The Burden of Proof
year, following a clerkship in the U. S. court of appeals, and, presumably, a distinguished law school career, and he sensed an advantage in her inexperience. She had acquired a reputation as bright but phlegmatic, even flaky, the kind to blow hot and cold. He did not wish to lend her any reassurance.
    "Tell me, Ms. Klonsky," said Stern, shifting the subject, "what is the nature of your investigation?"
    ',I'd prefer not to say right now."
    "Are other agencies involved besides the FBI?" Stern wanted to know about the IRS in. particular. They were always. trouble. And if the federal regulators were in-volvedmthe Commodities Futures Trading Commission he might gain some idea how the charges originated.
    "I can't answer," said Klonsky.
    "What about Mr. Hartnell? Are you willing to say whether or not he is a target?"
    She paused, being careful. Klonsky had had her share of bad experiences with the defense bar already.
    "I can't tell you he's not."
    "I see." Stern thought. "When will you be able to be more precise about his status?"
    "Perhaps after we look at the documents we've subpoenaed.
    They're due today."
    "Well, I am afraid that we shall be a bit late providing them. You are basically asking that Mr. Hartnell and his employees stop running his business and look for records for weeks."
    "It's not that bad," said Klonsky.
    "I am assured it is."
    Klonsky sighed. She was tiring of the conversation. "How long?"
    "We need an extension of at least three weeks," he said.
    Dixon was looking on approvingly. He had his cigar tucked in his cheek, and a large enthusiastic smile. This was better than TV. "No, I am sorry," said Stern, "I had not consulted Mr. Hartnell. Best make it a full month."
    "That's ridiculous. These records are probably in a few cabinets."
    "I am informed otherwise, Ms. Klonsky. This is a federal grand jury investigation. I represent both the corpg. rotion and Mr. Hartnell personally. You will not identify your targets. I must be alert to conflicts at the same time that I try to be certain that our compliance with your subpoena is exact. I am required to make at least one trip to Chicago, if not more, to do that. If you wish to limit your requests, or tell me what is needed first, I would try toblige." She was silent. If she narrowed her request, she might disclose her interests. "If you think I am being unreasonable, make a motion to compel. I shall be happy to explain all this to Judge Winchell."
    Chief Judge Winchell, a former prosecutor, would rule for the government eventually. But no judge in the federal courthouse would set strict deadlines for Sandy Stern this month. His personal circumstances required no mention here.
    Ms. Klonsky knew the score.
    "No further extensions," she said. She gave him a date--the second of May. "I'll send you a letter."
    "Very well," said Stern. "I shall look forward to meeting with you, after you have reviewed what we provide."
    "Right," she said.
    "And, of course, Ms. Klonsky, I do accept your apology."
    Klonsky, pierced, hesitated, but thought better of whatever she had in mind.
    "Right," she said again and clapped down the phone. Stern could not restrain his satisfaction. That had gone well.
    Ms. Klonsky was high-strung and ill-humored and he had gotten the better of her. When the month was over, they could ask for another week or two, if need be.
    Dixon was laughing, delighted to see the government bashed.
    He asked what she had told him.
    "Very little. Except that she would not rule out the possibility that you are a target of' her investigation."
    Dixon drew on his cigar. He was instantly far more subdued, but he shrugged gallantly.
    "You slowed her down," he said.
    Stern listed what he would be doing near-term: the other customers he would contact; his trip to Chicago tO look over the records for the subpoena as soon as they had been gathered.
    "In the meantime, you know how these things go, Dixon.
    Discuss this with no one but me. Act on the assumption that everyone around

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