Title 7A WF 92135

Author: GEM

Date: 2-8-13

Pairing: Olivia/Fitz

Rating: T

Summary: Every decision we make influences our lives. Fitzgerald Grant never thought one of the most important people in this life would ever become a number. Someone close to the President has been kidnapped. Will they be found before it's too late? Will Olivia be able to save Fitz from himself? Warning: Dark and Angsty Fic ahead. Read and Review

Disclaimer: Scandal is Property of Shonda Rimes and ABC et al. Some lines also taken from The West Wing and Aaron Sorkin et al for the purposes of this story.

A/N: This story has nothing to do with House of Cards. This is a completely different ball game. For the purposes of this story we shall say the last night's episode of Scandal while brilliant hasn't happened yet. America's baby never happened.

Chapter 1: How we got here

The moment was here. They had made it all the way to the Supreme Court, a lawyers dream, he had argued the case and now it was time to hear his client's fate. Jeff Johnson held his breathe as the Chief Justice handed down the decision. He was hopeful that his twenty-nine year old client would not have to face the end of his young yet misguided life.

"Assuming that the district court erred in allowing the jury to consider non-statutory factors that were vague, overbroad or duplicative in violation of the eighth amendment such error was harmless beyond a reasonable doubt. The application for a stay of execution of the sentence of death, presented to the Chief Justice and referred by him to the court, is denied. The petition for a writ of certiorari is denied. The petitioner is remanded to the federal facility in Terre Haute, Indiana, to be executed by lethal injection, Monday morning at 12:01 a.m."

OOO

Olivia hadn't seen Fitz for a couple of weeks. He was off in Austria at the U.S./ E.U. summit. She had talked to him a couple of times and was contently watching his remarks from Vienna on the news. Olivia was interrupted by the ringing telephone. A part of her wished it was Fitz but she knew it would be too late for him to call now.

"Hello."

"Liv, we have incoming the appeal was denied."

"Harrison, No, I'll be there in ten minutes," Olivia turned off her TV, "but my answer is still no Harrison."

OOO

Lesley McGarry thought she was dreaming. The phone in her room was ringing. She woke up slowly trying to convince herself that she was hearing things. It was two in the morning. She reached for her phone struggling to find it in the dark. The display read Cyrus . She fumbled with the phone. "Do you know what time it is over here? Someone better be dead?"

"Hi, Hello, How are you?"

"I'm exhausted Cy, next time you can do the summit. What's happening?"

"They denied the appeal 5-3. "

Lesley was now sitting up in bed. "We need to fill Williams' seat."

"Then we would have lost 5-4."

"Fair point. So they sent it back to the tenth circuit?"

"No, the execution is scheduled for 12:01 Monday morning.

Lesley was fully awake now. "The ball's in our court."

"I'm not sure I want the ball in our court."

"I'm with you on that. I guess we'll have to come up with a reason to extent our trip."

"Yeah, I think that's what we have to do. How's he doing."

" He is ticking again Cy. I'm not sure he'll last over here."

"If I could find away to..."

"I know. I would too. I'll brief him on the situation in the morning. "

OOO

Jeff walked through the halls of the Supreme Court. His team of lawyers brainstorming about the next move.

"Do we have anybody at the White House?"

Jeff stopped walking and looked at his watch. It was eight O'clock. "I might have someone. You guys go back to the hotel. This is my fight now. You've all done well. I have to bring this one home on my own."

Jeff's partner Kevin Mason stepped forward. "I may have someone that can help us. I'll see you all at the hotel. Jeff, let me see if my contact can help us. She has the ear of White House."

"I know someone who has the ear of the President, so see if you can work your magic Kevin. I don't know if I can get to my contact. I'm not willing to have seven years of appeals end like this."

OOO

Kevin looked around at the group nervously. "Do you know when she's going to get here? I'm kind of working on borrowed time here. If she's not going to help me. I need to have my partner work other avenues."

Harrison, Huck, Abby and Quinn just looked at him. Olivia walked down the hall toward the conference room with purpose. "You can't take no for an answer, can you?"

"Olivia." Kevin stood up and Olivia walked over to him like a woman on a mission

"Don't Olivia me Kevin Mason. My answer is still the same as the one you got last week. N-O. You do know what that spells right?

"My client's mother is heartbroken and in less than forty-eight hours her son is going to die unless you help us. "

"Your client killed three federal agents. He was involved in drug and human trafficking. He kidnapped, used and probably killed who know how many women as young as thirteen years old. "

Olivia looked at her team and then back at Kevin. "We are not a lobbying firm. We do not have the ear of the President of the United States. We don't have any interest in saving your client. Olivia stepped into Kevin's personal space. "Now get the hell out of our office .

OOO

Jeff read the text from Kevin a second time. He's plan had failed. The ball was in his court now. Jeff needed to get Mellie Grant to listen and hope that she would see that his client was just a misguided kid who deserved a second chance. He dialed the number, a number he had spent the last week memorizing for just this occasion. She picked up the line on the third ring. "Hello."

"Mellie?"

"Who is this? How did you get this number?"

" Jeff Johnson."

"Jeff Johnson? " Mellie smiled. When she had ran into him last week on the National Mall she never imagined she would be hearing for him so soon. Mellie sat down on the couch and looked out the window. "It's nice to hear from you so soon. I take it you called to catch up."

"I don't need to catch up on much. You're national news being First Lady and all. You are still as beautiful as ever. " Mellie blushed thankful Jeff couldn't see her over the phone. She forgot how charming Jeff Johnson could be. "I would actually like to tell you a story. If you have the time."

"Of course I have time, what else is a girl to do when her husband is out of the country."

"He's out of the country?" Jeff's heart sank. This may be harder than he thought. "I really need your help Mellie."

OOO

The phone rang again, it was now five in the morning and Lesley was about ready to give up on sleep. She looked at her phone again. This time it was Olivia.

"Hey Liv."

"You don't sound tired at all?" Lesley could hear Liv laughing in the background.

"Cy woke me three hours ago when the decision came down. I have to brief Fitz in a couple of hours."

"He can't commute this guy."

Lesley stood up and walked over to the sliding door in her hotel room. "I know. He does too."

"They wanted me to Lobby for this guy to Fitz."

"His lawyers?"

"Yeah."

"No kidding. "

"No kidding, Do you have everything you need to brief him?"

"Yes, Maxwell Stanton, age twenty-nine, was nineteen when he killed two DEA agents on the Texas border. He was also involved in the sexual assault of at least seven girls and women between the ages of fifteen and nineteen. He was convicted of all of these crimes as well as using the girls in a prostitution and drug trafficking ring. He killed a ICE agent while resisting arrest. Maxwell was tried by the US attorney's office which makes it our problem for today."

Olivia leaned back on the couch in her office. "I'll give you the same piece of advice I gave Cyrus.

Lesley smiled as she and Liv said the words at the same time. "Keep him out of country."

Lesley smiled looking at clock near her bed. "I'll brief him but I'll tell you something. Vienna is beautiful this time of year. "

"How is he?"

Lesley could hear the desperation in Olivia voice."He's doing well in the public eye. In privative if you know him like we all know him. He's ticking Liv. He needs you. It might help if you could call this morning. I'll text you when I done with the meeting."

"I'll see what I can do."

OOO

Lesley smiled at the two agents standing outside the President's door. She could hear that he was in a rather heated discussion with the First Lady. Lesley looked at Tom. "How long has that been going on?"

Tom looked at his watch. "About fifteen minutes."

Lesley smirked. " Leave it to Mellie. Do you think we should save him from the Wicked Witch?" Lesley leaned against the wall and waited.

OOO

"Mellie!" Fitz was pacing the room. He knew by now that Lesley was probably outside the door waiting to see him. "Mellie you are First Lady you don't get to dictate policy to me. I can't commute this guy no matter how many times you screwed Jeff Johnson in Law School. I know you think you can affect policy but you don't get to do that. You're ornamental not functional. We are done having this conversation. I have meeting I need to get to.

"Fitz, Jeff is convinced this guy Stanton didn't do this things! It's been ten years isn't there DNA evidence that can be tested now. "

"Yes, Mellie there is and in fact from what Cy told me this morning. It's been tested and re-tested. This guy is not the good guy his lawyers are making him out to be."

"I'm just saying you are pro-life Fitz. You can't kill someone just because he made a mistake when he was nineteen. "

"Are you listening to yourself right now? Did you go to law school with me? Did you take the same classes because right now you aren't making any sense at all. I have to go now." Fitz hung up the phone and ran his hand through his hair. He really needed Livvie right now. "Lesley, come in please."

Lesley entered the room. "Good morning Mr. President."

"Is it good? My wife just spent the last twenty minutes lobbying me to commute the sentence of a murderous sex trafficking drug lord. I don't think it's that good."

Lesley sat down on the couch across from the chair he finally sat in. "I guess when you put it that way. I have the briefing book on Stanton but it sounds like you're up to speed."

"I got the long version from Mellie, but most of it was being screamed at me so let's go over it again.

Lesley opened the folder and handed it to the President " Maxwell Stanton, age twenty-nine, was nineteen when he killed two DEA agents on the Texas border. He was also involved in the sexual assault of at least seven girls and women between the ages of fifteen and nineteen. He was convicted of all of these crimes as well as using the girls in a prostitution and drug trafficking ring. He killed a ICE agent while resisting arrest."

"He was nineteen when he did this? Are we sure he shot these agents?"

"Yes, sir, look at page two you'll see the crime lab reports used in his trial. He was a fairly inexperienced gunman at the time he shot the DEA agents. CSI found skin in the slide of the gun from the kickback. "

"He had assaulted and killed the girls he was using in the drug ring before that?"

"They were stabbed. Turns out the sick bastard was better with a knife."

Lesley watched as the President threw the folder on the coffee table. " We are sure everything is in order. All appeals were exhausted all the evidence was solid."

"Yes, sir. There is absolutely no doubt. This guy has had ten years worth of appeals."

Fitz nodded his head. He need to talk to Livvie. "I hope you like it here in Vienna because we're staying for a couple more days."

"I love Vienna. Thank you, Mr. President." Lesley said as she watched the many expressions of Fitz's internal struggle. She stepped out of the room and sent Liv a text. In Vienna until Monday Morning post 12:01, call now.

OOO

Olivia dialed his number and waited. Fitz finally picked up on the second ring. "Livvie." She could hear the uncertainty in his voice.

"You're doing the right thing."

"I'm pro life." He knew the argument was weak. There really was no argument it was just the first thing that came to his mind.

"He's a monster, who killed girls only a few years older than Karen. He killed three Federal Agents. Stay in Vienna, think of me, enjoy the view from your suite and the food. Think about our last visit to that wonderful city "

Olivia voice had that sultry tone he love so much. Fitz smiled thinking back to a time only a couple of months into his presidency when they were in this very city together, without Mellie. "I still have two more meeting in conjunction with the summit."

"Those will keep your mind of the craziness." Liv could hear him relax as she talked to him. "I hate when you're away. I find it so hard to get through the day without you. I look at you when you come on the news and all I think about your lips on mine and your arms wrapped around me. "

Fitz closed his eyes and let her voice wash over him. He moaned into the phone. "Liv, you are killing me. I can't have you...you're not here but your torturing me sweet baby."

Liv smiled. "It's torture not having you here with me."

"You get me Liv. You're not like her. You don't push me to do things I can't. She called me you know, this morning. She was lobbying for the lawyers. The lead guy went to law school with us."

"Oh, Fitz."

"I'm okay, I know how to handle my wife you taught me well."

Fitz could hear Olivia laughing over the phone and it made him smile. "I guess I did. I have to go now, I'll see you on Monday?"

"I hope so. I love you, sweet baby."

OOO

Jeff Johnson sat in the viewing room waiting and watching Max's mother was crying already it was going to be a very long night. He failed her son, Olivia and Mellie failed him and the President of the United States stayed out of the country so he wouldn't have to deal with them.

The curtain surrounding the viewers opened and Jeff looked on with everyone else. He did everything he could for this kid but it wasn't enough. He watched as Max lived out the last four torturous minutes of his life. He watched his mother and brother scream, pray and even beg for a call a call that Jeff knew would never come.

When it was over he heard Max's family vow revenge over the death of their son and brother. Why would seek revenge for a man like this How would a person seek that revenge? The mere thought of someone seeking revenge over an execution sent chills down his back.