Chapter Seventeen
The West Wing - Monday
C.J. was outside waiting for the presidential motorcade to arrive.
"Good morning, sir."
The military police has taken under arrest A navy pilot, Lieutenant Vickie Hilton,
"You're going to hear a story."
"Uh-huh. I am a character in this story?"
They walked towards the West Wing.
"Well, I suppose that's up to you. A navy pilot, Lieutenant Vickie Hilton, has been taken under arrest by the military police. She is being charged by the JAG with having an affair with a married subordinate, a Chief Petty Officer," C.J. explained.
"I don't see me being a character."
"Well, heads up anyway."
"Thank you."
Bartlet met up with Leo. "Good morning, sir."
"Hey."
"How did it go?"
"Could have gone better," Bartlet said. He paused for a moment. "Hey Leo, I didn't think adultery was against the uniform code."
Leo looked at his boss for a moment. "You're talking about Vickie Hilton?"
"Yeah. Is it against military law?"
"No. They don't like fraternization in the military. However, that's not her problem."
"Then what is?"
"Her thing isn't just the affair, it is the failure to follow an order," Leo explained.
The President thought about it for a moment. "They told her to stop?"
"Yeah."
Bartlet shook his head. "What can she get?"
"She could go to jail for two years."
"For failure to follow an order?"
"Sure."
"We should have that here," Bartlet stated.
The President walked into the Cabinet Meeting Room where the members of his Cabinet were waiting for him. When he entered the room, they applauded him loudly.
"Good morning, Mr. President," a Secretary greeted him.
"Good morning, Mr. Secretary, ladies and gentlemen, and welcome to the final Cabinet meeting of Bartlet One. I don't know if this is true, but a presidential historian told me that this was the most stable cabinet since Hoover's. Which is nice, but you got to think, how many other jobs were really available? But here are the facts. You created over nine million new jobs and the highest home-ownership rate on record. Over 150 new trade agreements. You created the largest expansion of college aid since the GI Bill. Cleaned up over 500 toxic waste dumps. And you did it all while eliminating 16,000 pages of federal regulations. Not bad for government work. Thank you," Bartlet said and left the room under another round of applause.
Leo motioned Carol to show a reporter and cameraman out. When they were out and the door shut, he turned to the Cabinet.
"I'll add my thanks, and I'll need your letters of resignation by 7:00."
Josh's Bullpen Area
Josh and Donna walked through the bullpen area.
"There are some new people around here," Josh observed.
"Cabinet Affairs installed some temps, so you'd have extra staff during the vetting period," Donna replied.
They entered Josh's office.
"Which is good," Josh said.
"But?"
"I'm not one to give fashion advice..."
"No, you're not," Donna said, smiling.
"But one of them is wearing a... a, uh... a Star Trek pin. Is today a special Star Trek holiday or something?"
"How the hell would I know?" Donna asked, surprised.
"Okay, well then, would you find out? And if it's not, you know people walk through here and it's not the most confidence-inspiring sight to see in a White House employee, so if you could ask her to..." Josh said.
"It's a 'her'?"
"Yeah. Can I have my briefing memo?"
Donna handed it to him.
"Thank you."
They walked back out of Josh's office.
"Hang on. I'm doing you a favor. Now you have to do me one," Donna said.
"You're... almost there, but you're not quite getting it. When it's something you're paid to do, that's not a favor," Josh stated. "What do you need?"
"Nancy McNally has a new military aid named Jack Reese. He and I talked a few times, and I want you to ask him if he likes me."
"Wow, I'm definitely not going to do that."
"How many girls have I gotten for you?"
"Aren't those basic women who've come up to you and said, 'Is that Josh Lyman?'"
"Yes."
"And you said...?"
"'Yes' every time."
"Well, I'll properly I.D. you for him, no problem," Josh joked.
"Just a bit. All you have to do is introduce yourself and remind him that I work for you and see if he says anything."
"I can't, Potsie. Ralph and I are double-dating the Dubrusky twins."
"I am asking for something very little and you know, you know how lame I am with this."
"That's true."
"That was for the fashion."
"Yes."
They reached the Northwest Lobby where Amy was signing in.
"You'll do it?" Donna asked.
"Hey, what is she doing here?" Josh asked Donna.
"She's got an appointment with you right after senior staff," Donna said.
She turned to Amy, "We're running about 15 minutes behind."
"At 10:00. That's, like, half an hour ahead," Amy replied.
"I know, we're very proud," Donna said.
"What's the meeting about?" Josh asked Amy.
"You'll do it?" Donna asked Josh.
"Yes. "
Smiling, Donna walked away.
He turned to Amy, "I don't know what our meeting is about."
"It's about Vicky Hilton. And I'm here in no official capacity and I'm wielding nothing, but the League of Professional Women is interested in supporting her. They've asked me if I could help them get time with the President."
They walked to through the hallway.
"There's no way the White House is going to get involved in it. It's a military thing," Josh replied.
"Civilians run the military. Not only is it okay for you to get involved, but you're also supposed to. It's the law," Amy said.
"And the Commander-in-Chief chooses not to overrule his commanders."
"He chooses to do that without hearing informed argument?" Amy asked.
"Yes, 'cause then when he says 'no', I got a problem with women."
"Except that my friends and I can give you a problem with women right now," Amy threatened.
Josh looked at her for a moment. "What happened to 'I came wielding nothing'?"
"I forgot that women just got him re-elected. Evidently, you did too."
"'Evidently, you did, too,'" Josh mimicked Amy.
There was a brief pause as they look at each other.
"All right, we'll talk in 15 minutes."
"'All right, we'll talk in 15 minutes,'" Amy mimicked Josh.
"Shut up."
"You shut up."
"Oh, God help me some days," Leo plead as he walked past them.
Josh and Amy looked chagrined at each other.
The Oval Office
C.J. walked into the Oval Office, where the President and Leo were talking. "Good evening, Mr. President. Leo."
"Hey, C.J. What are you still doing here? Weren't you supposed to meet with your sailor and Mattie?" Bartlet asked.
"Ah, yes, sir. That was the plan."
"But?"
"There was a change of plans. It's girl's night."
"Your first one together?"
"Yeah."
"Are you looking forward to it?"
"I do. You know I love spending time with Hogan. So, I have a lot of experience with a girl's night."
"That you do. Have they met?"
"Mattie and Hogan?"
Bartlet nodded.
"Yes, they visited us last weekend."
"How did it go?"
"After an awkward start, it went well, I think."
"That's good. From everything you told us about Mattie, she is going to need more friends," Leo said.
"Yeah, that she does."
"May I ask what happened to the Commander?"
"Ah, yes. About that. You remember earlier today when I told you you're going to hear a story?"
"Yeah, the Vicky Hilton case," Bartlet said.
"We don't want to have that near the Oval Office," Leo added immediately.
"Yeah, that's going to be pretty difficult."
Hearing that, Bartlet and Leo turned to C.J.
"Why is this going to be difficult?" Leo asked, treading the answer.
"Well, I just was informed that Lieutenant Hilton was charged with various violations of the UCMJ: Article 90: Willfully disobeying a lawful command of a superior commissioned officer; Article 133: Conduct Unbecoming of an officer; Article 134 Action prejudicial of good order and discipline."
"That was fast. Did the investigators find enough evidence for a court-martial?" Leo asked.
"Not exactly," C.J. replied.
"What do you mean 'not exactly'?"
"Well, the convening authority, a Captain Hubbard, decided to go directly to trial."
"Can he do that?" Bartlet asked Leo.
"He can," Leo replied.
Leo turned to C.J. "How do you know that, C.J.?" Leo asked. "I have heard nothing about that yet."
The President thought he knew the answer to that question. "Does that have anything to do with the reason you're still here?"
"Yes, sir. Commander Rabb called me. He got the case," C.J. replied.
The two men were silent for a moment.
"And although your relationship isn't common knowledge yet, the case will get so much media attention that people will look into all parties involved. And when they find out that your boyfriend is involved, it will get much more difficult to stay out of it," Bartlet summarized.
"Yes, sir," C.J. replied. "Well, sir, it gets worse."
"How's that?" Bartlet wondered how it could get worse.
"Harm told me that Congresswoman Bobbi Latham has taken a personal interest in the case and will attend the trial on-site," C.J. told her bosses. "So is the League of Professional Women, represented by Amy Gardner."
"Oh, for crying out…" Leo said.
Congresswoman Roberta 'Bobbi' Latham was the Chairwoman of the House National Security Subcommittee. She was known throughout Washington as a strict advocator of women's rights, especially in the armed forces. All knew her attending the trial would even heighten the media circus.
"Yeah, Harm wasn't thrilled about it, either. They have clashed a few times in the past," C.J. said.
"I can imagine," Leo said.
"Apparently, the Congresswoman has made it clear that, quote, 'The old boys' network that has a bias against women in combat is about to get a wake-up call'," C.J. told them.
"Great. As if the whole affair wasn't difficult enough, she's turning it into a crusade," Bartlet sighed.
"We have to try to limit our exposure, C.J. Refer all questions you get to the Pentagon," Leo ordered.
"Of course, Leo."
"Has the Commander told you anything else?" The President asked hesitantly.
"No, of course not. He just told me he got the case and would be out of town for a few days. And that he would try to limit the contact so that nobody could accuse the White House of undue influence."
"That's probably for the best," Bartlet said. "Is he prosecuting or defending Hilton?"
"He's defending her."
"Thank you, C.J. Now, go home and enjoy your evening with Mattie.
"Thank you, Mr. President. Leo."
Press Briefing Room - TUESDAY
"The latest talks, would you say they signal a shift by the White House away from containing the greenhouse gases?" A reporter asked.
"No, I definitely wouldn't. The President's fully committed to Kyoto and thinks it's time we began adapting to the impact of greenhouse gases is all. Mark?"
"Commander Vickie Hilton is quoted..."
"I'm just going to stop you right there direct you to the Pentagon. Susan."
"Congresswoman Latham said that 'Women were to stay in the military and that they deserve equal treatment'. Any comments?"
"Of course, the White House shares the opinion of Congresswoman Latham that female soldiers should be treated equally to their male brothers-in-arms."
"C.J., a few months ago you attended a States Dinner with Commander Rabb. And you have been seen together several times since then. Would you say that your relationship with Commander Rabb is an unfair advantage for the defense? And that it indicates the views of the White House are?"
C.J. inwardly sighed. "Again, let me direct you to the Pentagon again. Also, the White House does not comment on the personal life of its staff. Mitch."
"C.J., I wanted to ask you about your reshuffling of the seats."
"Well, we already discussed that, but if you want to talk to me more in my office...
Josh's Bullpen Area
"Okay, I'm going to see Fitzwallace," Josh told Donna.
"Yeah."
"Hey, I saw earlier that the temp isn't wearing the pin anymore. Thanks."
"She's kind of worked up about it."
"Why?"
"I don't know."
"All right. Hang on."
Josh walked over to the temp's workstation. "Hi. I'm Josh Lyman."
"Janice Trumbull."
"Nice to meet you. The reason why I wanted you to take off the pin is just around the White House, you understand..."
"I'm appealing your request to Stacy."
"I'm sorry?"
"My supervisor is Stacy."
"Right, except Stacy works for me."
"Okay, well, you got the cards, but Star Trek and the entire Starfleet series are about honor and loyalty and civic duty and the fact that you don't think that those are characteristics that should be displayed inside the White House is sad. But I wouldn't expect you to understand those kinds of things," she stated vehemently. "Anything else?"
"No."
Josh walked away from Janice and joined Donna.
"See what I mean?" Donna asked.
"Shhh, shhh, shhh."
"What?"
"She is... well, one of the special people."
"Yeah."
"She's taken off the pin. We're going to let it be."
"I'm assuming you haven't talked to Jack Reese yet?" Donna asked.
"That's right," Josh replied. "What do you think about this Vickie Hilton problem?"
"I think you know what I think."
"No, I mean about whether it's right for the White House to be involved."
"That's a harder question. I've been thinking about it and..."
"You've got to go faster next time. I'm here already."
"Yeah."
Josh walked into the Mural Room where Admiral Fitzwallace was reading the newspaper.
"Mr. Chairman, thank you. Hope you haven't been waiting too long."
"Josh," Fitzwallace greeted back. "No, I never get to read the sports section anymore. I think I know what this is about."
"Yeah, there's going to be pressure from women for the President to intercede, especially now that Congresswoman Latham has taken an active interest. I was hoping we could find a way to intercede without involving the President."
"These things are handled at the Commander's level in the Navy, and I wouldn't step in unless it's the President's pleasure to order me," Fitzwallace said gruffly.
"I understand. The thing is she isn't just any pilot. She's like Jackie Robinson. She's busted a lot of barriers. She's the first woman at Miramar, the first woman to fly the F-14 Tomcat, she teaches on an F-14," Josh stopped talking when he saw Fitzwallace's expression.
"I guess at this point I don't have to give you her résumee."
"No. But could you tell me more about Jackie Robinson and breaking barriers?"
"Just out of curiosity, if you could step in, would you save her?"
"No. I'd discharge her, dishonorable, and that's pretty likely to happen. As good as a lawyer Commander Rabb is, I don't think that he'll be able to pull a rabbit out of the hat this time," Fitzwallace said, and stood up to leave.
"I have to tell you, it just doesn't seem right to me," Josh said.
"I know it doesn't."
"Admiral, you know I have all the respect in the world for you, right?"
"Yes."
"And if I didn't, I'd respect the uniform, the rank, and the position anyway?"
"What is it, son?"
"I feel like I have to go to Leo."
"Good. That's the way it's supposed to work," Fitzwallace said, and left.
The White House Portico
Bartlet and Leo were walking along the portico.
"You're going to talk to Berryhill?"
"Yes, sir."
"He wants to feel loved."
"Yes."
"You'll make him feel loved? I want him in the Cabinet."
"Yeah, he's going to feel all kinds of love."
"Thank you."
"Josh came to me yesterday about Vickie Hilton," Leo said.
Bartlet sighed, "You think we should get involved?"
"No, but you're gonna have problems with the women."
"Abbey and the girls?" Bartlet asked.
"No."
"'Women'?"
"Yes."
"'Cause I got to tell you, I've been hearing it from Abbey and the girls."
"I'm sure."
"What do you think?"
"It stays out of the Oval Office."
"No, I meant about Vickie Hilton."
They walked inside The Oval Office. "She disobeyed an order. You simply can't do that," Leo replied.
"Sure. Yes, but isn't there some question as to whether it's practical to give that order in the first place?"
"You want pilots overruling their superiors with regard to what's practical and what's not?" Leo asked.
"No, I'm just saying there are few sides to this."
"That's for sure, and you just heard mine."
"But we'll hear no others because we don't want it in the Oval Office."
"Right."
"I really wish I could talk to Commander Rabb."
Leo looked at Bartlet incredulously. "No way, you can't."
"I know that, Leo. But…"
"Yeah, I know. Toby said something similar yesterday."
"You know, I'm pleasantly surprised that he tries to keep the politics out of the trial. And us out of it, too."
"Yeah, he doesn't have a simple task. I saw Congresswoman Latham's press conference. He didn't look impressed with her."
"No, he didn't. He also has said nothing to C.J. about involving the White House."
"Did you think he would?"
"No, not really. But with all the pressure he's under, it would have been understandable if he had done so."
"Sure. But the Commander understands that those affairs are handled on a certain level. That there is a chain of command. And, knowing what I do about the Commander and his experience, I'd say he had much more complicated cases."
"Yeah. Anything else?"
"No. Thank you, Mr. President."
Leo went to his office. Bartlet looked in that direction before reading a file he picked up from his desk.
The Oval Office - Thursday
Charlie waited while the President was signing papers.
"He's wrong. Leo. I mean. Are we to live with the assumption that there are no men in the services who've committed adultery? I don't know what's worse: being stupid or pretending to be stupid. Tell him that."
"Yes, sir."
"No, I'm going to do it myself."
Bartlet stormed into Leo's office and disrupted a meeting. "Eisenhower and Kay Summersby, a subordinate. Hammond with the wives of two junior officers. So, G.I. Jane gets a court-martial? G.I. Joe gets a short film on hygiene? That is all I have to say to you."
Bartlet said and walked back to the office.
"Feel better, sir?" Charlie asked, amused.
"I forgot to tell him something else," Bartlet said and walked to Leo's office, but Leo came into the Oval Office carrying a book.
"The Uniform Code of Military Justice, Article 134, which exists to ensure that soldiers will risk their lives for each other. I think you'll agree that without that there isn't much point in having Articles 1 through 133. Nobody ordered Eisenhower to stop seeing Summersby."
"That's right. Because men don't give that order to other men."
"Excuse me, but did you not fire our ambassador to somewhere in South America - I can't remember - 'cause he was messing around with..."
"The daughter of the President of Brazil, which presented a political problem for me. Also, I didn't fire him, I asked him to resign. And I set him up in the private sector. And if you think the difference is semantics, look up 'dishonorable discharge' in there. Look up Fort Leavenworth."
"Sir, it's the Secretary-General again," Bartlet's secretary interrupted them.
"Yeah."
"No, you can't take that, sir," Charlie said.
"I read the memo on Rwanda. The average rainfall is nine inches. That's the memo Toby wanted me to read?"
"On short notice? Yes, sir."
Bartlet looked at Charlie, understanding that something else was going on.
Leo sighed. "I told him to pass-block on the call."
"Why?"
"Parking tickets," Leo replied.
Bartlet stormed to his desk to answer the phone.
"Now please, don't leap into it. Don't..." Leo unsuccessfully tried.
Bartlet pushed the speaker button and started yelling. "There are big signs! You can't park there! They should get towed! I hope they get towed to Queens, and the Triborough is closed and there's a big craft show at O'Shea, a flea market, or a tractor show!"
Bartlet shouted into the phone and hung up.
"Well, that was probably his secretary," Charlie said.
"Damn it."
"You can bet she'll be parking it in a garage, though," Leo said.
They chuckled.
"Do you think that Vicky Hilton cannot distinguish between this order and a combat order?" Bartlet asked Leo.
"This was a combat order. They're all combat orders! When you order a guy to go fight, the guy can't think it's 'cause you're sleeping with his wife."
"You're right."
Leo did a double-take. "That's... an unusual phrase for you, sir. Did you just learn it?"
"Well, you didn't let me finish."
"I had a hunch," Leo snarked.
"I may also be right. We get five more people in here; I think we're going to have eight opinions."
"That's right."
"So, let's."
Leo understood what his friend meant. "It's a decision for the Pentagon."
"And two elections in a row, people said they wanted me to run that."
"There are issues of chain of command and command influence."
"Right now, I'm not talking about overruling anyone or pardoning anyone. We're not there yet anyway. The trial is still going on. Right now, I'm just talking about having people over and asking questions. I like basketball, but I can't play. I don't know why. I played in prep school, and I enjoyed being on the team, but I didn't want the ball and the coach said, 'Jed, winners always want the ball'. I said, 'Coach, winners are also better than I am'. He said, 'Son, to be a winner, you've got to think like a winner'. I said, 'Coach, to be a winner, you've also got to be better than I am'," Bartlet said.
He sighed. "Anyway, he was right. Winners want the ball. I don't think I ever want to hear it's too sticky for the Oval Office," the President stated.
He turned to Charlie and ordered, "Read that whole memo on Rwanda, by the way."
He turned back to Leo. "What are you smiling at?"
"Nothing."
"Are we together on this? Do we have resolve? We've got four years, no election, and a Republican Congress that hates me and actually hates you more. You ready to saddle up?"
"Well, I serve at the President's pleasure... and it's kind of nice for me, too."
"All right. Good, then."
The Oval Office - Saturday
Harm and C.J. walked into the Oval Office. Mattie was doing homework in C.J.s office. C.J. had warned him that the President wanted to talk about the Vickie Hilton case. Waiting for them were the Senior Staff minus Sam Seaborn. After the initial greeting, President Bartlet started the conversation.
"Commander, as you can imagine, we had various discussions about the Lieutenants' case. As one people involved, can you tell us your point of view?"
"Yes sir. It started on Monday when Admiral Chegwidden told us about the case and the fact that he had spoken to the CNO. Admiral Flack had conveyed his hopes that the whole affair could be resolved quickly and quietly."
"But he said nothing about how he wanted to have it resolved?" Leo asked hesitantly.
"Of course not, Leo. Any mention about something like that or even the hint that he'd like to want to avoid a high-profile court-martial would have brought undue influence on a court procedure," Harm said drily, and the others nodded.
Harm reported on the court proceedings and anything else he could tell them.
"So, Harm, I know that you're in a tough spot. So, I'm getting straight to the point. Do you think I should intervene?" The President asked.
"Well, sir, that's a tough question. As her lawyer, I obviously want what is best for my client. So, neither one of us would have a problem if you'd pardon her."
"Sorry, Commander. That won't happen," Bartlet replied.
"I didn't think so."
Harm paused for a moment. "Now, speaking strictly as a JAG lawyer, I think the matter was handled on the level it should have been handled. Lieutenant Hilton deserved a full and fair hearing, just like everybody else. And that's what she got."
"Don't you think that they could have handled the whole affair as a disciplinary matter?" Leo asked.
"No, Leo. The fraternization was bad enough, and it could have been handled through counseling. However, she disobeyed a direct order to end an affair with an enlisted man in her chain of command. That's prejudicial to good order and discipline, and definitely not a matter of counseling," Harm replied vehemently.
It surprised them at the tone in Harm's voice.
"You sound like you resent your client?" Josh asked what the others were thinking.
"As a JAG lawyer, it is my duty to defend my client to the best of my abilities, no matter my opinion or anybody's agenda," Harm recited flatly.
"I didn't mean that you wouldn't."
"I know, Josh. I had a similar conversation with Bobby, I mean Congresswoman Latham. She more or less accused me of bias. Because as a man, I couldn't be objective and therefore weren't the best person to defend the Lieutenant."
"Really?" C.J. asked, irritated. Harm hadn't told her that. She was as stunned as the others, but more than that, she didn't like that somebody had questioned the integrity of her boyfriend.
"Yeah, that didn't sit well with me," Harm said drily, and the others nodded.
"You know, as a JAG, I have little choices in the cases I try. In the past, I had to represent alleged killers, rapists, pedophiles, and traitors. And some of them I knew were guilty, but I did my job to the best of my abilities, anyway. Why she thought I couldn't defend the Lieutenant just because of her gender is beside me. But that's the Congresswoman for you," Harm stated.
The others could hear the resentment against the accusation and towards Latham in his voice.
"Anyway, you're not completely wrong, Josh," Harm added.
"What do you mean?"
"It's not that I resent Lieutenant Hilton personally. What I resent is the fact that they had given her a chance few others had got in the past. For example, I had a similar case last year when a male lieutenant had a relationship with a female enlisted subordinate. Not only had he been court-martialed, but he was also transferred to a new post immediately. What is worse is that some of the same people who have spoken out for Lieutenant Hilton this week had vilified my male client last year. Obviously, he had used his position to pressure his subordinate on having sex with him. Never mind the evidence or the fact that those two are happily married with a daughter now. However, nobody asked whether Hilton had pressured the Petty Officer. It's the double standard I resent."
There was a brief silence as everybody digested Harm's words. Nobody had brought up a similar comment until now, but Harm wasn't finished yet.
"Anyway, we expect our officers to set a standard of morality. We have to be true to our oath. That means obeying lawful orders, even those that break your heart," Harm looked at the President.
He thought back to their first meeting. The President nodded, showing that he understood what Harm meant.
"Don't you think that's too harsh?" Toby asked. "I mean, we invested a lot of time and money teaching the Lieutenant how to fly a warplane and she does that very well. And as far as I understand it, she is one of the best around. Shouldn't we let her do what she does best and protect our security and interests? Never mind who she sleeps with?"
Harm looked straight at Toby. "You're right on one point, Toby. We invested a lot of time and money into her skills. However, as a fighter pilot myself, I have to wonder how we can trust her with a deadly machine like the F-14 if we cannot trust her to obey a simple order to stay away from an enlisted married man. At the end of the day, she was given a lawful order. And an order is an order and is to be obeyed. And Lieutenant Hilton knows that. She is a graduate from the Annapolis, OCS and flight school, not some green petty officer who isn't even allowed to drink alcohol yet. And anyway, it wasn't a hard order to follow. All she had to do was to stay away from another man. But she willfully disobeyed that. And once she did that, she was finished. That's the cold and harsh military reality."