Chapter 4
It hadn't taken Gibbs long to confirm the facts around the sequence of events earlier that day, and to find that Tony's assessment was accurate. Shortly afterward, Tony's report had appeared in his inbox as promised. He'd acknowledged Tony's email with a brief reply.
"You were right. Working on it."
Now he had to decide how to act on what he'd learned. As Tony accused, he'd first wanted to give Ziva the benefit of the doubt and hoped he'd find some mitigating factor to explain her actions, but that was impossible now. He'd been shaken by what he'd found in his own investigation and Tony's words earlier came back to him.
"What I'm trying to get you to see is next time, the casualty might be someone on our team. It nearly was today…"
There was no disputing the fact that the bomber had already been hiding next door when Ziva conducted her search. If Cassidy hadn't prevented him from getting into the room with them before triggering his device, they would all be dead now, his own team and the civilians they were supposed to protect. There was also no doubt that if Tony had just been a second faster in jumping after Cassidy, he'd have died along with her. With Cassidy and Tony both dead, they might never have known about Ziva's mistake. He'd nearly lost Tony in today's tragedy, and Ziva would have been largely responsible. It was that sickening realization that spurred him into action.
Whatever course of action he took, it had to satisfy Tony's need to see accountability for the procedural lapses that led to Cassidy's death. It also had to satisfy his own need to keep his team safe as possible going forward, considering the inherent dangers of their work.
A whirlwind couple hours later Gibbs had documented his findings and then presented a summary for the director's review, including Tony's damning report and witness statement. Now the ball was in Jenny's court. Considering how the conversation went, he figured they'd know soon if she intended to implement any of his recommendations on what to do about Ziva.
Gibbs had first asked that the liaison position be eliminated, but Jenny dismissed that idea out of hand as he'd suspected she would. Still, he made clear that no action at all would be bad optics and then presented her with alternatives. Gibbs predicted the Mossad liaison would try to presume on Jenny's long-standing friendship with both Ziva and her father and arrange to avoid any consequences for her lapse, but he got the feeling Ziva wouldn't be talking her way out of some repercussion for this incident.
Jenny's earlier reaction on being told Tony intended to transfer or resign over Cassidy's death was even more unsettling than her unwillingness to terminate the liaison position. She was far less concerned about Ziva's inadequate search possibly contributing to an agent's death, than the idea of Tony leaving Gibb's team, or resigning altogether. At first she'd been shocked, then angry…extremely angry.
"Send DiNozzo up when you leave," Jenny had said, and he could tell by her tone he was being dismissed. "I want to see him."
"He's home cooling off."
"Cooling off?"
"Have you been listening to me at all Jen? You lost an agent and DiNozzo is upset and angry about losing a good friend today. He wanted some time and there was no reason deny it or debate about it," Gibbs added, omitting the fact that Tony was going to take the time whether it had been approved or not.
"It's only been a matter of hours since you said that your people weren't supposed to be killed by suicide bombers here," Gibbs reminded her. "I told you it could happen again and now it has. This time, it almost certainly could have been prevented. Where exactly are your priorities?"
Jenny had narrowed her eyes at the censure and having her words thrown back at her. "When will he be back?"
Gibbs shrugged. "That depends on what you do with the information I've given you."
"Inform Agent DiNozzo I have no intention of accepting a transfer request, much less his resignation."
Gibbs laughed out loud, and Jenny's fair skin flushed, betraying her rising temper. "He's not in any mood to give me a say in that and you think you have one? Why would that be?"
Jenny had flinched, going sullen and quiet. Gibbs got the sense she'd revealed something she hadn't meant to. He couldn't quite parse what it was though, just that it had something to do with Tony and she didn't want him to know about it.
Gibbs tapped the folder he'd laid in front of her. "The best way to avoid that is to handle Ziva's screw up. I've known Tony a lot longer than you have," Gibbs said. "In spite of this new, peculiar familiarity that has recently sprung up between you two," he added, letting her hear his suspicion around that observation, "I know when Tony can be pushed and how far. Take my word for it that now is not that time. I suggest you back off."
Gibbs walked out of her office, leaving her fuming. Hoping to avoid making it obvious where he'd just been, he used the back stairs to return to the bullpen, exited the stairwell and walked to his desk without speaking. Ignoring the speculative looks from McGee and Ziva, he pulled out his desk chair and sat down tiredly, a resigned glance at his email and phone telling him Tony hadn't acknowledged his message yet.
He started scanning McGee and Ziva's reports and after a while, his junior agent broke the silence, interrupting his reading.
"Boss?" McGee ventured hesitantly. "Is Tony alright?"
"DiNozzo is fine, McGee," Gibbs replied mildly, pleased to see at least one person besides himself showing Tony a little concern. "I'll let him know you asked, I'm sure he'll appreciate it."
"Uh, okay…," McGee answered, on the cusp of asking something else, then thinking better of it. Ziva had no such reservations.
"Where is Tony? Why are we here working and he is not?" Ziva demanded. "Are we to be told what is going on?"
"Shut it, Ziva," Gibbs shot back, in no mood for her surliness. "DiNozzo is exactly where he's supposed to be right now. I don't need him here because I have a complete report from him and McGee, which is more than I can say for you. Redo it, because it's distinctly lacking in detail."
Ziva exhaled an irritated breath as Gibbs turned back to McGee. "You're finished for today, McGee. You can go."
After an uncertain look between Gibbs and Ziva, McGee decided not to test fate, or Gibbs. McGee quickly shut down his computer and gathered his things.
"Thanks, Boss. See you in the morning." He left without a backward look, glad to escape the undercurrent of tension between Ziva, and pretty much everyone else today.
Gibbs left the bullpen for an hour or so to give his own witness statement and returned to find Ziva still stabbing at her keyboard. Finally, the angry typing ceased.
"My report is finished, Gibbs," Ziva said with an expectant look. "Am I free to go now?"
"When I'm happy with your report, and not before," he answered. As he began reading, his desk phone rang.
"Yeah, Gibbs," he answered, with a quick glance at the caller ID. It was the Director's line.
There was no greeting, just a curt, "I'm signing off on your recommendations, send her up." The line went dead.
"Ziva."
A sigh. "Yes, Gibbs," she replied without looking at him.
"Director's office."
Ziva's head whipped around and she gave him a questioning look.
"Why does she want to see me?"
Gibbs lifted one shoulder in a half-shrug. "You'll find out when you get up there."
Ziva rose and circled her desk, stiff with anger. She scowled at Tony's empty desk as she walked by, then pounded up the stairs.
Gibbs suppressed an amused grin. There were about to be two angry women up there, instead of just one.
Tony emailed Gibbs his report and was surprised to get a brief reply just moments later.
"You were right. Working on it."
Well, that was interesting. He wondered what Gibbs was cooking up, and whether he'd have to make good on his threat to leave Team Gibbs if Ziva weren't held accountable in some way for her serious lapse in both procedure and judgement.
It wasn't long after receiving Gibbs' email that Jenny tried to contact him. First on his landline, and when he didn't pick up, then his personal cellphone. After a few minutes, he heard a different ring tone coming from his bedroom. It was the undercover phone she'd given him to use as 'Tony DiNardo'.
Wishful thinking, Jen.
Tony stashed the phone in his nightstand after Jeanne had broken things off, told him to figure out how he felt and what he wanted. He certainly didn't have any reason to answer that phone now. Since he'd told Gibbs he was taking tomorrow off, he had plenty of time to think about how screwed he was both personally and professionally, thanks to the assignment he never should have taken.
Jenny didn't leave a voicemail and didn't make any more attempts to call him, so he figured she got the message for the moment. Her single-minded focus on his progress, or lack of it, was making her increasingly unhinged lately. He'd tried to back out some time ago, after learning it was an unsanctioned op and her pursuit of the international arms dealer, La Grenouille, was nothing more than a personal vendetta. After he expressed his hesitance, Jenny turned cold and calculating, coerced him into continuing the ruse, even going so far as to threaten his career.
After what happened today, he couldn't let any of that that get in the way of making a stand. An agent died as a result of another's negligence, whether it was intended or not. If something didn't change, it could happen again. If Gibbs informed Jenny his team was in danger of losing its SFA, she was probably equal parts freaked out and infuriated about the idea of him walking away now.
Jenny didn't have a clue that he'd already made a spectacular disaster out of her assignment. Somewhere along the way, the lines between reality and cover had blurred then disappeared altogether. Tony realized too late that he'd gotten himself in too deep. When Jeanne gave her ultimatum and walked away, it hit him like the proverbial ton of bricks. He wasn't pretending any longer. There were real feelings involved, Jeanne's…and his own.
Leaving would get him off the hook as far as her unsanctioned operation. He could walk away, let Jeanne move on. Jenny would probably try to torpedo his job chances elsewhere out of spite, she'd already implied it. Let her try…there was only so much she could do without revealing her own duplicity.
The question he had to ask himself was whether never seeing Jeanne again was what he really wanted.
Before he could go any further with that line of thought, Tony jumped at the sound of his cell phone ringing again. He reached in his pocket and turned the ringer off without looking, pulled a photo album off the coffee table with his good hand, then sat back on his couch and started flipping through pages where he'd added photos of Paula.
Tony ignored the ringing of his landline again and shook his head in irritation. He heard the answering machine pick up and relaxed as Gibb's wry, amused voice sounded over the speaker.
"Answer the phone, DiNozzo. I'd like to know if I have to start my search for another senior field agent tomorrow."
Tony snorted, pulled out his cell phone and dialed Gibbs, who picked up right away.
"Hey Gibbs," he greeted.
"You avoiding me, Tony?"
"I didn't realize it was you calling, Gibbs," Tony admitted.
Gibbs sighed. That meant Tony was trying to avoid someone else's calls.
"Ziva?" he asked. It better not have been.
"Nah, the Director. She's probably trying to let me know she doesn't appreciate demands from her subordinates."
"Well, she's sure having a bad day in that regard," Gibbs said dryly.
Tony chuckled. "Do tell."
"Like I said, you were right, and I can't just let Ziva slide, no matter how I feel about her. Everything you said was backed up with witness statements and surveillance video," Gibbs explained. "While Ziva's report didn't exactly lie, it wasn't complete either. She omitted the fact that she conducted search alone even after I gave her a second chance to include that relevant little detail. Jenny is aware of all that too. I packaged up the documentation, wrote a list of recommendations, and dropped it all in her lap."
"What did you recommend?" Tony asked.
"If she were an agent, it would be straightforward. A suspension, demotion, letter in the service jacket, you know the drill," Gibbs began. "I asked for termination of the liaison position, and Jenny refused outright. As for what she will do, Ziva's not an agent, so the Director can't exactly handle this situation the same way."
Here we go, Tony thought. "Don't tell me…is a slap on the wrist all she's going to get out of this?" Tony asked, starting to feel disillusioned already.
"Oh, I wouldn't say that," Gibbs grinned. "There's no avenue for any kind of formal reprimand like an agent would receive, but there will be consequences. She's pulled from the field and her systems access temporarily revoked. It's not technically a suspension, but close as we can get," Gibbs explained. "Ziva will be sitting in on the next FLETC investigator's course, and her level of attentiveness and cooperation will be assessed and reported to me weekly. She'll only return to our team if she completes the entire curriculum, and if the instructors assess her participation and attitude favorably. She's also to have no contact with any member of our team in the interim, which is why I'm glad it wasn't Ziva calling you."
"Ah. And if she doesn't comply with those terms?"
"Well, I can't control whether Jenny keeps her around, but I made it clear that if Ziva doesn't follow through, she isn't qualified to work with any team in the field, much less the MCRT. If she doesn't meet the conditions outlined, I would expect her to be reassigned," Gibbs explained. "Ziva pushed Jen pretty hard to get out of it on the basis of being singled out unfairly. I anticipated that too, so her argument didn't wash. FLETC will be required now for any visiting liaison, exchange officer, or agent before they can be integrated into a field team. It's a good change going forward, and one that shouldn't have been overlooked in any case."
"Huh…," Tony began, considering how much the new requirements would humiliate and anger Ziva. Her disdain for local law enforcement and federal agents aside from Gibbs was well known. FLETC certainly might help tone down that sense of superiority and over-confidence Mossad instilled in her and resolve the issues he had around the gaps in her knowledge of investigative procedure. If she actually tried to learn something from it, anyway. "So FLETC…she's doing the whole thing? All 59 days of it?"
"Yep."
"Including the driving courses?"
"Oh yeah…especially those," Gibbs asserted, and Tony heard the laugh in his voice over the line.
"The director signed off on all that?" Tony asked doubtfully.
"Eventually. It took some effort to get her to see reason," Gibbs admitted. The observation he'd made about inaction being bad optics among field teams and her superiors, along with the implied impact to her career aspirations had hit home with Jenny. "Ultimately, Jenny agreed to it all. She's not happy about it, but I made it clear she'd be a lot less happy with the alternative, which is the breakup of her MCRT."
Oh yeah, she'd be unhappy alright, but not only for the obvious reasons. She's doing damage control, trying to keep me under her thumb. "Oh…I just bet she's not happy," Tony said distractedly.
"I reminded Jenny that the liaison position was her pet project, and it was her responsibility to rein Ziva in if she wants to keep her," Gibbs continued. "You were right, Tony, she needs to learn. To understand and focus on the fact that her mistake and blasé attitude toward what we do is the reason this is happening, not because of you, me, or anyone else treating her unfairly." Gibbs paused to let that settle, then asked, "Is it enough, Tony?"
Gibbs waited out several seconds of silence over the line as Tony considered his answer.
"And if it isn't?"
"Then you tell me what would be," Gibbs answered firmly. "It isn't even a choice between you two, Tony. I'm not losing you over this if there's something reasonable I can do to change your mind."
Tony was lost for words, warmed by the uncharacteristic expression of sentiment from his usually dour and distant mentor. Well, that was a far more favorable endorsement than 'you'll do', he thought, a bit uncharitably. While Gibb's parting words last year as he set out on his short-lived retirement still stung, and probably always would, Tony was glad he hadn't spoken those thoughts out loud. Gibbs hadn't been in his right mind at the time, and he didn't deserve snide remarks after the steadfast support and loyalty he'd shown Tony today.
He was shocked and surprised that Gibbs even considered having Ziva's position terminated. It was further than he expected Gibbs to go, considering his complex relationship with Ziva and debt he owed her for saving his life. Forcing her to attend FLETC as an alternative was a particular stroke of genius on Gibbs' part.
As for the Director, asking for anything more would probably be pushing her too far. None of it would bring Paula back, but it might well save lives in the future. It would have to be good enough. When it came down to it, he really didn't want to leave Gibbs' team, especially now.
"It's enough, Gibbs."
AN: One chapter to go! I hope to post the concluding chapter by Friday. I'm out of town with very limited internet access where I am, which is why I've been unable to reply to your lovely comments on chapter 3. Many thanks to all those who have been following along and leaving comments on this story!