“Justice Beyond Law” Chapter Eight

The meeting was scheduled for 2:00 p.m. in Great Falls Park in Virginia, no more than a fifteen-minute drive from the Brandon home. Jack and his dad arrived at 1:30. Peter told his son he made it a rule to arrive early for any clandestine meeting so he could check out the meeting area. He said he would not under any circumstances meet anyone here if there was even a small chance of the meeting turning hostile. There was only one way in and out by car. Any escape would have to be on foot. Even with a friendly meeting, Peter had taken the precaution of using a rental car that could not easily be traced back to the Brandons.

It was a little cool and the Park was almost deserted when Frank arrived driving his brown Passat. Peter and Jack were waiting at a table, partially obscured by pine foliage yet giving them a clear view of arriving cars. Le Dinh, his father’s Vietnamese cook, had sent them off with a thermos of hot coffee and some chocolate chip cookies. Peter raised his hand and Frank headed for the picnic table. As he got closer, Jack could see Frank would be hard to pick out in a crowd. He was slightly pudgy with definite male pattern baldness, wearing rimless glasses and projecting a calming aura. His brown eyes looked both intelligent and intense. The clothing looked as though it were all off the rack of a decent department store.

Peter and Frank shook hands and exchanged a short hug. Jack had never seen his father hug anyone but him. He thought these two aging men really liked each other. Jack’s musing was broken when his father introduced him to Frank Batcher, deliberately using Frank’s last name. Peter Brandon told his son to speak up at the meeting with Frank at any time. After all, it was his life and future now at stake. Jack said, “It’s a pleasure to meet you. My father has told me quite a bit about you.”

Frank said, “Then you have me at a disadvantage since I know next to nothing about you. I hope we can fill in some blanks today. But first I have to know how my friend and advisor is doing.”

“Some days better than others. It is such a pleasure having my son here with me. There is no use fooling myself, I’m steadily losing stamina. Soon, the doctors tell me, I will have to use a wheelchair full time. But enough of that. I have given my son a decent summary of our work together without many details.” Turning to his son, Peter said, “Frank will not record this meeting nor will he make it a matter of record. But, and I say but, he has an excellent memory bounded by a deep sense of honor and integrity. I believe you can talk straight to him without including our names. This process protects both Frank and us. At this point if he really wanted to find us he probably could. I’ll leave you two to get to know each other. I’m going for a short walk, and I may take a little rest in the car.”

“Thank you, Paul. That is high praise.” Turning to Jack, he asked, “What should I call you?”

“How about Nick? I’ve always liked the name.”

“Okay, Nick, tell me something about yourself.”

“Let me start with the qualifications side. I have a decent education from a large university, three years plus as an officer in Marine Recon and almost a year in combat in Iraq. After the Marine Corps I worked four years in a big city police homicide division. I’ve been in a number of fire fights, been wounded twice and have several police decorations. I think there is a strong correlation between the skills of a detective and the field work of an intelligence officer. I hold several levels of a black belt in a very esoteric martial art. Through the years my father has taught me survival skills, both in the wilderness and on the street. He was insistent I understood and could recognize surveillance tactics. I’m skilled in the handling of all sorts of small craft. In fact, he has taught me so much, we would have to stay here after dark to finish.”

Jack paused and said, “Does that help?”

Frank said, “Yes, it does. Your background and experience are impressive. Your qualifications put me at ease. I want to continue working with you but differently from the way I worked with your father. Your father and I worked on uncovering and arresting undercover Soviet agents who were in this country illegally. He knew how they thought, their problems, logistical support and communications systems and their deep cover arrangements. We were quite successful, but his well of information is now nearly dry. Terrorism has replaced Russian espionage as my number one problem. We believe terrorist organizations, particularly al-Qaeda, are planning to turn to attacking soft targets as a means of destabilizing government at all levels.

“When citizens do not feel safe in the conduct of their everyday life, the pressures on our law enforcement and legal system become enormous. The tragedy of 9/11 is in the past of our short-term memories. Our war against terrorism is hampered by congressional oversight that constantly tries to move toward management of our counter-terrorism units and a president who sees himself as the Appeaser-in-Chief. The tools we need to keep America safe are hard to acquire in a politically partisan environment.

“This situation is compounded by the politicization of the intelligence leadership positions. Appointing managers to the CIA who have never served with the CIA overseas is beyond ludicrous. You might as well appoint political hacks to coach NFL teams. Some jobs require particular skills and deep experience. The Director of the CIA is one of them.

“This is probably my last job with the CIA. In five years it will be time for me to retire. I’ve accepted a responsibility to keep America safe to the best of my ability, and I’m going to do that, even if it means stretching the legalities now obstructing the war on terrorism in America. I need you to help me. Are you interested?”

“Yes, I’m interested, but what is it you want me to do?”

“Okay. A good place to start. The reason I need you is the very real probability that a CIA officer doing what he feels is right may end up fighting a personal criminal charge brought against him or her for political reasons by the left wing of the Democratic Party. Even the top managers at CIA are fearful and timid. Many good intelligence opportunities are lost in real or imagined legal issues. It is very useful to me to have a capability that is not on any record, including financial ones. Your activities will not be subject to so-called oversight or the constant second guessing of many of our political managers. I am not even going to tell our new director about you. They come and go with the political wind, and not all of them have a sense of need-to-know restraint.”

“Are you telling me the CIA is not able to capture and kill terrorists because the liberal element of our government and your boss aren’t fighting an aggressive war against terrorism?”

“That’s exactly what I’m telling you. These good people worship a law and order process consistent with our Constitution and judicial system. This is a self-imposed suicide pact. One does not give the protection of the Constitution to foreign groups trying to kill us, and who have had success in doing so. The Marine barracks in Beirut, military quarters in Saudi Arabia, the USS Cole, the Twin Towers and many other less dramatic events cannot be prevented as long as certain rules tie our hands. Terrorists and those who give them aid do not have the right to the rules of evidence and other judicial procedures reserved for U.S. citizens. In war saboteurs and spies are executed.

“I want you to sponsor and lead a small team totally independent of the government. A team not required to answer to anyone. Today I will give you the names and dossiers of a few people I believe will be ideal for this mission. If you accept them, they will be separated from the CIA as soon as you call me. I will also provide you with information and some equipment not available on the open market. I suggest you set up a cover company not easily traced to you. Use this commercial company to pay your people and expenses, and to rent or buy vehicles you will need. I will give you a key to a storage unit containing several types of small arms, small stable explosives and communications equipment. None of it can be traced back to CIA. You should move this material to your own place as soon as possible.

“Now a few words about this man, Yuri, your father is tracking. I believe he is running a network of terrorists for profit. This is your first assignment. Find out if he is who your father thinks he is. If he is, stop him and his network. This man is very dangerous and is wanted under several names by a number of nations including the Russians. Be careful. Use whatever force you need. I am not interested in a court trial, nor is your father. Send any information needing action to the FBI in some way, and then call me and tell me about it. Don’t give the FBI an opening to backtrack the information.”

“What can you tell me about the people you’re recommending?”

“I’ll give you a shortened resume on each of them. They are two of the best I have. Both are female. I’ll stack them up against anyone, male or female. They are excellent case officers. Both have recruited and run spies in several countries. They have had experience with a number of weapons and are crack shots. And, while not up to your martial arts skills, they are very good at hand-to-hand.

“I have also found women are often better at undercover work than men. These two are good. I hate to lose them and, to tell the truth, if they don’t want to work with you, they will probably leave me anyway. One needs more money to care for her mother, and the other badly needs a change from the bureaucracy. I’ve included a way for you to contact them and make a decision. I will tell them to expect a call from Nick.

“I need you to fill in some of these gaps until the rest of the country wakes up. I want you to use your own judgment. Don’t over analyze and don’t ask permission. Just do it.”

“One last question. Tell me how you see this Yuri problem. What can the government do to take his network down?”

“Right now, nothing. We have no evidence to justify a wiretap and 24/7 surveillance on Yuri. If the FBI could be interested, their initial investigation would alert Yuri and he would be gone. So I can really do nothing.

No one except me would believe your father’s story. If your father went to the authorities with his story, the most likely outcome would be an investigation of him. In short, the Counter Terrorism Center or CTC cannot meet the burden of evidence required in our judicial system to put terrorists out of business in some cases. So I need you to take care of Yuri and a few others like him. Don’t risk trying to capture him. If you captured him, I don’t know what we would do with him. When you have convincing court worthy information or evidence, get it to the FBI. Do not give it directly to me. I could not explain where I got it and could not officially act on it. But I do want to know when you do it and generally what it is all about.”

Jack looked at Frank and said, “Suppose someone gets hurt or killed during our attack on Yuri and his people?”

“If Yuri or some of his people get hurt or killed, don’t get caught. Don’t leave any evidence they can use to identify you. As far as yourselves, you are on your own. Don’t act like the government and wait too long while you stew over incomplete information. Use your best judgment and act.”

“How do we get in touch with you other than the phone number my father uses?”

“You can’t. My telephone is safe for use. A disposable cell phone is best for you. Call me on the number I gave your father. I will not call you, and no record of any kind will be kept on our business.

“I have to go now. For me this has been a good meeting. I want a long-term relationship with you. I will miss my old and dear friend a lot. He has been a source of strength and wisdom for the past two decades. I am saddened beyond grief over his condition. I’ll walk over and say goodbye to your father and thank him for bringing his son to me. I’ll do my best to make sure you are protected from government probing.”

Frank shook hands and walked slowly away. His work day was only half over. He hoped the son would be half as effective as his father had been. Frank hoped he hadn’t ruined the lives of his new team. He was taking a big gamble. Not for him. His career was already coming to an end. He didn’t know how much longer he could tolerate the leftist progressive regime now in power. They had been after the CIA since before the “Church” Committee and now had destroyed the motivation of his counter-terror agents working on the front lines. These people weren’t dumb. They saw what could happen to agents taking risks to protect their country. He would never understand the thinking of people who devoutly believed it was criminal to drip water up the nose of people who had killed over three thousand Americans and were actively trying to kill more. If their own children were taken by a terrorist, they would be screaming for the government to do something. For certain their generation will never be judged by future historians as one of our greatest generations. The best thing he could do for the son of his old friend was to give him some very good people, watch his back and separate Nick and his group from any links to the CIA.

“Justice Beyond Law” Chapter Eight

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