Marine One

'I'll be the judge of that.'

'No, you won't. I am, and I'm telling you to lay off.'

'Or what?'

'Or nothing. I wouldn't threaten you. That would be… wrong. But the secretary of state is very concerned about the others who were at that meeting. They would be very unhappy if the fact or the purpose of the meeting ever came out.' Thompson looked around my office in silence. His sidekick stood up with him as if they were about to leave. Thompson said, 'There are very many people who have the same interest-that you never find out or disclose anything about that meeting. If you continue what you and'-Thompson turned-'Mr. Byrd are doing, they may take steps to stop you. I have no control over them or what they do. I don't know what they might do. I'm just looking out for your interests.' Thompson opened the door to my office. 'Look, this is a product-liability case. Don't be a hero. Settle it. Make it go away. Don't embarrass yourself and your client.'

'So you would help these 'people' out by directing them to me, but of course you would never do anything yourself.'

'I don't have to direct anyone to you. Everyone in the country knows who you are. Your name is everywhere. I might only tell certain people that you are intent on disclosing the content of this certain meeting. Just know that many of the people who would be angered by what you are doing are outside our government, and many would have diplomatic immunity. They couldn't even be charged with a crime.'

'I think you need to leave.'

'Not quite yet.' Thompson put his hands in his pockets. 'I know you and Byrd like to play the Marine-brotherhood angle. Well, Mr. Nolan, if you continue to press this, this will come back to bite you. You see, I've read your Marine Corps file. And you know what's in there.' He waited for a reaction. 'If you don't do as I've asked, certain people will learn about what happened in Iraq. And,' he said, watching the anger rise in my eyes, 'I suspect you wouldn't want that to happen.'

'There's nothing in my file.'

Thompson smiled. 'That's what you wish were true. Even though most of it is gone, the copy of the file at Headquarters Marine Corps tells the whole story, Mr. Nolan. And you definitely don't want that out. It would jeopardize everything you've built. You'd be thrown out of the Marine Reserves. And your ability to practice law would be in trouble, wouldn't it? You see, I've seen your application for membership in the Maryland bar too. And it is notably silent about what happened in Iraq.'

'It wasn't called-'

'I'm sure you'd have a chance to explain it. But you might just lose your license and never be able to practice law again. So think about it.'

'I may just go right to the press and tell them about your threats. About everything that has happened tonight.'

'No, you won't, because then I'll tell them everything you don't want out. And when I got here, I asked you if you had a recording device. But you never asked me. If I did have a recording device, and if I felt like it, I could have all these digital sounds duplicated and rearranged to have you say anything I want. So don't press it.'

'I don't scare easily.'

'I don't expect you to be scared, Mike, I expect you to be smart.' Thompson smiled and walked out of the office.

I said nothing as I heard them walk down the wooden steps of my building and close the outside door behind them. I walked over to my office window and watched them as they disappeared down the street. 'Well, that was disturbing.'

Byrd stood next to me at the window. When they were out of sight, he turned. 'So what happened in Iraq?'

'Nothing.'

'Really? Nothing?'

'Drop it.'

Byrd stood silently.

I said, 'What document is he talking about?'

'That's my question too. Now they've gone and made me curious.'

13

WHEN YOU GET sued in federal court, you have to file an answer denying the claims made against you. In Annapolis, when you file it, you quickly learn that you have stepped onto the six-month conveyor belt that will take you to trial no matter how much you thrash or complain. It's like a melodrama where the heroine is tied to the moving belt in a sawmill heading toward the large, spinning blade.

Since most court filings are now electronic, things happen in hours, or minutes. Fifteen minutes after I filed our answer, we received a notice by e-mail from the court for the Early Neutral Evaluation conference to be held that same week. The purpose of the ENE before the magistrate was to see if the case could quickly be settled, or if it would go to trial. We had drawn the magistrate I knew best, Barbara Norris. She was competent, did not aspire to greater office-unlike many magistrates-and didn't inject her personality into the case. She just tried to do what was right, get the case resolved if she could, and if not, help the parties get to trial quickly. You couldn't ask for anyone better.

The day for the conference came. Rachel and I got there early, but not earlier than the press. It looked like a rehearsal for the trial they suspected was coming. Satellite vans were everywhere, cables and cameras running back and forth, and an amazing amount of activity for a hearing they wouldn't be invited to. ENEs are generally held in the magistrate's office, not in the courtroom.

After we made our way into the courthouse, we were ushered into the magistrate's courtroom. Margaret, Norris's clerk, closed the doors behind us, keeping the press outside in the hall. As Rachel and I entered, we saw that Hackett and his entourage were already there. Hackett was standing with his back to the judge's bench, looking at us as we walked in. Waiting for us. When he saw me, he said nothing and did nothing. He just stood there holding his briefcase in front of him with both hands. His feet were spread slightly apart, and I was suddenly aware of his size. He had to be at least six feet four and had graying blond hair that he combed back. To his right was another partner that I recognized from Hackett's firm's Web site. Gregory Bass-pronounced like the fish, not the guitar. Bass was about forty with a closely buzzed haircut. He was known in all the articles I had read as Hackett's 'bulldog.' Their word. He didn't try cases, he just chopped up the other side in motions, depositions, and generally being as tough as he could get away with.

On Hackett's left was an attractive woman, medium height and attentive. Probably a paralegal. I didn't recognize her. The first lady was of course not there, nor was any representative of WorldCopter. This was a meeting for attorneys only.

I looked at Hackett, looked at Bass, looked at his paralegal, and glanced over their shoulders to the judge's law clerk, whom I saw looking from the door in the corner.

Since Hackett hadn't said anything to me, I returned the favor. I saw Margaret heading to the door out of the courtroom that led to the magistrate's chambers- Norris's office-and said, 'I think we're all here, Margaret.'

She nodded as she continued through the door, sparing me the remark that was undoubtedly on her tongue, that she had already figured that out and it accounted for her heading to the door. I, of course, knew that too, but wanted, in a childish way, to show Hackett that I knew the magistrate's clerk.

I pointed Rachel to a row of seats in the back of the courtroom. We sat down and took out copies of the filings that we had delivered to the court the week before. They were fairly innocuous, committed us to nothing, and left all roads open to us. It gave us something to do.

Hackett stood there and looked at us. After he realized I wasn't going to say anything to him, he seemed just slightly flustered. He turned around and walked through the swinging door between the gallery and the counsel tables in the courtroom, then placed his briefcase on the top of the table. He sat down in one of the counsel seats, and Bass followed suit. The woman went with them, but stood at the far end of the table looking through a notebook.

Margaret came back through the door and said, 'Please come into the chambers.' Hackett and his two acolytes went immediately into the chambers and the door closed behind them. Rachel and I got up from our seats, walked to the door, opened it, and entered. Magistrate Norris recognized me immediately and said, 'Good morning, Mike, nice to see you again.' She then turned to Hackett and said, 'And you must be Mr. Hackett.'

While Annapolis is the capital of Maryland, it is still a small town. The attorneys all know each other, and those of us who try cases regularly know all the judges and they all know us. Our reputations are already established, good or bad. This magistrate would almost qualify as a friend, not that we got together socially, but we saw eye to eye on most things, and she knew I didn't take ridiculous positions.

She motioned for us to all sit down on the couches and chairs placed around the coffee table in the corner of her office. It was the largest magistrate office in the small federal courthouse because she was the senior magistrate judge. Three of the walls were lined with law books, and the other wall had two colorful paintings.

The magistrate smiled at Rachel, who had appeared before her about five times. Hackett noticed and was irritated again. Norris led us through the conference professionally and quickly. We discussed what needed to be done, what discovery we anticipated, what motions might come, the primary issues in the case, and the usual civil concerns. But after fifteen minutes of the usual, with the attorneys only responding to the magistrate's questions, she said to Hackett, 'One of the reasons we hold these conferences is to assess the likelihood of settlement. What are your thoughts?'

Hackett almost smiled. 'My thoughts are simple. We made a time-sensitive demand, and they rejected it. I told them there would be no other offer, and I meant it. So in short, the case will not settle. We are preparing for trial.'

Norris was surprised. She asked Hackett and his group to leave so she could speak to Rachel and me alone. After the door closed behind Hackett and the chambers were quiet, she said to me, 'Mr. Nolan, have you seen the press? Have you seen how many people there are standing outside this courthouse this morning? This case is going to be a circus. You know that?'

'That's exactly what Hackett wants.'

She didn't respond. She took a sip of coffee from the mug on the table in front of her. 'I think Mr. Hackett is right. This case is going to trial.'

I waited.

'Mr. Nolan, do you have any settlement authority to even begin discussions?'

'No, I don't, Your Honor. AII and WorldCopter rejected his offer out of hand and told him so. There have been no further discussions because he says not to bother. I knew you'd ask and I tried to get some authority, but we really don't know what caused the accident yet. Hackett has filed prematurely. He's in a big hurry.'