Disclaimers: None of this is mine
A/N: Everything will be in local time instead of zulu.
A/N 2: I'm not a lawyer. The legal strategies used in this story wouldn't hold up in the real world. Take them with a grain of salt and humor me.

0930 local time
JAG Headquarters
Falls Church, Virginia

"Hold up a minute Bud." Harm said, stopping Bud before he could follow Jen into the courtroom. "If Judge Morris doesn't go for this, I want to take full responsibility for everything. Say I pressured her into it or something."

Harm noticed Bud fighting to keep a straight face, the corners of his mouth starting to curve upward despite his best efforts. "I'm serious Bud."

"I know you are sir. It's just...Petty Officer Coates said almost the exact same thing to me this morning." Bud paused for a second. "Except I believe she used the word seduce."

Bud started walking again, passing through the double doors and entering the courtroom. In his shock, Harm followed without thinking. He'd suspected Jen was a little uncertain about whether their strategy would actually work but he hadn't realized she was concerned enough to come up with her own backup plan. He was touched that she was trying to protect him, with no thought to herself or the consequences. And it made him even more certain he would do everything he could to make sure she didn't have to. He grabbed Bud's arm, stopping him before he could move any further into the courtroom.

"I don't care what she said Bud..." Harm trailed off, looking over at the defense table where Jen was sitting. Turned slightly in her chair, she watched them, a questioning look on her face. Harm turned back to Bud. "Don't make me make it an order Lieutenant."

Bud too looked over at the defense table for a moment before looking back at Harm and nodding. "Yes sir."

Jen watched Harm and Lieutenant Roberts talking just inside the courtroom. They were still far enough away, and speaking quietly enough, that she couldn't hear what they were saying. But she had recognized the determined set to his jaw when Harm looked over at her and knew that whatever it was, Harm had made up his mind about it. And from Lieutenant Roberts' unhappy expression she suddenly had a good idea of just what that was.

When they finally approached the defense table, Jen looked up at them, a question on her face. Lieutenant Roberts wouldn't look her in the eye though and Harm just shook his head slightly as he sat down next to her, no doubt hoping she wouldn't press the issue. The look she gave him told him it was a futile hope but before she could open her mouth the bailiff spoke up.

"All rise."

Everyone in the courtroom stood as Admiral Morris entered and took his seat.

"You may be seated."

Jen sat back down, along with everyone else in the courtroom. She smoothed her skirt down, suddenly nervous. Under cover of the table, Harm reached over and took her hand for a second, giving it a reassuring squeeze before letting go.

Admiral Morris looked first at Commander Turner, seated at the prosecution's table, then over at the defense. "Are you ready to proceed?"

"I am Your Honor." Sturgis said.

"We are Your Honor." Bud echoed.

"Very well." Admiral Morris nodded for Commander Turner to begin.

Here we go.
Harm thought, watching as Sturgis stood and moved around the prosecution's table.

"If it pleases the court, the government wishes-"

"Your Honor," Bud said, standing up. "The defense moves that the testimony Petty Officer Coates gave during Commander Rabb's court martial be ruled as inadmissible."

"Inadmissible? On what grounds?"

"Commander." Admiral Morris gave him a warning look before looking toward Bud. One eyebrow rose. "Well Lieutenant?"

"On the grounds that Petty Officer Coates was never informed of her Article 31 rights before being compelled to provide self-incriminating testimony Your Honor. And an attempt to end that line of questioning before her answers became self-incriminating were overruled." bud handed a copy of the relevant portion of the transcripts to the bailiff, who in turn gave it to Judge Morris.

While Bud had been speaking, Sturgis had moved back over to his table and started skimming through his own copy of the court martial transcripts. Now he spoke up. "Your Honor, the attempt Lieutenant Roberts is referring to was Commander Rabb's own objection. And objection motivated more by a desire to keep their affair a secret than by any desire to protect the Petty Officer's Article 31 rights."

"Alleged affair." Bud said, turning to face Sturgis. "And whatever his motivation might have been, it doesn't change the fact-"

Bang

"Gentlemen, enough."

Admiral Morris took a minute to read through the transcripts. Jen found herself holding her breath as she waited for him to make his ruling. This decision was the lynch pin to their whole defense. If it went against them...She glanced over at Harm, the bunched up muscles in his jaw the only sign of the tension he was feeling. Finally Admiral Morris looked back up.

"Commander Turner, the defense has a valid point. Even leaving aside the issue of Commander Rabb's objection, the fact remains that Petty Officer Coates was not informed of her Article 31 rights. And that makes her testimony inadmissible in these proceedings. Defense motion approved."

"Thank you Your Honor." Bud said, sitting back down.

"Move along Commander."

"Yes Your Honor." Sturgis glanced down at his notes for a moment before continuing. "Your Honor, the government wishes to call-"

"Your Honor," again Bud interrupted Sturgis. "Based on the inadmissibility of Petty Officer Coates' confession, the defense would move that all evidence obtained, and any witnesses found, as a direct result of that confession likewise be thrown out due to the fact that they are-"

"Fruit of the poisonous tree." Sturgis finished for Bud, the words coming out in a monotone voice. He dropped back down into his chair, looking more than a little dazed.

Bud looked from Commander Turner to Admiral Morris, a self-satisfied look on his face. "Exactly Your Honor." He said matter-of-factly.

"Very well. Motion approved." Admiral Morris looked over at Sturgis. "Commander Turner, do you have any evidence to present that is independent of Petty Officer Coates' testimony?"

Sturgis sighed. "No Your Honor, I'm afraid I don't."

"Very well. Will the defense please rise."

At the defense table, Bud, Harm, and Jen all rose and stood at attention.

Admiral Morris looked at Harm and Jen for a minute before speaking. "Despite my personal belief that these allegations are true, the lack of admissible evidence leaves me no choice but to dismiss the charges. You are free to return to duty. Court is adjourn."

Bang

Harm released the breath he hadn't realized he'd been holding. He turned towards Jen but something in her body language warns him to let her be. He turned to Bud as around them the courtroom started to clear out. Already whispering about the outcome was starting, but Harm ignored it.

"Thanks Bud." They shook hands but before Bud could respond Sturgis came up behind them.

"Nicely played Lieutenant. Congratulations." He nodded towards Harm and Jen. "Harm, Coates."

Bud turned around to face Sturgis. "Thank you sir. I can't take all the credit though. The Commander actually came up with the strategy."

"Really." Sturgis said, his eyebrows raising. "I guess that explains why you refused to answer any of my questions, even though you'd already confessed to everything in open court."

"Yes sir." Jen said, not quite meeting his gaze.

"I just have one question then." Sturgis looked Harm in the eye. "Was this always the plan if you two were caught or were you making it up as you went along Harm?"

"I was flying by the seat of my pants the whole time buddy."

"Hmm." Sturgis nodded. He moved towards the double doors, the last one to do so, leaving the three of them alone in the courtroom.

"Thank you sir." Jen said, finally speaking up. She hesitated a moment before continuing. "Do you think the Commander and I could have a moment alone sir?"

Bud gave them a look. "You aren't going to do something...actionable are you?"

"No sir."

Bud looked at them for a moment longer then nodded and headed out of the courtroom.

Once he was gone, Jen turned away from Harm, her arms wrapped around her waist, hugging herself. She'd practiced saying this all last night but if she had to look at him she didn't think she would be able to get through it. "It's over sir."

Harm laid his hand on her shoulder. "Yeah. I told you everything would be okay."

Jen pulled away from him. "Not this." She waved her hand to indicate the room they stood in. Then, despite her resolve not to, she turned to face him. Another hand gesture took in the two of them. "This."

Harm froze as he realized what she meant. "What?"

"Did you really think that if we were able to beat the charges everything would go back to the way it was?"

Harm sighed. His shoulders slumped. "I guess I was just so focused on trying to find a way to get to this point that I really didn't think about what would happen after. But that doesn't mean-"

"Yes, it does." Jen interrupted him. "I almost got you convicted of murder, and in the process I've probably sunk your career. I can't..." Tears start to fall and Jen paused, one hand pressed to her mouth, trying to compose herself enough to continue.

"Jen don't." Harm takes a step towards her, stopping when she backed away from him. "It was my choice too, remember? We'll figure something out, okay. We'll make this work..."

Jen shook her head. "We've been trying to figure something out for months...I've already talked to the Admiral, and pending the outcome of the hearing he already approved my request for transfer to a new duty station."

"Jen." This can't be happening. After everything we've been through...Harm tried one last time to get through to her, the only thing that might change her mind. "Jen, I love you."

Jen took a step, closing the last little bit of distance between the two of them. She put her hands on either side of his face and kissed him. Harm could taste the salt from her tears on her lips. A moment later she pulled back, pressing one last, quick kiss to his lips before letting go.

"I'm sorry." The tears were flowing freely now. "Goodbye Harm."

Jen turned and all but fled from the courtroom, leaving Harm standing there all alone.