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Final justice - W.E.B. Griffin [72]

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for the services of a French law firm to represent it at the appeal hearing. There was a legal counsel, with a large support staff-- more than forty people, it was said--attached to the United States Embassy in Paris, but it turned out that before he had become the legal counsel of the United States, he--and most of the members of his staff--had been special agents of the Federal Bureau of Investigation, and were not allowed to practice law, even in the United States.

This revelation produced a plethora of editorials in the French press, on the theme that it was a gross violation of French sovereignty to have American secret policemen operating under diplomatic cover on the sacred soil of La Belle France. What was next, some editorials demanded, the CIA operating in France?

When the case--actually the appeal--was finally heard, the French lawyers representing the United States very politely made the following points:

Trials in absentia are permitted under the laws of the Commonwealth of Pennsylvania, the immediate jurisdiction, when the accused has not shown up as promised after being released on bail, and his whereabouts are unknown and undeterminable.

In the case of Mr. Festung, there was no sentence of death by electrocution. At the time of his trial, the Commonwealth of Pennsylvania had no provision in its laws to execute anyone, by electrocution or any other means. Mr. Festung had been sentenced to life imprisonment.

The government of the Commonwealth of Pennsylvania, on learning that Mr. Festung had been located in France, and understanding the French distaste for trials in absentia, had passed special legislation applying specifically to Mr. Festung, guaranteeing his right to a new trial if he should wish one.

Inasmuch as Mr. Festung had entered France illegally, on a false passport, in a false name, he was not entitled, under French law, to the protection of French law, and furthermore, French law stated that someone apprehended in France who had entered the country illegally would be immediately deported.

The three-judge bank of appeals justices considered the case for almost three-quarters of an hour before deciding to deny the request of the United States government for the extradition of Isaac David Festung, now known as Walter Stillman, resident of Cognac-Boeuf.

Isaac David Festung was free to go.

A cheering crowd greeted the Festungs both outside the court building and when they returned to their home in Cognac-Boeuf.

The United States ambassador to the French Republic decided to appeal the decision of the Court of Appeals. It was whispered that he did so somewhat reluctantly, and only at the insistence of the secretary of state personally. The story went that the secretary had been approached by the Hon. Carl Feldman, the senior senator from the state of Pennsylvania, at the urging of the Hon. Eileen McNamara Solomon, the Philadelphia district attorney.

The story whispered about went on to say that Mrs. Solomon had told Senator Feldman that she could see no way to keep out of the newspapers the fact that Senator Feldman had been this slimy sonofabitch's lawyer and had gotten him released on $40,000 bail--a ridiculous figure for someone facing a Murder Two charge--which he had then jumped, and offered the suggestion that if the senator hoped to get reelected, it might well behoove him to also get it into the papers that, having recognized the error of his ways, he was doing everything in his power to have the murdering sonofabitch extradited.

Neither Senator Feldman nor District Attorney Solomon would comment on this story, but it was soon announced by the French Ministry of Justice that what the Court of Appeals had really meant to say when it had released Mr. Festung was that he was to be released only to Cognac-Boeuf, and there he would be under the surveillance of the Gendarmerie National, pending the results of the appeal of the U.S. Embassy of their decision to the Supreme Court of France.

When Isaac Festung woke in his bed at just about the time Officers Cubellis and Hyde were reporting

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