Note: This is set mid-season 4 and based on moments from 4.02 Escaped and 9.07 Devil's Triangle (500 words)

SPOILERS: for season 4 and episode 9.07 Devil's Triangle

Who Knew What When

Fornell walked off the elevator and over to Gibbs' desk. He held up the folder he was carrying and said, "I've got the file your boss requested from my boss."

Gibbs held out his hand to take the file, but Fornell pulled it back. "Oh, no," he said. "You're allowed to read it but I maintain physical custody."

Gibbs raised an eyebrow, but Fornell waited him out. With a head tilt, Gibbs indicated the nearby empty desk. "Grab a chair," he said.

Fornell shook his head. "This is a little cramped," he said. "Isn't there a conference room upstairs where we could spread out?"

"Are you on some sort of power trip today, Tobias?" Gibbs responded.

"Considering I'm the one making a service call, I'm a little hurt, Jethro," Fornell said, then asked, "Upstairs?"

Gibbs made an after-you gesture and the two men climbed the stairs. Once inside the conference room, Gibbs asked Fornell, "Well?"

Fornell slid the file across the table toward Gibbs. "So, Diane knew," he said. "She told me."

Gibbs looked up from the file he'd already opened. Confused, he asked, "About Petty Officer Wilson?"

"About your family, your first wife," Fornell clarified.

"Well, yeah, we lived in the same house, Tobias," Gibbs replied. "Geez, what did you two do? Have a telephone gossip session?"

"No! It wasn't on the phone. She was picking up Emily after the weekend and Em had to run back inside to get her hat and ... it just came up."

Gibbs gave Fornell a skeptical look.

"That's not the point!" Fornell protested. "The point is how come she never told me?"

"Not my department," Gibbs said. "Why? Did you two sit around talking about me while you were married, too?"

"Not unless I wanted to hear a tirade about your basement," Fornell said. "I learned early on it was better to keep my tools out in the garage, let me tell you."

Gibbs asked petulantly, "Can I read the file now?"

"It's just you know Diane, always wanting to show off she knows more than you do about things," Fornell continued.

"More than me?" Gibbs asked.

"Well, more than me, certainly," said Fornell.

Gibbs glanced longingly at the file on the table and let out a sigh. He looked at Fornell. "Why didn't you ask her?"

"Emily came out then," Fornell said.

"Tobias, don't ask me to explain what Diane does, ... but I didn't talk about my family. Not to you, not Ducky, not anyone."

"But Diane knew," Fornell restated, "and she never mentioned it. Maybe I didn't give her enough credit."

"Pretty sure you did in the divorce settlement," Gibbs said.

"There's a difference between giving and having taken."

"Are you going to give me the file now?" Gibbs asked.

Fornell pointed at the folder lying in front of Gibbs.

Gibbs leaned over the folder and said, "Tobias, if I ever get married again, you'll be one of the first to know."

"See, communication's not that hard, is it, Jethro?"