CHAPTER 25
A/N: Ok wow, the chapter everyone's been waiting for! This is the one I've had in my head since I started writing this story - and at times it's been the only thing that has kept me writing. In a way that makes me more nervous than ever, because it sort of feels like the pressure's on! I hope you guys like it and don't find the ending too cheesy - I'm a cheese fan. Also, forgive me for not getting every little bit of courtroom jargon and protocol correct - I worked with what I know from watching an inappropriate number of crime shows. This chapter was actually sort of tough to write because it was one giant unending scene and I tried to set a good balance of dialogue and narrative.
I think there will be one more chapter after this - maybe a separate epilogue after that, but I doubt it. We'll see as I write!
And as always, credit goes to JKR for the creation of the most fantabulous universe imaginable. Except it would be a tiny touch more fantabulous if Hermione and Draco ended up together. Just saying.
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CHAPTER 25 (DUN DUN DUN)
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The bang of the gavel brought the courtroom to silence.
"Order, Order," commanded the leader of the jury, but he didn't have much to worry about – while a few people had been talking, most sat in tense silence.
"The trial of Draco Malfoy's future is now in session." There had been some debate about what to call the trial, since technically no one was taking anyone to court. It wasn't like Draco was suing the Ministry for his freedom; nor was the Ministry specifically bringing him to court for his crimes. In the end, they had decided that the trial was more of a test for Draco and his team to prove that he deserved and could be trusted with his freedom. He was the defendant for sure, but unlike in other cases where the prosecution had to use evidence to demonstrate the defendant's guilt, it rested with his side to prove beyond a shadow of a doubt that he was innocent. Guilty until proven innocent, rather than innocent until proven guilty. It was definitely going to be an uphill battle.
Gideon Lockhart was first to take center stage for his opening statement. Hermione glared at him, willing him to trip up somehow. Unfortunately, he remained perfectly poised, put together, and thoroughly convincing.
"Ladies and gentlemen of the court, gentlemen of the jury," he began with a confident and trustworthy smile, "Today you are in for a rare treat – a clear and easy decision. In a few short hours, or maybe even sooner, you will agree with me that this monster, this absolute villain, should never be allowed out in civilized society again." He walked toward Draco now, sneering at him. Draco worked to maintain his composure: he would not let this snake get under his skin.
"One year ago, Ms. Granger used her influence at the Ministry to free this miscreant from the prison where he was being housed for our safety. What has transpired in that year? Mr. Malfoy has terrified children at shopping malls, nearly poisoned over half of the Ministry, and conned many young, promising witches and wizards into trusting and supporting him. Yes, everyone in this room will agree with me that the only place for Mr. Malfoy – as well as the rest of his kind – is in Azkaban."
Lockhart's statement continued for twenty more minutes. He painted Draco as a vicious monster, eliciting gasps from the courtroom with his accusations. He argued that the safety of the public was his ultimate goal and that the only way to ensure that was to remove Draco from their streets. Perhaps most dammingly, he spent about half of his time reviewing the Malfoy history, particularly the family's role in both wizarding wars. His final question to the courtroom was nearly devastating.
"Will you sleep safely tonight knowing that a follower of He-Who-Shall-Not-Be-Named – the son of arguably his most prominent follower – could be freely walking the streets where you live, with ready access to a wand and who knows how many dastardly spells he's being dying to cast this past year?"
His question was met with silence and he proudly strutted back to his seat.
Hermione turned to Parvati and offered her what she hoped was an encouraging smile. It was a good thing Parvati was delivering their opening statement, because Hermione would definitely have lost her temper after Lockhart's performance. Parvati looked shaky, but stood and walked to face the courtroom. She steeled herself with a deep breath and began.
"Ladies and gentlemen of the court, gentlemen of the jury, I must echo the words of my esteemed opponent: today, you face a very easy decision. Here is where I differ from Mr. Lockhart: I contend that after today's trial you will have no other option than to recognize that Draco Malfoy poses no threat to society and deserves his freedom."
Hermione smiled at her, admiring her grace under pressure. She turned to Lockhart, who did not look phased.
Parvati continued. "Draco Malfoy is innocent. In fact, Draco Malfoy has always been innocent. He has never committed an infraction or a crime worthy of being taken to trial. His family may have committed vicious atrocities, but Draco Malfoy did not. Today, we will present evidence of his unfailing innocence that will leave you no choice but to gracefully welcome him back into society."
Hermione thought that last sentence was a bit of a stretch, but didn't question it. In the rest of Parvati's statement, she objected to each of Lockhart's claims, correcting them and emphasizing that they would support their claims with evidence and testimony.
Perhaps the most riveting part of her opening statement came toward the end, when she began to discuss what was really at stake in this trial. The ideas had arisen over a lunch discussion between Parvati and Hermione earlier that week and Hermione was surprised to hear her words appear now, but grateful that Parvati had thought to include them.
"Today we will decide Draco Malfoy's fate, but more is at stake here. What we are discussing and ultimately deciding is the possibility of redemption and of whether someone can rise above evil circumstances to achieve true goodness in this world. Can we forgive Draco Malfoy for the crimes of his father? Can we forgive him for his name? Can we accept that he belongs with us, out in the free world? I hope that we can."
With that, she returned to her bench.
Hermione felt confident about Parvati's opening statement, but as soon as Lockhart began to call witnesses, she felt her optimism begin to crack.
First up was a parade of children and parents who had been "traumatized" by Draco's performance at the mall as Santa Claus. Clearly bribed by Lockhart, they claimed that he threatened them and forced them to take part in his volunteer work only for the photo opportunities.
One small boy claimed that, when he told Draco (as Santa) what he wanted for Christmas, Draco responded by telling him he wasn't getting anything for Christmas because he was bad and his parents didn't love him.
Hermione rolled her eyes at that, remembering the exact opposite – Draco had run into trouble that day after promising children too many toys.
Parvati carefully monitored the situation, objecting when Lockhart began to lead the witness or when someone began to speculate about Draco's evilness. Hermione was impressed.
Draco, on Hermione's other side, felt more and more color draining from his face as more children spoke about how he had scarred them for life. And he was pale to begin with.
After the Christmas shoppers, Gideon Lockhart began to call wizards and witches who had been harmed by Malfoys in the past. When Parvati objected that this testimony was irrelevant, the head judge decided to allow it, which did not bode well for their case.
For nearly two hours, the courtroom listened to horror stories that even Draco could not deny. His father had been horrible and the accounts of him lying, blackmailing, threatening, and even cursing others did not, unfortunately, come as a surprise for him. It was difficult for him to sit there and listen to his family's dark history being recounted for the entire world, but he knew that acting up would only hurt his image in front of the jury.
Lockhart's last witness was a bogus psychologist who claimed to have studies upon studies demonstrating that someone of Draco's sinister upbringing could not possibly be reformed. His act was enhanced by his exaggerated fear of Draco and his fake shuddering whenever he glanced Draco's way.
Fortunately, this was where Parvati shined in cross-examination. Within five minutes, she had completely dismantled the faux-psychologist's qualifications and had poked holes in every study that he had cited.
It was a small glimmer of hope in an otherwise dark, dark courtroom.
When Lockhart had finished with his last witness, they took a brief recess to eat lunch. Hermione and the rest of her team already felt exhausted, and they hadn't even called their first witness.
Draco found that he wasn't hungry, despite eating hardly anything at breakfast that morning. His friends tried to cheer him up, dwelling on Parvati's successful cross-examination, rather than the power of Lockhart's other witnesses or the glares most of the jury members had been shooting him every few minutes.
He looked around for Ginny, but she was still nowhere to be seen. He hoped that she was on the trail of something that could help him, but wondered now if there was even time. Perhaps it was good she wasn't here; he didn't need any false hope.
When they filed back into the courtroom, Hermione caught Lockhart sliding autographed photographs of his famous brother to several of the jury members, who smiled in glee and gratitude.
She rolled her eyes, choosing to ignore the fact that she had once reacted the same way.
Their side had many more witnesses than Lockhart, but they needed them. Hermione knew that the burden in this case rested on them to prove Draco's innocence, not on Lockhart to prove his guilt. She only hoped that their witnesses could change the already-set minds of the jury.
First up was Kingsley Shacklebolt, the Minister of Magic himself. Hermione felt her shoulders straighten in spite of herself and she hoped that this impressive witness would make an impact on the jury. Their impassive faces told her nothing.
Through Parvati's careful questioning, Kingsley reflected on Draco's time working at the Ministry and especially on his role in creating the antidote for the poison during the Ministry catastrophe.
"In your opinion," Parvati asked at the end of her questions to the Minister, "Is Draco Malfoy fit to walk among us unrestricted?"
The courtroom held its collective breath as Kingsley mulled over her question. Finally, his booming voice filled the room and he spoke clearly and confidently.
"I must admit that I had misgivings at the beginning of this experiment and I doubted that Draco Malfoy could ever be rehabilitated. His actions in the past year, however, indicate not only that he could be a valuable member of society, but also that, at his core, Draco Malfoy has a good heart. Not all of us were fortunate enough to be raised by loving, open-minded parents and I think Draco is proof that we are all individuals, capable of making our own mistakes and achieving our own redemption. I, for one, would not be worried in the least if Draco were released. I trust him absolutely."
Draco must have had an eyelash stuck in his eye because he quickly brushed it away and looked at the ceiling. Kingsley trusted him? Absolutely? Oh no, another eyelash. JUST EYELASHES.
In cross-examination, Lockhart was respectful of the Minister, but also worked to undermine his testimony. He got Kingsley to admit that he had never supervised Draco in the Potions Lab and that he could not really speak to his abilities or commitment. Hermione didn't worry about this; she knew that Dean and Harry would cover that in their testimony. Lockhart dwelled on Kingsley's doubts about the experiment, getting him to admit that he was pessimistic after Draco's past behavior and connections in the war. Still, Kingsley remained sharp and articulate and did not fall into any of Lockhart's traps.
Next up were Mr. Weasley and then Dean Thomas. Arthur spoke about having Draco over his house and said that he hoped his visits would continue. Like Kingsley, he stressed his trust in the young man and Draco felt a warmth in his chest that felt entirely unfamiliar. Dean gave an exemplary account of Draco's work in the Potions Lab, going over not only how much he had produced, but also how committed and dedicated he had been to his work and how positive his attitude had been. Lockhart went after both in cross-examination and managed to twist their words a bit, but they managed to hold their own. Lockhart seemed to be determined to bring up Draco's past rather than his present and to express doubt that his "transformation" was little more than a façade.
Hermione was glad they had chosen to not have Neville testify; although he had gracefully offered, everyone knew that Lockhart would slaughter him in cross-examination.
Bert from the soup kitchen spoke briefly, reflecting on Draco as a friendly and helpful soup-server who had been rather stingy with the bread. Hermione watched two jury members yawn and hoped that they were even listening to all of this.
They may not have paid attention to Arthur, Dean, or Bert, but when Harry Potter took the stand, their ears perked up.
Parvati asked Harry about working with Draco in the Potions Lab, as well as the other time they had spent together. As Harry vouched for Draco and expressed confidence in him, he thought about how much had changed in a year – he never would have believed that he would take the stand for Draco Malfoy.
Harry had asked Parvati ahead of time to ask him a final question that would give him some space to make his own statement. She kept it simple.
"Do you think that Draco should be given his freedom?"
Harry spoke confidently.
"I think Draco should definitely be given his freedom, and to be honest, I never thought I would utter those words. But I've learned a lot in the past year – a lot about Draco and who he is, what he values, and what he wants out of life. And I've learned a lot about people, too – about forgiveness, redemption, and about how there are two sides to every story. Draco Malfoy saved me that night at Malfoy Manor over a year ago. He knew that it was us – Hermione, Ron, and me, but refused to turn us over to Voldemort. I know that story has been told and retold, but in a way, I think it's more relevant than ever. Draco Malfoy had the chance for eternal glory at Voldemort's right hand and he passed it up for no immediate or even visible gain, purely because he knew in his gut that it was the right thing to do. How can we lock up someone like that? How can we look at him and condemn him for the crimes of his parents? Now I'm not saying that Draco is a hero or even a really good person, but I do know that he's not a bad person. And to be honest, I don't think there's even such a thing as a 'good' or a 'bad' person – we're all people who have choices and who have to live with the repercussions of those choices. Draco's choices led directly to our victory over Voldemort, so why should he be punished now?"
Lockhart knew better than to attempt a vicious cross-examination on the Chosen One. He did not want to paint himself as an opponent of Harry Potter.
With that, Parvati dismissed him and Harry returned to his seat, proud of himself. Before he got there, though, he stopped at the defendant's bench to shake Draco's hand in front of the entire courtroom.
Hermione grinned, certain that Harry's testimony would be enough to make their case. When she looked at the head jury member, however, she was shocked to find him completely unmoved – even bored. What would it take to get through to these men?! Who did they have left?
Oh, her.
It was Hermione's turn to take the stand and her knees were shaking, in part because of the impressive performance she now had to follow. She knew this was possibly the most important part of the trial, apart from Draco's testimony which would follow hers and end the defense's case.
Parvati began by asking her why she had begun this experiment in the first place.
"When I first proposed this experiment," Hermione began, "I had no idea I'd be living with Draco Malfoy for a year. Had I known, I might not have proposed it at all." Here, she got a small chuckle from the courtroom and it gave her confidence.
"But in my heart, I knew – and I know – that this program can work and that those whom it will benefit deserve it. It's hard, sometimes, to remember how young we are, because we've all been through so much and have grown up so quickly. But we're still young, still forming our personalities and characters, still figuring out who we are and where we fit. We're still making mistakes and learning from them. To condemn someone this young seems unproductive and unfair."
"Do you believe, therefore, that any crime should be excused up until a certain age?" Parvati asked.
"No, I would agree with the majority of the Wizarding World that there are some crimes that must be punished, some sins that cannot be forgiven. What Voldemort did at an early age, for example, is not something for which I would seek pardon. But that's just it – these young men and women, and especially Draco, have done nothing that should condemn them to Azkaban for life."
"So you do not see allegiance to Voldemort as an unpardonable crime?" Hermione knew Parvati was just trying to give her space to fully explain herself, but still found herself going on the defensive.
"I think there are many forms of allegiance – a spectrum, if you will. And ultimately, I believe we should judge a defendant based on his actions, not his attitude. Draco may have followed Voldemort, may have received the Dark Mark, but ultimately did not ever hurt a soul. In this regard, he is innocent."
Parvati smiled at her, and Hermione knew she had clarified what she meant.
Parvati proceeded to question her for two hours, asking about how the last year had gone and the progress Draco had made.
It was difficult for Hermione to speak so positively about someone she was so mad at, but she knew she had to swallow her pride today and stand up for what she knew was right. It was also difficult to explain the last year while avoiding certain details – the activities on the couch, for instance. She also kept the firewhiskey stories to a minimum.
She spoke of her growing friendship with Draco, the fun they had had together, and the deep conversations they had enjoyed. She reflected not only on his growth, but on her own as well. It was therapeutic, in a way, explaining everything aloud. She found herself getting nostalgic and even choking up at points.
It started to dawn on her that this could be it – they could have only hours left. As she looked at Draco, she let go of any lingering anger, because it just wasn't worth it. She didn't care if he didn't return her feelings or even if he had just used her, because she knew deep down that they meant something to each other. And she could only hope that her testimony would help them to have a future together, even if just as friends.
Hermione's testimony was exhausting for her and the rest of the courtroom. Draco was next, but the head jury member called for a brief recess to give everyone a break. They had fifteen minutes.
Hermione, Draco, and his supporters gathered in a small conference room next to the courtroom. Everyone was trying to keep his spirits up.
"I think we have a good shot," Lavender said to Hermione. "Your testimony was very convincing and moving."
Neville agreed with her and everyone pitched in positive words.
Draco nodded politely, still so nervous he could throw up, when suddenly he spotted a shock of red hair that would either spell his salvation or his doom.
Ginny burst into the room and immediately dragged Draco away. Everyone looked at her, confused, but she just threw them a quick "I'll explain later! No time!"
She dragged Draco out to a private back hallway where they could have some privacy.
"What did you find out?" he asked, desperately hoping it was something helpful.
Ginny thrust a small stack of papers into his hands, but they both knew he didn't have time to read them.
She quickly explained what she had found and Draco's eyes opened wide in amazement.
"It only has to mean this if you want it to," she told him softly. "If you don't want it to mean this, no one ever has to know."
He appreciated her kindness, but knew that this had ceased to be a choice a long time ago.
With a new fire behind his eyes to match her own, he told her to go get Parvati.
With the last few minutes they had left, Draco and Ginny told Parvati what to ask him. She was confused, but took down notes and promised to ask the question. Where was this leading? She would just have to trust them.
A bell signaled that the trial was due to restart. Everyone filed back into the courtroom and Hermione looked at Draco, expecting him to explain what was going on. Before he could explain anything, however, Parvati called him to the stand and he was sworn in as the defense's last witness.
Draco looked briefly to Scratchy and Beardy, wondering if they would support him. Both gave him polite nods and their expressions seemed encouraging. It gave him courage.
Parvati began by asking the questions they had planned before the trial – what he had learned over the last year, how he thought he had changed, why he deserved a chance at freedom, etc.
Draco did his best to provide thoughtful, thorough answers, but was having trouble concentrating. He couldn't wait for Parvati to ask the new question – he just knew this would make or break his case.
He stressed that he regretted the role he had played in Voldemort's rise to power and wished that he could take it back. He explained how, in the last year, he had learned that a life of peace was possible – and that was exactly what he wanted.
Parvati could tell they were starting to lose the audience, especially since a lot of what he was saying was really just repeating what Hermione and others had said earlier in the day. She decided to skip ahead to the final question.
Hermione was following along with Draco's testimony, nodding encouragement and glancing nervously at the jury when suddenly Parvati veered into a line of questioning she wasn't expecting. They hadn't practiced this! What was going on? Did this have anything to do with Ginny's news? Hermione held her breath.
"Mr. Malfoy, we have heard from numerous witnesses today, including yourself, of the transformation you have experienced in the past year. We have heard about how you have changed and how you now believe you are a better person – a person worthy of freedom. While I find this testimony convincing, I'm sure our jury would appreciate something a little more… concrete. Do you have any tangible evidence of this transformation?"
The courtroom fell absolutely silent. Hermione wasn't sure her lungs even remembered how to draw and expel breath.
Draco took a large gulp, locked eyes with Parvati, and nodded. He hesitated for only a brief moment before rolling up the sleeve of his left arm and removing the black sleeve Hermione had made for him.
The courtroom was silent for a moment, trying to figure out what his "evidence" was until, all at once, it exploded with noise.
Where once had existed the Dark Mark, a visible and vile symbol of Draco's wretched past, now stood clean, clear skin.
The head jury member had to bang his gavel for a solid minute before he could bring the courtroom to order. People were on their feet, edging for a better view. There was chatter everywhere about how this was possible and what it could mean.
After re-establishing order, the head jury member left his perch and headed to the witness stand himself. He took Draco's arm and, with his wand, performed numerous tests.
After a few tense moments, he addressed the courtroom.
"As far as I can tell, no glamour charms have been used. No spell has been employed at all to conceal or hide Mr. Malfoy's Dark Mark. I can say with confidence that it is gone," he explained, completely stupefied.
"But how is this possible?" shouted Lockhart.
The head jury member should have headed back to his bench, but he remained standing next to Draco.
All courtroom protocol seemed to have gone out the window, because now he addressed Draco directly, although speaking loudly enough for the courtroom to hear. Parvati took her seat, confident that her job was now done.
"Do you know what this means, Mr. Malfoy?" the jury member asked.
Draco gulped again.
"Well, until about twenty minutes ago, I had no idea, sir. I noticed it two weeks ago and was completely stunned. I immediately set to work trying to understand what was going on. My greatest fear was that You-Know-Who had returned because, you see, the only person who had ever been able to alter or control the marks was him. I had a sense, however, that this did not mean that. Fortunately, Miss Ginevra Weasley just found the answer today."
The jury member smiled at him – his first of the day – and Draco continued.
"You see, there was a similar case in 1447 in a small town outside of Surrey. A system similar to the Dark Marks had been used to identify members of a radical organization dedicated to the elimination of centaurs. A young woman had been branded with the mark, but in a sort of Romeo and Juliet story, she fell in love with a centaur and abandoned her side of the conflict. After peace was restored, she realized that her mark had disappeared, as had those of several other village members. The court decided that the mark faded because the woman's heart was filled with so much love that no room for hatred existed in her body or soul. Without even a shred of hatred, the mark could not survive on her body." Draco finished his tale and the courtroom stared at him in stunned silence.
The head jury member looked at him with tears in his eyes before addressing the courtroom. "Yes, there have been numerous cases such as this throughout the centuries – cases that are rarely recorded or spoken about, because they emphasize a power that even wizards and witches cannot fully comprehend. The power of love, something that Mr. Potter can certainly attest to, has not left much of a paper trail throughout history, unfortunately. Yet it is that power that has endured above all others, and that continues to surprise us today. In my long legal career, I have come across several cases such as this in the record books, but have never experienced one myself. This is truly a rare day."
Now he looked directly at Draco and asked the question on everyone's mind.
"Whom do you love, Draco?"
Draco was silent for only a moment before shouting out his answer – an answer that shocked the entire court room.
"Molly Weasley!"
Arthur turned to his wife in terror, but her expression of utter confusion told him that she, too, had no idea what was going on. Before he had time to react further, Draco continued.
"And Arthur Wealsey!"
Now Molly shot her husband a dirty look.
"And Harry Potter and Ron Weasley and, heck, all of the Weasleys really – especially Ginny. And Neville Longbottom and Luna Lovegood and Lavender Brown and Parvati Patil and Oliver Wood and, you know what? Even you, Gideon Lockhart, even you."
Hermione alone noticed that her name was not included in the list. Did she mean that little to him? Less, even, than Neville?
Draco continued to name witches and wizards he had gotten to know over the past year, but as he was running out of steam, he was interrupted by the head jury member.
With a chuckle, he said "Yes, yes, Draco, I think it's clear that you have found a lot of love in the past year. But that's not what removed the mark, is it?"
Draco was silent for a moment before looking up at him.
"No, sir. The people whom I just mentioned have shown me so much love and support over the past year that it has been nothing short of overwhelming, and for it I am eternally grateful. Yet, as much as I love everyone I just mentioned, that love is not enough to remove every shred of hatred from my body and soul. That love would have to be so powerful, so enduring, and so unfathomably extraordinary that it could barely be put into words."
"And whom do you love with this much intensity?" he asked.
Draco swallowed hard, knowing this was the moment. Somehow he was even more nervous about this than he was about the trial's outcome.
"Hermione Granger, sir."
"And does she love you in return?" he asked.
"No, sir. In fact, I think she hates me," Draco answered honestly, eliciting laughter throughout the courtroom.
The jury leader sent Draco back to his seat and he and the jury withdrew to deliberate.
Draco couldn't look at Hermione, couldn't bear to face her reaction and his certain rejection. How could she love him after how he had treated her the past two weeks? The past year? Their entire lives? He knew better than to expect her to return his feelings.
Hermione stood beside him in stunned silence, unable to even process what was happening.
Draco loved her?
And with that intensity? Enough to erase his Dark Mark?
The jury filed back into the courtroom, having been gone for only a few moments. Parvati hoped that was a good sign. As they filed back to their seats, Hermione reached for Draco's hand.
"We the jury, in the case of the freedom and liberation of Draco Lucius Malfoy-"
"Draco," Hermione began and he locked eyes with her.
"Find the defendant-"
"I love you too."
The jury member said "innocent," but Draco didn't hear it. The courtroom went crazy, but Draco didn't hear it. Gideon Lockhart stormed out of the courtroom, slamming the door in his wake, but Draco didn't hear it.
All he heard was Hermione's words.
"You do?" he asked incredulously.
"Of course I do!" she said with a beaming smile. "Now let's go celebrate!"
"Celebrate what?" he asked.
"Your freedom!"
"My what?"
Then suddenly it all hit him – he was free. Free. He looked up to find Beardy approaching with his wand. He shook Draco's hand with a respectful smile and as Draco lifted his wand for the first time in a year, he felt whole again.
In an instant, he was being pulled from every corner into hugs and handshakes. Still, he maintained his hold on Hermione, not letting her get away from him.
In the middle of all of the chaos and raucous, he pulled her in for a deep, toe-curling kiss. She threw her arms around his neck and he twirled her in the air, smiling so broadly he could barely maintain their kiss.
And for once, he didn't care who saw or knew – in fact, he couldn't wait to tell the world.
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A/N: Behind the scenes trivia: I've had the "Molly Weasley!" line planned since before I even started writing this story. That joke alone is, I think, why I decided to write and publish it here in the first place - and that's like an 80,000 word investment. Please tell me you at least giggled. Also, major props to everyone who figured out that Draco's dark mark was gone :-)
