The Patriot Threat (47 page)

The Foreign Intelligence Surveillance Court functions in the same manner and at the same locale as in chapter 14. All of the statistics cited about that court are accurate.

Several interesting personalities are portrayed in the story.

First and foremost is Andrew Mellon. His bio, and that of his father, Thomas, noted in chapter 15, are accurate. Mellon did in fact retain control of the Treasury Department through three successive presidential administrations. My speculation as to how that might have happened, though, is just that. Mellon also greatly admired Robert Burns’ “Epistle to a Young Friend” (chapter 46). In 1924 he published
Taxation: The People’s Business,
and the excerpt from that book quoted in chapter 35 is verbatim. Mellon’s 1937 funeral, burial in Pittsburgh, and eventual reburial in Virginia happened (chapters 46 and 64). The Homewood Cemetery and Mellon mausoleum in Pittsburgh, along with the family plot in Upperville, Virginia, are there (chapter 67). The only fictional addition was the marble door with
XIV
carved into it. The definitive biography of this fascinating man is a 2006 volume,
Mellon: An American Life,
by David Cannadine.

Philander Knox is another curious character. His background and faults (as described in chapter 16) are accurate. He was secretary of state in 1913 when the 16th Amendment was supposedly ratified. He was also a close friend of Andrew Mellon. As first detailed in chapter 16, it was Knox who convinced President Harding to first appoint Mellon secretary of Treasury. Likewise, Harding refused to appoint Knox to any cabinet post, a decision Knox openly resented. Whether there was any subterfuge regarding the 16th Amendment, or if Knox passed some secret on to Mellon, we will never know. All the reasons offered in chapter 40 as to why Knox might have ignored any irregularities in the ratification process (though my speculation) are grounded in history.

David Finley was indeed close with Andrew Mellon, considering him a friend and mentor. After Mellon died in 1937, Finley oversaw the construction of the National Gallery and became its first director. Finley went on to achieve legendary status in American art circles, instrumental in the creation of the National Trust for Historic Preservation.

Haym Salomon is one of the unsung heroes of the American Revolution. His exploits (as detailed throughout the story) are factual (chapter 20). The Continental Congress stayed broke, and it was Salomon who found the money to fund the fight (chapter 28). Those nearly one hundred references in Robert Morris’ diary that simply said,
I sent for Haym Salomon,
are real (chapter 20). The monument in Chicago (chapter 30) is one of the few to Salomon that exist. His $800,000 in loans would indeed be worth many billions today, and those debts remain unpaid. Congress did consider restitution several times (chapter 20) but never approved anything. In the hope of repayment, the documentation relative to those debts was provided to the Pennsylvania treasurer in 1785, but subsequently disappeared (chapter 28). That Andrew Mellon found this evidence, then hid it away, is entirely my invention.

Outside the state of Virginia George Mason is a relatively unknown Founding Father (chapter 51). But he was important. He did refuse to sign the Constitution, and his references to a
tyrannical aristocracy
(chapter 24) are documented. Gunston Hall is Mason’s Virginia home, but any contributions made to its restoration by Andrew Mellon are fictional. Mason was the principal author of the 1776 Virginia Declaration of Rights, which Jefferson drew upon for the Declaration of Independence and Madison utilized to frame the Bill of Rights (chapters 51 and 54). It remains one of the most important documents in American history.

The $1 bill is somewhat of a character, too. It was redesigned in 1935, at Franklin Roosevelt’s insistence (prologue). The Great Seal was then added, and Roosevelt ordered that the pyramid be placed on the left and the eagle on the right. The image in chapter 32 is from the actual memo where Roosevelt noted this preference in writing. The 1935 issue did not have
IN GOD WE TRUST
, which was added in 1957 (chapter 24). As to the six-pointed star formed by connecting five letters across the seal of the United States (atop the pyramid), resulting in the anagram for the word
Mason,
there is no explanation why it’s there. But it is. Regarding the thirteen stars in the Great Seal, above the eagle, that also form a Star of David (chapter 28), legend says George Washington did in fact ask for this inclusion as thanks to Haym Salomon. But no one knows for sure. Again, there is no denying that the image is there. Section 111 of the Omnibus Appropriations Act (chapters 28 and 68) actually does forbid the altering or changing of the $1 bill. And eerily, the $20 bill shown in chapter 48, when properly folded, does reveal images strikingly similar to what happened on 9/11.

Disney turns up in several places. First, relative to Kim Yong Jin’s fall from grace, then with a Disney-themed program on North Korean television (chapter 27). That broadcast actually happened in July 2012. Finally, the print of Walt himself (chapter 7), with the slogan
It’s kind of fun to do the impossible,
hangs on both Kim’s office wall and mine.

Audiotaping by Roosevelt in the Oval Office happened. He was the first president to utilize this tool. The conversations noted in chapter 22, though, are fiction. The actual tapes are stored in the Roosevelt Library at Hyde Park. The scene described from the day Roosevelt died (chapter 24) is reasonably accurate. The examination by his doctor happened, and the conversation between them is factual. Of course, the addition of Mark Tipton was mine, though there would have been a Secret Service agent present at all times. The Little White House at Warm Springs still stands and is now a national park. All of the derogatory comments Danny Daniels makes relative to Roosevelt (chapter 30) are taken from historical accounts, some of which paint an image of the man quite different from his public persona.

Zadar lies on the Croatian coast with its sheltered harbor and islands (chapters 33, 34, 36, and 38). The city library is accurately described, as is the American Corner (chapters 41, 43, and 49). Solaris is my invention, a composite of several east Croatian border towns.

The Beale cipher exists, and the Declaration of Independence proved relevant in deciphering one of its three codes (chapter 43). The image reproduced in chapter 43 is from the actual Beale cipher. The puzzle Andrew Mellon leaves behind is my invention. To create it, I applied the Beale cipher to the Virginia Declaration of Rights, just as Malone does in chapters 51 and 54.

There is a desk inside the Smithsonian Castle, located on the ground floor in the west wing. Curator Richard Stamm showed it to me, and it does contain a multitude of hidden compartments. Though intriguing, I decided instead to use the 18th-century Roentgen secretary’s cabinet on display at New York’s Metropolitan Museum of Art. As noted in chapter 56, it may be the single most expensive piece of furniture ever made, loaded with secret compartments. I moved that desk to Washington, DC, and made it a Mellon gift to the Smithsonian. The Smithsonian conservation lab (noted in chapter 60) is an amazing place, where rare books and old documents are saved every day.

The National Gallery of Art is an American wonder, created by Andrew Mellon. Its elegant exterior, the Founders Room, rotunda, dome, fountains, galleries, and garden court all can be visited (chapters 60, 62, and 64). In Gallery 62 hangs Edward Savage’s
Washington Family
. Mellon bought the painting on January 29, 1936. It hung in his DC apartment (even after his death in 1937) until 1941, when it was moved to the National Gallery, where it has remained ever since. All of the symbolism noted in chapter 62 was intentional on Savage’s part. Amazingly, there’s even a plug in the lower right corner of the massive frame (one I discovered
after
I had fabricated my own), there to accommodate an iron support.

China is North Korea’s most important ally, providing vital commerce and cash (chapter 26). China is also America’s number one foreign creditor. Income tax does account for over 90 percent of federal revenues (chapters 7 and 35). Sadly, all of the statistics concerning the national debt (chapter 35) are true. That debt accrues at a staggering rate of over $1 million every minute, and there are indeed websites with counters where you can watch it grow. Also, what Danny Daniels says about the correlation between higher tax rates and lower revenues (chapter 35) is correct.

This novel deals with income taxes. Whether the 16th Amendment was properly ratified is a fascinating legal question. My exposure to this issue first came when I discovered
The Law That Never Was.
It’s a treatise by a man named William Benson, who took the time to visit all 42 states that supposedly ratified the amendment, documenting exactly the processes followed and analyzing whether they conformed with that state’s law. Some of what he found is disturbing and compelling. Whether it be true or not, I’ll leave to others to ascertain. This is a novel—which by definition is not real. But I did include two of the more glaring examples Benson uncovered—Kentucky and Tennessee (chapters 33 and 34). Interestingly, Benson also encountered (as did the characters in the story) the problem of missing originals. His arguments are not wholly irrational. The federal courts, though, have consistently avoided the issue, their logic and reasoning weak (as detailed in chapter 37). The appellate opinion reproduced in chapter 12 is fictitious, but the language is quoted verbatim from several actual decisions.

In 1922 the Supreme Court held that a secretary of state’s declaration that a constitutional amendment has been ratified is conclusive, not subject to judicial review (chapter 37). Whether that be sound reasoning or not, the issue has never again been considered by the Supreme Court. The 16th Amendment was born out of early-20th-century politics, and was actually designed to fail, but didn’t (chapter 31). Initially, it applied only to a small segment of the country (less than 5%), who could avoid the tax through loopholes intentionally built into the first revenue act passed in 1913. It was Roosevelt, in 1943, who took the tax mainstream with withholdings now coming straight from people’s paychecks (chapter 67).

Several memoranda are reproduced throughout the novel, all of which are my creations save for the one dated February 13, 1913 (chapter 67). It is loosely based on an actual memorandum from the solicitor general dated February 15, 1913. Images of this document populate the Internet. That memorandum raises several legal questions about the ratification of the 16th Amendment. One sentence of my memo is quoted verbatim from the actual document:

Under the Constitution, a state legislature is not authorized to alter in any way an amendment proposed by Congress, the function of the state consisting merely in the right to approve or disapprove the proposed amendment.

But that is precisely what happened during the ratification process. The proposed amendment was altered by state after state in a variety of ways. And the secretary of state at the time, Philander Knox, ignored not only that reality but also the solicitor general and declared the 16th Amendment “in effect.”

Why not “ratified”?

A meaningless distinction?

Or a reaction to the legal advice he’d received?

We’ll never know.

What exactly would happen if the 16th Amendment was somehow tainted from the start? Thirty-six states were needed at the time for ratification. Forty-two considered it. What if more than six of those states have serious legal issues regarding their adoption votes? Many say that’s the case. The problems discussed within the memo cited in chapter 67 came from their research.

But the courts refuse to listen.

And with good reason.

The issue exposes a huge vulnerability.

At one point in the novel (chapter 29) Kim Yong Jin calls the 16th Amendment’s possible illegality “the cleverest weapon of mass destruction ever devised.”

And he may be right.

ABOUT THE AUTHOR

STEVE BERRY
is the
New York Times
and #1 internationally bestselling author of ten Cotton Malone novels, and four stand-alones. He has 19 million books in print, translated into 40 languages. With his wife, Elizabeth, he is the founder of History Matters, which is dedicated to historical preservation. He serves as a member of the Smithsonian Libraries Advisory Board and was a founding member of International Thriller Writers, formerly serving as its co-president. You can sign up for email updates
here
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