Author's Note: Once again, this chapter is a little shorter than the others are, but it was such a perfect cut-off point that I just couldn't pass it up. Enjoy.
2nd Author's Note: Oops, I did it again… slight error in the chapter, folks. Thank you ZZ… fortunately, it wasn't something terribly important to the story… (sigh of relief)
Episode 11:
Taking one for the Team
District of Columbia Federal Prison- 1200 EST, October 12
"I'll take care of the defense, Colonel." Admiral Chegwidden replied as Mac cut in on his explanation of his defense strategy. "I'm glad for your input, but I'm not going to put you and Commander Rabb before that firing squad the SecNav calls a jury."
"I don't understand why you won't call us to defend ourselves. This is our court martial after all..." Mac reiterated.
"Because I know the man who will be prosecuting. His name is Assistant Director Harold Cadillac, and he could see a communist in a hall of mirrors. He makes Joe McCarthy look like Eugene Debs, and he'll take any little thing you might have done in the past and warp it into any twisted scheme he could concoct, with no qualms whatsoever." Chegwidden answered. "I wish I would have given you an official order, and you wouldn't be in this mess."
"Yeah, and you'd be sitting here instead of us." Harm replied. "Neither Mac or I would ever ask that of you."
"I just don't understand the CIA's case against us." Mac pondered. "Have they given you any indication as to what other than the meeting in Taipei we supposedly did?"
"That information is classified." Chegwidden hissed, "Besides, the way espionage cases work... you are for all intents and purposes guilty until proven innocent. And unfortunately until I know exactly what their case is... I don't know how I'll defend against it."
"Don't worry, sir. We trust you to do the best you can." Harm assured him.
"I can only pray for your sakes that it will be enough."
JAG Headquarters, Falls Church, VA- 1320 EST
"God, this is an absolute sham!" Bud cried out in frustration as he was once again blocked from any information involving the CIA's case. "How are we supposed to make any sort of defense for our own if we have no access to the case against them?"
"Problems, Lt. Roberts?" Sturgis asked, once again acting like the eye of the hurricane, but deep inside, he was battling the increasing panic that was becoming infectious in the bullpen.
"The CIA refuses to release any files or interviews involving their case against Commander Rabb and Colonel MacKenzie. They claim since we are close to the people involved, they cannot release it to us due to conflict of interest."
"While the SecNav refuses to allow any other department handle their defense." Singer grunted in frustration. "Because we would be the 'most motivated for their acquittal'. It's like we're trying to fight with both hands tied behind our backs."
From outside his office that he shared with Singer, Harrington poked his head out. "Hey, less chatter, more work. We're not going to pull of this miracle by dwelling on what we can't do. Let's focus on what we can do, and do it as wel1 as we can."
He smiled slightly at the officers in the bullpen, and continued, "I know that I haven't been here long, but I've already realized that nothing is impossible when all of you put your heads together." With that, he slipped back into his office.
As his fellow officers gave his words some serious thought, Harrington returned to his desk. He had stayed in Taiwan one day longer than the rest of the JAG team, following an anonymous lead, and it had led to some serious changes in how he had initially viewed the events in Taiwan.
Unfortunately, as he looked at the evidence he had gathered, to act on what he had gathered could really do a lot of damage to a lot of lives, including his own. At the moment, he decided to see how the initial days of the trial turned out. He had faith in the people he worked with, and if there were any defense that could be made with the lack of information given... he would bet even money that they'd find it.
U.S. District Court, District of Columbia- 1000 EST, October 16
Harold Cadillac was a man who knew how to spotlight the worst aspects of a person, which made him, the perfect man to prosecute this type of case. An opponent of his once said that Cadillac "Could make a little girl holding a puppy look like a demon". Harold actually took pride in this reference. After all, he had been an U.S. Representative for many years.
However, this case was going to be way too easy. Once the files pertaining to Commander Rabb and Colonel MacKenzie had been sent to him, he instantly saw fodder that any half-brained lawyer could use to rip the two military advocates to shreds.
Cadillac stood, and with a proud grin, said, "The State calls U.S. Navy Commander Harmon Rabb to the stand."
Admiral Chegwidden jumped to his feet in objection. "Your honor, calling my defendant to testify against himself?"
The judge shook her head, "Overruled. If you wish, you can call Commander Rabb to the stand to tell his story when it is your turn to call for testimony. Approach the stand, Commander."
Harm did so, and AD Cadillac wasted no time tearing into the Commander. "Commander Rabb, did you or did you not fly in a foreign aircraft without orders into Russia?"
Harm paused, getting a pretty good idea where he was going with this. "Yes, I did."
"For what reason?"
"I was looking for evidence that my father was still alive after being taken as a POW in the Vietnam War."
Cadillac nodded, then replied, "I see. Tell me, Commander... did you find him?"
"No, it appeared he died in Russia."
"I see... then as I understand, you encountered a member of Russian intelligence, correct?"
"Yes… he arranged for myself and Colonel MacKenzie to get out of the country without further incident."
"Is that all he did while with you, Commander?" Cadillac challenged.
"What do you mean?" Harm asked, confused.
Reaching for a folder on his desk, Assistant Director Cadillac handed it to the judge. "The intelligence agent in question that Commander Rabb dealt with to leave Russia in one piece was later discovered by CIA operatives to be working with the Chinese on undisclosed projects. Mere coincidence, right, Commander?"
Admiral Chegwidden fumed. "The defense requests a copy of this evidence to determine its authenticity."
Cadillac retorted, "That is classified information your honor. The CIA can attest to its authenticity."
"Request denied." The judge told Chegwidden. "Are you finished with this witness, Assistant Director?"
"Actually, I'm not, your honor." Cadillac replied, then turned to Harm once again. "Commander Rabb, is it true you have a brother?"
Admiral Chegwidden interrupted, "Objection, relevance."
"You'll see the relevance in due time, Admiral." Cadillac answered smugly.
"Overruled." The judge agreed, "But make relevance clear quickly."
"Yes, your honor." Cadillac said. "Commander, is it true you have a brother?"
Harm nodded, "I do."
"But, he's only your half-brother, am I correct?"
"Tell me... what is his other nationality?"
"He's... half Russian."
"I see." Cadillac mused. "Where is your brother now? I assume he's somewhere in America?"
Harm paused, glaring daggers at the Assistant Director. "No, he returned to Russia five months ago."
"That's what I had heard." Cadillac smirked, "Interesting thing to note. Two weeks after returning to Russia, CIA operatives discovered said brother of Commander Rabb's taking a position transferring diplomats between Moscow and Beijing. Strange how these coincidences work out, isn't it?"
Cadillac huffed out his chest, and concluded. "I think that speaks for itself your honor. I have no further questions."
Mac turned to Admiral Chegwidden, and asked, "So... how the hell are we supposed to respond to that?"
The Admiral shook his head slightly, and replied, "We can't... not just yet." Chegwidden stood, and in disgust spat, "The defense has no questions at this time."
Cadillac wasted no time calling his next witness. "The state calls Marine Colonel Sarah MacKenzie to the stand."
For a minute, Admiral Chegwidden considered objecting, but knew that it would get him nowhere in this case that had all the trimmings of a witch-hunt. So, he just silently fumed as Mac approached the witness stand.
"Colonel, is it true that you were raised by your uncle?" Cadillac asked, his gaze starting to resemble a lion leering at a fresh kill
"Yes."
"Could you tell the court where your uncle is now?"
Mac sighed, "He's in Levingsworth Prison."
"Why is that?"
"He was involved in the theft of one of the few original copies of the U.S. Constitution." Mac replied.
Cadillac nodded, "Is it true that you think the CIA is responsible for setting up your uncle to take a fall?"
Mac didn't answer right away, but eventually replied, "I suppose you could say that."
"Could you care to repeat just what you said in your report pertaining to the incident?"
Once again, Mac's mind raced to think of what to say.
Cadillac interrupted her by opening another one of his folders. "In case you do not remember, Colonel, I'll just read it straight from your report. 'In regards to the case of Matthew MacKenzie, it is my conclusion that the CIA baited him into stealing the copy of the Constitution, and that the U.S. Government is directly responsible for the unjust jailing of a man who meant no harm whatsoever to this country.' Do those words strike you as familiar, Colonel?"
"Yes..." Mac finally admitted.
Cadillac snapped the folder shut, and mused, "That sounds awfully, dare I say, un-American, Colonel. Don't you agree?"
"Objection!" Chegwidden shouted, visibly trembling in outrage, "The prosecution is judging intent."
"Withdrawn." Cadillac replied calmly. "I believe that we all know the answer to that question anyway."
In the spectator section, several JAG officers watched the proceedings with increasing dismay. Singer moaned softly, "Colonel MacKenzie and Commander Rabb were just crucified up there."
Sturgis couldn't help but agree. "This isn't even a court martial... it's the McCarthy Hearings Part Two."
Singer was surprised when Harrington suddenly stood, and motioned for her to let him out into the aisle.
"What are you doing, Major?" Singer asked as she complied.
Harrington looked at her, his face serious, his voice not reflecting any of his normal humor. "I need to check up on a few things." He answered cryptically. As he quietly slipped out the chamber, he added to himself, "This is far from over."
CIA Headquarters, Washington D.C., 1415 EST
"You don't get it, do you?" Webb replied with a disgusted sigh, "I hate this as much as you do, but the entire situation is completely out of my hands now. As far as the DCI is concerned, we've got our men, and we're going to pursue the full penalty for it."
"You know this entire court martial is a load of shit!" Harrington said in disgust.
''Funny… that's not what you said in Taiwan."
Harrington nearly throttled Webb. "New information presented itself to me. We know now who really was responsible for the leaking of secrets in Taiwan, and it had absolutely nothing to do with Colonel MacKenzie, and Commander Rabb."
"Yes, I've read the report you supplied to me, and if you ever decide to release it to anyone outside the government... let's just say, no one will ever find your body. The DCI will make sure of that." Webb explained in a hushed hiss, "Don't you understand? I hate this, with a passion... but the DCI needs a fall guy, or two, in this case. Something to tell your father that we're not going to stop pursuing him. Is it despicable? Yes. Does it make me sick to my stomach? Hell yes. Can I do a damn thing about it? Not at all."
"Why won't you, Webb?" Harrington pressed, "You defied your Director's orders once before when you thought he was out of line. Why not now?"
"Because last time, I wound up stuck in South America near Devil's Island for six months. This time, I wouldn't be near as lucky. Frankly, I rather like my job, and I like the opportunity I have to improve the system from the inside. However, I can't do that if I'm permanently removed from duty."
"So... I can't disclose any of the information I found, or risk the wrath of the CIA." Harrington said thoughtfully, "And you don't dare disclose it." His face drew glum, and he replied, "Then I guess I have no choice."
Webb knew what Harrington was talking about. The Major had mulled the idea over after discovering what really had been going on in Taiwan. "If you do this... your career is over, you realize that? You won't be able to do anything in your field ever again."
"Do I have much of a choice, Clay?" Harrington sighed in resignation. "It was the last option I had. I made a terrible mistake, and if this is what I need to do to correct that mistake, then I'll have to take it. What better way than to tell the entire world just how I screwed up?"
JAG Headquarters, 2018 EST
The mood in the bullpen was solemn, to say the least, overtime, hopelessness, and fatigue mixing in the people who dutifully continued to work, looking for something, anything that could turn this debacle of a case in their favor.
"It's like the court has decided they are guilty before it even came to trial." Bud muttered to himself.
"It's because they already have." Chegwidden affirmed. "They obviously didn't get the man they wanted, so they've set up two patsies to kick around to make themselves look good in front of the national spotlight."
"I knew it was out of character for the CIA to have every major news channel present in the court room." Sturgis said flatly. "This 'trial' has stunk from the moment it began."
"To that, you would have no arguments from any of us." Chegwidden answered with a sigh. "All right people, let's get back to work. Moaning about how this is unfair doesn't help Colonel MacKenzie or Commander Rabb."
The switchboard in front of Tiner's desk rang, and in his daze, he didn't answer it until the third ring. "JAG office, Petty Officer Tiner speaking... oh, hello, sir!" Tiner's left eyebrow raised slightly, and then he said, "Sure… he's right here." Putting his hand over the mouthpiece, Tiner addressed his CO. "Admiral, it's Major Harrington. He says he has something to tell you… privately."
The Admiral took a deep breath, hope battling with realism. "I'll take it in my office, Petty Officer." The Admiral disappeared inside his office, leaving the rest of the bullpen to ponder the meaning of the call.
"I was wondering where Steve had disappeared to." Singer mused.
"Do you think Major Harrington found something we didn't?" Bud asked warily.
Singer shrugged passively; "I've seen him in action. He has a lot of contacts and sources for information beyond what a lawyer would normally have. He would probably the best one of all of us to have uncovered a juicy bone."
"But why would he feel the need to discuss it with the Admiral privately?" Harriet asked.
"Likely whatever he's uncovered is sensitive information, not fit for public ears." Sturgis answered. "Telling it to just the Admiral might garner him some heat as it is."
Admiral Chegwidden almost ripping the door to his office off its hinges interrupted further contemplation of the issue. Just ten minutes ago, he looked like a beaten, aged man. Now, he looked like he was ready to storm the shores of Vietnam all over again.
"Ladies and Gentlemen, I do believe Major Harrington has just saved the careers of the Colonel and Commander."
U.S. District Court, District of Columbia- 1000 EST, October 17
"Are you ready to go?" Admiral Chegwidden asked his star witness. "You understand just what this will mean?"
"Yes, I do, Admiral." Harrington answered. "But if it keeps Commander Rabb and Colonel MacKenzie from potentially facing the firing squad, it's what I have to do."
"All right, wait outside, and the bailiff will open the door once I call you inside." Admiral Chegwidden ordered then walked into the courtroom.
From behind Harrington, he heard the voice of Clayton Webb say, "You've got balls, I'll give you that. I don't think I'd be able to do what you're about to."
"Despite what I might have implied earlier, Clay." Harrington sighed, "You shouldn't have to. This was my mistake, and I'm going to correct it, by whatever means necessary." Harrington reached into his pocket, pulled out his ID tag, and fastened it to the left breast pocket of his suit.
Inside the courtroom, Admiral Chegwidden took his seat, the confident smile on his face not lost on AD Cadillac, nor the two accused.
"Just what does Major Harrington have, sir?" Harm asked, "Do you honestly think its good enough to change the inevitable outcome of this case?"
"Oh, I know it's good enough." Chegwidden assured. "I just would like you to thank Mr. Harrington for this. People like him don't just do this for anyone."
"What do you mean, 'people like him'?" Mac asked warily.
Admiral Chegwidden didn't answer, partially because the judge smacked her gavel to begin the proceedings.
"Admiral, has the defense prepared any witnesses to present?" The judge asked.
Chegwidden stood up, and replied proudly, "Only one, your honor. The defense would like to call FBI Special Agent Steven Harrington to the stand..."
End Episode 11