Balance of Power

    In the judge's current mood, Sarah thought, she wished this task had fallen to Lenihan. But that might have made the situation worse—as matters stood, the outcome looked unpromising enough. "For a host of reasons," Sarah answered. "To begin, there's the question of what Callister knew—whether from Reiner or someone else. Did he know that Reiner had undertaken to destroy key documents? Did he know that Lexington was flooding adjacent states with the P-2? Did he know that white supremacists were using gun shows to traffic a cache of stolen guns, which included the gun later sold to Mr. Bowden . . ."

    "According to Mr. Reiner," Nolan interjected, "Mr. Callister knew none of that . . ."

    "Counsel," Bond admonished Nolan, "wait your turn. This Court's not through with plaintiff's counsel yet."

    Though glad to see Nolan stifled, Sarah did not care for the sound of this. "For Mr. Nolan to ask this Court to accept the credibility of a witness as slippery as Reiner, while dismissing that of plaintiff's counsel, turns logic on its head.

    "Finally there is the question of a conspiracy between Lexington and the SSA . . ."

    Bond eyed her with skepticism. "What evidence do you have that such a conspiracy existed?"

    "That's the problem, Your Honor. Without Mr. Callister, we'll never know."

    Bond's brow knit. "The problem, Ms. Dash, is that your argument literally makes something out of nothing: your total absence of proof. Mr. Nolan?"

    "Your Honor is precisely right," Nolan answered with an air of confidence. "Under persistent questioning by Ms. Dash, Charles Dane—Mr. Callister's counterpart at the SSA—vehemently denied the existence of any such conspiracy. If plaintiff's counsel have such damning facts, let them try their case. With no proof to warrant it, why take up the time of someone as busy as Mr. Callister? Who, in any case, is on an extensive trip to Europe on business vital to the company."

    This, too, was a surprise, confirming for Sarah how averse Nolan was to any questioning of Callister. Then it struck Sarah that fear of Callister's testimony might not be Nolan's principal motive: by interposing yet another delay, he created the possibility that the Senate might pass an immunity bill, and then override the President's veto, before more damning facts could surface—or, even more critical from Nolan's perspective, before the public trial of Mary's case began.

    "In the annals of delaying tactics," Sarah responded crisply, "this is one of the more arrogant. Mr. Callister is too 'busy' to participate in discovery? What of the President or the First Lady, both of whom Mr. Nolan deposed? What of the three murdered family members who are the subject of this action? Is Mr. Callister's time more precious than all of that? This tactic is absurd, and the Court should put an end to it."

    "Mr. Callister," Nolan responded with composure, "should not be asked to interrupt his travels. Let plaintiffs finish up their discovery, and then come back to the Court if they still insist on deposing him."

    "How long," Bond inquired, "might those travels take?"

    Nolan shrugged. "Roughly three more weeks. Give or take a day."

    Whatever Nolan's other purposes, Sarah grasped that this would delay the case well beyond the ten-day deadline for a Presidential veto, and perhaps, the time Fasano needed to override it. "Three weeks," she protested, "is entirely unreasonable. Mr. Callister's supposed activities, whatever they are, don't rise to the importance of President Kilcannon's. Who managed to make time on the first date Mr. Nolan asked for. This Court can order Callister to do the same."

    "Indeed." With a thin smile, the judge turned to Nolan. "Were this an action in state court, Mr. Nolan, an out-of-state witness like Mr. Callister might be able to seek protection in the courts of his home state of Connecticut. But we're in federal court. At your insistence, I distinctly recall.

    "So it seems you're at my mercy. You've got two weeks from today to produce Mr. Callister for deposition."

    Surprised, Sarah felt a split second of elation at her unexpected victory, and then, seeing the glance pass between Nolan and Harrison Fancher, realized that two weeks might be sufficient time to satisfy their purposes. "Your Honor," she said respectfully, "might I request that your deadline be shortened to a week?"

    "You can. And the answer's no." Bond seemed prepared to leave it there, and then to think better of it. "I'm not willing to put a businessman traveling in Europe on quite so short a tether."

    Bond, Sarah suspected, might also believe that a two-week delay was enough for Frank Fasano, yet one which made Bond's own sympathies less obvious—particularly as compared to barring Callister's deposition altogether. But there was nothing she could do. "I have a final request, Your Honor. That, as Mr. Nolan did for the President's deposition, plaintiff's counsel be allowed to videotape our deposition of Mr. Callister."

    Swiftly, Nolan turned to Bond. "That's wholly unnecessary."