The Jefferson Key (11 page)

“And what have you done with this grant?”

“We were there in the War of 1812 and helped end that conflict. We were involved in the Civil War, the Spanish-American War, and both world wars. When the national intelligence community was created after World War II, we were recruited to assist them. Of late, for the past twenty years, we have plagued the Middle East, disrupting financial activities, stealing assets, denying funds and profits. Whatever is needed. Obviously we have no sloops or corsairs today. So instead of sailing off in ships armed with men and cannons, we travel digitally, or work through established financial systems. But as you can see, the letter of marque is not explicit to ships.”

No, it was not
.

“Nor to time.”

Davis rose and reached for a small pamphlet he kept handy on a shelf titled
The Constitution of the United States.

Hale saw the title and said, “Article One, Section 8.”

The man had read his mind. He was looking for legal authority and found it exactly where Hale had said
.

The Congress shall have the power to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
.

“Letters of marque have existed since the 1200s,” Hale said. “Their first recorded use was by Edward
III
in 1354. It was considered an honorable calling, combining patriotism with profit. Contrary to pirates, who are but thieves.”

That rationalization was interesting
.

“For 500 years privateering flourished,” Hale said. “Francis Drake was one of the most famous, devastating Spanish shipping for Elizabeth I. European governments routinely issued letters of marque not only in war, but in peacetime. It was so common a practice that the Founding Fathers specifically granted Congress the power to issue such letters, and the people approved when the Constitution was ratified. That document has been amended twenty-seven times since our founding, and never has that power been modified or removed.”

Hale seemed not to attack his listeners so much as to persuade them. Instead of thundering out his point, he dropped his voice, exhibiting a focused attention
.

Davis raised a half-open hand to say something, then changed his mind as the pragmatist within him reasserted itself. “What do you want?”

“A letter of marque grants the holder legal protection. Ours is quite specific on that. We simply want our government to honor its word.”

“He’s a damn pirate,” Daniels blurted out. “So are the other three.”

Malone nodded. “Privateers were the nursery of pirates. That’s not my observation, but Captain Charles Johnson’s. He wrote a book in the 18th century,
A General History of the Robberies and Murders of the Most Notorious Pyrates
. A big seller for its time, still in print today. An original edition is worth a fortune. It’s one of the best records of pirate life that exists.”

Cassiopeia shook her head. “I didn’t realize you had such an interest.”

“Who doesn’t love pirates? They declared war against the world. For a century they attacked and looted at will, then they vanished, leaving almost no record of their existence. Hale’s right about one thing. It’s doubtful America would be here except for privateers.”

“I admit,” Daniels said, “that I never knew just how much these opportunists did for us. A lot of brave and honest men took to privateering. They gave their lives, and obviously Washington felt an obligation toward them. But our merry band today isn’t quite that noble. They can call themselves what they want, but they’re pirates, pure and simple. Incredibly, though, the 1793 Congress sanctioned their existence. I bet there aren’t too many Americans who know that the Constitution allowed that to happen.”

They sat in silence for a moment while the president seemed lost in thought.

“Tell them the rest,” he finally said to Davis.

“After the Revolution ended, Archibald Hale and his three compatriots formed a Commonwealth. Using their letters of marque, together they fattened their pockets. They also added to the Treasury, paying out the specified twenty percent they owed to the new national government. That’s something else I’m sure most Americans have no idea about. We made money off those thieves. With the current bunch, their income tax returns bear little relation to their lifestyles. And yes, for the past couple of decades their talents have been used by our intelligence community. They managed to do some damage in the Middle East, pillaging financial accounts, stealing assets, devaluing companies whose profits were being funneled to extremists. They’re good. Too good, actually. They don’t know when to stop.”

“Let me guess,” Malone said. “They started stealing from folks that we’d prefer they leave alone.”

“Something like that,” Daniels said. “They’re not real good on taking direction, if you know what I mean.”

“A dispute broke out between the Commonwealth and the
CIA
,” Davis said. “The last straw came with all the trouble in Dubai and its financial meltdown. The
CIA
determined that the Commonwealth had been engineering most of that chaos. As the Dubai national debt skyrocketed, the Commonwealth cherry-picked the best assets, buying them for pennies on the dollar. They also thwarted certain debt restructures that nations in the region were offering to solve the crisis. In general, they were a giant pain in the ass. But we couldn’t let Dubai go under. They’re one of the few moderates in that region. Somewhat of an ally. The Commonwealth was told to stop, they said they would, but then they kept right on. So the
CIA
pointed the
IRS
at them. They then squeezed the Swiss, who caved and provided financial records on all four members of the current Commonwealth. It’s been determined that those four owe hundreds of millions in back taxes. If done right, we can seize all their assets, which total in the billions.”

“That’s enough to make a bunch of pirates real nervous,” Cotton said.

Davis nodded. “Hale came to me and wanted protection under his letter of marque. And he has a point. The language specifically immunizes them from all laws, save for murder. White House counsel tells us the letter is legally binding. The Constitution of the United States directly authorizes it, and the letter itself mentions an act of Congress that approved it.”

“So why isn’t it being honored?” Cassiopeia asked.

“Because,” the president said, “Andrew Jackson made that impossible.”

NEW
YORK
CITY

WYATT
HAD
NOT
APPRECIATED
THE
REMINDER
ABOUT
HIS
FIRING
. True, charges had been brought against him by Malone, a hearing was held, and three mid- to high-level paper pushers, none of them a field operative, had determined that his actions were unwarranted.

Was I simply to shoot it out with Malone?
he had asked the tribunal.
He and I, guns blazing, hoping we make it, while three agents wait outside?

He’d thought the question fair—it was the most he’d said at the entire hearing—but the tribunal decided to accept Malone’s assessment that the men had been used as targets, not as protection. Incredible. He knew of half a dozen agents who’d sacrificed themselves for less reason. No wonder intelligence gathering was rife with problems. Everyone seemed more concerned about being right than being successful.

With little choice, he’d accepted his termination and moved on.

But that did not mean he’d forgotten about his accuser. Yes, these men were right. He owed Malone.

And he’d tried to repay that debt today.

“Do you realize that Carbonell is all but gone?”
NSA
said. “
NIA
is useless. Nobody needs it or her anymore.”

“The Commonwealth is going away, too,”
CIA
made clear. “Our modern-day pirates will live out their lives in a federal prison, where they belong. And you never answered our question. Were the pirates responsible for what happened today?”

The dossier Carbonell had provided about the Commonwealth had contained a brief overview of its four captains, noting that they were the last remnants of 18th-century adventurers, direct descendants of pirates and privateers. An excerpt from a psychological evaluation had explained how a navy man went to sea knowing that if he fought the good fight and won, rewards would come his way in the form of praise and advancement. Even if he failed, history would record his exploits. But it required a person of unusual bravery to face danger when he knew that no one would learn of his deeds. Especially when, if he failed, most would cackle at his misfortune.

Privateers had labored under both conditions.

If successful, their reward was a division of the spoils. Vary from their letter of marque in any way and they became pirates and were hung. A privateer could capture one of the king of England’s most formidable cruisers and the act would scarcely have been known. If along the way life or limb were sacrificed, too bad.

They were on their own.

Easy to see, the report had concluded, why they might play loose with the rules.

NSA
stepped close. “You set Malone up, then led him straight into a trap. You knew what was going to happen there today. You wanted someone to shoot him, didn’t you? What’s the matter, Wyatt, lost your taste for killing?”

He stayed calm and asked, “Are we through?”

“Yep. You’re through,”
CIA
said. “Here. But since you’re not going to tell us anything, we have people who can be more successful in acquiring answers.”

He watched as they shifted on their feet, waiting for him to acknowledge their superiority. Perhaps that threat of a more intense questioning was designed to scare him. He wondered what possessed them to think that such a tactic would work. Luckily, he’d socked away enough tax-free money in foreign banks to live comfortably forever. He really needed nothing from any of these people. That was one advantage of being paid from a black-ops budget—no W-2s or 1099s.

So he debated his options.

He assumed the two men who’d brought him were just outside the door. Beyond the window, on the opposite side of the room, past the blinds, was surely a fire escape. All these older buildings possessed one.

Should he be quiet and take two down or make some noise and drop all four?

“You’re coming with us,”
NSA
said. “Carbonell has a lot of explaining to do and you’re going to be witness number one for the prosecution. The man who can contradict her lies.”

“And you think I would actually do that?”

“You’ll do whatever you have to do to save your hide.”

Interesting how little they knew about him.

A mechanism from deep within seized control, and he allowed it.

One swing of his body and his right fist found CIA’s throat. Then he doubled
NSA
over with a kick to the chest, careful for the legs not to lose their balance. While the one man fought to breathe, he pounded NSA’s neck with a short chop, breaking the man’s collapse with his arms, then gently laying the stunned man on the floor.

He then stepped behind
CIA
and wrapped an arm around his neck.

“I could choke you to death,” he whispered in the man’s ear.

He gritted his teeth and increased the pressure on the windpipe.

“I’d actually enjoy watching you suck your last breath.”

Tighter.

“Listen to me,” he said. “Stay. The hell. Out of my way.”

CIA
reached for his arm.

He increased the hold. “Do you hear me?”

Finally, the man nodded, then a lack of oxygen sucked all resistance from the muscles.

He released his grip.

The body folded to the floor, hardly making a sound.

He checked for pulses. Faint, but there. Breathing was shallow, but constant.

He stepped to the window, opened it, and left.

MALONE
WAS
WAITING
FOR
BOTH
DANIELS
AND
DAVIS
TO
EXPLAIN
what was happening with Stephanie. But he also realized the president had much to say. So, since they were 30,000 feet in the air with nowhere to go, he decided to sit back and listen as Daniels explained what happened in the spring of 1835.

“Jackson was furious over the assassination attempt,” the president said. “He openly blamed Senator Poindexter from Mississippi, called the whole thing a Nullifiers’ conspiracy. He hated John Calhoun. Called him a traitor to the Union. That one I can understand.”

Calhoun had been Jackson’s vice president and, initially, a big supporter. But in the face of a rising southern sympathy, Calhoun had turned on his benefactor and started the Nullifier Party, advocating states’ rights—especially southern states’ rights. Daniels, too, had seen his share of vice-presidential traitors.

“Jackson had dealt with pirates before,” Daniels said. “Jean Lafitte in New Orleans he liked. Together they saved that city during the War of 1812.”

“Why do you call these people pirates?” Cassiopeia asked. “Were they not privateers? Specifically authorized by America to attack its enemies?”

“That they were and, if they’d stopped there, it might have been okay. Instead, once they received that letter of marque in perpetuity, they were hell on water.”

He listened as Daniels explained how during the Civil War the Commonwealth worked both sides of the conflict.

“I’ve seen classified documents from that time,” Daniels said. “Lincoln hated the Commonwealth. He planned on prosecuting them all. By then privateering was illegal, thanks to the Declaration of Paris in 1856. But here’s the rub. Only fifty-two nations signed that treaty. The United States and Spain refused.”

“So the Commonwealth kept going?” Cassiopeia said. “Using that failure to their advantage?”