Fate, Federal Court, Moon

Anne Carson

The fate of the earth. The fate of me. The fate of you. The fate of Faisal. The fate of the court where Faisal will plead his case. The fate of the court’s bias. Every court has a bias. It sifts to the surface gradually. The fate of whomever we drink to after court. The fate of that branch of mathematics that deals with ‘dead-end depth’. The fate of Yemen where Faisal will probably never return. The fate of the engineering job Faisal had in Yemen before the events in question. The fate of the ‘simple random walk’ and its difference from the ‘homesick random walk’, concepts from a mathematics textbook I read once about dead-end depth. The fate of Montreal where Faisal lives now. The fate of his family, the ones still alive, back in Yemen and the fate of the bridal couple, still alive, whose wedding was the target of the drone pilot (a mistake). The fate of the others, not still alive (a mistake). The fate of the moon that rose over us as we drove through the mountains of Pennsylvania to be present at Faisal’s day in court. The fate of the silveriness of the moon that no words can ever describe. The fate of the bright sleepless night. The fate of our phones, which we decide to take to the courthouse at 9 a.m. and relinquish at the door. The fate of two guys doing a job interview in the cafeteria where we stop for coffee on the way to courtroom 31. Been around the block, says one guy. Army does the billing, says the other guy. The fate of so many men in suits and ties. The fate of being lost in marble corridors. The fate of being much too early at courtroom 31. The fate of the knot of lawyers who surround Faisal as he enters in a new suit. The fate of congratulating him on his new suit. The fate of his smile. His smile is great. The fate of the numerous clerks who pour glasses of water for the judges and generally fuss around. The fate of the appellant whose case precedes Faisal’s, which concerns a warrant ‘so lacking in probable cause’ that [something to do with ‘Garcia’] [something to do with gangs and ‘a constitutional path’]. The fate of the pearls worn by Judge Dillard, who sits on the far right of the bench, which curve like teeth below her actual teeth. The fate of straining to hear what Faisal’s lawyer, with his back to us, says to the judges. The fate of him perhaps saying that the government is asking the court to refrain from judging, asking the court to step back without knowing what it is stepping back from. The fate of proportionality, a matter of context. The fate of what is or is not a political question. The fate of the precedent called ‘al Shifa’, with which everyone seems familiar. The fate of a publicly acknowledged programme of targeting people who might be a danger to us. The fate of inscrutable acronyms. The fate of me totally losing the thread of the argument as we distinguish ‘merits’ from ‘standing’. The fate of what Faisal is seeking, which is now given as ‘declaratory relief’ (new phrase to me). The fate of ‘plaintiffs who have no chance of being harmed in the future due to being deceased’, a wording that gives pause. The fate of how all this may depend on her pearls, her teeth. The fate of the sentence, ‘We are really sorry, we made a mistake,’ which Judge Dillard utters in a hypothetical context but still it’s good to hear. The fate of the government lawyer who is blonde and talks too fast, using ‘jurisdictional’ many times and adding ‘as the relief sought is unavailable’. The fate of wondering why it is unavailable to say, ‘Sorry’. The fate of Judge Dillard’s invitation to the government lawyer to tell the plaintiff how he might ‘exhaust all administrative avenues of redress’, as the government claims he should have done before bringing this case. ‘Where would he go?’ Judge Dillard asks with apparent honest curiosity. ‘If you were he, where would you go?’ The fate of our bewildered conversation afterwards about why she said this, whose side she is on, what she expects Faisal’s lawyers to do with it now. The fate of the tuna sandwiches eaten with Faisal while debating this. The fate of his quietness while others talk. The fate of his smile, which seems to invite the soul, centuries ago. Serving tea, let’s say, to guests. The moon above them. Joy. The fate of disinterestedness, of joy, of what would Kant say, of not understanding what kind of thing the law is anyway, for example in its similarity to mathematics, for they both pretend to perfect objectivity but objectivity is a matter of wording and words can be, well, a mistake. The fate of the many thoughts that go on in Faisal when he is quiet, or the few thoughts, how would I know? The fate of the deep sea diver that he resembles, isolated, adrift. The fate of him back in his kitchen in Montreal next week or next year, sitting on a chair or standing at the window, the moon by then perhaps a thin cry, perhaps gone. The fate of simplicity, of randomness, of homesickness, of dead ends, of souls. Who can say how silvery it was? Where would he go? Sorry?