Chapter Eleven

Point Mugu, California

Although Harm and C.J. had enjoyed their short trip, they didn't have the chance to spend much time together after going back to work. C.J. was busy with her insanely hectic daily schedule in addition to her working on the President's re-election campaign.

Harm was busy with various investigations and court cases, which took him out of the office several times. Though, for him, that was a blessing in disguise. On the one hand, while they talked a few times during the week, he didn't see C.J. very often. On the other hand, being out of the office meant that he didn't have to spend too much time with Mac. She had not taken their conversation, his rejection, well. When she didn't ignore him, she treated him worse than a hostile witness. Fortunately, the Admiral had realized that his senior officers were in a row again and tried to keep them apart as much as possible.

Sadly, their current case was too high profile for that to happen. While Mac and Sturgis were prosecuting, Harm and Lt.-Commander Tracy Manetti were defending Commander Beth O'Neil against the charges of sexual harassment of a junior male officer.

O'Neil was one of only two women to command a P3 squadron and was one of the Navy's shining female stars. Therefore, the media paid much attention to the case.

Harm couldn't wait for the trial to end because the case was taking its toll on him. Not only was Mac's attitude bothering and annoying him, but it also reminded him of his own experiences with Commander Allison Krennick. A woman he had thought little about for years.

Although he hadn't seen it that way at first, the fact was the 'Dragon Lady' had harassed him. She had been so blatant in her advances that even his former partner, Meg Austin, had to run interference several times. Later on, he had realized that he should have reported Krennick for sexual harassment. At the time, he had thought that his arguments against such a move had been solid. Early in this investigation, Harm had made himself a promise to check into Krennick.

If the situation with Mac and him taking a stroll down memory lane wasn't bad enough, O'Neil was covering for something, but he didn't know what and it was making their defense very difficult. He knew that he would have to be very careful in questioning his client.

"Commander O'Neil, did you offer to change Lieutenant Cursey's fitness report grade in exchange for sexual favors?" Harm asked his client.

"No."

"What did you discuss when you summoned him to your quarters?"

"The mistake he made on our last mission and how costly it was."

"Do you like the Lieutenant?"

"I think he has character and the potential to be a fine officer, which is why I couldn't let this one go. It was my way of lighting a fire under his six."

"So you strongly counseled him?"

"No, I tried to keep it relaxed and informal."

"Did you imply he was capable of cheating on his girlfriend?"

"That was a compliment that came out wrong. What I was trying to say was that because of his looks, other women would always pressure him. It was ill-advised and I regret saying it but it had nothing to do with me."

Yeah, no kidding, Harm thought.

"And when you paused before signing your report, Commander?"

"I wanted to see if I'd made my point about his performance."

"And how did the Lieutenant respond?"

"He glared back at me."

"Thank you, Commander. That'll be all."

Now, it was Mac's turn to question O'Neil, and Harm didn't look forward to it. He had realized rather quickly that Mac was on one of her quests, taking the case personally.

"Commander, do you agree with Lieutenant Cursey that his error was because of his equipment being reset?"

"A scheduled maintenance had inadvertently altered some of the Lieutenant's settings, but he was aware of the procedure and should have checked his equipment prior to the mission," O'Neil replied.

"Given the mitigating circumstances, many would consider a bad fit rep unduly harsh."

"Not if they understood the consequences of the mistake."

"But all your other reports on the Lieutenant were positive."

"Yes, because they reflected my belief in his potential, yes."

"But on that night you wrote him up in a way that adversely affects his chances of promotion."

"Not if he turns it around."

Mac changed her line of questioning. "You're divorced, is that correct?"

"Objection." Harm tried to stop that line of questioning. "Your Honor, the Commander's divorce has no bearing on this case."

"Your Honor, another officer has testified to the Commander's desire for male companionship. I'm establishing the relationship between her divorce and that fact," Mac stated her case.

"The defense fails to see the connection, your Honor."

"Well, I'm certain the government will provide it," the Judge replied. "Overruled. Tread lightly, counselor," the Judge warned Mac and turned to O'Neil. "Answer the question, Commander."

"It will be three years in January," O'Neil replied.

"And how many men have you been within that time?"

"Your Honor…" Harm objected.

"Overruled, Commander."

"None."

There were some murmurs in the courtroom.

"You haven't had one sexual encounter in three years? Do you expect us to accept that given your stated interest in men?" Mac asked sarcastically.

"Yes."

"You're under oath, Commander," Mac badgered O'Neill.

"Objection. Argumentative," Harm protested again.

"Sustained. Back off, Colonel."

"The witness hasn't satisfactorily…" Mac tried only to be interrupted.

"Asked and answered. You're badgering the witness," the Judge replied.

"Your Honor, I'm just trying to explore what's already been established in testimony," Mac tried again.

"Do it another way."

"But, Your Honor…"

"Either move on or sit down," the Judge said impatiently.

Mac wanted to try again, but the look on the Judge's face told her that she had pushed as far as she could.

"Nothing further."

A few minutes later, Harm, Manetti, and O'Neill were sitting in a conference room.

"Thank you, Commander, for trying to stop the Colonel's line of question into my relationships," O'Neil thanked Harm.

"You're welcome."

"What has she got against me?"

"I don't think it's personal, Commander," Manetti replied. "I just think the Colonel doesn't believe you."

"Well, then she was projecting."

"Was she?" Harm interjected. Both women looked at him. "Well, it doesn't add up, Commander. You're an attractive woman. You're powerful, successful…" Harm said.

O'Neil looked at her attorney. "I don't believe this..."

"Ma'am, I have to agree with the Commander on this one. It's a bit of a left turn," Manetti said.

"I was telling the truth," O'Neil pleaded with her attorneys to believe her.

"You haven't had one sexual encounter in the three years since your divorce?" Harm asked disbelievingly.

Commander O'Neil sighed. She knew it was time to come clean with her attorneys.

"I have had sexual encounters, but not with men."

Harm and Manetti were silent for a moment and looked incredulously at their client.

"Commander, you had attorney/client privilege. Anything you tell us is confidential. 'Don't ask, don't tell' didn't apply here," Harm told her exasperatedly, throwing his arms in the air. He wasn't so much bothered that the woman was gay. In fact, he knew several enlisted and officers that were gay and suspected that some of the current and former personnel at JAG HQ were gay.
To him, the ongoing discrimination of his brothers and sisters in uniform that were gay was wrong. As long as they did their job right, he didn't care who they spent their time with at home. However, he knew that there were still a high number of people in uniform and civilians that didn't share his opinion. Sadly, he wouldn't ever be able to change that.

What bothered him, though, was the way she had tried to compensate for her sexual orientation.

"Ma'am, you could have told us you were gay at the outset," Tracy agreed with Harm.

"I don't tell anyone I'm gay. In any case, it wouldn't have done you any good. You couldn't use it. As soon as you bring it out, I'm out," O'Neil defended herself.

"Well, let's talk about that. Why don't you resign, clear your name, live openly?" Harm asked.

"Because I like what I do as much as who I am. Would you ask that of yourself?"

Harm thought for a moment at Mac's ultimatum at the Guadalcanal. "I don't know, Commander. But are the alternatives any less palatable?"

"I've been dealing with it," O'Neil said stubbornly.

Harm looked disbelievingly at her. "You think this here is dealing with it?"

"How long did you know before you told your husband?" Manetti asked.

O'Neil sighed. "I've always known."

"You have a 'Don't ask, don't tell' policy in your marriage agreement?" Harm asked sarcastically. He hated it when his clients lied to him, even if it was a lie of omission.

"It's not easy revealing that kind of thing to someone you care about," O'Neil deflected.

"Well, you can't even reveal it to people you don't care about," Harm pointed out and sighed. "Commander, I spent the better half of this hearing disbelieving you and not knowing why," Harm said. "We wasted time," Harm said, frustrated.

"Ma'am, just so I understand: your attraction to Lieutenant Cursey, that was all just a smokescreen?" Manetti asked.

"Yes. I admit, I overcompensated especially around female personnel," O'Neil said. She paused for a moment. "Look, I-if this is a problem, I could request new counsel."

"Commander, you're innocent of the charges. Why would we bail?" Tracy asked.

"We wouldn't. We won't. Doesn't mean we can win," Harm added.

Harm stood in the hangar, watching the rain on the outside. He heard Mac walking up to him and sighed. He wasn't in the mood for their usual spats. After the past few weeks, he'd rather negotiate with Sturgis.

"You caught a break this morning," she said without greeting.

"If you say so."

"Dismissal. No confinement."

"Commander O'Neil is innocent, Mac. Have to play this one out."

"Suddenly you believe her?" Mac asked surprised.

"What makes you think I didn't?" Harm deflected.

"You were considering a deal."

"Maybe for a second."

"Well, enough to let me know you had doubts," Mac stated.

He had to give her that. "Not anymore."

"She's clearly covering, Harm," Mac said, heat creeping into her voice.

He shrugged. "Think what you will."

"I think you're in denial, Harm."

Harm rolled his eyes. "You ever considered a career in psychiatry?"

"No."

"Well, that's good. I'd follow that instinct. Maybe you're the one who's in denial."

"I don't ogle junior officers and advertise my interest in having sex with them," Mac replied heatedly.

Harm was about to ask whether she was interested in sex with junior officers, but decided against it. There was no way that there could come any good out of such a question. In her current mood, she would take that as an attack and would react accordingly.

Mac talked on. "The woman's got a serious problem, Harm."

"Don't I know it," Harm thought about O'Neil's revelation.

"Female officer role models don't act like 14-year-olds at the mall. She may be top in performance, but she is at the bottom in behavior," Mac stated vehemently.

Oh, here it is, Mac's hypocrisy.

"Oh, that's rather insensitive coming from someone who got a law school recommendation from a senior officer with whom she was having a torrid affair," Harm replied. "Or maybe it's just arrogance."

Mac looked stunned. "Really, Harm, you're going there?"

"It was an obvious point to make."

"That was a mistake. I was young and, at the time, no one was looking to me as an example of leadership. Because of her status, the Commander's actions have damaged the integrity of female officers everywhere. Pure and simple."

"The truth is rarely pure and never simple, Mac."

Harm said and walked away, not giving Mac the time to reply.

The next day, Harm was sitting in a conference room, reading through his files again, when Manetti entered the room.

"I have something for you, Commander."

Harm looked up. "What is it?"

"Old tradition, sir. When I was young, I'd take the paper rings off my daddy's cigars and give them to my friends."

"You consider me your friend?" Harm asked, surprise clear in his voice.

"I will when you learn to trust me," Manetti said, making her point.

"Well, the feeling's mutual, Commander."

"That's why I have two," she said and held up a second paper ring.

"Hmm. Does this mean we're engaged?" Harm asked chokingly.

"Only in a struggle of wills, sir," Manetti replied. "So you thought Commander O'Neil was covering. I thought she was innocent. We were both right."

"Oh, well, none of it's going to matter if we don't come up with a workable strategy," Harm stated.

"I'm looking to you, sir."

Harm sighed. "Commander, so far, we've been focusing on trying to disprove the allegations. I think we need to take the offensive and start trying to prove something like Commander O'Neil had every right to give Lieutenant Cursey a bad fit rep, regardless of what he perceived." Harm laid out an idea he had.

Manetti thought about it for a moment. "The only error of the plane's aircrew or cause was the one that the Lieutenant has already acknowledged," she said. "We'd need to establish a pattern of errors to make that fly and Commander O'Neil's after-action reports are clean."

Harm nodded. He knew Manetti was right. "Well, I'm thinking this has more to do with Commander O'Neil and less with Lieutenant Cursey's performance," Harm thought out loud.

"I'm not sure what you mean, sir."

"When the Commander testified, she said 'I couldn't let this one go'. It got by me at the time."

"You're saying there were maybe other incidents?"

"Undocumented ones."

"Well, if Commander O'Neil didn't feel they were important enough to report, then they're probably not important enough to count."

"Let's find out."

Point Mugu, California

Courtroom

"Lieutenant, these are after-action reports from missions from which you've recently served. This first is dated last Tuesday. It's from Lieutenant Commander Michael Dross, your current aircraft commander. He noted you failed to update the plane's position relative to a sonar buoy field."

"I'm aware of the mistake, sir. Commander Dross pointed it out," Cursey replied.

"And this is from this past Monday. He says you gave him a dead channel, and he had to find the correct frequency in the cockpit and switch it on."

"Yes, sir."

"Twice."

"I know, sir."

"Suddenly making a lot of mistakes, Lieutenant."

"I've been tense, sir."

"Or maybe you've been making them all along and Commander O'Neil was aware that you get tense and let them slide. The minor ones, at least," Harm suggested.

Cursey thought about it. "But, sir, if that's true, couldn't that mean she's currying favor?"

"If she'd made you aware of them at the time, but she didn't, did she?"

"No."

"Because these are the type of mistakes, Lieutenant, that are easily covered up and ignored. Did you ever consider that given the Commander's leadership style that she didn't want to undermine your confidence by continually harping on the minor mistakes? Mistakes she knew you were aware of. Until you made a mistake that couldn't be overlooked. Maybe you got it all wrong, Lieutenant. Maybe you're so used to being defined by your looks that a whole host of scenarios has failed to occur to you. Must be overwhelming to feel that everybody wants a piece of Jack Cursey.

"Your Honor…" Mac objected.

"Sustained. Ask your questions, Commander."

"I only have one, your Honor: Is it possible, Lieutenant, that you failed to give back the one thing you felt you deserved from your mentor? That night in her quarters: the benefit of the doubt. Do you think, Lieutenant, that maybe you misinterpreted Commander O'Neil's intentions?" Harm asked.

Cursey was silent for several moments.

Harm could see that he was actually thinking about his previous questions and back to O'Neil's behavior towards him.

"It's possible Sir."

"Thank you."

After a recess, they were back in the courtroom.

"Would the defense please rise?" The judge ordered. "Commander O'Neil, based on Lieutenant Cursey's lack of faith in his own allegations, I have determined the evidence insufficient to support the charges and recommend against court-martial. However, I would take a good long look at what you project to those with whom you serve. This hearing's adjourned."

The judge said and pounded his gavel.

Beth O'Neil turned to her lawyers. "Thank you, both."

"Well, you have yourself to thank, Commander," Harm said. O'Neill looked questioningly at him.

"Lieutenant Cursey finally displayed the character you always believed he had."

"If only I were as noble. Is that what you want to say?" O'Neill asked.

"Those are your words," Harm replied without truly answering the question.

"I've been thinking about your situation, Commander," Manetti interjected herself into the conversation. "Regardless of policy, we owe it to ourselves to live our lives truthfully. Think about that, Commander. Female role models are hard to find," Manetti told O'Neil.

O'Neil looked from Tracy to Harm and said, "You two confuse the hell out of me."

She said and walked away.

Sturgis and Mac walked up to them. "The Colonel and I need some mediation," Sturgis told them. "I stand convinced Lieutenant Cursey was mistaken. Mac thinks you snowed him into believing he was."

Harm chuckled, but didn't reply.

"What was she hiding, Harm? What don't we know?" Mac pressed.

Harm and Tracy looked at each other before responding simultaneously, "Don't ask." "Don't ask."

Café Maria

Columbus Avenue, Washington D.C.

This Thursday, time permitted another meeting. Though, these days they were actual dates. They hadn't seen each other for two weeks now, as C.J. had been out of town with the President. She had told him about her work, some anecdotes about her colleagues. Despite their stressful job, there were always some things that made them laugh. Something they all needed between the normal day-to-day operations and the campaign trail.

Harm, however, hadn't been laughing much the past two weeks. First, there had been the case of the USS Angel Shark which went missing at sea in the Pacific, December 21, 1968. For nearly 34 years, the families of the 129 men on that boat hadn't known what had happened to their loved ones.

That case had hit too close to home for Harm.

The run-around the CIA had given him had also been painfully familiar. He had even contemplated calling C.J. for help, but decided to not bypass the chain of command. Surprisingly, Clayton Webb, his CIA associate, had come through for him.

Despite the agency's run-around, their attorney, Catherine Gale, had impressed him

He told C.J. so. "Should I be jealous?"

She meant it as a joke, but she could instantly see from Harm's reaction that he had not taken it as a tease.

"No, absolutely not. First, I don't cheat. There have been a few occasions in the past when I haven't acted as I should have, but I have never been unfaithful in a relationship. Second, despite what Mac likes to think and say, I don't jump into bed with every blond woman I meet," Harm said strongly.

C.J. grabbed one of his hands into her own and squeezed. "I know you wouldn't do that. I meant it as a joke. I'm sorry that I hurt you."

Harm took a deep breath and exhaled slowly. "No, I'm sorry, C.J. I'm wound up. Work hasn't been easy."

"Why?"

"For several reasons. Mac was flagged as a judge for my last case. I think she enjoyed making my life as difficult as possible. You know, I wasn't expecting any favors, but she was especially hard on me. With any other judge, I'd have won the case days earlier. She was very relentless. Every time I worked to an advantage, she slapped me down," Harm complained. "She's still angry with me. And it hasn't helped that she hasn't won any case against me since our dispute weeks ago."

"I'm sorry to hear that and even more so for the role I played in your problems."

"Don't worry, C.J. Even if you hadn't interfered, I'm pretty sure she and I would have had another dispute. It's been that way for years. And I'm tired of it. That's one reason I told her that we never would be anything more than friends," Harm stated.

C.J. squeezed his hand again. Harm had told her about that conversation and knew how difficult it had been for him to come to that conclusion.

"It's more than that. We had another case when a female Lieutenant, a former colleague of hours, was found pregnant on a ship and she was asked to investigate whether it happened on board. If that had been the case, it would have been the end of the Lieutenant's career.

Flashback begins

"Has anyone asked Lieutenant Singer who the father is, sir?" Harm asked Admiral Chegwidden. "Certainly, if it's not someone aboard the Seahawk, the whole matter can be dispensed with."

"She's been asked repeatedly. She refuses to name the father or discuss the incident. If she got herself pregnant aboard that ship, it'll damn sure be the end of her naval career," the Admiral growled.

"All I'm saying is that as an officer, she should be taken at her word."

"What word? All Lieutenant Singer will say is that she didn't conceive aboard ship," Mac said mockingly.

He looked at her. Her entire demeanor told him what Mac's position was in that case.

"That's all that matters," Harm said firmly.

"She's provided her CO nothing in the way of evidence," Chegwidden said.

"Well, how do you prove a negative?"

Chegwidden looked at Harm for a moment. "With a name, Commander," the Admiral replied.

"I'm surprised you're defending her, Harm," Mac sarcastically. Everybody knew that Harm didn't like Singer very much.

"Somebody has to. Sounds to me like you've already made up your mind," Harm simply replied.

"I'm approaching this investigation with an open mind," Mac claimed.

"Yeah, I'm sure you are, Colonel." The sarcasm was clear to hear to the other occupants in the room. "I don't fault her for finding herself in this predicament."

"It's her refusal to aid in her defense that makes me wonder," Mac said.

"Wonder what?"

"Wonder if she's guilty," Mac insisted.

Flashback ends

Harm told C.J. about that conversation in broad strokes without telling her any details.

"The entire conversation reminded me of the various times when Mac had decided about an investigation or the guilt or innocence of somebody even before asking one question. You know how important getting the truth is for me. Sure, sometimes I had formed an opinion about a case before starting to investigate, but I can't remember having made my mind up. And it's bugging me more and more because there are few things I could do about it."

"What do you mean?"

"Well, we had that conversation in front of the Admiral, but he didn't seem to mind. If I had said something similar to Mac, he had ripped me a new one."

"So, what you're saying is that when the Admiral does nothing when he is a witness to such behavior, there are few options left for you?"

"Exactly." Harm exhaled slowly. "You know I think it might finally be time to change my billet."

C.J.'s eyes widened. From their previous conversations, she knew what that admission cost Harm. "What do you mean?"

"Look, normally, you stay a few years in one billet, especially one like JAG HQ, before moving on. I've been there for around seven years, even with my short time away after I changed my designation. A change could be good for my career," he replied.

His next words shocked her to the core. "Maybe leave the Navy and go into the reserve."

"Where did that come from? From all you ever said, I thought you loved your job and billet at JAG."

Harm sighed. "I do. I did. It's just…" Harm paused for a moment. "You remember the reason I came to the White House the first time we met?"

C.J. looked around for a moment. While nobody seemed to listen in, she was happy that Harm was being careful. "Yes, I remember."

"The Admiral told me that somebody else was taking over those duties."

C.J. looked shocked again. "Why? You've done a great job so far."

"I did. The Admiral didn't give me a reason but said that he was ordered to make the change. He seems to think that I was too close to the White House."

There was a moment of silence as C.J. digested those words. "When you say 'too close to the White House', you mean…"

"Yes, you and me."

"For cry…" C.J. had to fight herself to remain calm and not shout out loud what she thought about that. "I don't… I don't know what to say. I'm sorry, Harm."

Harm took one of her hands into his and squeezed it softly. "You don't have to say anything about it, C.J. It is not your fault. And neither is it mine. I'm not too surprised about it, anyway."

"What do you mean?"

"Well, Secretary Nelson appointed me. While he wasn't my biggest fan, he respected me and my abilities in and outside the courtroom. Secretary Sheffield doesn't seem to like me, or anybody at JAG, very much."

C.J. raised an eyebrow. "What do you mean?"

"He has assigned somebody to audit JAG?"

"What?" C.J. had heard nothing at work. Then again, people there knew that she was close to Harm. She guessed that Leo and the President left her out of the loop about things concerning JAG. If they actually knew anything about it.

"The problem is that he assigned a man who has a grudge against the people at JAG in general, and me in particular. When I came to JAG, Commander Lindsey was the assistant to the then JAG, Admiral Brovo. Later, he briefly served as acting Judge Advocate General in between Brovo and Chegwidden. However, the Admiral didn't keep Lindsey on the staff," Harm explained.

"Anyway, Lindsey had no problem letting everybody know what he thinks from the senior staff. And I am sure that his report will mirror his feelings towards us."

"Okay, that doesn't sound too good."

"No, it doesn't. And I'm wondering what SecNav intended with this. He had to know that Lindsey had a grudge against us. Most JAG officers know, and I don't see how it didn't get to his attention."

"You said that twice now. Why does he have a grudge against you?"

Harm sighed. "Well, he doesn't like the Admiral because he didn't keep him on staff. And then there is the fact that he still has the same rank as he did when I joined JAG. I was a Lieutenant back then."

"Oh, that would do it."

"Yeah, we're all waiting for his report and it's stressing out people," Harm said and took a sip of his coffee.

"Anyway, back to your question. I've been at JAG long enough. If I want any chance to advance, I need another billet to broaden my experience. But to be honest, I don't know whether I want to start over somewhere else again."

"Why would you start over somewhere else? Aren't there any posting here in D.C.?"

Harm sighed. "There are a few in general. But there is nothing open at the moment on my level or what would help me advance. And I'm not too happy about working at the Pentagon."

"Alright. Is it bad enough for you to leave the Navy and go into the reserve?"

Harm sighed. "Not really, at least not yet."