Disclaimer: Shondaland/ABC owns these characters. But I've taken the Gladiator oath as a writer: #OLITZ4LIFE #JAM #NotAMellitzer

That was a Public Service Announcement for any accidental non-Olitz readers


It felt hot and airless in the courtroom, with people squeezed into seats or crushed together, standing.

Mellie kept fidgeting with her hair, and glancing over her shoulder, flashing smiles and giving the occasional wave.

Olivia appeared to have zoned out, an oasis of calm in the middle of chaos, staring down at her clasped hands on the table.

The chattering in the public gallery dropped to a murmur when Judge William Denver appeared, then the noise ceased when the Judge cut off the usual preliminary courtesies, and curtly asked for the plaintiff to be recalled to the stand.

"Ms Hussein, are you ready to resume your rebuttal of the plaintiff's testimony?"

"Your honour, we would like to withdraw the last question and have it removed in its entirety from the court records."

There was a lengthy pause before the Judge turned to the Prosecution. "Do you have any objections, Mr Pentwell?"

"Uh, no, your honour."

"Very well, the question is withdrawn and the jury will ignore any references to it. Do you have any other questions, Ms Hussein?"

"Yes, your honour." Sameera left the defence table and approached the witness stand. "Mrs Grant, you said in your previous testimony that you suffered a miscarriage during the campaign trail?"

"Yes."

"Did you report the miscarriage?"

"Of course."

"To your family physician? Or the White House physician?"

"Oh, I couldn't go to either of them. It happened while we were travelling. I went to another doctor."

"What is the doctor's name?"

"That's privileged information."

"The name of your doctor is not privileged, Mrs Grant."

"I can't remember his name."

"Objection, your honour."

"Sit down, Mr Pentwell. Ms Hussein, please continue your questioning of this witness."

"Mrs Grant, how far along were you in your pregnancy when you miscarried?"

"A few weeks."

"And when did you find out you were pregnant?"

"After I took a pregnancy test."

"Did you see a doctor to confirm the test results?"

"No, I was too busy. As I said, I was on the campaign trail with my husband. But I have been pregnant before, I didn't need confirmation. I knew the signs."

"So you didn't seek medical confirmation of your pregnancy?"

"No. I did not."

"And you can't remember the name of the doctor who treated you after your miscarriage?"

"No."

Sameera stared at Mellie for several beats, then continued. "Mrs Grant, in the weeks since you moved to Blair House, have you had the children stay over?"

"Of course not, there's a lot more room for them at The White House," Mellie tittered. No one else made a sound.

"So it was simply due to space that the children stayed with their father, instead of you, their mother?"

"Yes."

"And your baby, Theodore Wallace Grant; could you not find any room for him at Blair House?"

"Oh Teddy has a lot of carers – his nurses; the agents who look after him; he even has his own chef and dietician."

"And who pays for Teddy's carers?"

"Well, my husband, of course. He is their father."

"So to confirm, you do not in any way contribute to the upkeep of your children?"

"I don't need to. The President has always got his accountants to take care of the bills. He has never wanted me to worry my silly little head about such tedious details."

"Mrs Grant, since your children are not living with you, how often have they visited you at Blair House?"

"Many times. A mother doesn't keep count of the occasions."

"We have a statement from your eldest son, Jerry, that they only saw you once. The occasion, according to his statement, was prompted by your request to, and I quote, 'make a video talking crap about Aunt Liv'. He goes on to say that this was before your appearance on national TV disparaging Ms Pope."

Mellie maintained a steely smile. " Jerry has a little crush on Ms Pope. He's being manipulated. He's not old enough to withstand pressure from an older woman."

"Are you saying Ms Pope seduced your son?"

Mellie flicked a glance towards her lawyers and after a synchronised shake of their heads, she said brightly, "No, I'm not saying that. All I'm saying is that my son can't say no. He's been brought up to respect his elders."

"But isn't it true that he said 'no' to you, Mrs Grant? Didn't he refuse to make the video for you?"

Mellie took a deep breath. "There was something wrong with his camera."

"The same camera that your son used to upload a defence of Ms Pope the night of your interview?"

"He must have had it fixed."

Again Sameera paused, looking at Mellie with her steady unsmiling gaze before adding, "Thank you, Mrs Grant. We have no more questions."

"Mr Pentwell, do you have any more witnesses?"

"No, your honour. The plantiff rests her case."

"Very well, we will take a short recess before the Defence calls their first witness."

Sameera stood, "A recess will not be necessary, your honour. The defence rests."

Judge Denver drew his shaggy grey brows together. "You are not calling any witnesses? Not even the defendant?"

"No, your honour."

"Is this the legal strategy you have advised, Professor Pope?"

"No, your honour, Ms Hussein is taking her instructions from her client, Ms Olivia Pope."

The judge looked from father to daughter, then back again, then he cleared his throat. "Well, this is unexpected. Mr Pentwell, would you like an adjournment to prepare closing arguments."

There was whispering at the Plaintiff's table. Then Mr Pentwell got to his feet. "If we could have a short recess, your honour, that will give us enough time to review our final summation."

"All right, we will take a short recess before we get to the closing arguments," The judge paused. "Ms Hussein, you will be giving a closing statement?"

"Yes, your honour."


As both sets of attorneys and their clients left the courtroom along with the jury, not many budged from the public gallery.

"Why is no one leaving?" Felicia muttered.

"It's a short recess," Quinn murmured.

"I don't want to lose my seat," said Huck.

Abby scowled. "I can't believe she's throwing her own case. What is she thinking?"

"I don't know, but I know I won't be collecting my pay cheque for a while." Harrison shook his head.


In the Defence Witness-Attorney conference room, there was a thick silence as Sameera looked over her notes, while Rowan glared at his daughter, who stared calmly back at him.

"Olivia this is ridiculous!" Rowan finally exploded, making Sameera jump.

"Dad, you're scaring Sameera."

"Don't mock me! Do you have any idea of the trouble you're in?"

"They are not going to throw me in jail, Dad. The worst case scenario is that I'll end up giving Mellie a billion dollars."

"Or more!"

"Or more."


"Dad, why isn't Aunt Liv defending herself?" Jerry looked up from Peter's phone, on which they had been watching a live telecast of the court proceedings.

"I don't know, Jer."

"But she has to put up a defence. Did you tell her not to?"

"No, I didn't," Fitz looked at his son in exasperation.

Karen slid her hand over her father's tensed knuckles. "Daddy, are you sure, Aunt LIv, won't mind us going to see her in court?"

"I don't know, pumpkin," Fitz managed a smile. "But we have to be there. For Olivia. As your brother said, we're her family now."


When court resumed for closing arguments, Mr Pentwell stepped up to the Jury Box with a grave expression.

"Ladies and Gentlemen of the jury, let me begin by thanking you for your service. You have listened to my client's testimony and you now have the task of evaluating the First Lady's statements against that of the defendant."

Mr Pentwell paused, then gave a wry smile. "That would be the normal process but in this case, the defendant, Ms Olivia Pope, has not presented a defence. That, ladies and gentlemen, is because the facts of the case are indisputable. Ms Pope was having an affair with my client's husband, the President of the United States."

He paused for dramatic effect before continuing, "Ms Pope cannot say that she was unaware that he was married, because she worked with Mr and Mrs Grant on the campaign. Ms Pope cannot say that Mr and Mrs Grant were separated at the time she seduced Mr Grant – we have shown you media reports and images confirming The First Lady's testimony that she and her husband were in a loving relationship. A loving relationship destroyed by Ms Pope with deliberate and malicious intent, breaking up a loving home with three beautiful children.

"These are the facts, ladies and gentleman, and I would urge you to consider them as you examine the strength of our case. There is no doubt that the preponderance of evidence is in our favour. Our case is so strong there has been no defence. Therefore you must find for the plaintiff."

Sameera stood up to take her turn at the jury box, ignoring the smirk that Pentwell sent her way.

"Ladies and gentlemen of the jury, we thank you for your time here today, especially in light of the difficult task you are about to begin. Contrary to what Mr Pentwell has said, this is not a clear-cut case. You have to evaluate the testimony of the First Lady against my client, Ms Pope, who has chosen not to present a defence. Not because she has no defence against these accusations but because she has no wish to hurt the ones she loves."

Sameera paused, letting her gaze rest on each jury member. "Mrs Grant has chosen to initiate this court action, revealing what she claims are painfully private moments which involve her husband and her children. Ms Pope has refused to do the same, with the people she loves and respects.

"And that, ladies and gentlemen of the jury, is a two-way street. Just as Olivia loves Mr Grant and his children, they too love her. There is no doubt about this. The plaintiff's lawyers have shown you news footage of how affectionate and loving they are with Ms Pope. The plaintiff's lawyers showed this evidence to highlight the existence of an ongoing relationship, but it also shows you their true feelings for my client; feelings that were not scripted for the cameras."

Sameera paused again, before adding quietly, "Mrs Grant would have you believe that she was in a loving relationship with her husband at the time Ms Pope came into their lives. This claim is contradicted by Mr Grant in his statement, which clearly describes the reasons for their marriage, as well as the state it was in, at the time he fell in love with Ms Pope. And I would like to emphasise that he did fall in love with Ms Pope, as she fell in love with him.

"Love cannot be dictated. No contract, either social or business, can dictate what one person feels towards the other. These feelings are beyond even individual control – we cannot force ourselves to love someone, just as we cannot force ourselves not to love. And Ms Pope should not be punished for following her heart and finding happiness, no matter how much Mrs Grant may want that punishment."

Finally Judge William Denver gave his instructions to the jury after Mr Pentwell indicated he didn't have a rebuttal statement.

"Ladies and gentlemen of the jury, you have now heard statements from both the plaintiff and defence attorneys. You have also heard the plaintiff's testimony and the evidence presented in rebuttal by the defence.

"Irrespective of the lack of defence testimony, I believe you have sufficient evidence to determine if the plaintiff has met the burden of proof to support her claim. I urge you, ladies and gentlemen, to look at the evidence presented and to ignore all other irrelevant factors such as the status of the witnesses.

"You must focus on what has been said here in court today and not give these statements greater or lesser significance because of who made those statements.

"I must also remind you that each juror must use their own judgement to reach a conclusion and to share that conclusion with your fellow jurors in order to negotiate a fair and unbiased verdict. Your verdict, ladies and gentlemen, must be unanimous, in so far as you all agree with the final conclusion. Now ladies and gentlemen, you may follow the bailiff to the jury room to begin your deliberations."


Olivia and her team, including the OPA were the last to step out of the courtroom. As they did so, they found their path blocked by a throng of reporters surrounding Mellie in the corridor.

"Maybe we can sneak out the back?" Harrison muttered.

Before they could make a move, the press circling Mellie did an about-turn while she was still speaking.

"The President. He's here!" A cry went out.

Eyes widening in amazement, Olivia watched Secret Service agents part the buzzing media to allow Fitz and the children to get through.

"Fitz!"

"Fitz!"

Mellie and Olivia said at the same time, but Fitz and the children headed directly towards Olivia without sparing a glance at Mellie or pausing in their stride.

"What are you doing here?" Olivia murmured as she was crushed in Fitz's arms, a second before she was enclosed in a hug by the kids, even Teddy who was in Jerry's arms.

Fitz just kissed her lips, then her cheek and whispered, "Let's get out of here."

Then still huddling close, they made their way out of the courthouse; made easier now that the agents were clearing a path of exit for them.

Once seated in one of the limousines parked outside the courthouse, Olivia breathed a sigh of relief and looked at Fitz and the children. "You shouldn't be here," she said softly, even though the glow on her face gave lie to her words.

Fitz tightened his arm around her and kissed her again. Then told the kids to cover their eyes, and he kissed her some more.

"We wanted to be there for you – in the public gallery," he said huskily much later, when Olivia was blushing, happy and cuddled against his side. "It was Jerry's idea. One of the few that isn't going to get him arrested."

Olivia smiled at Jerry who gave her a cheeky grin. Then she held out a hand for Karen and the little girl rushed into her arms with a happy smile. Jerry gave an exaggerated sigh of relief, stretching his arms indicating that he and Peter had more room to sit alongside Teddy's toddler car seat.

Just then Olivia noticed that their vehicle was in a turning lane, while the other vehicle carrying her father, Sameera and the OPA drove on, straight ahead.

"Where are we going?" Olivia turned to Fitz.

"We're having lunch with the Governor and his family. It seemed only fitting that he should extend that courtesy to you, my future wife, after he hosted a lunch for Mellie, the ex-wife."

Olivia snuffled a laugh. Fitz kissed her cheek, then the top of Karen's head, before relaxing with a smile of accomplishment.

"Two birds with one stone? You're sticking it to Mellie and Sally Langston in one hit? Smooth, Mr President, very smooth."

"I'm sure I don't know what you mean, Ms Pope. I have no idea at all."

"What's Dad done now, Aunt Liv?" Jerry asked.

"He's having lunch with one of Sally Langston's greatest supporters. Not a bad political move when your dad has to start his official presidential campaign soon."

"When is soon?"

Fitz looked at Olivia. "When the divorce is finalised."

"The elections may come sooner than the divorce decree," Olivia demurred.

"I'll have to make sure it doesn't," Fitz said, some of the humour leaving his face.


They were half way through 'luncheon' – after an extensive personalised tour of the Governor's historic Executive Mansion in Raleigh – when word came that Olivia had to return to court; the Jury had reached a verdict.

"Is this good or bad?" Jerry asked as they drove back to court.

"I don't know," Fitz muttered.

Reaching over to slide her hand over his clenched fist, Olivia murmured that they'd soon find out either way.

"Man, I was really looking forward to the grilled catfish with field peas and sweet potato," Jerry grumbled, then grinned at Peter's snort.

The courtroom was even more packed when they entered. Fitz and the kids took the seats in the public gallery directly behind Olivia, while the OPA sat behind them, and agents dotted the room.

Then the court clerk started speaking: "Madam Foreperson, has the jury reached its verdict."

"Yes, we have."

"Is it unanimous?"

"Yes."

"Do you find for the plaintiff or the defendant?"

"We find for the plaintiff."

"Have you decided on the amount of damages for the plaintiff?"

"Yes."

"Is it unanimous?"

"Yes."

"Please state the amount for the court."

"The amount of damages we award the plaintiff is one dollar."


A/N: I've been reading your concerns about Fitz's sperm viability... honestly, I didn't think of it from that angle - too blinkered about making Mellie look bad!

As some of you have realised - I just wanted to show that Mellie was a hypocrite for calling Olivia a whore, and how the mantle of 'marriage' can hide a lot of secrets/scandals – especially in Mellie's case. (BTW, this is my little revenge for the ease with which 'whore' just rolls off Mellie's tongue in practically every episode!).

As for the other, well, Fitz is not impotent or low of sperm count. I just have to do a bit of research to make that plausible or find another dubious lazy-writer's explanation.

BTW, the verdict is based on an actual legal definition for damages - called 'nominal damages'. I first heard of it in the Luna Park (NSW) Ltd v Tramways Advertising (1936) case where Luna Park was awarded a shilling after Tramways stuffed up Luna Park's advertising contract. The judgement was that a breach of contract had occurred, but no real damage had been done.

USlegal website describes nominal damages as (1) a 'trifling or token allowance' for the technical invasion of a plaintiff's rights or a breach of a legal duty when no actual injury is shown.

I've used nominal damages for much shadier purposes ;)))))

Also as this is a civil proceeding, not a criminal one, at least from what I understand from what of Alienation of Affection is, rest easy that Olivia was never going to jail. :)