Wolf laughed with a sound like a metal rod pulled along a heavy picket fence. "Do it and you"ll break your teeth."
RAHTAHA, RAHTAHA, RAHTAHA. "Where did you find this guy?" Wolf asked Denroe. "In a puppet factory?"
"Listen you big sack of Cro-Magnon c.r.a.p, at least I don"t go around licking my thumb and STICKING IT IN OTHER MEN"S EARS." Archie had heard about the disgusting form of greeting that delighted the Special Forces men in Vietnam. "Let"s make a deal. You answer my questions and I won"t swear." Wolf hesitated, then nodded agreement, and they shook hands.
"Sir, the trial begins in two minutes," Denroe tried to interrupt.
"Was the guy a double agent? Do you have any proo Gant demanded of Wolf.
"Yeah. No."
"Let"s go," Gant said to Denroe.
Promptly at ten o"clock Major Jay Denroe prepared to present Mister Archibald Gant as the individual counsel for the accused to the president of the General Court-Martial Board-a full colonel from the Infantry branch and to the law officer, a thin major.
The room was large, 40 by 20 feet. Denroe and Gant stood behind a table next to Wolf Lochert. The law officer, the LO, had a table by himself at the left side of the room. The LO, as with all general courts-martial, had to be an active-duty officer who was a member of the bar of a Federal court or of the highest court of any state. The LO ensured that the composition of the court was proper and qualified and that the trial was conducted in accordance with the MCM. To his left, at a long table in the center of the room, sat the six members of the court with the president of the court. Each man had a notepad and several pencils in front of him. There were two other full colonels-one infantry, one artillery, and three lieutenant colonels all senior to Wolf, all from the Infantry branch, on the court-martial board. The president and members of the court were officers from the field without any special law background.
The court reporter sat at the LO"s right; past him, Wolf Lochert sat at the table reserved for him and his counsel. At the far end of the room, directly opposite the LO, was the table for the trial counsel and the a.s.sistant trial counsel.
Large air conditioners chugged in each of the three windows.
The law officer looked up. "Before the court convenes, I wish to state I have examined the appointing orders, I have determined the accused and a proper court are present, and that the appointed trial counsel and defense counsel are apparently qualified." He looked at Denroe. "You have an individual counsel of the accused"s choice?"
"I do, sir." Denroe introduced Gant to the court and presented his qualifying doc.u.ments. After a cursory examination the LO nodded at the president of the court. "You may proceed, sir."
Archie Gant stood up. "If I may present a pretrial motion," he interrupted. The LO nodded at him to continue. "I submit the United States Government has failed in its charges to allege an offense in accordance with Paragraph 68b of the Manual for Courts-Martial.
Therefore, I request the law officer declare these proceedings are a nullity."
"Explain yourself, Counselor," the LO said.
Gant fished a copy of the charges from the stack in front of him.
"Colonel Lochert is on trial under Article II 8 for murder.
Under that very Article, I contend he is not guilty, and, in fact, no offense has taken place." He opened the MCM book. "Article 118, Paragraph b, t.i.tled "Justification," states that a homicide committed in the proper performance of a legal duty is justifiable. Among the justifications listed is "killing an enemy in battle." Additionally, Paragraph c, t.i.tled "Excuse," of Article 118 states a person may be excused for a killing on the grounds of self-defense."
The trial counsel jumped to his feet and addressed the law officer.
"Sir, I will prove beyond any doubt that a murder was committed, that the defendant Wolfgang X. Lochert committed the murder, and that the defendant Wolfgang X. Lochert had criminal intent at the time of the murder."
"Sit down, Counselor," the LO said.
Gant continued as if he hadn"t heard the objection. "And additionally, " he enunciated, "the charges should be quashed due to certain defects in the pretrial Article 32 investigation. To wit: violation of Articles 33, 35, and of 42b." He listed the time factors and press-release reasons as he had for Denroe.
The president of the court looked at the law officer, who spoke up.
a.s.sume you can prove what you say. I will examine the apparent irregularities. However, in any case they are not sufficient to dismiss the charges against the accused. Unless you have anything further- "
"All right then," Gant interrupted. "I want a one-year continuance on the basis of the following paragraphs from the MCM: Paragraphs 69b, "Defects in Charges and Specifications," and 69c, "Defects Arising out of the Pretrial Investigation." Under 69b I charge the offense is inartfully drawn. There was no murder. Under 69c, the defects in the pretrial Article 32 investigation are as previously enumerated. To wit: violation of Articles 33, 35, and 42b; grounds as previously entered."
Wolf Lochert stirred. He leaned toward Gant. "I don"t want a one-year continuance. Let"s get this over with," he rasped.
Gant ignored him. "Further, as counsel, I request continuance because I have not had adequate preparation time for the trial. Further, there is the absence of a material witness I wish to call. I need time."
The president of the court looked to the law officer and said, "I have no objections to a continuance if it is a legal request." Of course he had no objections. He was a field officer who wanted to get back to his unit.
The law officer studied Archie Gant, then turned to Wolf.
"Colonel Lochert, Mister Gant is correct. I will grant you a continuance of six months."
Wolf Lochert glowered. "You didn"t hear me. I want to get this over fast. I have a war to get back to."
"Fast, you say," the LO said. He studied his notes, then stood and faced the members of the court. "Gentlemen, you are dismissed. This court will reconvene five weeks from this date on fourteen March." He faced Wolf. "Colonel Lochert, you will remain confined to the grounds of the MACV Studies and Observation Group in Saigon to perform such duties as your superior officers desire, excluding carrying a weapon of any sort."
0930 HOURS LOCAL, SUNDAY 11 FEBRUARY 1968.
DA NANG AIR BASE REPUBLIC OF VIETNAM.
Captain Toby Parker reported to Lieutenant Colonel Charles Annillo in his office as ordered. Armillo told him to sit down.
"You"re looking mighty fit for a guy who was so puny just three weeks ago. I heard you went on an eating and workout hinge in the gym.
Lifting weights, too. Right?"
"Yes, sir." Since his return from Lang Tri, Toby had used every moment of the day to get back in shape. He was up to 140 in a bench press, and could do a mile on the track in just under six minutes. He had been put back on flying status within a week of his return.
"Great. How many missions you got now, Toby?"
"Hundred and twelve, sir."
"What would you think of a change of scenery?" his commander asked.
"Sir?"
"This came in this morning." He tapped a copy of a TWX message on his desk. "It seems it"s a by-name request for you to go on temporary duty to Udorn in Thailand."
"Udorn, sir? What for?"
"To help set up a night-FAC operation in F-4s. You know the area of the Trail they"re interested in. They want to use your expertise."
Toby sat forward. "Does this mean I"ll get checked out in F-4s, sir?"
He had wanted to fly F-4s all the time he was in pilot training. He had lost the a.s.signment due to a ma.s.sive error in judgment on his part: out of boredom he had barrelrolled a T-38 during an instrument descent on a training flight as a student pilot. His instructor, Chet Griggs, had wanted him washed out. Because he had earned so many medals as a nonpilot in his first Vietnam tour, the USAF had wanted Toby Parker to complete pilot training successfully.
That he was an exceptionally gifted pilot was not in question, he was tops in everything. But Griggs had felt Toby did not have the maturity or judgment to be awarded Air Force pilot"s wings. A compromise had been reached. Griggs had withdrawn his washout report on Toby and gotten the a.s.signment to fighters he had always wanted. Toby Parker had lost his fighter slot but graduated from pilot training on time and gone to FAC school.
"No, no checkout," Armillo said. "But you will do some F-4 flying from the backseat as you help them set up the program."
Toby smiled. "Sounds great, Colonel. When do I leave?"
"In two days."
"By-name request, you said, Colonel. Who made the request?"
"The TWX is from the Seventh Air Force DO, but the man setting up the program is a Major Bannister, Court Bannister. You know him?"
1530 HOURS LOCAL, MONDAY 12 FEBRUARY 1968.
THE OVAL OFFICE, WHITE HOUSE WASHINGTON, D.C.
Major General Albert G. "Whitey" Whisenand sat at his desk in his office in the White House. He wore a dark civilian suit, a pale blue shirt that was in reality USAF standard, and a dark tie. It didn"t pay to walk around Washington these days in military uniform. One risked an egg or worse thrown at him. Not just by the bearded ones, either. A housewifelooking woman had splattered a Navy friend of his in uniform with an overripe tomato while the friend had been waiting in Shirlington for a bus to the Pentagon.
Whitey had just returned from the small office he maintained on the Fourth Floor E Ring in the Pentagon. He took the last of the reports from his ancient satchel-type leather briefcase. He was fond of the old case; it had been issued to him as a second lieutenant in the thirties.
For two weeks the Tet battles had raged. Now, in the third week, victory for the allied side was a.s.sured. Collated intelligence sources put the count of enemy casualties at 37,000 killed and 5,800 captured during the first two weeks of the offensive. On the free forces side, 1,001 U.S. soldiers had been killed and 2,082 allied and ARVN soldiers killed. The offensive had been likened to the last desperate effort Adolf Hitler had made in 1944, when he had thrust into Belgium and been soundly defeated in what came to be known as the Battle of the Bulge.
Any ma.s.sive sudden attack can cause initial casualties. When the attack is not sustained, nor the people rally to the cause, as had been expected by General Giap, then costly failure is the result. The Tet offensive was proving a tactical disaster for Giap"s forces. Not only had his troops not gained their objectives, the South Vietnamese Army had not revolted, and few civilians had rallied to their side.
The press, however, had made the Tet offensive into a stunning victory for the communists. The American public was in an uproar. Told for months the war was nearly over, told that the Viet Cong were on their last legs, told there was light at the end of the tunnel, they were appalled by what they saw each night on their flickering TV sets.
Clearly, somebody in Washington had been lying.
A cascade of death and destruction in living color flooded the living rooms across America with vivid reality of what war truly was. No John Wayne Iwo Jima attacks here, where death was heroic, painless, and, above all, neat. No clean Twelve O"Clock High command decisions.
Instead, it was grim and b.l.o.o.d.y street-fighting, dead soldiers" arms outflung, crumpled civilians, burning and crushed houses, ambush interviews with battle-weary soldiers saying it was h.e.l.l out there.
Death, blood, screaming, savagery, destruction.
Real war.
Cameramen could not get on the other side to show the incredible losses of the Viet Cong and North Vietnamese Army. And what they did film on the American side had to be compressed and visually dramatic or they would not gain airtime, which sooner than later would lead to someone with more of an eye for bang-bang replacing them.
Much of the public, knowing nothing of tactics or strategy, nor being given any in-depth background on what was happening, hearing only the comparison of Khe Sanh to Dien Bien Phu-a great loss for the French-but not hearing that the Tet offensive compared to Hitler"s defeat at the Bulge, was upset and quick to lose what remaining confidence they had in their government leaders. Never had American leaders satisfactorily explained the value of trying to keep South Vietnam free, so there was nothing to offset the cost of the war as shown so vividly on the television sets in millions of homes.
The light from the President"s secretary lit up as Whitey"s intercom buzzed. "Yes, Ethel," he responded.
"General Whisenand, the President would like you in his office immediately." Her voice sounded cool and remote.
She was a longtime Johnson employee from Texas, whose reputation for efficiency and for never revealing privileged information was legendary.
She had, for example, told no one except the President himself when a certain senator from Wisconsin threw up on her carpet as he left the Oval Office after finding out exactly what Lyndon Baines Johnson thought of him. It was LBJ himself who reveled in telling that story, both to humble the senator and to brag about his faithful closed-mouth servant.
Whitey picked up a notepad and his blackboard as he went out the door.
He sat next to Ethel"s desk for twenty minutes before LBJ"s press secretary came out and said he could enter.
The six-foot, three-inch President stood by his desk, watching the three TV screens built into a large white cabinet. He wore bulging black trousers and a white shirt rumpled and loose at the belt.
It was now two weeks since the Tet offensive had begun, and five weeks since LBJ had renewed the Rolling Thunder bombing campaign against North Vietnam. He had stood down the Air Force and Navy for nine days, from December 24 into early January, hoping Ho Chi Minh got the message that he should capitulate or at least come to the negotiating table in Paris.
The pressure to stop the strikes up north and get out of South Vietnam had become more intense each month. Only under the urging of Whitey and other members of the military had LBJ grudgingly resumed the strikes.
One of the three teletype machines next to the big TV cabinet started to clatter. They were wire services from AP, UP, and Reuters. Abruptly President Johnson"s expression changed from scorn to rapt interest. He smiled, his earlier rampage forgotten.
"Those tickers," he said, waving his arm, "they"re like friends tapping at my door for attention. I love having them around. They keep me in touch with the outside world. They make me feel I"m truly in the center of things. I could stand by them for hours and never be lonely." He stood up and made a sly grin. "And soon they"re going to have a lot more to tick about than they could possibly know." He waved at a chair in front of his desk.
"That Nixon, you know, says he"s going to run against me for president.
Bah. He didn"t make it against Kennedy in sixty and he won"t make it against ... well, whoever runs this year.
"Whoever runs this year?" Whitey echoed. He was startled. It wasn"t like LBJ to be equivocal about something as obvious as his running for reelection as president. "You will run, of course."
"I"ve made up my mind. It"s Clark Clifford," LBJ said abruptly. "He"s the man I"m naming as the new Secretary of Defense. He"ll be here in five minutes. I want you to meet him, brief him on what you do for me, and give him all the a.s.sistance you can whenever he asks. He replaces Bob McNamara the first of March."
Whitey nodded, not too surprised. He had guessed correctly some time ago that Clifford would be the next Secretary of Defense. Nor was he surprised at LBJ ignoring his question about running for a second term.
By now he was used to the President"s rapid mood changes. The war was wearing the big Texan down.
Whitey turned his attention to what LBJ had just said.
Whitey thought highly of the Democrat, Clifford. Anything but an Ivy Leaguer, Clifford had been born in Kansas in 1906 and earned a law degree from Washington University twenty years later. He had played poker with Churchill, helped Truman upset Dewey, and helped author the National Security Act of 1947 which had set up the CIA and the NSC. He had been a major force molding the Truman Doctrine-the containment policy--which had successfully stopped Soviet expansion in Greece, West Berlin, and else where. Later, he had been JFK"s personal attorney. He had directed the transition from the Eisenhower administration to Kennedy"s New Frontier.
Ethel buzzed in Clark Clifford. He was lean, over six feet, and a very fit sixty-year-old man. His features were chiseled elegance, his hair wavy and golden. He wore a doublebreasted dark suit, white shirt with a high starched collar, maroon tie, and black wingtip shoes.
"Mister President," Clifford said as a greeting in his cultured voice.
"And General Whisenand. How good to see you again." They shook hands.
"Still betting into ace-high draw?"
"Of course," Whitey guffawed, "when I"m sure there"s nothing behind it."
Clifford was referring to a quarter-limit poker game played years before, when he had lost four dollars trying to bluff Whitey into believing he had a pair of aces.
LBJ walked over by the fireplace. "Tell me and the general here exactly your views on Vietnam."
Clifford stood next to the sofa. He pinched an earlobe for a moment, cleared his throat, and began to speak in a quiet voice.
"I"ve lived and slept Vietnam for a long time now. It"s clear to me we entered this war with the n.o.blest of motives.
We were coming to the rescue of a beleaguered South Vietnam, which was resisting aggression from North Vietnam, which is supported by two great communist powers. We said if we can defend South Vietnam we can stop communist aggression from spreading throughout Southeast Asia.
Later we got into it more and more, trying to defend the freedom of these brave people and also to look out for our own national security.
Even that relevance and accuracy is in doubt now. Maybe we have misunderstood or exaggerated.
It all goes back to the failure on the part of France and England to face up to Hitler and the threat of the Third Reich. It"s clear to me if Hitler could have been stopped, the Second World War could have been prevented, with the millions of people who lost their lives. And after the Second World War was over and the Soviets started their aggressive stratagems, Mister Truman and the others had a clear example of what happened if we didn"t face up to aggression. So NATO, and the Marshall and Plan, and the Berlin Airlift, stopped Soviet aggression in its tracks. So there we have two dramatic ill.u.s.trations: we could have prevented the Second World War had we moved, and we did move against Soviet aggression and did stop it. And when they began to move in Southeast Asia, we said "By G.o.d, not again." And it was n.o.ble. Remember, it was JFK himself who said that neither the United States nor Free Vietnam was ever going to be a party to an election obviously stacked and subverted in advance by the communist North and its agents. Free Vietnam will be a proving ground of democracy, and the cornerstone of the Free World in Southeast Asia. Yes, it was n.o.ble. But other factors are intruding now."