Page 62 of The Right to Remain

“The original point of this exercise was to demonstrate that, no matter how big or how angry your attacker is, the de-arrest maneuver is your best defense. As it turns out, the lesson to be learned is that, sometimes, your best defense is to turn and run.”

He smiled at Theo, then patted him on the shoulder. “Well done, my friend. Glad you’re on our team. Let’s take a break, everyone. Be back here in five.”

The trainees headed for the exit, and so did Theo.

“Not you,” said CJ, and Theo stopped.

“And not you either, Sheila,” he added in a louder voice.

Theo had spotted Elliott’s girlfriend on the other side of the studio during the “demonstration,” but they hadn’t talked to each other. Sheila joined them, and they walked to the weight-lifting area, where CJ invited them to sit on one of the benches. When the last of the group filed out the door, CJ spoke.

“I have a question for you, Sheila,” said CJ. “When you visited Elliott in jail, did he talk to you, or did he give you the silent treatment?”

She seemed put off by the question. “That’s private. I don’t think I should have to answer that, CJ.”

“I’ll take that to mean he talked to you. Now, Theo: I heard about what your friend Jack Swyteck said in court today—that someone is forcing Elliott into silence.”

“I don’t know anything about that,” said Theo.

“I don’t have time for bullshit,” said CJ. “There’s only one reason you accepted the invitation to join my group. Jack Swyteck needs to prove that his client had nothing to do with Owen’s death, and he’s got the idea in his head that I’m putting the squeeze on Elliott to keep his mouth shut and stop him from naming who really did. Swyteck thinks if you hang around here long enough, you’ll sniff something out.”

Theo appreciated the no-bullshit approach. “Close, but not quite right,” said Theo. “I’m here because Jack wants me to find out whyan obscenely rich douchebag who’s never worked a day in his life is running a gun destruction business that doesn’t actually destroy guns.”

“The way we dispose of firearms here is perfectly legal. If there was some deep, dark secret to hide, do you think I would have allowed Elliott and Sheila to show you and Swyteck around?”

“Maybe yes, maybe no,” said Theo.

“Let me ask a pertinent question: If I was threatening Swyteck’s client into silence, do you think I’d inviteyouinto my training class? Do you think I’d let Elliott’s girlfriend keep working at this company?”

Theo didn’t answer.

“You don’t know squat about me,” said CJ. “Neither does Swyteck. So, you’re free to stay and train with the group. In fact, Iwantyou to stay. But you’re also free to leave as you wish. Either way, I want you to take three things straight back to your buddy. One, I don’t believe Elliott killed Owen. Owen killed Owen. Two, I’m not threatening Elliott into silence. And three, I love what Elliott is doing.”

“Doing?”

“His ‘speech strike,’ as the prosecutor called it in court today. It’s an act of protest, and I applaud him for it. Sheila, feel free to tell this to Elliott next time you visit him. I applaud him because his silence is making a very important point.”

“The point being what?” asked Theo.

“Our justice system is a massive failure. Individual speech is the only antidote to governmental tyranny. But we have a system of justice that, for all practical purposes,requiresanyone who is accused of a crime—anyone who faces the most coercive power of the state—to be silent.”

“That’s no reason to stop talking to your lawyer.”

“What better way to make the point?”

“Still not seeing the point,” said Theo.

CJ seemed energized, as if stepping onto the proverbial soapbox. “A justice system built on silence isn’t just a democratic failure. It’s a human failure. Think of the cognitive and dignitary functions ofspeech. Speaking is the best way for someone accused of a crime to engage with the law and express their understanding of it. It’s the most effective way to express anger or remorse, to convey their acceptance or rejection of the criminal justice process. Our system provides none of that.”

“So, you’re saying that Elliott stopped talking to Jack to show the world that our justice system sucks.”

“He’s fighting silence through silence. That’s exactly what I’m saying.” Then he looked at Sheila. “Am I right, Sheila?”

She didn’t seem comfortable in the least. “I’m not going to speak for Elliott.”

“Why would Elliott risk going to jail for the rest of his life to make a point?” asked Theo.

“Because he was well trained byme,” CJ said.