Mike Morelli-who was almost killed on April nineteenth-recently reminded me that in the wake of 9/11, the powers- that-be repeatedly referred to that tragedy in the ensuing days to obtain passage of legislation or to secure reelection. In the wake of 9/11, we passed the Patriot Act, a measure that always stood on shaky constitutional ground and probably would not have survived had it come before the Supreme Court. But that wasn’t enough. Illegal activities became rampant, including a multiyear program of domestic eavesdropping conducted by the NSA on orders from the White House, and a clearly unconstitutional policy of opening private mail without a warrant. Prisoners were detained indefinitely without being charged or given access to a lawyer. Torture techniques were condoned. All illegal, yet in those panicked years following 9/11, it happened. It seems that even now, there is no tragedy so great that someone will not exploit it for political advantage.
“There was much confusion about who was behind 9/11. We went to war against a nation we were told was involved-but in fact may have had little or no connection to the tragedy. Similarly, there has been much confusion about who was behind April nineteenth. No one was sure exactly who did it or why it was done, but we were all certain it was an act of terrorism and consequently, dire measures needed to be taken to prevent such terrorism in the future. Except-”
Ben let the mid-sentence pause linger, giving everyone a chance to wonder what exactly he was going to say next.
“Except,” he repeated, “the massacre of April nineteenth did not originate with a foreign power. We now know it was orchestrated by the late Senator DeMouy, using cash-hungry sex traffickers as accomplices, in a cynical if not demented attempt to set himself up for a run at the presidency, using the tragedy as a platform to gain national exposure. What’s more, we now know that Senator DeMouy’s subsequent death had nothing to do with terrorists. To the contrary, in perhaps the ultimate moment of irony, this callous killer was himself murdered by his wife and his chief of staff-lovers trying to eliminate an unwanted spouse. What once seemed so large turns out to be very small indeed. The motivation that the president and others have given us for this sweeping change in the American way of life turns out to be misplaced. The real threat was within our borders all along.”
Ben detected a stirring from the Republican side of the aisle. Even though he had not yet stated his position, those who were paying attention had begun to sense that this speech was not going where they expected.
“What can we learn from this? Does this prove that America will never face danger from terrorists? Obviously not. Can we say that America will never have any use for increased abilities to gather intelligence and prevent crime? No. But regardless of whether this legislation is desirable, we almost rushed into it to deter a threat that did not actually exist. You can discern the pattern as easily as I can-decisions made in haste, decisions made in the aftermath of tragedy, decisions based upon fear, are rarely sound ones. If we are to say farewell to fundamental American liberties this nation has enjoyed since its founding, perhaps that is a decision that should be made pursuant to cold, logical deliberation-based upon reason, not fear.”
There were many perplexed expressions on both sides of the aisle. The secret was out now. He might as well declare himself.
“As you may have already surmised, I no longer favor passage of this bill. I announce this with considerable heaviness of heart. I know the president and others have counted on my support, but that is support that I can no longer give in good conscience. Even though I tried to deny it at the time, the fact is, I was swayed-misled, perhaps-by the horrible injuries suffered by my friend. He sacrificed himself for me, for his president, and I was desperate to ensure that a tragedy of that enormity could not happen again. I was willing to give up even more than our civil liberties-I almost traded my support of two measures that this country sorely needs to be strong, not militarily or defensively, but to ensure that this remains a land of opportunity for one and all.”
As soon as Ben paused, Senator Keyes shot to his feet, obviously angry. “Will the senator from Oklahoma yield the floor?”
“I will not,” Ben said firmly. “But I will promise that I won’t talk much longer.”
Keyes fumed. “Surely this turncoat doesn’t think he has the right to monopolize the floor.”
Ben smiled. “This turncoat believes he has the right to speak, and further believes that his entire talk will take considerably less than the hour and ten minutes that Senator Keyes spoke yesterday, so I don’t really see that he has any grounds to complain.”
Keyes persisted. “Will the senator yield for a question?”
“No, but I will pose this question to you, Senator Keyes. What are you so afraid of?”
Ben took a breath, paused, turned, then continued, before Keyes was tempted to answer his rhetorical question.
“What I think you and others are afraid of, Senator, is not foreign mercenaries or political demagogues, but the American people. Because people are inherently unpredictable-especially when they are free. They cannot be readily controlled. And that’s what this bill is, ultimately. An attempt to gain more control over the rank-and-file citizen. That’s understandable. If this episode has taught us anything, it’s that we must always remain vigilant. Not just against terrorists-but against ourselves. We ourselves pose the only real threat to American democracy.
“I have changed my mind, or perhaps more accurately, returned to what I always deep down knew was right, honored the voice in my head that was trying to tell me I was making a mistake. I just wouldn’t listen. I was working against instinct, against my heart, because I hoped to honor my dear friend. Today I plan to honor Mike by voting against this amendment that he, a prominent law enforcement officer, despises. And I hope that each and every one of you finds someone you can honor by ensuring that no matter what the future holds for them, they will never be stripped of their fundamental rights.
“I hope each of you will examine your own reasons for supporting this bill. If you are convinced this is the direction the nation should take-so be it. But if you are voting based upon fear, or panic, or to retain popularity or party favor-please don’t. These are perilous times, unique in our national history. The greatest danger we face is not terrorists, but the thudding impact of unexamined certainty. Doubt is healthy. Doubt is evidence of thought. We no longer can afford knee-jerk reactions or politicians toeing the party line to comply with some parodistic idea of party dogma. Do we seriously believe that only Democrats care about the environment, poverty, and education? Or that only Republicans want America to have thriving businesses, a strong economy, and low taxes? Of course not. If there is one great truth that has emerged from this sordid incident, it’s this: We are in this together. We stand or fall as one. We exist as a nation-or not at all.”
Ben slowly returned to his desk, laid his hands flat upon it, then turned to deliver his final words.
His voice dropped to a whisper. “This is the United States of America, ladies and gentlemen. The United States of America.” He paused, letting the full impact of his words sink in. “We stand for something. And God willing, we always shall.”
It started slowly at first, just two hands pressed together on the far Democratic side of the floor. Then that clap found a partner somewhere on the opposite side. And before Ben knew it, the entire floor seemed to be applauding. He heard cheering from the press pit. Senators rose to their feet, one after the other. The gallery swayed with the impact of stomped feet, hooting and hollering. Even those Ben knew would still vote for the amendment were awarding him their respect.
He turned and, in the far rear of the chamber, saw Christina beaming at him. Which meant more to him than all the other accolades combined.
Five full minutes passed before the vice-president managed to restore order in the Senate chamber.
“Senators, we will now vote on the pending matter of Senate Bill 1451. The yeas and nays have been ordered. The clerk will call the name of each senator in alphabetical order. Respond with ‘yes’ if you favor passage of the bill, ‘no’ if you do not favor passage. The bill must obtain two-thirds of the votes cast in order to pass.”
The clerk began, a solemn tone to his voice. “Mr. Abernathy…”
Abernathy, a third-term Democrat from Maine, rose to his feet. “Yes,” he said firmly.
“Mr. Anderson?”
“Never.”
“Mrs. Atkins?”
“I vote yes.”
“Mr. Baum…”
56
