“Bonnie, let me fill you in on what I think. First, although I only appeared before Reichardt once some years ago, and I doubt he remembers, he has built quite a reputation. Carter appointed him because the unions would not support him for a Senate candidacy. He was not perceived as an unquestioning union supporter - a must for Maryland Democrats. He’s an old style liberal, believes in the worker’s rights against both employer and union. But I would not expect that to help us much.

“Second. He’s been around long enough to maybe have had an NSA case before. We want to check that out. Lastly, this is a scheduling conference only. But I’m still going to use it to get any edges we can, even though Reichardt won’t let counsel get ahead of him. Just don’t get your hopes up. If you have any suggestions for what to try for just jot them down before the day is out. Don’t make it formal or elaborate.”

“I’ll be sure to have them to you before the day is over so you can take them directly to chambers with you in the morning - and on legal paper, not e-mail.”

“Great, you’ve got me pegged.”

Carly Bennett spoke into her intercom phone. “Judge Reichardt, counsel for all parties are ready.” She listened, then put down the phone. “The judge is ready. Please go on in.” She closed the door behind the group as they went in.

Inside the judge’s chambers was like entering the library of an English country estate. Thick grey carpet cushioned the floor, the furniture was heavy and upholstered in burgundy leather. Judge Reichardt wore a finely crafted worsted suit, crimson tie, and a highly starched blue shirt. He sat bolt upright in a huge matching leather armchair behind a monstrous desk. His face seemed all Prussian cheekbones and chin.

As soon as the door clicked behind them, Judge Reichardt did not hesitate.

“We will go on the record.”

A court reporter’s hands promptly began levering five hushed keys on the stenographic machine.

“Counsel will state their representation for the record.”

Kelly quickly said, “May it please the Court. Good morning, your Honor, I am Kelly Hawkins of Kramer Hawkins in Washington, D.C., for the plaintiff.”

“Good morning, Ms. Hawkins, it is nice to see you again. Counsel for defendants?”

“If it please the Court, good morning, Judge Reichardt, I am Katherine Holdredge, United States Attorney for the District of Maryland for the defendant United States of America. Accompanying me is Ms. Angela Bonafacio, Assistant General Counsel, National Security Agency. I should state for the record that defendant James Cochran has requested the United States to provide legal counsel to represent him. The United States Attorney General has not yet approved that request. I understand that Ms. Bonafacio informed Mr. Cochran of this hearing and his right to be represented. Mr. Cochran did not indicate to Ms. Bonafacio whether he would attend or be represented by private counsel.”

“Good morning Mrs. Holdredge. You are always welcome here. Ms. Bonafacio, you are certainly welcome as well.”

“Thank you, your Honor.”

Judge Reichardt clearly appreciated the close observance of the ancient forms of etiquette.

“Mrs. Holdredge, may I assume that you requested permission of the Attorney General to provide representation of Mr. Cochran for purposes of this hearing.”

“Yes, your Honor. We had not received a response as of when I left my office to come here.”

“Very well. We must resolve this issue before proceeding. To whom did you speak, Mrs. Holdredge?”

“Michael Carbajal of my office, whom your Honor knows, spoke to Ms. Sankrit Singh of the Office of Legal Counsel.”

The judge picked up his phone, which apparently did not require dialing to reach his secretary.

“Mrs. Bennett, would you kindly telephone Ms. Sankrit Singh of the Office of Legal Counsel in the Justice Department? I will wait on the line.”

No more than a minute later, the Judge spoke into the phone, “One moment please.”

He punched a button, cradled the receiver and spoke up in the louder voice everyone uses on speakerphones.

“Ms. Singh, this is retired Chief Judge Reichardt of the United States District Court in Baltimore. We are on the record in a hearing in the matter of Pierce v. Cochran. Counsel for the plaintiff, Ms. Kelly Hawkins of Washington D.C., the United States Attorney for the District of Maryland, Mrs. Katherine Holdredge, representing the United States, and, accompanying her, National Security Agency counsel, Ms. Angela Bonafacio, are also on this speakerphone.”

“Uh…yes, your Honor.” Ms. Singh did not yet know if she was in trouble or not.

“Ms. Singh, Mrs. Holdredge has informed me that her assistant, Michael Carbajal, requested through
you
that the United States Attorney for the District of Maryland be authorized to represent the individual defendant, Mr. Cochran, for purposes of this hearing and that you had not responded as of this time.”

The Judge did not give her the chance to confirm. He knew there was no need to do so. No lawyer in the United States Attorney’s office would ever misstate any fact to the former Chief Judge in the District. “Ms. Singh, what is the present status of that request?”

“Your Honor…I’m sorry you found it necessary to ask but…please, one moment, I’ll find out.”

Ms. Singh left the conversation without a “click” to indicate she put the Chief Judge on “hold.” All parties present could imagine her, majestic title, majestic office and all, scurrying to find some way to avoid making her boss look like he was holding the Chief Judge’s schedule hostage.

She came back to the phone with just the tiniest whine in her voice betraying guilt.

“Your Honor, I apologize for the delay. I am authorized to state that the request of the United States Attorney for the District of Maryland to represent Mr. Cochran for the specific purpose of your hearing is approved.”

The Judge did not give her any consolation. “Thank you, Ms. Singh.” He punched the speakerphone button after the briefest possible moment.

The judge’s expression did not change. He immediately launched his agenda.

“All parties are now represented and we shall proceed. I have several matters to discuss before we get to the issue of a scheduling order.

“First, plaintiff has filed a motion for leave to file motions
in camera
. The time for response to the motion for leave has not expired and the opposing parties have not responded. Plaintiff’s motion for leave to file motions
in camera
is granted.

“Second, the defendant United States has filed a motion to seal the proceedings and the record. The time for response to this motion has not expired and the plaintiff has not responded. The motion is denied without prejudice to renew it with respect to specific portions of the proceedings and the record.

“Third, I now inquire of counsel whether you have consulted with each other with respect to scheduling, anticipated motions, possible discovery and or stipulations, or any other matters?”

Kelly nearly jumped out of her chair at the chance.

“No, your Honor. To be candid I had not anticipated this hearing. Consequently, I had not sought to consult with opposing counsel. I will make myself immediately available for that purpose.”

“Very well. Ms. Hawkins, you will prepare and submit within ten days a report of the results of consultation. If no agreed report is feasible, both sides are to submit reports.

“With regard to scheduling, I will hold in abeyance making a scheduling order pending the report. However, I suggest the following as a general guide. Days are to be counted from the date of this hearing. Written discovery requests, sixty days. Responses thereto, ninety days. All discovery complete, one hundred twenty days. Dispositive motions, one hundred fifty days. Trial, one hundred eighty days.

“Is there anything any party wishes to bring up now?”

“Your Honor, thank you. The plaintiff will be submitting a written motion to sequester all materials in the possession of the defendants related to the decedent Samantha Pierce. I would like to make that motion orally, now.”

“You may proceed.”

“Your Honor. Particularly because the focus of the case is upon a person who is now deceased it is critically important to the plaintiff’s ability to obtain relevant evidence that whatever materials - papers, computer files, etc.- that exist in the possession of the defendants be preserved. Those materials may be the only extant source of information. We request the court to order that all such materials be immediately identified, isolated, and preserved.”

“Defendants?”