EPISODE 61: Between Honor & Glory the Law Burns Darkly

26:15Does anybody else find it weird when she knows what we really need, even when we don't? Chalk it up to just one more mystery on the ice. extra sprinkles yeah yeah that's how grandma b used to always do it she put on extra sprinkles anytime when her grandkid just got a whooping her skin knee from playing outside so why don't you go throwing shade at my sprinkles bass marlo you'll get old ass whooping before you go back oh dang it i used the last one on your dumb rear end oh i ain't gonna be off my game the whole rest of the date. See what you did. Thanks, lawman. Gentlemen, maybe we should focus more on the problems at hand?

27:00I don't know. I have a fantastic breakfast. Literally my favorite sitting in front of me. I have the woman I love helping me out and my best friend who I got to slip for my own amusement. Best. I have to say, I'm feeling a lot better already. Whatever, man. My own dang fault. She's been paying a bit of attention. You've got this, Yes, sweetie. All you need to do is keep level-headed. Don't give him an inch, and just be yourself. I'm not sure I know how to be anybody else, exactly. Did Sally really say the President may have to distance himself from you? In not so many words, yes. Yes, she did.

27:37She was there to help. I just don't believe any longer that it was me she was helping. What a bit... Two-Face! All this time she said she was going to be there to help. Well, I know it ain't nothing you believe in, but I'm gonna pray for you if we go back in there. Because I don't want you thinking that only the evil version of the afterlife has your back. I appreciate that, Sprinkles. I'll take whatever I can get right now. You know what? It's gonna be a real small prayer, too. That you get it. Hey, Zeke? Yeah? Seriously, thank you. Yeah, man. Recording stopped. I'm not seeing anything else on the Dream Wax operation or the resulting arrests.

28:20Made yourself very popular that day, Deputy Marshal. I want to go back now to the original investigation that brought you to the South Pole Station. This says you've made an initial arrest in that murder, but that individual was later released. So then Josh Nichols wasn't the original suspect you had arrested for the murder of Dr. Mark Rodney? No, Senator. That was a gentleman named David Brewster. who we later established had been framed by Mr. Nichols when he placed the murder weapon in a crate Mr. Brewster last inspected. According to this, David Brewster is 80 years old. It was your opinion as the Marshal of Note that this elderly gentleman was able to overpower and kill somebody almost 50 years younger than him and 100 pounds heavier.

29:02Evidence and forensics show Dr. Rodney had been bludgeoned from behind. Presumably he was not aware anybody was there and was instantly knocked out. struck in the proper location on the head with sufficient enough force and an object of heft, I assure that it is possible. Even after his defense counsel proved he physically couldn't have been the one who tried to murder you after commencing an investigation of Dr. Roddy murder, that still wasn't enough? Senator, I admit that after later review, while I was confident he wasn't the one who threw the chemical-soaked rag into my room in the attempt on my life, it didn't necessarily also mean he was innocent of the Rodney murder.

29:41Although I will admit the time I began having serious doubts regarding his alleged guilt. So, when the arrest of the proper suspect was made, of Josh Nichols, it was with proper evidence. Yes, Senator. He was caught accessing restricted data and attempting to send it to the Chinese Embassy in Wellington, New Zealand. We set up a trap which we knew the guilty culprit would act upon. Mr. Nichols was apprehended after starting an upload of data as well as having a concealed weapon, which was the same in design and construction as the murder weapon used on Dr. Mark Rodney. Okay. The search, the trap, and the arrest were all authorized with the proper paperwork.

30:21Authorized by my superiors. Yes, Senator. However, because Munson Scott is federally funded complex, the laptops used, federally owned, and the sleeping burrs federally provided, it. There was no requirements to secure or require a search warrant. Well, I suppose we should be happy that one worked out in your favor. So, he was arrested, and you were escorting him back to McMurdo Station to be handed over to U.S. Marshals, who'd take him back to the U.S. for formal sentencing. But your plane crashed en route. The NTSB here says it was a mechanical failure, the bottles that assisted takeoff didn't eject and fell into an engine mid-flight.

30:58Yes, Senator, that was what I was told as well. However, later investigations of mine showed deliberate sabotage to ensure the drugs that had been stowed on the plane were not able to make it to America. Ah, yes. Sabotage by this Chaz Wilford who you shot during a hostage standoff and is in a coma. Also, who the Department of Energy say they've never heard of?

31:24Back to the plane crash. In your report, it says the plane broke in two and the survivor's set to create a rescue plan. Did I include the murder suspect, Josh Nichols, as well? Senator, before, during, and after the crash, Josh Nichols was handcuffed and restrained due to the threat that he had caused. After learning the emergency handheld radio was damaged and with Mr. Nichols being the only one of us who could repair it, I impressed upon him the need to work with us to achieve the rescue. So, you shot him in the arm? No, Senator. I grazed him in the arm to limit the back and forth and secure his cooperation as our fuel supplies to burn wood and stay alive were depleting.

32:03Sorry, I'm sorry. I'm having trouble understanding what I'm reading. Okay. So the plane crashed. Yes, Senator, that is correct. Everybody survived the wreck. Only you sustained any injury. Yes, Senator, that is correct. After the crash, Mr. Nichols was handcuffed and had shackles on. Yes, Senator, that is correct. And you needed his help to repair the emergency radio to effect a rescue. Yes, Senator, that is also correct. So, to encourage his help, I'm sorry, you shot an unarmed handcuffed suspect in the arm. No, Senator, that is not entirely accurate. I continue to stand by my official submitted report, which states I winged him to ensure time, energy, and heat, which we had limited amounts of, weren't wasted on what I assume would be his mind games, in reaching some agreement.

32:55I had four other lives to think about. You shot him in the arm? I'm sorry, I'm sorry, I'm sorry. You pointed your agency-issued firearm at him and nicked his arm to enlist his assistance. Yes, Senator, that is correct. During a high-risk tactical operation, marshals on fugitive task forces, witness protection, or special ops may discharge weapons in scenarios where threats are present but not yet life-threatening. I determined to be this such a scenario. Later, he attacked you and he escaped. Wherein, you pursued him to the ends of the cliff face, estimated to be about 700 feet to the ground below, and he jumped rather than face rearrest.

33:35That is how the events took place, yes, Senator. He jumped in little cold weather protective clothing, no food, no gear, in the middle of winter season, negative 90 degrees off a mountain. Yes, Senator. That too is correct. Oh, jeez. And he disappeared until he was seen nine months later attending the Nobel Awards ceremony on international television? Yes, Senator. I'm not able to explain how that occurred. so we're being asked to vote on a nominee who shot an unarmed man in handcuffs in custody who then escaped not once but twice and beyond all possible odds was wearing an armani tuxedo in stockholm almost a year later mr chairman my time is almost expired so i'll go ahead and yield oh oh sorry deputy marshal what happened to the drugs that had been stowed on the plane you were on in crashed.

34:34Senator, a few months after the crash, the NTSB, accompanied by agents with the DEA and FBI, arrived on scene and discovered there had been a recovery operation by individuals unknown. Mm-hmm. Thank you for enlightening us all, Deputy Marshal Marlow. Mr. Chairman, now I formally yield my remaining time. There will be order in these chambers. All right, here's what's going to happen. I've just been given information which was provided to this committee and pertains to these proceedings. I believe it requires comment from the nominee in this session. However, as we will need time to review this information, as well as several members on this committee have conflicting meetings later today, they must attend.

35:22Now I am suspending this proceeding until 9 a.m. tomorrow morning where we will reconvene. Not only do I want to discuss this new information with you, Deputy Marshal, but also because we still have final closing remarks and proper adjournment to go through. Members of this committee are expected to clear their calendars tomorrow to make this a priority. Been enough dilly-dallying already. Mr. Marlow, we are an adjournment until tomorrow, at which time you'll be called to the stand to help us understand troubling information brought to light on your wife's passing, the investigation afterwards, and support from the Marshal Service sent Sten, after which we'll be more than ready to vote upon the nomination in advance to the Senate.

36:03This meeting is adjourned until 9 a.m. tomorrow.

36:18There was no secret that I was suffering afterwards. And I'm sure there was no shortage of rumors flying around that I was only there due to being Chuck's son-in-law. None of that ever bothered me, and it still doesn't. But I have to believe they know. But you said how you were dealing with your wife's... with Diane and the baby's death wasn't known to anybody other than Chuck and Fiona. As far as I know, there wasn't anybody else aware. Hell, most of those 20 years, I wasn't aware due to my... Somebody must have found out. And regardless if it was 5 or 15 or last week, somebody knows. You're positive nobody the senator's staff would have interviewed about your past would have been aware of your prolonged grief disorder or dissociative coping?

37:06No, I can't be positive anything anymore. Fiona's the only living person I'm sure would have been aware, and she wouldn't have said anything under any circumstances. Okay, let's take a breath here. Just because they want to talk about Diane and the investigation doesn't necessarily mean that they're going to - Wake up already, Kendra. They know, and I'm about to lose it all. Bass, we can fix this. And we'll face it together, all of us. But please don't snap at the people who are trying to help you. Especially me. You're right, Kendra. I'm sorry. I'm sorry about that. I'm sorry for jumping down your throat.

37:47Sorry, Franklin. None of this is that enough. It isn't supposed to be happening this way. What do you mean, Franklin? Hmm? Oh, sorry. I meant that I reviewed all the files and answers Bass gave the Senator Staffers. None of those files or responses would have provided any insight into how Javert here was coping with the loss. Something new happened. Bas, you said at the very end of the questioning some young gopher or staffer came in with a note. Yeah. He, she, they handed it to the Senator Hawks? Yes. What was his reaction? Glee and self-serving delight, I'm sure. No, really. Bas, think. Really think.

38:43You saw him take the note. Read the note. I bet he looked up and looked at you, didn't he? Probably. Franklin... Try! Think back!

38:58He's smirking. Right side of his face. Oh, come on, deputy. You're a trained interrogator. You read human body language and facial expressions better than anyone I know. I've seen you do it. Think. Think back. You can get more than that. He's smirking, like I said. He looks quickly to his left. Over to Senator McKenzie, I think. Licks his upper lip and then looked at me. And this tells you what? Franklin, I'm a little stressed here. I've barely slept. My entire career, my entire life is coming unraveled. If they have what I fear they have, then my actions will have taken down Charlie's legacy that he worked so hard to build, and Fiona will probably be ruined and booted from the FBI.

39:48So, if you know something, just fucking say it. This is why everybody says you're great at reading people, but absolutely shit at poker. Deputy, Bass, he's bluffing. Oh, he suspects, I'm sure. He's putting together a puzzle with no box picture to use as reference. I was watching the entire hearing down here, and even I didn't see it until just now. Franklin? Every time he thought himself or somebody else was tripping you up, he sat stone-faced. He thought they had you for sure, but with the hell of a devilish defense council, we sidestepped. Elegantly, I may add. Franklin! Right, right, right, sorry.

40:33When they thought they had you on shooting to wound Nichols, but you gave them the acceptable exception to the rule. when they thought they might have you on the warrantless search, but you cited exigent circumstances and an understanding of Stiegel versus United States ruling. He licked his upper lip. He thought he had cornered you, but now he wasn't sure. But you're sure, Franklin. You're sure he doesn't have anything. Not a hundred percent sure. No, more like... 98%. Uh, I'm formally declining the nomination and resigning as a U.S. Deputy Marshal. What? You both heard me. It's over. They won.

41:21Tried to fight the system, tried to do what my heart said was the right thing to do, the proper thing. Now I've overstepped, and I've got too confident and too proud. and I forgot how my actions could have consequences on those I love and have lost. Javert, as much as I love the smell of the sin of pride, you can't give up. Sweetheart, I know it looks bad, and... Okay, I know you have emotions, a lot of emotions, around this topic that are still healing and raw, but to throw in the towel to surrender? That isn't the Bass Marlow I know. I've lost. No, you're tired, that's all. You have them on the ropes and they know it.

42:04They're going to the well of desperation with something they were obviously just given, and... You heard Franklin! They're bluffing. Trying to rattle your cage. Stick to the plan. Answer the questions they ask honestly, and use the answers I gave you if you get in a bind. They'll try to trip you up, but I'm willing to bet they have not a damned thing. I'm not willing to make that gamble. I am shit at poker, remember? And I won't gamble with the lives and reputations of anybody else. No. Honey, I... Will you make me a promise? I know for a fact you always keep your promises. Will you make one for me?

42:47What's the promise? Go. Sleep on it. Go back to your birth. Drink. Sleep. Have phenomenal sex. All of the above. Whatever you need to do to relax a bit. Don't make any final decisions until you hear back from me. If afterwards you think this is what you want to do, then okay. But will you promise to give me one chance? My plan B? I promise. Wonderful. Dr. Jennings, as a fellow connoisseur of Verdict Impossible, remember the episode when the cartel drug lord simply wanted to retire from the narcos life and sing opera professionally? What? Not the time, Franklin. Just get him back to your birth.

43:35Plan B is going to take some time to get set up, and I need to start now. I may need right up to the last moment. But, uh, Bass, I've never known you to give up before. I'll be damned if you do so on my watch. Now go. I have a lot of... very long distance calls. to make. I hope I have roaming coverage. You two go. Leave it to me. A lot to do and a little time to do it. Recording stopped. G-SPAN is not federally funded. We are supported by sponsors and cable providers. Our program starts now. Won't you please join us?

44:27Good morning. Today is April 25th, 2023, and I'm Chad Underwood in our Washington, D.C. office for G-SPAN. This is day three of the 118th Congress hearings on the nomination submitted by President Bruce J. Campbell. Specifically, today's session will be a continuation of Supervisory Deputy Marshal Bass Marlowe to become a fully sworn United States Marshal. In a truly unprecedented turn of events, this will be the longest confirmation hearing of any nominee selected to the posting of U.S. Marshal, moving into its second full day after new information was brought into chambers yesterday afternoon and provided to Senator Victor Hawks.

45:05Indeed, the entire schedule for today has been revised in preparation for another day of testimony. After initial comments from the chairman, a witness will be called into the chamber to provide their information after being issued a subpoena. Obviously, this has resulted in even more public and media interest, making headline news last evening and into today's morning programs. Viewership, already at record highs, is now expected to double. Indeed, it could be said that the eyes of the world are focused on Capitol Hill. I'll be sitting right over here, sweetheart, right out of the camera view.

45:38Whatever you decide, whatever you feel is the proper thing, I hope you know I'll support you and will always love you. Regardless of if it's staying here or leaving the station, We do it together. I got an email earlier. They rearranged the docket for today. Just like the G-SPAN guy said, they're going to bring somebody in to testify. Not only are they opening another round of questions, but it looks like they've found somebody who knows the truth about Chuck and Fiona's support of me and how I dealt with Diana and the baby. They really stacked the deck against me today. Not taking any chances.

46:13Does Franklin have anything yet? Well, I went down there an hour ago to check, and he was frantically working on something in there, but he told me he'd let me know when everything was set. Honey, they're about to start. I think we're officially... Oh, man! They told me... be the one... tell you... damn, I'm out of shape. Zeke, buddy, kind of in the middle of my life ending. No, no, no, no, man. No. Look bass, you need to trust Franklin. What? I know, I know right? They said if you heard that from me, you know it's serious. Don't do nothing dumb. We got you man. Turning on telecomper's camera in 3...

47:12Oh snap! 2... I gotta go. Yeah, I gotta do some more running. Supervisory Deputy U.S. Marshal Bass Marlow has appeared on screen in chambers, looking more confused, really, than confident at first glance. Honey, honey, game face. Today will be a true test of his abilities to win over the lawmakers, as yesterday's session had the deputy marshal answering very rough questions and being on the defensive. By the sound of the senators at the conclusion of yesterday, it would seem today will be more of the same. Senator Hawks and the committee are being shown in and taking their places. We're also hearing something of a gathering as started outside the Senate building where supporters of Deputy Marlowe have gathered to show their support.

47:53The chairman is calling the session to order. Let's listen in. All right, all right, let us come to order, people. Again, I want to remind the gallery. Members of the press, the minutes we're in the room. This is time for acting up. I want order and a quorum. I want you to act like you are in a church, not the state fair. Okay? Good morning, Ranking Member Tillis, members of the committee. Thank you for ensuring we had time for today's proceedings. This is continuing the nomination review with Supervisor Deputy Bass Wyatt Marlowe, United States Marshal, to a marshal position. I want to thank you, Marlowe, for returning.

48:36Thank you to the members of this committee who burned the midnight oil last night to get today's schedule shuffled around and up to and including Pristine's after nominee Marlowe's session. Today should be quite an interesting day. We're going to be digging into some truths that might be hard to hear. People go to sea and even harder to swallow. But I have every confidence that by the end of today's hearing we'll have the proper and just outcome. Now, ranking member Tillis, being on the other side of the political aisle, I'm sure you prepared open remarks of your own in regard to the nominee. Senator Tillis.

49:15Thank you, Mr. Chairman. And I also thank you, Mr. Marlow, for returning today. It is my hope that I get to meet you in person one day, young man. Thank you, Mr. Chairman. And with that, I yield the rest of my time.

49:32I just got done telling you people to keep it zipped. Senator Tillis, are you sure those are the words that you want on the record? Yes, Mr. Chairman. That is my intent. All right, then. As you want it. We might actually make lunch on time today, after all. Moving ahead, we have our witness who will be...

50:04Oh, we're on? We're on now? Oh, splendid. Good morning, Mr. Chairman, distinguished members of the Judiciary Committee. I understand I've been asked to testify today regarding the nomination of Supervisory Deputy Marshal Bass Wyatt Marlow. But first, let's acknowledge the elephant in the room. Or rather, the cat on the screen. It seems my Zoom call has decided to embellish my appearance with this curious little filter. I have tried quite sincerely to remove it, and yet some masks refuse to come off. Now, before anyone grows concerned, let me offer this reassurance. I am, despite appearances, not a pussy.

50:51This is completely unacceptable, and outside a protocol. Point of procedure, Mr. Chairman. Senator Buxton. Mr. Chairman, I direct your attention to the approved schedule. The individual before us is Mr. Cohen, attorney at law. I will send information that Mr. Cohen has information important and germane to these hearings. His extensive knowledge of information in cases the nominee has been asked and responded to, including cases he worked directly with Supervisory Deputy Marshal Mollo. Thus, it makes his testimony both relevant and necessary. I want that mask he's got there removed immediately.

51:36Get it off. Oh, Mr. Chairman, some things cannot be undone. But I assure you, we are doing everything possible to get this pussy off my face. I will remind you where you are, Counselor. You want to testify? Fine. But we are swearing you in now. You solemnly swear that the testimony you will give before this committee on the judiciary of the United States Senate will be the truth, the whole truth, and nothing but the truth, so help you God. Mr. Chairman, I always tell the truth. It's just that I know far more of it than others. I do so swear. This really is Franklin's time to shine. All right. Before us is a Franklin Cohen.

52:32Defense, counsel, license to practice. What the hell are you doing back here? Very good, Mr. Chairman. Such an appropriate pun of a question. You know why I'm here. but if we must put on a show, let's at least go through the motions, shall we? I am here because I was asked, and when old, old friends need a word, I find it... unwise to ignore them. Besides, it's been so long since we've all had a proper chat. To answer your question, I am here as a character witness for Deputy Marshal Bass Marlow. Who subpoenaed you? Subpoenaed? Oh, no, no, no, no, no. That would have required formal service, which is quite impossible given that I'm at the same remote station as Deputy Marshal Marlow.

53:29Instead, I received a kind and irresistible request from none other than the Senator Zuri Buxton after my urgent email to her. So generous, really. Zuri, if I'm not mistaken, I do believe that is the Swahili word for beautiful. Love the power dress suit, Senator Buxton. Very Meryl Streep, devil-wears-prada vibe you've pulled off. Kudos to Yudos, Madam Senator. And what exactly you wish to testify to, Counselor? Ah, finally, we arrive at Franklin's time to shine! I have known Deputy Marshal Marlow since his arrival on this station two years ago. In my capacity as legal counsel and, let's call it what it is, a humble purveyor of order, I assisted in the investigation and eventual arrest of one Mr.

54:25Joshua Nichols, who, as you well know, was responsible for the first homicide on this continent. The first stain of non-so-proverbial blood on the ice, as it were. Of course, I also worked alongside Marlow in dismantling the designer drug pipeline flowing through this research facility. You remember that, don't you, Mr. Chairman? Good senators of this committee, the voters whom you represent, more so than at any point in time in this nation, are looking for their better angels. I happen to know a few things about angels. They don't dwell in the heavens above. They won't be found in storybooks or in theaters or television.

55:11They walk amongst you. You have a prime example testifying here before you in these chambers. Supervisory Deputy U.S. Marshal Bassmarlow is one of those individuals. A gentleman who is utterly beyond reproach. Franklin, what is your game? Oh, Jerry, you never change. I do enjoy a good game. A game of chance, of wits, of careful stakes. But what I do not enjoy is when the house is rigged. When the cards were marked before the hand was even dealt. And when that happens, you don't play the hand. Goodness gracious, no. You change the dealer. Ah, but yes, let's talk about games, shall we? Tempe, Arizona, 1970s.

56:08Senator Rockwell, I assure you, Deputy Marshal has never frequented those establishments. Poplar Bluff, Missouri. Senator Kitchener, no such shady real estate deals with bilking partners in his property portfolio. Ah, Missouri? Dreadful place. Uh, foreign donations tucked into neat little offshore accounts? Senator Newcomb, I can personally confirm Marlowe's books are cleaner than others. And Phuket, Thailand? Senator Winston? You won't find young, underage lads in seedy hotels from Bass Marlowe's history. No, esteemed members of this committee. There are no dead bodies in his closet or under a summer home in the Hamptons.

57:04Nope. Now, how about yours? That. Ah, and there it is. That feeling. The moment a person realizes they are well and truly seen. so oh shall we continue or would you rather discuss the real matters before us what's the problem senators does my avatar have your tongue oh my my this is fun a regular barrel of hairless apes or is the same monkeys i always forget No matter. So, any more questions for me? Mr. Chairman, according to the day's agenda, it appears you had information to provide regarding the nominee's history. I'd like to suggest we forego that and move on to a formal vote. Seconded. You cannot second a motion, Counselor.

58:17However, I can and happily do. I second. Motion on the floor and second it is to proceed direct to a vote. Does anybody want to say any closing words? Mr. Chairman. Big surprise, Senator Buxton. Mr. Chairman, ranking member and colleagues of this committee, I rise today to speak plainly because the people I represent don't have time for political games or self-servant theatrics. We are not here to put on a show. We are here to determine whether Supervisory Deputy U.S. Marshal Bass Wyatt Marlowe is the right man to carry the badge and the burden of service in our nation's 95th District. Now, let's get something straight.

59:04This nominee ain't some paper pusher looking for a promotion. Deputy Marlowe is the ICE sheriff, known across this country and across the globe for putting his life on the line when most folks would have turned away. He didn't just crack a case. He dismantled the so-called Chinese Dream Pipeline, shutting down billions, and let me say that again, billions in poison headed for our streets. He has stared down fugitives, traffickers, hostage takers, and terrorists. And time and time again, he brought people home safe. Colleagues, I listened as some here tried to twist his actions to take honorable service and turn it into scandal.

59:50They want to harp on a five-minute window between a warrant and an extension entry, or reduce his sacrifice in the South Pole plane crash to a footnote. But I want you to hear what the American people already know. Bass Marlowe didn't wait on comfort. He didn't wait on politics. he acted. He protected lives. And when it meant putting his own body, his own reputation, on the line, he did it anyway. I also took note, Mr. Chairman, that when pressed on whether he thought himself worthy of this honor, Bass Marlow didn't puff out his chest or polish his medals. He simply said, I'll let my record speak for itself.

1:00:35That humility, that groundness, paired with the most decorated service record before this committee today. That is exactly the kind of leadership this country is crying out for. And let's be real, the public already sees it. They see a man who cannot be rattled by gotcha questions or partisan baiting. They see someone who embodies the principle that law enforcement isn't about ego. It's about trust. That's why people packed into these hearings. That's why they call him the ICE sheriff, because he is steady, he is fair, and he is unflinching. So my colleagues may posture, they may bluster, but when the dust settles, the truth stands.

1:01:24Supervisory Deputy Marshal Bass Wyatt Marlowe is not just qualified. He is the very model of what a United States Marshal should be. I urge this committee to do right by the people, do right by the badge, and advance his nomination without delay. Thank you, Mr. Chairman. I yield. Great. We'll move to voice a vote. All those approving the nomination say aye. Aye. Aye. Aye. Aye. Those opposed, say nay. Any abstentions?

1:02:08Now I'm going to need carries by unanimous vote. None again and no abstentions. We're adjourned.

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