Oakes?â
âWhat do you think the old coot came up with? Leave it to Bob Dole. He said, âLook, Oakes, you can cite prosecutions in the past under Section 1001âââ
âWhatâs Section 1001?â
âThatâs the âfalse testimonyâ statute the Special ProsecutorâWalshâused against North and threatened to use against Elliott Abrams. You remember? 1991? Abrams had been Assistant Secretary of State for Inter-American Affairs? He tried to conceal that he had got some sultan or sheik or somebody to help out the Contras. The old law says that nobody can, well, sort of hold out on Congressânot tell Congress things the witness really should have known Congress would have been interested in, but wasnât aware of. Itâs a hell of a provision, very old, early this century, but wasnât ever used except against people who were hiding out on money questions. Doleâs point is that the committee could turn Oakes over to Justice and ask for an indictment not on the grounds of what Oakes told them, but on the grounds of what Oakes didnât tell themâthings they found out about from somebody else, and Oakesâs failure to tell them in the first place is âfalse testimonyâ under 1001.â
âIn other words, Oakes could take the Fifth ⦠Hey, thatâs good! âI plead the Fifth on the grounds that I might forget to tell you something you might think relevant to whatever it is you decide later is relevant â¦â Have the courts passed on Section 1001 used like that?â
âThereâs pressure on the Court to clamp down on the Walsh use of it. Get the AG to tell you about the Wohlenberg case, if you want particulars.â
âDid Oakes cave?â
âHe told Dole he would think about it.â
âThink about it in jail, or before he goes to jail?â
âOakes is tough enough to accept jail. But he doesnât go in for melodrama, at least so far as we can figure. He thinks the position heâs taken is the correct position for somebody in his shoes, and he doesnât want to give the impression that he is willing to abandon his position in order to spare himself a month or two in jail.â
âBut how in hell would he be sacrificing his position if he appeared and then didnât give out his secretsâby taking the Fifth? He would simply have outwitted Blanton, no?â
âDole stressed just that. But Dole couldnât deny the public perception: Oakes would be seen as hiding behind the same Fifth Amendment that sheltered the Commies for a couple of generations and is mostly used by criminals. On the other hand, Oakes says he doesnât want to go to jail for the purpose of becoming a martyr.â
âSo whatâs he going to do?â
âHeâs going to think about it.â
âHow longâs he got?â
âI imagine the Senate will act within a week.â
âIf the Senate acts on anything within a week, it will make history. Thanks, Mack.â
That was the signal. The chief of staff got up and left the Oval Office. The President had already started talking over the telephone before he reached the door. Mack shook his head slightly. The President had, in his presence just a moment ago, gone a full three minutes without talking or being talked to. Time spent thinking. Grave stuff. Heady stuff.
CHAPTER 5
AUGUST 1975
Nikolai Trimov was raised by an aunt whose job it was to cook eighteen meals every week for the kolkhozâcollective farmâin Brovary, a half dayâs journey from Kiev on bicycle, over mostly flat farm country, lumpy only here and there with groups of glistening birch trees. His aunt was responsible for feeding 112 farmers, and they breakfasted at 6:45. This meant that she had leisure time with Nikolai only on her day off, which was Wednesday; but Nikolai was at school for most of Wednesday, so that it was only late in the