A few weeks from now:
The governor calls a meeting of her top advisers — in the Wake County jail.
“I brought you a cake,” one of them says, holding a bakery box.
“Does it have a file under the icing?”
“Governor, breaking out of here is the last thing you want to do.”
“Why is that?”
“Because your poll numbers are shooting up. Getting that contempt-of-court citation is the most popular thing you’ve done all year.”
“I’m not doing this to score political points. I’m doing it to protect the public from murderers and rapists. I said I won’t let those criminals out of prison, and I mean it.”
“The people love it, Governor. There’s going to be a Bust Bev Out rally in front of the jail this afternoon. Tomorrow there’s going to be a protest outside the Supreme Court building. There’s a movement to impeach the justices unless they release you. Of course, we hope they won’t — at least for a while.”
“That’s easy for you to say. I’d rather be sleeping in the Executive Mansion. And Bob misses me.”
“All the better. The people appreciate that you’re suffering on their behalf. They don’t see that from elected leaders very often. Usually it’s the other way around.”
“I’m happy the public is supporting me, but I’m worried about this getting out of hand. If this is going to turn into a showdown between me and the Supreme Court, everybody could lose.”
“How’s that, Governor?”
“It’s not good for the state if people turn against the judiciary — and if the justices think I’m stirring that up, well, I could be here for a long time.”
“What do you want to do?”
“Call the chief justice and ask her if she’d be kind enough to pay me a visit.”
The next day ...
“Thanks for coming, Madame Chief Justice. Would you like a piece of cake, or pie, or some cookies? I’ve got more baked goods here than the State Fair.”
“No, thanks, Governor. I lost my appetite when I had to walk through a mob outside the courthouse screaming for my impeachment.”
“Well, people can get carried away. Surely, there’s no impeachment movement in the legislature.”
“It was a mob of legislators!”
“Oh. Well, you know they just follow the political winds. This will blow over soon.”
“When?”
“When the courts rule those criminals should stay behind bars and I should get out.”
“Governor, I am not going to negotiate legal matters. The courts have ruled according to the law without any consideration for politics or public opinion.”
“Obviously. But judges are still elected by the people. And they’re subject to removal for misconduct in office or failure to perform their duties, as determined by the legislature. I don’t know about you, but I’d consider myself derelict in my duties if I agreed to let killers and rapists out of prison. And I think a lot of legislators feel the same way.”
“Do they? You know this is all a result of laws passed by the legislature and policies set by the Department of Correction? Don’t blame the courts.”
“I’m not blaming anyone. I’m just carrying out my responsibilities the best I can.”
“You’re required by your oath of office and the constitution to carry out the law.”
“Right. I’m just seeking clarification of the law. And until I get it, I’m not letting any killers and rapists loose.”
“The law has seemed very clear to the courts so far.”
“So, I guess we’re just at an impasse then, aren’t we?”
“Not necessarily.”
“What do you mean?”
“I mean there’s a constitutional requirement that 'the governor shall reside at the seat of government of this state.’ ”
“So? I reside at the Executive Mansion in Raleigh.”
“It appears to me that you presently reside, and will continue to reside as long as the court finds you in contempt, here in the Wake County Detention Center — which is clearly not located within the Raleigh city limits. One also could make a case that your incarceration here amounts to physical incapacitation. These are grounds for your removal from office. I should be having this conversation with the lieutenant governor, who could be your successor very soon.”
“You wouldn’t dare.”
“I can’t allow a political assault on our courts, for any reason.”
“Now wait a minute. I can see your point.”
“Good. Let’s talk. I think I’d like some cake after all.”
Thanks for reading. You can call me at 373-7039, email me at dgclark@news-record.com, or post a comment here.
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