Chapter 28
We caught a US MAC flight. I asked what MAC stood for. I was told Military Airlift Command. Apparently, the government contracts with carriers to provide military personal with cheaper fares.
My tirade of refusal to go, didn't impress the ambassador or the two flunkies from the Justice Department. Not a problem. I was on record. I had also managed to get in a phone call to my attorney over what had happened. I had quickly worked out the time conversion, and discovered that it was 6 hours earlier in the US where I lived. He had still been in his office when I had called.
Let's just say it was a long flight. I was sandwiched between these two in coach, and their constant questioning of me made me angry. I interrupted them several times with a request for my attorney to be present if I were going to be questioned. They replied I was not being charged, just escorted back to the US.
I responded if that were the case, why were they grilling me about my plans, why were they asking how I left the country, and why had they refused to stop questioning me despite my request for my attorney to be present.
I got some help from a passenger in front of us. He stood up, and turned to face us.
"I am not sure who everyone is back here, but I heard that this man is not being charged with anything. He requested an attorney repeatedly, and asked you to stop questioning him. Now, while I may not be a lawyer, I do know that by law you are required to stop. I am giving this man my name and contact information, and hope he sues the hell out of you two," he said, and gave me his information.
I thanked him. The rest of the flight was pretty quiet. I had placed my witness's card in my wallet. My two escorts were thoughtful, after that. They tried to engage me in conversation not associated with anything remotely concerning my 'gift', or why I had gone on my trip. I declined to be drawn in.
We landed in New York 8:00 PM, local time, having 'gained' an hour on the flight. We were met by still more agents, and a federal marshal.
"Tom Wilshire?" I was asked.
I nodded.
"I am marshal Frankins and I am bringing you in for questioning concerning your recent trip abroad. You are not under arrest, but we are questioning you, so if you wish to have an attorney present that is your right," he said, then he 'Miranda-ized' me.
My attorney was already in New York, my having told him the flight number, and my circumstances. I was allowed my call, and I called his office. They in turn, relayed the call to my attorney via his cell phone, who was on his way to where I was being taken. He arrived about twenty minutes after I did.
After we were all together, the questioning started.
"Mr. Wilshire, can you explain to us why you went to the airport trying to use a passport you knew was not valid?" asked one of the justice department flunkies who had accompanied me on my flight.
"I didn't know it was not valid. I knew it had previously been invalidated, but I have had my attorney working on restoring it. I assumed he was successful," I answered.
"He told you your passport was restored?" other agent said.
"No," I answered.
"Now, then. Let's back up to your first trip to England, when you met a Lord Avery-Smythe," the first escort said.
"That question is out of line, and has already be adjudicated. Move on," my attorney said sharply.
So it went, for three hours and twenty minutes. When the questioning got back around to previous trips abroad, my attorney stopped them, and said they were not pertinent to the stated reason for us being questioned now.
My attorney finally told them we were done here. Unless I was being arrested and charged with something, we were leaving. The government objected saying there were still a lot of unanswered questions. My attorney responded with, the questions now being asked were not germane to the reason for our being here to begin with.
Despite protestations, my attorney and I left. They had no reason to hold me, and I had satisfied the questions that originally got me into trouble.
"You know, Tom, you have really gotten my life to an interesting point. You remind me of that old Chinese curse," he said, chuckling.
"Which is?" I asked curiously.
"It goes, 'may you live in interesting times'," he said grinning at me.
I laughed. Actually, I had heard that before, but had forgotten I knew it.
"How does the case we have already filed look?" I asked.
"Not too bad. Despite your little trip just now, it shows you were in no danger, you weren't mugged, shot, stabbed, kidnapped, arrested (other than by our side); and while you were on your way to Australia, you did have a return ticket for the US from there," he told me.
"Why does it matter if I had a return ticket. What I do and where I go, should not matter to the government," I said, getting angry.
"I know. Your main problem is that you have an ability the government wants to control. Personally, I am surprised that you didn't get hurt or kidnapped on your jaunt. Foreign governments would gleefully kill for possession of your ability, you know," my attorney said in a serious tone of voice.
"I am not a fool. I bought my tickets with cash. No card trail, and I kept a good watch over myself. I have been taking martial arts for almost ten years now. I doubt any two or three people could take me," I said absently.
"All that aside, I will be able to show you traveled to various countries without having any problems whatsoever. That is a plus. I still don't know how you managed to get out of the country though. Your passport was still canceled," Richard said in a musing tone of voice.
"Well, it worked when I presented it. Not my fault," I said a bit smugly.
"Be seated," the judge said, and our hearing in federal court was underway.
"What I have before me is a petition for relief from governmental intrusion. The government is countering that Mr. Wilshire presents an ability that is so important to the government and the people, that he needs protecting, even from himself. Is that everyone's understanding?" the judge asked.
Both sides agreed that this breakdown was fairly accurate. So it began. My attorney got up and laid out point after point, destroying the government's claim I would be in danger from governments or people. He also pointed out we won a case already about an obviously fraudulent commitment proceeding.
He pointed out that I had just finished a whirlwind four-country tour. I was in the process of doing yet another when the federal government stepped in and intercepted me, took my passport, and ended my freedom of choice by forcing me to fly home.
He also told the judge that I had private security that was more than capable of handling anything that came up. He noted that the federal agents assigned could not keep up with me, as evidenced by my trip to the airport, which said agents seemed to have missed. We asked that the agents be removed as useless and unnecessary, and that my passport be restored, as nothing happened during my trip. What the government wanted to do, was tantamount to slavery. Also, the government had one reason, and one reason only to try to control me; and that was to make me a spy. That was something that was not in the government's ability to force me to do.
"A very well thought out presentation. I will now hear from the government," the judge said.
The government contended that my ability was so important to national security that I had to be protected, even if I objected. That I had not encountered any problems on my trip could be attributed to luck
The government contended that as with all things, the public's welfare and safety was more important than a single individuals rights. There were countless cases showing that individuals had to give way for the benefit of the whole. While the government regretted that I felt the way I did, they were only looking out for the best interest of the country and my wants and desires were of secondary consideration.
"Well, I definitely have a lot of food for thought. I will take all said here today under consideration, and will give you my ruling in two days, on Friday. Any further evidence should be submitted prior to then. Anything else before I adjourn?" The judge asked.
"Sir, pending your ruling, we request that Mr. Wilshire be placed into protective custody," the lawyer for the government requested.
"WHAT? That is an outrageous request! What should he be protected from? YOU are the people harassing my client, not anyone else!" my lawyer said, objecting strenuously.
"Your honor, somehow, Mr. Wilshire used a passport that was invalid. The government thinks that he had inside help, and he is a flight risk," the government lawyer said.
"Flight risk from what? He is here. He requested this hearing, and he is not charged with a crime! Is the government now admitting that they do not believe in the constitution, due process, or the bill of rights?" my attorney said and asked at the same time.
"Thats enough. I have heard enough to consider all pertinent facts. I strongly urge both parties to get together and try to iron out a settlement of some sort. One side in this case is going to come away very disappointed, I think," the judge said.
I felt a chill when I heard that, but when I looked over at the opposition, the attorney for the government didn't look too happy either. Well, that made me feel a bit better. We rose and the judge banged the court into adjournment.
My attorney said he had looked up several rulings of this judge and he thought we were in good position. The judge was a constitutional purest, which was good for us. I asked what that meant.
Richard told me that this judge believed in a person's rights first and foremost. Governments did have overriding authority, but only in certain instances. So from our point of view, it was looking good, or so my attorney said.
I had just gotten home, when I got a call from my attorney. The fed was not waiting, and was willing to deal for access to my ability. My attorney said that if the decision went our way, the government could take no action against me, other then normal run of the mill action, IE forgetting to pay my taxes at this point would not be wise. It left me feeling good, actually.
I asked what the government's offer was. Richard said that he didn't know, but had already scheduled a meeting for this evening. I told him I was busy this evening, and he said that was ok, he could handle it, and pass the offer on to me. I would have to make the final yea or nay, though.
I was sitting and drinking a cup of coffee, reading about the mysterious nationwide simultaneous publishing of a story, containing a list of names of people reported to be members of a secret organization known as the 'council'.
Newspapers were checking their computers. Already several of my back doors had been discovered. It was disconcerting, really. I had thought I was clever enough with my programming to have kept them hidden. I guess the old saying was true: 'there is always someone better'.
The ringing phone interrupted my train of thought.
"Hello," I said.
"Tom? It's Richard. Ok, here is what the government is offering. Sign an official secrets document concerning your gift. Let the government research you, while you're using it. They want you to do some... well, they didn't quite say spying, but thats what it amounts to. They say they will work with you to keep it as non-disruptive as possible. They also want to protect you with a better guard," Richard said in a neutral voice.
"Absolutely not. I refuse to have federal guards. It's the same as being a prisoner, just with a limited freedom of movement. Did they mention my passport?" I asked.
"They said it was not realistic for you to have your passport. It was to dangerous for you, and the government would loose a valuable asset," Richard said.
"What? They used the word asset?" I asked disbelieving.
"Their words, not mine," Richard said with a sigh.
"Tell them I reject their offer outright. If that's the best they can do, I will take my chances in court on Friday," I said a bit grimly.
"Ok. You do know that if we loose, you will basically be reduced to no better than a prisoner and slave, just as I said in my statement to the judge?" Richard asked with concern.
"I know. I refuse to be controlled by them. I would rather be dead," I said with a tone of finality.
Edited by TeNderLoin