Decency Read Online Free PDF

such as wrongful death, or something called constitutional torts, which is where a government agent is liable for deliberately violating constitutional rights, and there are some other kinds of possible suits, like malpractice against the psychologist. But in any case that you could bring, based on what you know now, you will run into defenses that will trump you. One of the most important is the fact that the government cannot be held liable for security clearance decisions. The courts will not touch that subject because of a Supreme Court case called Navy v. Egan . The Court said in that case that the President and the rest of the executive branch has exclusive authority on security clearance decisions. Lower courts have since expanded that to broadly mean they cannot review those decisions at all. As far as malpractice goes, you have to bring that case against the government but the ordinary defenses apply. Unless you have solid evidence of deliberate misconduct, not just mistaken diagnosis, there is no liability. Finally, in all of this there is a problem of causation. From what you’ve told me Samantha had virtually no ill effects from the government’s actions and proving she died as a result of them will be next to impossible.”
    “So, even if she was depressed and the government caused it we could not prove that?”
    “Correct. Kathy, I don’t think it could be worse. As I said I’ll refer you to some other lawyers. If you will permit me, I’ll include a copy of the materials you left with me and the letter I will write to you in the package I send to them. Would it be all right to send those materials to them?”
    “Yes, of course.”
    “Good. You should get a second opinion or two. It breaks my heart to be the one to have to tell you these things. You know in high school I felt for Samantha as much anyone. I just cannot in good conscience tell you to spend your money on a case that I can’t see going anywhere.”
    “I know, Mike. I wouldn’t question your sincerity. That’s why we came to you.”
    “Kathy, I’ll also provide you a copy of the letter that I send to each of the other lawyers. Other than that, please don’t hesitate to get back in touch with me if you have any questions about this, if something new comes up, or even if you just want to talk, okay?”
    “Thanks, Mike, I know you did what you could.”
    Kathy put down the phone. The world started closing in.
    …where do we possibly turn now…

     
    One of Samantha’s three colleagues who spoke to Kathy and Harlan at the reception after the funeral, Ted Fitzgerald, had a difficult duty to perform. He had to interview Stanley Wadell and it would shorten the man’s career.
    Wadell sat at his NSA terminal as a lone, recognized figure approached.
    “Mr. Wadell, I’m Ted Fitzgerald with the FBI. Here is my credential.”
    …oh God, do they know…?
    “Mr. Fitzgerald, I know who you are. You’re detailed here to the Security office. Catching any crooks?”
    “Sir, I would like to talk to you concerning your activities. Would you come with me to the conference room, please.”
    “Sure.”
    The pair walked down the several corridors in NSA’s huge headquarters facility dedicated to Security’s use.
    Fitzgerald shut the door behind them.
    “Now, Mr. Wadell, first of all you have the right to remain silent in this interview…”
    “And if I do, they’ll yank my clearance and fire me.”
    “Sir, that is a matter for the management of NSA to determine. It is beyond my responsibility to comment on that. But you have indicated you are aware of your rights. Are you prepared to continue with the interview?”
    …pea-brain, I just said I didn’t have a choice…
    “Of course.”
    “All right. Then I need to have a witness join us.”
    Fitzgerald keyed the intercom for the head of Security.
    “This is Cindy.”
    “Cindy, Ted. I’m with Mr. Stanley Wadell. He has indicated a desire to continue with an interview. Can you send someone