Disclosure

She paused for a moment. "No."

"Then who initiated the kissing?"

"I guess I did."

"And when he protested and said, `Meredith,’ did you ignore him, press on, and say, `God, I’ve wanted you all day. I’m so hot, I haven’t had a decent fuck’?" Fernandez repeated these statements in a flat uninflected monotone, as if reading from a transcript.

"I may have . . . I think that might be accurate. Yes."

Fernandez looked again at her notes. "And then, when he said, `Meredith, wait,’ again clearly speaking in a tone of protest, did you say, `Oh, don’t talk, no, no, oh Jesus’?"

"I think . . . possibly I did."

"On reflection, would you say these comments by Mr. Sanders were protests that you ignored?"

"If they were, they were not very clear protests. No."

"Ms. Johnson. Would you characterize Mr. Sanders as fully enthusiastic throughout the encounter?"

Johnson hesitated a moment. Sanders could almost see her thinking, trying to decide how much the tape would reveal. Finally she said, "He was enthusiastic sometimes, not so much at other times. That’s my point."

"Would you say he was ambivalent?"

"Possibly. Somewhat."

"Is that a yes or a no, Ms. Johnson?" Yes.

"All right. So Mr. Sanders was ambivalent throughout the session. He’s told us why: because he was being asked to embark on an office affair with an old girlfriend who was now his boss. And because he was now married. Would you consider those valid reasons for ambivalence?"

"I suppose so."

"And in this state of ambivalence, Mr. Sanders was overwhelmed at the last moment with the feeling that he didn’t want to go forward. And he told you how he felt, simply and directly. So, why would you characterize that as a `setup’? I think we have ample evidence that it is just the opposite an uncalculated, rather desperate human response to a situation which you entirely controlled. This was not a reunion of old lovers, Ms. Johnson, though you prefer to think it was. This was not a meeting of equals at all. The fact is, you are his superior and you controlled every aspect of the meeting. You arranged the time, bought the wine, bought the condoms, locked the door-and then you blamed your employee when he failed to please you. That is how you continue to behave now."

"And you’re trying to put his behavior in a good light,"  Johnson said. "But what I’m saying is that as a practical matter, waiting to the last minute to stop makes people very angry."

"Yes," Fernandez said. "That’s how many men feel, when women withdraw at the last minute. But women say a man has no right to be angry, because a woman can withdraw at any time. Isn’t that true?"

Johnson rapped her fingers on the table irritably. "Look," she said. "You’re trying to make some kind of federal case here, by trying to obscure basic facts. What did I do that was so wrong? I made him an offer, that’s all. If Mr. Sanders wasn’t interested, all he had to do was say, `No.’ But he never said that. Not once. Because he intended to set me up. He’s angry he didn’t get the job and he’s retaliating the only way he can-by smearing me. This is nothing but guerrilla warfare and character assassination. I’m a successful woman in business, and he resents my success and he’s out to get me. You’re saying all kinds of things to avoid that central and unavoidable fact."

"Ms. Johnson. The central and unavoidable fact is that you’re Mr. Sanders’s superior. And your behavior toward him was illegal. And it is in fact a federal case."

There was a short silence.

Blackburn’s assistant came into the room and handed him a note. Blackburn read the note and passed it to Heller.

Murphy said, "Ms. Fernandez? Are you ready to explain what’s going on to me now?"

"Yes, Your Honor. It turns out there is an audio tape of the meeting."

"Really? Have you heard it?"

"I have, Your Honor. It confirms Mr. Sanders’s story."

"Are you aware of this tape, Ms. Johnson?"

"No, I am not."

"Perhaps Ms. Johnson and her attorney would like to hear it, too. Perhaps we should all hear it," Murphy said, looking directly at Blackburn.

Heller put the note in his pocket and said, "Your Honor, I’d like to request a ten-minute recess."

"Very well, Mr. Heller. I’d say this development warrants it."

Outside in the courtyard, black clouds hung low. It was threatening to rain again. Over by the fountains, Johnson huddled with Heller and Blackburn. Fernandez watched them. "I just don’t understand this," she said. "There they all are, talking again. What is there to talk about? Their client lied, and then changed her story. There’s no question that Johnson’s guilty of sexual harassment. We have it recorded on tape. So what are they talking about?"

Fernandez stared for a moment, frowning. "You know, I have to admit it. Johnson’s a hell of a smart woman," she said.

"Yes," Sanders said.

"She’s quick and she’s cool."

"Uh-huh."

"Moved up the corporate ladder fast."

"Yes."

"So . . . how’d she let herself get into this situation?"

"What do you mean?" Sanders said.

"I mean, what’s she doing coming on to you the very first day at work? And coming on so strongly? Leaving herself open to all these problems? She’s too smart for that."

Sanders shrugged.

"You think it’s just because you’re irresistible?" Fernandez said. "With all due respect, I doubt it."

He found himself thinking of the time he first knew Meredith, when she was doing demos, and the way she used to cross her legs whenever she was asked a question she couldn’t answer. "She could always use sex to distract people. She’s good at that."