Sunday, December 23, 2018

Chapter 3: My Book on the Calling of the First Article V Convention of the States

Chapter Three

Late Spring 2017

Twelve Highlanders and a Bagpipe
Make a Rebellion

Old Scottish Proverb

Inspiration comes from the right side of the brain, and had an MRI peeked into Judge Garland’s brain on that warm Spring morning, it would have shown a supernova of electrical activity.  Judge Garland’s plan to pay back Congress for denying him a seat on the Supreme Court Bench sprang fully formed in his left brain and he began to write the decision in Sibley v. McConnell & Ryan that would deliver retribution upon the Congress and change the course of the history of the United States.

The actual drafting of his opinion only took a few hours as he adopted Blair’s well-researched and well-founded legal arguments.  Pleased with the final draft, Judge Garland then set his plan in motion by calling his law clerk, Rachel Hera, into his chambers.

“Rachel”, Judge Garland said, “I have a task for you that is a little out of the ordinary.  I have decided to announce the decision in Sibley v. McConnell & Ryan from the bench rather than just published it like we do all other decisions.  I have consulted with Judges Henderson and Rodgers and they have agreed. I want you to call counsel and let them know that next Monday at 10:00 a.m., the decision will be publicly read.”

Rachel was no fool.  Harvard Law School -- of course -- and a Texas native, Rachel knew something was up.  “Judge, can you tell me what this is about? You didn’t ask me to review your opinion and I have never heard of a decision being announced from the bench.”

“Let’s just say, that payback is a bitch” Judge Garland said. “When you call the attorneys for McConnell and Ryan, just tell them the time for the public announcement of the decision on Monday.  However, I am going to ask you to meet with Blair Sibley personally because what I want you to tell him something I do not want in an email or even over a cellphone. Just call him and tell him that you want to meet with him in person as you have a message for him.”

“And what would that message be, Judge?”

“Tell him to make sure that every media contact he has from his D.C. Madam and Obama birth certificate litigations is present in the Courtroom.  He, and the media, will not be disappointed, I can assure him. Got it? Meet him at the Jefferson Memorial or someplace public.”

“Yes Judge, I will get right on it.”

Rachel knew something was up and it was something big.  It bordered on unethical for her to meet privately with Blair, but if that was what Judge Garland wanted, she was going to oblige.  Her telephone call to Blair was short and professional.

“Mr. Sibley, I am Rachel Hera, Judge Garland’s Law Clerk and I am calling to let you know that Judge Garland has scheduled a hearing next Monday at 10:00 a.m. to publicly announce the decision in Sibley v. McConnell & Ryan.  Additionally, could we meet privately?  Would the Jefferson Monument this evening at 5:00 p.m. be convenient?”

Blair was surprised as this was most unusual.  Law Clerks never met with attorneys or parties to lawsuits as their impartiality might be impaired and their reputation impugned.  However, if Rachel Hera wanted to meet with him, why not?

“Rachel, I am happy to meet with you, but I am not a fan of the plagiarizer Jefferson, so might we meet instead at the statute of the true author of the Declaration of Independence, George Mason.  As you probably don’t know, George Mason wrote in the Virginia Declaration of Independence: ‘That all men are by nature equally free and independent, and have certain inherent rights...namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.’ Later, Jefferson, when writing the U.S. Declaration of Independence wrote: ‘We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.’  As a descendant of George Mason, I can’t in deference to my ancestor meet at the Jefferson Memorial. The George Mason statue is at the east end of the Tidal Basin on Ohio Drive. Shall we say 5:00 p.m. there this evening? You will recognize me as I will be in my Kilt and the only one there playing the bagpipes, I am sure.”

“That would be fine.  I will see you then and there.” Rachel said.


The George Mason Memorial, located in East Potomac Park
near the Thomas Jefferson Memorial

As Rachel approached the George Mason Memorial at the appointed time, she could hear the Great Highland Bagpipes playing “Going Home” and knew that Blair was there.  She first saw him doing a slow march around the small reflecting pool that fronted the slightly larger than-life bronze statue of George Mason, sitting at ease on bench, walking stick at his side.  They were all alone at the Memorial as few tourists knew this monument even existed on the Mall. Only dedicated in 2002, the monument was a fitting tribute to the man who refused to sign the United States Constitution because it did not abolish the slave trade and because he did not think it had the necessary protection for the individual from the federal government.  It was Mason’s latter concerns that ultimately led to the first ten amendments to the Constitution in 1791 which later became known as the Bill of Rights in the 1830s. His former concern of course led to the War Between the States which to this day still causes conflicts between Citizens.

Blair saw Rachel approach and was struck by her obvious charm and good posture.  This was an accomplished woman; she wouldn’t be clerking for Judge Garland otherwise.  Finishing his tune, Blair sat down on the bench next to the statute of George Mason and motioned Rachel to sit next to him.  Though almost 60, Blair was one of those men who would be flirting with nurses as they wheeled him around in his 90s, if he made it that long.  Married and divorced three times, Blair found intelligent women endlessly fascinating and Rachel was clearly one of those.

“I looked you up on Internet Rachel.  You are quite accomplished and should know better than to meet with me ex parte like this.  The attorneys for Ryan and McConnell would scream if they found out.”

“Look Mr. Sibley, I know this is unusual but Judge Garland asked me to convey a message.  Otherwise, you and I would never be speaking like this. So here is the message and then I will be on my way.  Judge Garland wants you to get as much press coverage as possible for his public announcement on Monday of the decision in Sibley v. McConnell & Ryan.  He said you must have many contacts from representing the D.C. Madam and your Obama birth certificate litigation.  That is all.” Rachel got up to leave.

“Rachel, a moment more of your time if you please. I understand the need to keep our meeting on a professional level, so I will for now.”  Rachel slowly sat down again digesting what he was saying. Blair continued: “Can you tell me what he is going to announce that he needs the press there? I have been taken into custody a couple of times by Judges I have pissed off, so I would like to know if I should wear extra underwear and socks and bring my toothbrush.”

“Mr. Sibley, I am quite sure there is no plan to take you into custody.  Quite the contrary, though he didn’t tell anything about his decision -- I didn’t even proofread it for him -- something is clearly up as he did say that ‘payback is a bitch’ so I can only guess it has to do with McConnell and Ryan, not you.”  As with all women, Rachel couldn’t help but glance down at Blair’s kilt, wondering to herself if it was true that nothing is worn under the kilt. Looking up, Rachel flushed as she saw that Blair had caught her staring at his kilt. Flustered, Rachel composed herself and asked: “What tartan are you wearing?”

Blair smiled. “This is the Clan Blair tartan, a sept of Clan Graham.  The Blair Family goes back at least to the year 1225. Sir Bryce de Blair fought with Sir William Wallace in the Scottish Independence Cause for which he was executed by the English King Edward I when he refused to give up Wallace’s location. His nephew, Sir Roger de Blair was knighted by Robert the Bruce for his services before and during the battle of Bannockburn in 1314.  So it is with some pride that I wear the Blair tartan. But let me be bold, as it has always served me well to be so: You were wondering if anything was worn under the kilt, weren’t you?” Rachel, a fair skinned, blue-eyed, still wore her hair long, Southern Belle at her core, blushed deeply. “Well” Blair continued, “Madam, I assure you that nothing is worn under my kilt, everything's in perfect working order.”

Rachel sat stunned for a moment and then lept to her feet and stormed off with a swirl of confusing and conflicting emotions now running through her Harvard Law trained brain and her Texas heart. Blair just laughed and lit into “Scotland the Brave” on his bagpipes as she walked away.


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