Against All Enemies (23 page)

Pullman talked to his lawyers for a few moments; then the three of them nodded and sat down at the defense table. Pullman glanced around and saw Paul, then grinned and made a small wave in greeting. If Pullman was feeling any uncertainty, he was doing a great job of hiding it. Paul just nodded back, wondering what Pullman made of the fact that Paul was sitting near the trial counsel.

The low surf of conversation which had risen when Pullman entered dropped noticeably. Paul watched as the bailiff walked to the front center of the courtroom to stand near the judge's bench. She waited, outwardly patient, as some conversations continued in the background, then finally cleared her throat loudly. "Quiet in the courtroom, if you please."

The bailiff waited a moment longer to ensure everyone was paying attention, then turned slightly to point toward the door to the judge's chambers. "I will announce 'all rise' when the military judge enters. Everyone is to rise at that time. You are to remain standing until the military judge directs everyone to be seated. The judge will direct me to summon the members of the court. Everyone will rise again. Once the members of the court have entered and taken their seats, the military judge will direct you to be seated. Are there any questions?"

The bailiff, apparently neither anticipating questions nor being interested in answering them, immediately went to the back of the courtroom. Paul thought she was the same bailiff who'd been present for Jen's court-martial. Barely opening the door behind the judge's bench, the bailiff spoke, listened to a reply, then came back to stand in her original position. "All rise."

Paul and everyone else in the room came to their feet, the military personnel also automatically coming to attention. The military judge, Captain Elizabeth Campbell, walked quickly to the bench and sat down, then looked around the courtroom. "This Article 39 (A) session is called to order. You may be seated." Paul could have recited the same words in his sleep. Every court-martial started with them, invoking the legal article under which a court-martial was held.

Everyone sat, but almost immediately Commander Carr stood up again and began reciting the next words mandated by the Manual for Courts-Martial for opening the legal proceedings. "The court-martial is convened by general court-martial convening order 0330, Commander, United States Space Forces, copies of which have been furnished to the military judge, counsel, and the accused. The charges have been properly referred to the court-martial for trial and were served on the accused on 6 October 2102. The accused and the following persons detailed to the court-martial are present: Captain Nguyen, Captain Campbell, Commander Sriracha, Commander Carr, Lieutenant Commander de Vaca, Lieutenant Kilgary, Lieutenant Mahris, Lieutenant Owings."

Captain Campbell nodded. "Thank you, trial counsel. Bailiff, please ask the members of the court-martial to enter."

The bailiff went to the door behind the members' table, opened it, spoke briefly inside, then stood to one side. "All rise," she called again.

Paul came to attention again as everyone else stood. Captain Nguyen led the way inside, pointing out their seats to the other members of the court. Nguyen, as most senior, would sit in the center, the other officers alternating taking seats to either side in decreasing seniority.

Lieutenant Kilgary appeared to sweep her eyes across Paul when she took her seat, but didn't react. He hadn't expected her to. This wasn't exactly the time or place for renewing acquaintances. Lieutenant Pete Mahris looked pretty much like he had the last time Paul had seen him, during commissioning ceremonies at the Academy. Paul noted that Mahris had twisted his chair very slightly so that he could more easily watch Captain Nguyen out of the corner of his eye, no doubt the better to ensure he followed Nguyen's lead on events.

Judge Campbell waited until she was sure the members of the court were all seated, then looked out across the courtroom. "You may be seated." Then, after a brief pause while everyone took their seats again, she pointed her gavel at Commander Carr. "Continue, trial counsel."

Commander Carr turned to face both the member's table and the judge. "I have been detailed to this court-martial by order of the fleet judge advocate general's office. I am qualified and certified under Article 27(b) and sworn under Article 42(a). I have not acted in any manner which might tend to disqualify me in the court-martial."

Lieutenant Owings then stood up at the defense table. "I have been detailed to this court-martial by order of the fleet judge advocate general's office. I am qualified and certified under Article 27(b) and sworn under Article 42(a). I have not acted in any manner which might tend to disqualify me in the court-martial."

Judge Campbell turned her head toward the defense table. "Lieutenant Bradley Pullman, you have the right to be represented in this court-martial by Lieutenant Owings, your detailed defense counsel, or you may be represented by military counsel of your selection, if the counsel you request is reasonably available. If you are represented by military counsel of your own selection, you would lose the right to have Lieutenant Owings, your detailed counsel, continue to help in your defense. Do you understand?"

Brad Pullman gave a brisk nod as he answered. "Yes, ma'am."

"In addition, you have the right to be represented by civilian counsel, at no expense to the United States. Civilian counsel may represent you alone or along with your military counsel. Do you understand?"

"Yes, ma'am."

"Do you have any questions about your right to counsel?"

"No, ma'am."

"Who do you want to represent you?"

"I wish to be represented by civilian counsel, Mr. David Sinclair, along with my detailed military counsel, Lieutenant Owings."

"Very well," Judge Campbell stated. "Mr. David Sinclair, your qualifications to practice law have been provided to this court?"

Paul's brother nodded, his civilian suit looking out of place amid the military uniforms on all sides. "Yes, Your Honor."

"Counsel for the parties have the necessary qualifications, and have been sworn, except for Mr. David Sinclair, who will now be sworn." The judge waited while the bailiff marched to the defense table and swore in David Sinclair, then she said, "I have been detailed to this court by order of the judge advocate general's office of the Commander, United States Space Forces."

Commander Carr walked away from her table, then once again turned to face the members of the court-martial and the judge. "The general nature of the charges in this case allege the commission of acts of espionage against the United States by Lieutenant Bradley Pullman. The charges were preferred by Commander, United States Naval Space Forces, and forwarded with recommendations as to disposition to Commander, United States Space Forces." She fully faced the judge's bench. "Your Honor, are you aware of any matter which may be a ground for challenge against you?"

"I am aware of none."

"The government has no challenge for cause against the military judge."

David Sinclair looked over at Lieutenant Owings, nodded and made a gesture. Lieutenant Owings stood. "The defense has no challenge for cause against the military judge."

Judge Campbell focused her attention on Pullman. "Lieutenant Pullman, do you understand that you have the right to be tried by a court-martial composed of members and that, if you are found guilty of any offense, those members would determine a sentence?"

Pullman kept his voice and actions crisp and confident. "Yes, Your Honor."

"Do you also understand that you may request in writing or orally here in the court-martial trial before me alone, and that if I approve such a request, there will be no members and I alone will decide whether you are guilty and, if I find you guilty, determine a sentence?"

"Yes, Your Honor."

"Have you discussed these choices with your counsel?"

"I have."

"By which type of court-martial do you choose to be tried?"

"By members, Your Honor."

"Very well. The accused will now be arraigned."

Commander Carr spoke with a crisp authority that more than overmatched that of Brad Pullman. "All parties and the military judge have been furnished a copy of the charges and specifications. Does the accused want them read?"

Pullman glanced down at David Sinclair, who looked at Lieutenant Owings. Both lawyers nodded to each other; then Owings answered. "The accused wishes the charges to be read."

Paul wondered why, then noticed how his brother was intently watching the members of the court-martial.
He wants to see how they individually react to the reading of each charge. Clever
.

"Very well." Commander Carr looked down at her data pad and began reading, looking up often to scan the members and gauge their reactions as well. "Lieutenant Bradley Fielder Pullman, United States Navy, is charged with violations of the following articles of the Uniform Code of Military Justice."

"Article 92 – Failure to obey order or regulation. First specification. In that Lieutenant Bradley Fielder Pullman, United States Navy, did onboard USS
Michaelson
, CLE(S)-3, then docked at berth seven alpha of United States Naval Space Station Benjamin Franklin, on or about 20 August 2102, violate a lawful general regulation, to wit: Secretary of the Navy Instruction 5520.5 dated 1 July 2100, Security and Handling of Classified Materials Onboard U.S. Navy Ships and Installations, by wrongfully and without authorization downloading Top Secret documents from the combat support data systems of the USS
Michaelson
onto portable and transportable storage media."

Paul, knowing the boilerplate part of the charges by heart, concentrated on watching the members, trying to gauge their reactions to the charges, and on watching Brad Pullman to see how he took hearing the charges against him being read in all of their grim formality.

"Second specification. In that Lieutenant Bradley Fielder Pullman, United States Navy, did . . . violate a lawful general regulation, to wit: Secretary of the Navy Instruction 5520.5 dated 1 July 2100, Security and Handling of Classified Materials Onboard U.S. Navy Ships and Installations, by wrongfully and without authorization removing Top Secret materials downloaded onto portable and transportable media from onboard the USS
Michaelson
."

"Article 106a – Espionage. First specification. In that Lieutenant Bradley Fielder Pullman, United States Navy, did . . . with intent or reason to believe it would be used to the injury of the United States or to the advantage of the South Asian Alliance, a foreign nation, deliver operational orders and annexes classified up to and including Top Secret and pertaining to U.S. Naval operations then soon to be carried out, to an agent of the South Asian Alliance."

"Second specification In that Lieutenant Bradley Fielder Pullman, United States Navy, did . . . on or about 20 August, 2102, with intent or reason to believe it would be used to the injury of the United States or to the advantage of the South Asian Alliance, a foreign nation, attempt to deliver intelligence reports classified Top Secret which directly concerned current knowledge of foreign military capabilities, to an agent of the South Asian Alliance."

"Third specification. In that Lieutenant Bradley Fielder Pullman, United States Navy, did onboard USS
Michaelson
, CLE(S)-3, on or about 20 August, 2102, with intent or reason to believe it would be used to the injury of the United States or to the advantage of the South Asian Alliance, a foreign nation, attempt to commit espionage by emplacing covert taps within selected compartments onboard his ship with the aim of covertly collecting information.

"Article 133 – Conduct unbecoming an officer. In that Lieutenant Bradley Fielder Pullman, United States Navy, did onboard USS
Michaelson
, CLE(S)-3 . . . wrongfully and dishonorably engage in conduct unbecoming an officer, to wit: misappropriating classified information for personal gain."

"Article 134 – False or unauthorized pass offenses. In that Lieutenant Bradley Fielder Pullman, United States Navy, did . . . have in his possession a station access pass which had been improperly tampered with to allow Lieutenant Pullman to access areas of the station without leaving any record on the station personnel tracking and security system."

"The charges are signed by Commander, United States Naval Space Forces, a person subject to the code, as accuser; are properly sworn to before a commissioned officer of the armed forces authorized to administer oaths, and are properly referred to this court-martial for trial by Commander, United States Space Forces, the convening authority."

As far as Paul could tell, Brad Pullman hadn't flinched from the charges at all, but had kept his expression cool and confident throughout the reading. If they'd been in a card game, Paul would've assumed Pullman had a very good hand.

Judge Campbell kept looking at Commander Carr for a moment after she finished speaking, then looked at Pullman. "Lieutenant Pullman, how do you plead? Before receiving your pleas, I advise you that any motions to dismiss any charge or grant other relief should be made at this time."

David Sinclair stood up, his expression respectful. "Your Honor, the defense would like to move for the dismissal of the violation of Article 133 on the grounds that it is duplicative and nonspecific as to the nature of the requirements which Lieutenant Pullman is alleged to have violated."

Judge Campbell shook her head. "The motion is denied. The Uniform Code specifically states that violations of Article 133 can be brought in addition to charges for specific actions if those actions substantiate a charge of conduct unbecoming an officer. As to the 'nonspecific' nature alleging conduct unbecoming an officer, the law presumes that all officers are aware of the special requirements placed upon by virtue of their holding a commission as an officer. Does the defense have any other motions at this time?"

"No, Your Honor." David Sinclair sat down again.

Brad Pullman stood at attention, speaking in a firm, clear voice. "I plead not guilty to all charges and specifications, ma'am."