Balance of Power

    Sarah's amazement became a flash of amusement, followed by several certainties which made her anxious: that Lenihan had leaked the documents; that he had hoped to influence the Senate debate and enhance the settlement value of Mary's case; that he had attempted to skirt Bond's order on the barest of technicalities; and that he would admit to none of this. She could only admire his nerve, even as she feared its consequences—to both of them, and to Mary.

    "Your Honor," Nolan said in a tone hard with indignation, "that statement lends new meaning to the phrase 'contempt of court.' The intent of this Court's order was very clear: to prevent the parties, through selective leaks, to try this case through the media. Yet this morning's New York Times reflects information from the deposition of a witness, Ben Gehringer. And now this."

    "This morning's Ne

w York Times," Lenihan snapped, "reflects the federal indictment of the white supremacist who now admits selling the murder weapon to John Bowden at the gun show which, in defiance of all logic, Mr. Nolan intimated that Bowden might not have attended. No doubt that's damaging—if not devastating—to Lexington's defense. It may even be unhelpful to Lexington's efforts to wring immunity out of the United States Senate. But it's beyond the pale to suggest that Ms. Dash or I is responsible for the actions of the U.S. Attorney for the District of Idaho, or that those actions are anything but praiseworthy."

    Disdainfully turning from Lenihan, Nolan fixed his gaze on Bond. "Your Honor," he said more quietly, "everyone knows the identity of the U.S. Attorney's ultimate superior—Ms. Costello's brother-in-law, the President of the United States. A man who, whatever his dignity of rank, is also a witness in this case, and subject to this Court's order.

    "What appears to be at work here is a conspiracy, involving plaintiff's counsel and the White House, to evade that order. The leaking of these documents to CNN serves that end. Palpably, they

have nothing to do with the U.S. Attorney in Idaho, and everything to do with seizing legal and political advantage by any means at hand."

    Listening, Sarah wondered if the President had known of the disclosure of Conn's documents. Then she realized that Bond was addressing her in biting tones. "What do you know about this, Ms. Dash?"

    "Nothing," Sarah said, and was very glad that this was so. "As the Court knows, I disagree with this particular order. But it's not my right to flout it—even when I think that might serve a valid public purpose."

    The last remark was, perhaps, more than she should have said. But it served as a reminder that some of Lexington's problems were now in the public domain, and that an ambitious judge like Bond must be wary of the appearance—however accurate—that he was seeking to protect it. The judge paused, seemingly more reflective, before Nolan said, "Your Honor, I request the right to depose plaintiff 's counsel in order to determine who may have leaked these documents to CNN."

    "What about 'nothing,' " Sarah demanded of Nolan, "escapes you? Or were you not listening when I answered Judge Bond's question?"

    "Enough," Bond cut in, gazing at Lenihan with severity. "Mr. Lenihan?"

    Lenihan spread his palms. "Your Honor, my answer is Ms. Dash's answer. Nothing."

    It was not—heard literally—a denial, and Bond was too observant not to know that. For a long moment he stared at Robert Lenihan with obvious distrust. "That aside," he said in caustic tones, "you seem to have grasped an unfortunate fact: that the documents voluntarily provided you by Mr. Conn fall outside the letter—if not the spirit—of this Court's order." Pausing, the judge expanded his gaze to take in Sarah. "At this time, and for the moment, I'll deny Mr. Nolan the chance to depose opposing counsel. But if anyone, ever, leaks information which is clearly subject to my order, I'll conduct the inquiry myself. And if the person responsible turns out to be any one of you, I'll bring you before the State Bar of California, and ask for your disbarment. You're now on notice."

    In the silence, Nolan nodded grimly. To Sarah, the judge's threat— which he plainly meant—went to any lawyer's deepest fear: to be denied the right to practice his or her profession, and to carry that stain for life. Part of her cursed Lenihan's audacity.

    "All right," the judge continued acidly, "let's take up the nominal subject of this proceeding—the deposition of Mr. Callister. Which of plaintiff's counsel cares to enlighten me on why this is such a pressing need?"