AN: Last night I had to call my boss because someone left the alarm in the wrong setting and I had NO idea why I couldn't get it to lock our building up. At least my boss thought it was funny.
Chapter 12
"Lieutenant Colonel, Commander, do you have your closing arguments ready?" Kerrigan asked them, noting the sea of dress blues of Air Force and Marines alike in the chairs behind the defendant with a small smile. Immediately behind Jack, his team sat together, Teal'c holding Sam's hand between his two larger ones for comfort and Daniel on her other side. They were appreciative of the support of their colleagues.
"I do, Sir." Harm told him.
"Yes Sir." Saunders said.
The space behind Bauer was conspicuously empty. SGC staff had pointedly moved chairs to the other side of the room without so much as a word.
Kerrigan made an absent wave of his hand to the LC representing the US and Bauer.
Saunders stood and started slowly pacing in front of the long table set up as a judge's bench. "Members of the Tribunal, we've all been tempted at one time or another to break the regs, haven't we? The difference is Colonel O'Neill, instead of doing what we all do which is look at the situation and put honor and country first, put his own desires first. He saw the perfect opportunity to get away with a victimless crime in his eyes and he took it. He knew what he was doing was wrong and he did it anyway. What difference does it make if he felt guilty while he did it? That clearly didn't stop him. And what's worse is he got away with tricking these people for months and decided once he'd broken the regs he may as well keep doing it." She punctuated each point by pounding her right fist into her open left hand.
"Colonel O'Neill used his status as leader of his team to take advantage of a woman under his command over and over again until she became pregnant with his child. He abused her trust and he violated the code of ethics that is the very backbone of this military. He knew regardless of policy his commanding officer would continue to search for him and his team and the only action he took was dishonorable and in violation of his training."
She stopped and faced Kerrigan and stared him in the eyes. "Colonel O'Neill is a disgrace to his uniform, sirs. He allowed his desires to override his training and that cannot be dismissed or ignored."
Saunders returned to her seat and looked expectantly at Harm, ignoring General Bauer who was glowering at her as though she'd underperformed.
"Commander Rabb, your closing arguments?"
Harm stood and gave General Bauer a pointed look before turning to the tribunal. "I'm not going to argue for making the regs flexible. There's no reason for me to. The fact of the matter is, the regs are clear in this case. What is also the fact was that Colonel O'Neill did everything in his power to protect his team including trusting his second in command to know how long they needed to game the system they were forced into without breaking the regulations set forth by their own military.
"The prosecution would like you to ignore how the law is written… ignore precedent. But that isn't how the USMCC or the USAF works is it?" Harm looked off thoughtfully for a moment.
"Can a dead man break the regulations? Even the doctor for the prison they were being held in admits to the timetable put forth by the entire SG-1 team. The fact of the matter is every action Colonel O'Neill took was an attempt to protect his people. He measured the consequences of each action and chose the path of least damage to his subordinate's military career regardless of any personal cost."
Harm looked at Jack who was sitting stoically at the defendant's table. "The man in that chair knew base policy and did nothing that would damage Major Carter's career until he was no longer legally her commanding officer. Because that's the reality here. Once they were declared presumed killed and their pensions were awarded to their surviving family members if they happen to have them, they had no further obligation to their government according to the very oaths they swore to uphold. At that point, their only obligation was to each other to keep their team alive so they could hopefully come home somehow. It does not matter what their commanding officer hoped. Only the law as it is written matters and that law holds no objection to decommissioned officers of any rank having a personal relationship."
Harm turned and faced the tribunal again. "We wouldn't even be here today in court had they not. They would still be considered deceased according to the US Government. None of them have even been reinstated yet. The prosecution would have us believe Colonel O'Neill jumped into bed with Major Carter the first chance he got when it is clear by all accounts nothing could be further from the truth. Even going so far as to fake the sounds of sexual encounters so they could continue the subterfuge in front of the medical staff that much longer. Colonel O'Neill went above and beyond duty to keep his team safe without breaking any laws. He's innocent of wrongdoing and the prosecution knows this." Harm glared at Bauer. The man was dirty. He had to be and Harm was going to make it his personal mission to find out in exactly what way.
"Sirs, the only just course this court may take is to find Colonel O'Neill not guilty and allow him to get back to his life."
"Does the defense rest?" Kerrigan asked Harm.
"The defense does, sir."
"All right, this court will now adjourn until a determination is made. We will contact counsels at that time." He tapped the gavel.
To a man, the members of the SGC got up and stood at attention and saluted the Generals and Admiral as they left the room so the Tribunal could begin their deliberations.
Once they were gone, Harm turned to Jack with a cautious smile. "That went rather well I think. Kerrigan is on your side. General Hickerson I'm not sure about. Your swing vote is Admiral Kirkja."
"You're going to fry, O'Neill, and then your doxie will with you." Bauer said as he walked up, the attorney he'd chosen to represent the government in the matter trying to hold him back.
As a unit the members of SG-3, 1, a dozen burly Marines from various units who weren't in the field today, and a smattering of other teams formed up around Jack. Staring Bauer down, Jack's face was as readable as a stone but Sam knew by his tense shoulders he'd very much like to punch the older man.
"General, I'll kindly ask you to not address my client directly…. Nor his team."
"I'll do what I damn well please, Commander. In case you have forgotten I'm the ranking officer in this room." Bauer snarled.
"Sorry, Henry, but you aren't now. Now if you don't mind, my people have jobs to do. They don't have time to play with you when you're off your leash." George said from behind him.
Bauer turned to Hammond, snarled, and stalked away. Saunders trailing behind him.
"Well then, why don't we go have lunch people? My treat." Hammond said with a small smile.
"It's a trap. He's treating us to commissary food." Jack told Harm under his breath. Behind him, Lou snorted with amusement. He cast about for a moment then his shoulders eased. Sam was still between Daniel and Teal'c and the look of blood curdling murder had left her eyes with General Bauer.
"Still better than the crap they served me in boot at Great Lakes." Harm said under his breath to Jack.
Three days later, the Tribunal contacted Harm about the determination. He walked into the guest quarters to see Sam and Jack sitting at the small table, drinking coffee in their base uniforms. It looked, he concluded… decidedly domestic. Then he heard a soft snore from a corner. An older dark skinned man with a golden symbol on his head very similar to Teal'c's was sprawled on the couch, head back, his hand protectively wrapped around the baby being held against his chest.
Jack's eyes tracked to the couch and he put a finger to his lips. "Master Bra'tac stopped in on business and wanted to meet the baby. She was fussy last night and he stayed up all night soothing her." He said softy.
"Ah." Harm said. The Colonel certainly had interesting friends. "Major, are you free this morning? The tribunal has made a determination."
Sam's face tensed into a concerned expression. "I can rearrange my schedule."
"Good. Court is at ten hundred. I'll see you there." He glanced at the snoring man one last time and quietly left, pulling the door shut behind him.
"Fit back in your blues yet, Carter?"
Sam walloped him with her newspaper she'd been reading. "I do if I borrow your second best pants."
Jack gave her a look that made her hum with need and color to rise up her cheek and down her chest into her black tank top. He grinned a little at the results. If he had to be on the edge because she was wearing his pants, he was going to make her think of exactly how he intended to remove them.
Daniel at least knocked before barging in. "Did Harm tell you guys?" He blurted. Utterly unaware his best friends had been stripping each other naked mentally a moment before.
"Yah. I need to change. My Class A's are in my quarters."
"Have Daniel grab my pants. He knows the combo on my locker."
"Did I miss something?"
"My skirt won't button yet. I have about an hour to hem Jack's spare pants to wear under my jacket." Sam explained.
"That's going to be too tight too." Jack said with a leer.
"Jack!" Daniel squeaked, scandalized.
"Relax, Danny. Hammond already knows where this is going. Either way they will force me out so I may as well do what I want."
"You don't think they will reinstate you?"
"Nope." He said, popping the p.
"Er, well, okay, I guess I'll go get you those pants, Sam. I'll drop them off at your regular quarters."
"Thank you, Daniel." Sam said to him with a sweet and rather amused smile.
After Daniel left, Sam chuckled. "Really, Jack?"
"After all the times he's cockblocked me with you?" Jack asked her incredulously.
Sam giggled, kissed his cheek as she walked by and left. "If Master Bra'tac wants to join us, call a nurse to watch Gracie."
"Okay mom." Jack said absently as he opened the closet door and pulled down the ironing board to touch up his slacks and shirt.
"All rise." The bailiff intoned.
One side of the room sounded suspiciously like a parade ground as SGC members rose as one and snapped to attention.
Jack's face as blank and Sam once again stood a couple rows back. All of SG-1 would have liked to sit directly behind Jack in solidarity but Sam had been concerned how it might look if Jack's first reaction went anything like the story he'd told her about the time loop incident.
Kerrigan waved everyone back into their seats. He smiled a little. He was glad the man's team was behind him literally. Not to mention the entire SGC. "Will the defendant please rise." He said.
Jack got to his feet again and stood at attention.
Kerrigan put his glasses on and looked down at a sheet of paper. "In the matter of Colonel Jonathan James O'Neill and the charge of sexual harassment… we find the defendant not guilty.
"In the matter of Colonel Jonathan James O'Neill and the charge of sexual misconduct… we find the defendant not guilty." He paused when a whoosh of relieved sighs filled the gallery behind O'Neill.
"In the matter of Colonel Jonathan James O'Neill and the charge of conduct unbecoming of an officer… we will dismiss the charges and restore all pension rights and privileges conditionally." He looked a little amused. "Major Carter, please stand."
Sam kept a straight face as she stood. She was glad Jack had warned her what might be coming. She got it, really, if she refused, Jack lost his pension. Arguably he'd invested his money well over the years but that wasn't the point.
"Major Carter, you are under no obligation to agree to the terms set forth by this tribunal and will incur no punitive measures should you do so. Do you understand your rights?"
"I do, sir."
"Good. Colonel, provisionally with the Major's agreement, of course, the US Air Force will reinstate your pension privileges provided you assume legal responsibility for your actions by marrying Major Carter within the next six months."
"What? How the hell is that a punishment?!" Bauer yelled. "He fucks her and you're rewarding him for it? This isn't justice! I demand a retrial with competent judges."
Kerrigan banged his gavel hard enough to shake the table. He glared at Bauer at the language used. "That is enough, General. The Tribunal's decision stands. This court is dismissed." He banged the gavel one more time and the Tribunal members are stood and left the room.
The members of the SGC took that as an indication to celebrate Jack's good fortune by standing and cheering then thumping him on the back affectionately.
When Bauer made a move to come closer, two hard eyed Marines moved to intercept and stood arms crossed, blocking his way. Bauer glared up at them before stalking away.
Meanwhile Jack had snagged Sam and was hugging her tightly, much to the delight of their coworkers.
And so ends part two… but wait… there's more…