Guilty Minds

“But Slander Sheet is a new creature entirely. Who owns it? Who calls the shots? The editor in chief is a loathsome little toad named Julian Gunn, but he’s not the owner. And he doesn’t exactly play ball. My aides tried to negotiate with him, but no dice. So I called this Julian Gunn myself and said to him, ‘Look, what can we do here? Surely your readers don’t care about some antiquated senator from Massachusetts and what he does in his off hours!’ I promised him an exclusive, I offered him special access, but he wasn’t interested in any of that.”

“He wanted dirt,” I said.

“Exactly. Anything personal on the president, the vice president, the secretary of state, what have you. He wanted dirt, and he wasn’t going to settle.”

“You gave him something, I assume, because I never saw the drunk-driving story.”

Brennan bowed his head. A line of sweat beads had broken out across his forehead. “I did something I regret to this day.”

I nodded sympathetically and waited. He looked genuinely agonized.

“I gave them dirt. I gave them Steve Frazier.”

“The congressman?”

“Former.” He nodded. “And former friend.” Representative Steve Frazier was a powerful conservative congressman from upstate New York who’d recently resigned after Slander Sheet had published a story revealing that, in the course of some rocky divorce proceedings, his wife had filed a domestic violence complaint against him, which she later rescinded. “Someone in my office had learned about the allegation from someone in Frazier’s office. But I gave it to them. I gave them Steve Frazier’s head on a platter. Really, I traded my head for his. So that’s why I’m still here and Steve is gone.”

“But there’s a difference,” I said, “between your drunk-driving incident and the Claflin story. The DUI story was true. Whereas this thing about Justice Claflin is a lie.”

He was quiet for a long time. “Let me refresh your drink,” he said. I offered him my glass this time, just to be sociable. He poured some more into my glass and then his own.

“Gideon and Claflin-” I began.

“Good men. A real partnership.”

“How so?”

“Well, Jerry Claflin is sort of Gideon’s protégé.”

“I figured.”

“I know I get all the credit for pushing his confirmation through the Senate, but the plain truth is, it was Gideon who greased the wheels behind the scenes. Prepared him for the big-time oppo that hits any candidate for the high court.” By “oppo,” he meant opposition research. “Which was a sort of passing of the baton, you might say, because back in the days when Gideon’s name was bounced around for the court-he’s too old at this point-Jerry played that role. He was Gideon’s cornerman, his defender and confidant. You see, the thing about Gideon and Claflin-their relationship is all about loyalty. In both directions. In a town where loyalty is as scarce as spotted owls.”

I nodded slowly, taking it in.

“Jerry Claflin is a deeply honorable man,” Brennan went on. “Perhaps a bit of a stickler, to my taste. But a brilliant jurist. You know, I’m sure, about his contribution to mens rea law.”

“Mens rea? I forget…”

“Criminal intent. Literally, ‘guilty mind.’”

“Right.”

“It matters whether the defendant intended to commit the crime. What the defendant meant to do. Anyway, Jerry will always be celebrated for clarifying the vexed ‘conditional intent’ problem of mens rea. Adam Liptak in the Times compared his decision in Hagedorn to ‘a bed with hospital corners and sheets tucked so tight you could bounce a coin off them.’” He chuckled with pleasure.

“I didn’t know.”

“But this story is just scurrilous, and it will damage him. As Virgil tells us in The Aeneid, fama, malum qua non aliud velocius ullum. There is no evil swifter than a rumor.”

“So who’s trying to destroy him?” I said. “Who has the animus and the resources to do something like this?”

“The proper question is, who’s driving the story? Is it a plant by someone angry about one of the court’s decisions, and Slander Sheet is innocent? Or did Slander Sheet initiate the attack?”

I nodded again. “If it originated with Slander Sheet, do you think it was political?”

“Here’s the thing, Nicholas. Most of the time, owners of magazines and newspapers don’t hide their ownership. They want to be known as the owners, right? They want to be courted and flattered. The fact that we don’t know who really owns Slander Sheet tells me it may not be someone with a political agenda. If you look at the pattern of their hit jobs, I’m not sure there’s a political slant. They came after me, and I’m a liberal, of course. In my place they took down Steve Frazier, who’s as right-wing as they come. Then again, maybe there’s a subtle figure in the carpet. Hard to say.”

“So who benefits from the destruction of Jeremiah Claflin’s career?”

“Ah. That old shopworn phrase cui bono-who benefits? And I’ll tell you the God’s honest truth. I don’t have the slightest idea. It’s a goddamned mystery.”