“I would say it depends on your definition of guilt.”
“Who’s policing the military, Mr. Anderson? To make sure what happened to Sergeant Stanley doesn’t happen again?”
“The military is policing itself. And doing a good job.”
“Stanley was decided in 1986. Since that time we’ve had Tailhook, the still-unexplained incidents in the Persian Gulf War, and now the rape of female Army personnel. Do you call that doing a good job?”
“Well, every large organization will have small pockets of trouble.”
Knight bristled. “I rather doubt if the victims of these crimes would describe them as small pockets of trouble.”
“Of course, I didn’t mean — ”
“When I alluded to extending immunity to police, firemen, hospitals, you didn’t agree with that, did you?”
“No. Too many exceptions to the rule disproves the rule.”
“You recall the Challenger explosion, of course?” Anderson nodded. “The survivors of the civilians on board the shuttle were entitled to sue the government, and the contractor that built the shuttle, for damages. However, the families of the military personnel on board were denied that right because of the immunity granted to the military by this court. Do you consider that fair?”
Anderson fell back upon the old reliable. “If we allow lawsuits against the military it will unnecessarily complicate the national security of this country.”
“And that’s really the whole ball of wax,” Ramsey said, pleased that Anderson had raised the point. “It’s a balancing act, and this court has already determined where that balance lies.”
“Precisely, Mr. Chief Justice,” Anderson said. “It’s bedrock law.”
Knight almost smiled. “Really? I thought bedrock law was the constitutional right of citizens of this country to seek redress of their grievances before the courts. No immunity from suit was granted to the military by any law of this country. Congress did not see fit to do it. In fact, it was this court in 1950 which invented, out of broadcloth, such specialized treatment, and they apparently did so, in part, because they were afraid that allowing such suits would bankrupt the U.S. Treasury. I would hardly call that bedrock.”
“However, it is the controlling precedent now,” Ramsey pointed out.
“Precedents change,” Knight replied, “particularly if they’re wrong.” Ramsey’s words truly irked her, since the chief justice had no problem overturning precedents of long standing when it suited him.
Anderson said, “With all due respect, I think the military is better suited to handle this matter internally, Justice Knight.”
“Mr. Anderson, do you dispute this court’s jurisdiction or authority to hear and decide this case?”
“Of course not.”
“This court has to determine whether serving your country in the military ironically carries the price of stripping away virtually all protections one has as a citizen.”
“I wouldn’t phrase it quite that way.”
“However, I would, Mr. Anderson. It’s really a question of justice.” She locked eyes with Ramsey. “And if we can’t deliver justice here, then I truly despair to think of where one could find it.”
As Fiske listened to these impassioned words, he looked again at Sara. As though she somehow knew he was looking, she glanced at him.
Fiske had the strong sense that she was thinking the same thing he was: Even if they somehow solved this whole mystery and the truth finally came out, would Rufus Harms ever really find justice?
CHAPTER FORTY-NINE
* * *
Josh Harms finished his sandwich and then idly smoked a cigarette as he watched his brother doze in the front seat of the truck. They were parked on an old logging road in a dense forest. Driving through the night, they had finally stopped because Josh could barely keep his eyes open, and he didn’t trust his brother to drive, since Rufus hadn’t been behind the wheel of a vehicle for almost thirty years. Besides, when they were on the road, Rufus, for obvious reasons, had to be in the back of the truck. Rufus had kept watch while his brother had dozed and now Josh had taken up the sentinel.
They had talked during the drive about what they were going to do. Much to his own surprise, Josh found himself arguing that they shouldn’t go to Mexico.