to be, a member of a terrorist organization, the Green Party of the United States. '
'What?' Peter said.
Col. Trecker rapped his gavel. 'You will speak only in answer to a direct question. Continue, Major. '
'Defendant was at the time of his death under the influence of a Class I controlled substance, cannabis sativa. ' Peter disappeared from the screen, replaced by a medical report that came and went too fast for him to read it. 'the concentrations of intoxicating agents in defendant's blood indicate that his motor functions would have been considerably impaired, and that mountain hiking under this influence would have been criminally reckless according to prevailing legal standards. ' A list of legal decisions scrolled across the screen.
'Counselor Burkhardt, do you accept these facts as stipulated?' Trecker asked.
'We do, Colonel. '
'Since when is the Green Party a terrorist group?' Peter said.
Trecker got up from behind his desk, walked up to Peter's table, and leaned over Peter. 'If you speak again without being asked a direct question, I swear on my mother's Bible that I will bang your head on this table until you can count your teeth on one hand. Is that clear? that was a direct question. '
Peter's throat had dried shut. He coughed and managed to say, 'Clear. '
Trecker nodded and went back to his desk. 'Major. '
'Following from the entered stipulations, and under the Terrorism Penalties Enhancement Act of 2005 and the VICTORY Act of 2005, we accuse the defendant of terrorist acts resulting in death. In addition, we accuse the defendant of making comments pejorative to the stature and actions of the Commander in Chief, which act to undermine confidence in the United States of America and therefore weaken our efforts to fight global terror. '
'Peter Skilling, do you understand the charges against you?'
'I sure as hell do not,' Peter said. 'What did I do that was terrorist? Since when is it illegal to make pejorative comments about idiot politicians?'
'Counselor,' Trecker said. 'Advise the defendant before I have to get up again. '
Burkhardt's hand fell heavily on Peter's shoulder. 'Peter. You've put yourself in a tricky situation here, and you're only making it worse. Wouldn't you be better off cooperating and not being quite so antagonistic?'
'Are you defending me, Burkhardt?'
'That is my role, yes, and I am very proud to perform it. ' Burkhardt straightened. 'I believe we can count on a more civil atmosphere,' he said to Trecker.
The colonel nodded. 'How do you answer the charges?'
'Oh, not guilty. In addition, I move for the dismissal of the pejorative-comment and undermining-confidence charges, which are possible only under laws passed during the 2020s. Clearly Peter can't be charged with a crime that didn't exist at the time of his death, and at that time, free-speech law was much less codified than it has since become. '
Trecker looked down at his PDA. After a moment's consultation, he said, 'those charges are dismissed. '
'Objection,' Major Fullerton said.
'Overruled. Major, you will make your case only on the charge of terrorist acts resulting in death. Proceed. '
Hope fluttered weakly in Peter's stomach. Burkhardt had done the job so far. He might be a crazy robot, but Dr. McBride had said he was built to ensure protocols were met; what else would you want in a lawyer?
'Colonel, the government's case is simple. Under the Terrorism Penalties Enhancement Act of 2005, it is a capital offense to commit an act of terrorism that results in a death. The VICTORY Act of 2005 liberalized the definition of terrorism to include drug possession and distribution if it could be shown that drug money financed terrorist organizations. The defendant has admitted that his supplier was a member of the Green Party of the United States, which was on terrorist watchlists as early as 2003 and officially added to the government's list of terrorist organizations in April of 2005 following the first reelection of President George W. Bush. ' On the wall screen, Peter watched himself say that Phil Kokoszka was a Green.
'Medical and toxicological reports indicate that the defendant was seriously impaired by marijuana intoxication at the time of his death. Under the provisions of the Terrorism Penalties and VICTORY Acts, his purchase of marijuana was a terrorist act in that it benefited a known terrorist organization. His use of that same marijuana impaired his physical coordination to the extent that he suffered a fatal fall on Mount McKinley. It is clear that his terrorist act of purchasing marijuana from the Green Party of the United States led directly to his decease, which makes the Terrorism Penalties Act applicable here and leaves the government no choice but to subject the defendant to the ultimate sanction. The only question is whether or not the defendant is compos mentis, and to answer that issue the government calls Burkhardt. '
Before Peter could say anything, Burkhardt slapped a metal hand over his mouth. 'Please, Peter. This is all standard. You must realize that things aren't the same as you remember. We're all much safer now. '
Letting go of Peter's jaw, Burkhardt stood and walked out in front of the table. Trecker swore it in.
'Do you find the defendant Peter Skilling to be fit for trial?' Major Fullerton asked it.
'Peter has done an exceptional job of adapting to severely trying circumstances,' Burkhardt enthused. 'I would not have thought it possible for him to be as well-adjusted as he is, but I can find no evidence of deficiency in analytic or emotional responses. What a fine example of the human mind he is. '
Numbness was slowly settling over Peter's mind. Now I can't believe this is real, he thought. No way. I'm still on the mountain, and all of these lunatics are a dying paranoid fantasy.
'Thank you, Burkhardt,' Major Fullerton said. 'You are excused. '
'That was a defense?' Peter muttered when Burkhardt returned to the table.
'Peter, I'm under oath,' the robot said. 'And I'm very proud of you. '
'Anything else, Major?'
Fullerton shook her head. 'We rest, sir. '
Trecker looked at Burkhardt. 'Defense?'
'The defense challenges the toxicology report,' Burkhardt practically crowed, 'and calls Dr. Felicia McBride. '
'Objection,' Major Fullerton called. 'Dr. McBride's security clearance has been revoked for lack of confidence due to comments made in the defendant's presence. She cannot be counted on to deliver objective testimony. '
'Sustained,' said Col. Trecker. 'Anything else, Burkhardt?'
'This is terribly disappointing,' Burkhardt said. 'No, Colonel. The defense rests. '
Col. Trecker stood. So did Major Fullerton. Burkhardt tapped Peter on the shoulder and Peter rose, feeling stoned again, as if all of this was very distant. 'Right,' the colonel said. 'We defend our homeland against those who would destroy our freedoms and our way of life. In that defense it is sometimes necessary to take actions that in other circumstances would be found repugnant. Peter Skilling, you are guilty of terrorist acts resulting in the death of Peter Skilling, and under the Terrorism Penalties Enhancement Act of 2005 you are sentenced to death. Sentence to be carried out immediately. Dr. McBride?'
Peter turned, and this time Burkhardt let him. The robot was whispering close to Peter's ear, something about how resilient and exceptional he was, how astonishing it was that he had so successfully adapted to what must have been a terrible blow, and Dr. McBride was walking up to him with the transdermal in her hand and a look in her eye that told Peter all he needed to know.
'I'm going to give you something, Peter,' she said, and he thought, I don't blame you. He heard a hiss, and then he was gone.
The Things That Make Me Weak And Strange Get Engineered Away
by CORY DOCTOROW
Cory Doctorow is the author of the novels
