Page 110 of Hush
“Mr. Ballard. Your response, please.”
Ballard took a long moment to compose himself. Tom had always known Ballard was a firecracker, but seeing him now, in chambers, was something entirely different. He leaned back.
“Mr. Renner is asking for all files related to the FBI investigation of the shooting, Mr. Desheriyev, and Mr. Kryukov. All CIA files related to both men, including files from the CIA station in Moscow, and any code-name clearance documents that describe possible recruitment or handling of Mr. Kryukov as an agent for the CIA. He wants copies of our internal investigations, all communications on the trial prep between Russia and the United States, and copies of all surveillance activities being conducted in Moscow since the shooting.” He held his hands up, spreading them wide and shaking his head. “This request is ridiculous. It’s far, far too broad, and specifically asks for extremely classified information. In providing this information, we would be burning sources, methods, agents, and officers of the CIA and other intelligence organizations in Russia, all of which are absolutely vital to protecting national security.”
“Your top three CIA officers were arrested in Moscow. The Russians have published details of a CIA operation to kill the Russian president. I’d say your methods are already blown.”
“Mr. Renner.”
Renner kept his mouth shut.
“What thisisis blackmail,” Ballard hissed. “He’s trying to blackmail the government into turning over everything we have or he’ll threaten to move for a mistrial. And he’s playing to a perfectly sympathetic judge.”
“WhatisMr. Renner entitled to, then, in your opinion?”
“Only our evidence against Mr. Kryukov for this case and these charges. Whatever defense he wants to mount about some vast, tangled conspiracy, he still has to address our evidence inthiscase. This case against Mr. Kryukov is straightforward.”
“How can you even pretend that is true? The Russians have hand-delivered evidence of the conspiracy you lament, a conspiracy set up by the U.S. government!”
“I have evidence linking your client to this crime. That’s what you have to answer to. Not tangle this court up in tin-foil-hat conspiracies.”
“It’s hardly a conspiracy when there are documents to prove it.”
Ballard’s teeth scraped against one another. “Those documents haven’t even been admitted into the trial yet.” He turned to Tom, his burning eyes spitting wrath. “I don’t see how any sensible court would admit documents that haven’t been properly sourced and that come from a foreign, hostile government and are directly threatening the United States, into any trial.”
“Not admitting the Russian documents would be clear grounds for an appeal, possibly even a mistrial. I have a formal complaint ready to file if the documents arenotadmitted. While we do not know the sources and methods of these documents, they have been sealed by the Russian Secretary of State, which meets the standard of admissibility for foreign public documents.”
All eyes turned to Tom. The court reporter caught up with the rapid back-and-forth, her fingers clacking over the keys, until the strokes slowed and finally stopped. Tom could hear everyone breathing: Ballard’s fast, furious breaths through his nose, Renner’s measured, deep inhales.
“The documentsareadmissible as evidence into this trial,” he said softly. Ballard cursed, scrunching up his face and staring down at the carpet. “They represent both a critical piece of information and raise questions which need to be answered.”
“Thank you, Your Honor.” Renner smiled, smarmy and slick, before sighing. “The prosecutor’s conduct and behavior around these documents deeply troubles me.”
Tom spoke before Ballard could, jumping in as Ballard’s head shot up. “Mr. Renner, that’syourwarning. I will not have you speak to the U.S. Attorney, or any member of his investigative team, in that manner. Mr. Ballard’s case is clear, and as he’s stated, he has the evidence to bring this to trial, and enough confidence that the U.S. government stands behind him in seeking the death penalty. Do you, Mr. Renner, feel as confident about your client?”
Both attorneys blinked at him. Renner shifted, sat back. Ballard frowned, but his jaw unclenched, just a fraction.
“I still need the items I am requesting in discovery, Your Honor. If there is information in the government’s investigations and records regarding Mr. Kryukov, then he is entitled to it. It’s not blackmail.” Renner shot a glare at Ballard. “This is fairness. Justice.”
“Mr. Ballard.” Tom tried to soften his gaze as he looked to his old boss. “How is the government prepared to compromise here?”
Ballard ground his teeth. “We are prepared to ask the intelligence community for any information exculpatory to Mr. Kryukov.”
“You’re prepared to offer the minimum that the law requires?”
Ballard glared back. “That’s all we have to do.”
“How do you know what is exculpatory to my client if you haven’t investigated the possibility of a conspiracy, or, as the case may be, areactively engagedin perpetuating a cover-up of said conspiracy?”
Ballard jumped to his feet. His chair skittered back, across the rug. Tom reached for him, grabbing his wrist. “Sit down, Mr. Ballard! Mr. Renner, that is your second warning.”
Renner shook his head, sighing.
“Mr. Ballard.” Tom squeezed Ballard’s wrist, gently. Hopefully, it came across as kind. Ballard didn’t rip his wrist away, so that was a start. “We—the United States government—are on uncertain ground here. The entire world is watching us, and decisions made in these chambers and in our courtroom can lead the world toward peace… or toward war.” Tom swallowed. “Sit down.”
Ballard sat. He stared at Tom.
“While you are within the letter of the law in providing only the minimum required to the defense, it ismydecision that we, the United States government, are going to go above and beyond that threshold.” Tom watched as Ballard started turning red, then deep purple, a human bomb about to explode. “If you withhold information that then becomes material to the defense, or even might completely exculpate Mr. Kryukov, then any conviction that you work so diligently for would be thrown out, Dylan. It’s not just the physical threats that we have to watch out for, terrorists and international attacks and war. Wecan’tlose the soul of American justice. Any injustice perpetrated by your office or this court would irreparably damage America, both here and abroad. I won’t let you stumble into that mistake, Mr. Ballard. We will proceed with an abundance of caution, and give the defense all the prep they need to string together this theory of theirs.” He turned to Renner. “Ifit exists.”
