A/N: Well, here we are at the penultimate chapter of Evolutionary Crisis! Once again, this is a very long chapter so I'll get right to it. For those who don't know, when an objection is made in court it will either be overruled or sustained. Overruled means the judge dismisses the objection. Sustained means the judge agrees and the objection is enforced. Hope that helps those of you who are unfamiliar with legal jargon. Enjoy!

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A month later, the court date arrived. The media stormed Washington to cover the case of the decade. On the morning of August 6, Jake and the Professor made their way through the sea of reporters and into the Supreme Court. Hank would have loved to join them, but the crowd kept him away. He couldn't take the risk of people feeling his fur and crying "mutant!" Charles had been granted a special right to come to the proceedings, but any other mutant that showed up would be carried off by the army to the new detention camps, locations undisclosed.

Once inside, Jake and Xavier looked around in awe. It the first time for either of them to be inside the Courthouse and it was quite impressive. George Wilbanks spotted them and cut through the crowd to speak to them.

"Jake! Good to see you decided to show up, after all. I was afraid you might give up and go home."

"Not my style, George. I'd hate to let your client get away again." A conversation with George Wilbanks always sounded civil, but to hear them it was easy to see both men clearly hated each other.

"And this must be Mr. Charles Xavier. How do you do, sir?"

Xavier shook Wilbanks' hand firmly. "I'm well, thank you."

"So Jake," said George, "impressive building, isn't it?"

"It's beautiful."

Wilbanks was looking around the entrance hall with an air of superiority. "It looks more marvelous each time I come in it. This is my, well I guess it's my tenth case to try at the Supreme Court," he boasted. "Have you ever been here, Jake?"

"Yes, I was an assistant counselor on a case a few years back," he lied.

"Good for you. Well, I'm heading in. I'll see you two inside." He left without waiting on a goodbye from Xavier and Jake. They wouldn't have offered one if he had waited anyway.

The two made their way inside, followed by Jake's team. They found the counsel table and sat behind it. In front of them was a regal bench, long enough to seat 9 justices. In the center was a large circular plaque, the seal of the Supreme Court. The room around them was draped in flowing crimson curtains. The floor was white marble, as were the columns adorning the walls. Every piece of furniture was beautifully crafted mahogany wood. The chairs were wood, but had crimson pads on the seat and back. There was no media inside the room, save for a handful of reporters that had been given special permission to come inside. Cameras were permanently barred from entering the chambers of the Supreme Court. Jake couldn't help but be impressed when he considered that no camera had ever caught this room on film.

Jake put his briefcase on the table, opened it, and prepared himself for a long day. A glance over at Wilbanks' table showed that the other side was doing the same. Wilbanks caught Jake's eye and the two shared a polite, yet hateful smile.

Xavier was seated next to Jake, who was sitting on the end of the table closest to the middle of the room. He too was thoroughly impressed by the majesty of the room, though there was something that sickened him too. The room stood as a testament to liberty and freedom. Today, the court would be put to a test. Would it defend that which it stood for or deny it's founding principles? For once, Xavier wished he could have the power of foresight rather than telepathy. It was agonizing to not know what the day would hold.

Finally, a man entered the room through a door in the front and everyone stopped talking. He stepped to the middle of the room and stood up straight.

"All rise for the justices of the Supreme Court of the United States of America!"

Everyone in the room except for Xavier immediately rose to their feet as the nine justices filed in the room one by one. There were seven men and two women on the bench, ranging in age from 63 to 91. They were mostly very conservative in their political views, a trait that many said was a flaw of the current court. But there was nothing anyone could do about the makeup of the justices. Once on the bench, they were there for life or until they chose to retire.

Once the justices were all seated, the rest of the room returned to their seats as well. It was deathly quiet for a few moments as the justices played with their papers. Finally, Chief Justice Samuel Bolders spoke up.

"This is case 487, Charles Xavier v. United States of America. Counselors, I remind you that we have already seen all the evidence you submitted to the court in California. I ask you not to reargue the same evidence here. If you have new evidence or new witnesses, feel free to introduce them but please don't repeat yourselves. Now then, we'd like to do this all in one day so we will not recess until both of you have rested your cases. Mr. Roberts, as the accusing attorney, you will present your case first."

Jake nodded his head as he glanced down one more time at the papers before him. Finally, he stood up on wobbly legs and stepped around his table to begin arguing his side of the case.

"Your honors, mutants are…"

"Mr. Roberts," interrupted Chief Justice Bolders, "please sit down. There's no one to perform to here. We see no reason why you can't present your case from your seat."

Jake was stunned. He stood still for a moment as all the eyes in the room focused on him. Finally, he sheepishly returned to his seat with a weak smile.

"Yes, your honor. I'm sorry."

"Now then, please proceed Mr. Roberts," said the justice once Jake was in his chair again.

Jake took a deep breath and tried to regain his thoughts. "Your honors, mutants are people. Many would say they are animals, but they are just like you and me. They have emotions, thoughts, and feelings. The only thing that separates them from…"

"I'm sorry to interrupt again, counselor," said Bolders once again, "but this is the same opening statement you gave in Oakland. If you would be so kind, go ahead and call your first witness."

The first interruption had caught Jake off guard, but this one simply stunned him. He stared for a moment with his mouth half-open before finally nodding his head and apologizing.

"I'm very sorry, your honors. I'd like to call Dr. Joshua Kayhall to the stand."

Justice Bolders nodded and a side door opened to let Dr. Kayhall into the room. He was a gentle looking man with a receding hairline, but he made up for this with a full brown beard around his face. He was guided to the witness stand where he was sworn in and sat down.

Jake started to stand up to examine the witness out of habit when he remembered the Court's opinion on that matter. He quickly forced himself to stay seated.

"Dr. Kayhall is a professor at Harvard University and has conducted many experiments on mutants over the last few years. He has written a total of seven books on mutants and the evolution of mankind. I would like to enter Dr. Kayhall as an expert on human genetics and mutation."

Chief Justice Bolders glanced at his fellow justices quickly, then nodded at Jake. "That's fine."

After two strikes, Jake finally had a hit! He turned his attention to his witness and began his examination.

"Dr. Kayhall, what was the subject of your most recent experiment?"

"My last experiment tested whether mutants held the same genetic code as normal humans," said Kayhall. If he was nervous, it didn't show. He had testified at trials before, but never one with this much of an impact. He was also a new witness for Jake as the experiment wasn't concluded and published until mere days before the trial in California.

"And what did you find?" asked Jake.

"We tested blood from volunteers, both human and mutant. We also performed autopsies on human and mutant cadavers to test their anatomy. Each test showed that humans and mutants are of the same species. The blood is exactly the same. The anatomy of the two is nearly identical, except for one part of the brain. In mutants, the brain has one small area that is not found in normal human brains. This section is only about the size of a man's thumbnail, but I believe that this is what gives mutants their powers."

"And what about the genetic makeup, doctor?"

"The DNA of mutants is exactly the same as that of regular humans. As we all know, each person's DNA is slightly different, but they all follow the same basic pattern. This pattern exists only in humans. Each species has a different basic pattern that outlines it's own DNA. The DNA in mutants follows precisely the same pattern that represents humans in genetic code."

"So it is your conclusion that mutants are, in fact, human?"

"Yes."

"Thank you, Dr. Kayhall," said Jake with a smile and a nod to his expert. He then turned his attention back to the justices seated above him. "I have no further questions for this witness, your honors."

"Very well," said Bolders, "Mr. Wilbanks, your witness."

Wilbanks sat forward in his chair. He had been unusually quiet so far. Normally, Wilbanks liked to object to everything he could. Jake assumed he was probably keeping quiet so as not to get on the wrong side of the justices too early.

"Dr. Kayhall, I'm just curious. Where did you find mutant volunteers to be experimented on?"

"They were students from the campus of Harvard University," answered Kayhall.

"Students? Why would they tell you that they were mutants? Wouldn't that mean they would be reported and arrested?"

"I promised them strict confidence, as well as compensation for their help. I cannot tell anyone, not even my superiors at Harvard, which students came forward as mutants."

"I see. And when did this experiment take place?"

"Objection!" yelled Jake. "What's the point of this?"

"I'm getting there, your honors," said Wilbanks innocently.

"Overruled," said Bolders after a slight hesitation. He turned his attention back to Kayhall. "Please answer the question, doctor."

"We started around November of last year. We completed the research about three months ago."

"I see. Now Dr. Kayhall, you were aware of the identities of each of the mutant students, were you not?"

"I was."

"Were you also aware that you were required by law to report any mutant to the government should you learn of their existence?"

"I was," said Kayhall defiantly.

"Then you're also aware that you could be arrested and subpoenaed for that information."

"Objection!" called Jake.

"Overruled," said Bolders quickly.

"That depends on the ruling made today," Kayhall said with a quick smirk at Wilbanks.

"Your honors, this witness deliberately defied the laws of our nation. I call for his testimony to be stricken from the record!"

There was a short pause as the justices whispered to each other with their hands covering their microphones. Finally, a decision was made and Bolders leaned into the microphone.

"Despite Dr. Kayhall's conduct, we believe that his testimony is important. However, we will not forget your actions, Dr. Kayhall. I ask you to please reconsider the next time you deliberately choose to disobey the laws of this nation."

"Yes, your honor," said Kayhall.

"Are there any more questions, counselor?" asked Bolders.

"No, your honor. I'm through with this witness," responded Wilbanks, somewhat sickened.

"Very well," said Bolders with a glance to his fellow justices. "Thank you, Dr. Kayhall. You may step down now."

Kayhall nodded as he stood up and left the courtroom. Jake wasn't sure if that had been a success or not. Kayhall had performed well, but Wilbanks had managed to cause plenty of doubt about his intentions.

"Mr. Roberts, please continue," said Bolders.

Jake grabbed another piece of paper as he let the anticipation of his next witness linger. "As my next witness, I would like to call to the stand Senator Ellen Dott."

The courtroom didn't have many people in it. There was no one there but the justices, lawyers, Xavier, guards, the stenographer, and a few select reporters. But at this announcement, everyone in the room came alive with energy. Jake had slipped Senator Dott onto his list of prospective witnesses quietly and a glance at Wilbanks' table proved that they hadn't expected to see a US Senator on the stand today. Jake couldn't help but smile to himself as Dott entered the room through the same door as Kayhall had and sat down at the witness stand, where she was sworn in.

"Senator Dott," began Jake, "please tell the court your position in the government."

"I am a Democrat from New Hampshire. I've been in the Senate for 4 years now and have served on multiple committees, including one that worked to promote tolerance of minorities around the country."

"Thank you. Senator, where were you the day the Capitol was attacked by mutants?"

"I was trapped inside the House of Representatives chambers, like all the other Congressmen and women."

"Would you please tell us what happened that day?" Jake had gone over this testimony with Senator Dott many times. They had also gone over the testimony with Capitol officials, who had prohibited some parts of Dott's story to be told. They didn't want the general public to know everything that happened in the Capitol for fear that some mutant might be inspired by the more cruel aspects of Magneto's attack. Jake had no problem with leaving these parts out. It wouldn't do for mutants to look like monsters, even if Magneto was one.

"I'd be glad to," answered Dott. "We had been called together for a joint session that would last one month. On the third day of the session, we were interrupted by a group of guards running into the chamber and telling everyone to get on the ground because we were under attack. But before we could move, a man entered the room through a door in the back. I looked back just long enough to see that he was wearing a cape and a helmet and that he was flying. That was enough to convince me to get on the ground and start praying. Soon, I heard gunshots. When the shots stopped, I slowly raised up to look over the row of chairs. That's when I saw the guards lying in a pile on the ground. The man in the helmet was now in the front of the room, standing at the podium. He began talking as if he was going to give a speech. He said he was a mutant named Erik Lensherr, but that we preferred to be called Magneto. Then he described his beliefs that mutants are the next step in human evolution. After a long speech, he said he was going to kill us. But he was stopped by a group of mutants that stormed into the room and started fighting him. They fought until finally the group of mutants won and Magneto was knocked out cold. That was when the building began to rumble and we all realized that it was going to collapse, so everyone just ran as fast as they could. The group of mutants helped most of us escape before the building fell and we wouldn't have made it if not for them. Personally, I was lost in the confusion until one of the mutants grabbed my hand. I didn't get a real good look at him, but I did notice he had blue fur over his body. Anyway, he grabbed my hand and the next thing I knew I was standing outside. He had teleported myself as well as several other Congressmen out of the building. Then he disappeared, and reappeared with more people a moment later."

Professor Xavier smiled to himself throughout the latter part of the story. He was quite proud of his X-Men, even if they must remain anonymous.

"That's quite a story, Senator Dott," said Jake dramatically. Oh, what he would do to get to walk back and forth across the floor of the chamber right now. It was hard to hit a stride from a chair. "It sounds like you were incredibly lucky to survive."

"Yes, I believe we were."

"Objection," snarled Wilbanks. "That's speculation."

"And it is correct speculation, Mr. Wilbanks," said Justice Anne Boyles, who had been noticeably moved by the story.

Wilbanks turned to Bolders for the official ruling.

"Overruled."

Jake smiled. It was just so much fun to see Wilbanks get overruled.

"Now you say you were rescued by a group of mutants, Senator?" he continued.

"Yes," said Dott with a nod. "There were seven or eight of them I believe."

"Did they ever treat any of the Congressmen threateningly?"

"No, not at all! They were very kind, even respectful towards us."

"If you were to judge their behavior, Senator, would you say they acted more like animals or humans?"

"Objection!" shouted Wilbanks loudly as he jumped to his feet. Every eye turned to him as he stood next to his table. He was clearly troubled by the Senator's presence and afraid of her testimony.

"Sit down, Mr. Wilbanks," said Bolders condescendingly.

Wilbanks sheepishly returned to his seat, his face now bright red. Jake was doing all he could to keep his face from beaming with delight.

"Despite the outburst," said Bolders with an annoyed look at Wilbanks, "the objection is sustained. The senator is not qualified to make such a judgment."

Jake's happy smile was gone. It took all his self-control to keep himself in his own seat now.

"Your honors, I'm not asking for a scientific opinion. I merely want the Senator to tell us what her experience was with the mutants. Did they seem more like animals or humans in her personal opinion?"

"Regardless, Mr. Roberts, she is unqualified to make such a distinction."

Jake's eyes lowered in defeat. He wanted to press the matter one more time, but that would be a rookie mistake and he doubted the chief justice of the Supreme Court would reverse the decision. He looked back at Dott after shuffling his notes.

"Senator, did you vote for the Anti-Mutant Act?"

"I did."

"Do you still believe in it?"

"I most certainly do not! At the time, I believed mutants were savages who must be kept at bay. But the incident at the Capitol changed my mind. I know it seems strange, but I saw compassion in the faces of the mutants that saved us. It was obvious they didn't want anyone to get hurt. When they escorted us out of the building, they put themselves at risk. They could have easily ignored us and escaped on their own, leaving my fellow congressmen and I to die. But instead, they didn't leave until every single person, including the mutant who originally attacked us, was out of the building. If I had it to do over again, I would fight against the Anti-Mutant Act as hard as I could and ensure it was never passed."

Once again, Charles Xavier beamed with pride.

"Thank you, Senator. No further questions."

Now all eyes turned to Wilbanks, who was sitting calmly in his chair. The frazzled look was gone now that it was his turn. All Jake could do was watch and pray that Wilbanks wouldn't tear up his key witness.

"Senator Dott, could you refresh my memory on the name of the mutant who first attacked the Capitol?"

"It was Erik Lensherr, but he called himself Magneto."

"Yes, and this Magneto, what should be done with him in your opinion?"

"He should be put in prison for the remainder of his life." Ever the politician, Senator Dott was not about to admit she thought he should receive the death penalty. A statement like that could hurt her in the next election.

Wilbanks feigned shock. "So the mutant who killed ten guards before your eyes and then threatened to take your own life while declaring that mutants are better than humans, you believe he should be allowed to live?"

"Yes," she lied.

"Why give him such mercy, Senator? As the governor of New Hampshire you denied clemency to," he glanced at his notes briefly, "sixteen prisoners, I believe. And the worst of those men only killed 4 people. Why are you so gracious to your own attacker, Senator? Why so much mercy to a man who killed ten guards right in front of you?"

It was a low blow and everyone in the room knew it. Wilbanks was trying to throw her off guard and seemed to be succeeding.

"And what about the mutant who killed the President, Senator?" continued Wilbanks. "We haven't found him yet, but when we do, should we let him live?"

"Objection, your honor," said Jake, raising his hand like a schoolboy. If he couldn't stand up, he would find another way to express his anger at the remark. "The Senator's history on the death sentence is completely irrelevant. As is her opinion on the fates of such obvious criminals."

"Sustained. Move on, counselor."

Wilbanks shook his head as he hid a smile. Objection or not, he had Dott completely frazzled now.

"Mrs. Dott, are you aware that your group of 'savior mutants' killed another mutant on the steps of the Capitol that day?"

Dott's face took on a look of shock. "No, I was not aware of that."

Wilbanks looked like her best friend delivering bad news. "I'm afraid one mutant was burned to death by the group that saved you on the Capitol steps because he wouldn't let them in. His body was scorched beyond recognition."

Dott was obviously disgusted by the visual image in her mind.

"Tell me, Senator, are you still so impressed by those mutants?"

She looked for a moment at Jake as if to ask why she had not heard about this. Finally, she turned to Wilbanks and opened her mouth to speak.

"No, I'm not. Murdering a man on the steps of the Capitol is an outrageous offense!"

Wilbanks' face lit up instantly. "But they saved your life, Senator."

"And destroyed another! All murderers are the same and that means they're no better than Lensherr!"

Wilbanks turned his head slowly up to the bench with a wide smile crossing his face. He let the Senator's words dissipate into the air dramatically before allowing everyone to move on.

"No further questions, your honors."

"Very well. Thank you Senator. You may step down now."

She stood up and left the room quickly without turning to look at Jake. He had just lost his star witness and he was left with no one to repair the damage. When she was gone, Bolders turned his head back to Jake.

"Call your next witness, counselor."

Jake looked up humbly. "I don't have one, your honor. We rest."

Bolders nodded as he turned to Wilbanks.

"Then that makes it your turn, Mr. Wilbanks."

"Thank you, your honor. We will call Dr. Thomas Cowan to the stand."

A new door opened and Dr. Cowan emerged and headed for the witness stand.

"Dr. Cowan teaches at Yale University and has written many theses over the years about evolution, as well as the effects of radiation. I present him to the court as an expert on human and mutant evolution."

"All right," said Bolders.

Wilbanks turned to his expert quickly. "Dr. Cowan, you published a theory as to how mutants came to be on this Earth about two years ago, did you not?"

"I did."

"What was your conclusion?"

"I concluded that mutants are a direct result of radiation in the atmosphere. Starting with the bombing of Hiroshima to end World War II, many nuclear bombs have been detonated over the course of the last century. Many countries around the globe, such as America, Russia, Pakistan, and North Korea, have performed tests with nuclear weapons that have left radioactive particles dissolved in the air. These particles then returned to the Earth mixed in rain. This has led to mutations in some humans that make them incredibly dangerous."

"How are they dangerous, Doctor?"

"Well, their mutations themselves are dangerous. Some fire destructive beams from their bodies. Others can control the elements such as wind, water, and fire. And some have telepathic abilities that enable them to control other people's minds."

There was a short pause as every eye in the room turned to Professor Xavier suspiciously. Everyone there knew what his power was.

"On top of this," continued Cowan, "they seem to be incredibly hostile towards others. They are always caught up in some seemingly never-ending chain of fights and battles with one another. And lately, these battles have included a death toll. Riots in California have left nearly 50 mutants dead and almost double that in human deaths. During the attacks on the Capitol and the White House, 90 American men were killed by mutants. The body count is rising uncontrollably! Mutants clearly cannot control their destructive and murderous tendencies."

Jake wanted to object to that statement, but couldn't think of anything that would work, so he kept quiet.

"What do you believe is the solution to this crisis?" asked Wilbanks smugly.

"We should lock up as many as possible and ban nuclear testing. Eventually, mutants will disappear. The radiation will disperse into the air enough that no one could consume enough of it to form a mutation. In 100 years, mutants will be a thing of the past."

"Thank you, Dr. Cowan. No further questions."

"Mr. Roberts?" questioned Bolders.

"Just one question, your honors." Jake didn't want to try to argue science with a celebrated scientist such as Cowan, so he decided not to ask how Cowan had come to his conclusions. Instead, he attacked the heart of Cowan's testimony.

"If mutants are a result of Hiroshima, Doctor, why is it only recently that we have become aware of them?"

"The blasts at Hiroshima and Nagasaki did not release enough radiation to cause widespread mutations. It wasn't until the 1950's, when America and the Soviet Union began testing nuclear weapons left and right, that we began to see mutants appearing."

Charles Xavier, Logan, and Magneto all existed as living proof that Cowan was wrong, but unfortunately Jake wasn't aware of this. He simply accepted the answer and moved on.

"No further questions, your honors," said Jake. That cross-examination had been a complete bust.

Cowan left the courtroom quickly while Wilbanks announced his next witness. This one was every bit as much of a surprise to Jake as Ellen Dott had been to Wilbanks, if not more so.

"My next witness, your honors, will be Senator Edward Kelly."

Xavier looked up in shock. This was about to turn very, very ugly.

Kelly emerged into the room and sat down as he was sworn in. Soon, Wilbanks was ready to talk to his surprise witness.

"Senator Kelly, you were nearly killed by a mutant at the Capitol just like Senator Dott, were you not?"

"I was."

"We have all heard the story told very well by Senator Dott, so I won't ask you to repeat it. But I was wondering if you came away with the same impressions as your fellow senator."

"I did not. That event further convinced me that mutants are a threat that must be stopped."

"Now it was your brother who first proposed the Anti-Mutant Act a year ago, was it not, Senator Kelly?"

"It was."

"What happened to him?"

"He was murdered in Chicago by a mutant along with dozens of other innocent people."

"Wasn't it in fact by the same mutant who attacked the Capitol, Senator?"

Kelly was visibly angry at the thought of his brother's murder. "It was."

"Senator, other than the Congressmen in the room with you and the mutant who killed your brother, did you recognize anyone else in the room that day?"

Xavier's eyes were now fixed on Kelly, who was staring right back at him as confirmation of what was about to happen.

"I did. I knew the mutants who 'saved' us." He spat out the word "saved" with an annoyed and ironic tone.

"Really?" said Wilbanks in a feigned surprised tone. "Who were they?"

"They were a group of mutants from Bayville, New York, my hometown. I was once the principal of the high school there. They were students of mine. They were also the same mutants who did millions of dollars in damage while fighting a giant robot two years ago. Their names are Scott Summers, Jean Grey, Kurt Wagner, Catherine Pride, and Rogue Adler. The group calls themselves the X-Men. They are the same X-Men who were named by my brother when he first introduced the Anti-Mutant Act in October. They are also the same X-Men who attacked the detention camp in Guantanamo Bay last year, killing dozens of soldiers. They have been trained to use their powers as weapons and to fight battles with anyone in their paths. While at my school, they caused quite a bit of damage and frequently engaged in fights with another group of mutants at the school."

"Who would train them to do these things?" asked Wilbanks innocently.

Kelly turned his head to look straight into Xavier's eyes as he raised his hand to point at him. "Charles Xavier."

The whole room emitted an audible gasp at this. Every eye again turned to Xavier, but this time with shock on the faces rather than suspicion. Xavier silently held his head up high with his eyes locked on Kelly's, a task that took every ounce of strength he had at the moment.

Finally, Kelly continued on after letting the words sink in for everyone in the room. "He gathered them under the pretense of a boarding school for mutants. In actuality, it is a training ground for a mutant army. They have facilities that would rival those of our own army!"

"Really? That's incredible!" said Wilbanks, who was clearly enjoying this moment. In glancing around the room, he could see he had everyone shocked, including Jake, whose mouth hung open as he stared back and forth from Kelly to his client.

"It's the truth," said Kelly matter-of-factly, leaving no doubt that he knew what he was talking about.

"Thank you Senator Kelly. I have no further questions."

Bolders shook his head out of the daze he had been in and looked at Jake. "Would you like to cross-examine, counselor?"

Jake still couldn't believe it! His client was the leader of an underground mutant army! He had been blind-sided by Wilbanks' bomb. He became faintly aware that Bolders was speaking to him and looked up at the Chief Justice.

"I'm sorry, what was that?" he asked stupidly.

"Would you like to cross-examine the witness, Mr. Roberts?" repeated Bolders.

Jake shook his head slowly. "No, your honor." The damage had been done and there was nothing Jake could do to repair it.

"Then you may step down, Mr. Kelly," said Bolders.

Kelly nodded and left the room with a satisfied smile and a slight skip in his step. He had clearly enjoyed his time on the stand.

"We have one more witness, your honors," said Wilbanks. "I'd like to call Mr. Charles Xavier to the stand."

If the courtroom had been buzzing before when Kelly and Dott had been announced, then it was absolutely roaring now. Jake quickly shot his arm into the air.

"Objection! Your honors, I have not been informed that my client would be a witness for Mr. Wilbanks!"

"Look at your list of prospective witnesses, Mr. Roberts," said Bolders slowly. "I believe you'll find Mr. Xavier listed there."

Jake quickly shuffled through his papers until he found the list. He scanned the names quickly and soon found it. Three-fourths of the way down the list was the name Charles Xavier. He looked up at his client in shock, but it was clear from Xavier's face that he was every bit as stunned as Jake. Finally, Jake looked at Wilbanks, who was sitting at his bench with a huge grin. He must have slipped it in recently. Jake hadn't looked at the list in the last week since he was busy prepping his own witnesses. Wilbanks must have quietly put Xavier on the list some time since then. Slowly, Jake's head fell in defeat. He nodded silently, which Bolders accepted to mean Xavier was in fact on his list.

"Then the objection is overruled. Mr. Xavier, please approach the stand."

Xavier kept his eyes on Wilbanks as he moved his wheelchair to the witness stand and was sworn in. Since he couldn't climb the steps into the stand, he stayed in his wheelchair on the floor beside it. When Wilbanks looked up at Xavier, he found the telepath's eyes locked on his own.

"Mr. Xavier, would you please tell us what it is you do for a living."

"I own and operate the Xavier Institute for Gifted Youngsters."

"Gifted? What do you mean by that?"

"My students are all mutants. I help them learn to control their powers so that they don't hurt anyone."

"According to Senator Kelly, you train them to do much more than that," smirked Wilbanks.

"Objection!" shouted Jake.

"Overruled," said Bolders quickly.

Xavier turned his stare back to Wilbanks. "The group of mutants that saved the lives of the Congress were my students. They have been trained to use their powers in a battle situation, but I only trained them to do this so that…"

"Thank you, Professor," said Wilbanks, effectively cutting him off. "But tell me, did you train them to kill?"

"No!" protested Xavier quickly. "I would never ask anyone, especially my own students, to kill another human being!"

"Then why have your students killed one mutant and dozens of American soldiers?"

Xavier winced slightly. He had watched silently as Wolverine killed soldiers in the mansion when they were first attacked. Later, the X-Men had killed even more soldiers in Cuba. Then Scott had killed Pyro in Washington. It only struck him now that the X-Men's bodycount was rising quickly.

For a brief moment, he was tempted to use his powers. There weren't but twenty people in the room. He could easily wipe their minds of the last few minutes, then force the justices to rule in favor of mutants. But that would be ignoring the laws. If he acted as if he were above the laws of the country, then he would be acting just as Magneto had. He refused to stoop to his old friend's tactics. Instead, he would allow these proceedings to go on without his interference.

Wilbanks hadn't expected an answer, so he wasn't surprised when Xavier didn't offer one. He simply shrugged and moved on. The damage had been done without a response.

"How do you find your students, Professor?"

"When we learn of a teenager whose mutant abilities have recently manifested, we approach the child and their parents and politely ask them to consider enrolling at our school."

"And if they say no?"

"We would never force a student to come with us, if that's what you're implying."

"How many students have you attempted to recruit?"

Xavier thought for a moment and mentally counted everyone he had approached or tried to approach over the years.

"Eleven."

"Did they all accept?"

"No, one refused and one we tried to approach but never had a chance to." It wouldn't do to mention that that one was Blob, who had been involved in the Capitol attack.

"So that means you have nine mutants living and training for battle at your 'institute,' and ten if you count yourself."

"They're not training for battle…"

"Just answer the question, Professor," interrupted Wilbanks.

Xavier sighed. "Yes, there are ten people living at the Institute."

"Professor Xavier, as you answer the next question I want you to remember that perjury is a crime. Are you building a mutant army?"

"No!" growled Xavier harshly.

"Then tell me Professor, what are you building?"

Again, Xavier was reminded of the words of Magneto back before the X-Men had been founded. They had both been trying to recruit Logan and they both happened to find him at the same time. When Logan agreed to go with Xavier, Magneto had turned to his old friend and asked, "if not an army, what are you going to build?" The words had haunted him ever since.

"The X-Men are not an army!" he said forcefully. "They are a group of mutants who are trained to use their powers to protect those around them. That is what they did at the Capitol. They protected the leaders of our government and saved their lives!"

"And when it was all over," said Wilbanks, continuing Xavier's story, "they leveled the building and allowed another mutant to assassinate the President. Some protection they provided. No further questions, your honors."

Wilbanks smiled smugly in his chair as Bolders turned his attention to Jake.

"Your witness, Mr. Roberts."

"Thank you, your honor," said Jake, who was still in a small state of shock. Wilbanks had landed a huge bomb on him and Jake wasn't sure how to fix it. He just knew he had to do something. He decided to just start asking questions and see what happened.

"Professor Xavier, what is your position on human and mutant relations?"

"I firmly believe that humans and mutants can exist together peacefully if given the chance. I have seen and experienced this peaceful cohabitation often."

"And aren't you well known around the country for this belief?" asked Jake.

"Yes. I have published three works where I explained this philosophy in detail."

"So you are a well-known supporter of peace between humans and mutants?"

"Yes."

"Professor, what would you have to gain from organizing a mutant army?"

"Nothing. It would only cause humans to feel more distrust against mutants. Since regular humans hold the majority in the world, a mutant army could never bring about any substantial change in mutant perception. They would eventually be overpowered and destroyed."

"Then why would Mr. Wilbanks make such an outrageous claim against you? If what you say is true, then he has no proof to base such accusations."

"There is no proof of what he is suggesting for the simple reason that his accusations are wrong. I believe he said what he said as a desperate attempt to win this case. He has probably seen the Anti-Mutant Act for what it is, an unconstitutional and discriminatory law."

"Objection," said Wilbanks quickly, but politely. He wasn't really worried, but that had warranted an objection and he did love to object.

"Sustained. Mr. Xavier is not qualified to decide what sort of law the Anti-Mutant Act is. That's why we're here today," said Bolders.

"I have no further questions for my client, your honors," said Jake once Bolders was done.

Xavier immediately began moving back to the bench to sit beside Jake again. Bolders turned his attention back to Wilbanks.

"Do you have any more witnesses, counselor?"

"I do not. The people rest, your honors."

"Well then," said Bolders as he gathered his notes. "We will recess until we have a ruling. Counselors, we'll contact you when we're ready. Dismissed."

Slowly, everyone in the room stood up for the first time in hours. They had been in the courthouse since 10:00 that morning and it was now mid-afternoon. The reporters and lawyers were hurried from the room by the guards. Once outside, Jake and Xavier returned to Jake's office, where they met Hank. They ordered lunch and began the nervous wait for the ruling.

*****

After four hours, they were still in the office. They had been discussing the events of the day and had decided that it didn't look good. Even Xavier and Hank had to admit that had they been the Supreme Court today, they would have ruled in favor of the USA based on the testimony given.

Finally, the door opened and Dylan Brigans, one of Jake's three young assistants, burst through the door.

"The Court just called," he said excitedly. "They're back!"

*****

Once everyone was settled back into their seats, the Justices reemerged into the courtroom. Jake and Xavier sat nervously in their seats. Neither one looked over at Wilbanks, but if they had they would have seen a man who looked completely comfortable in his surroundings. The only person who knew the truth was George Wilbanks himself. His demeanor appeared cool, but inside he was every bit as nervous as Jake.

Finally, Bolders took a deep breath and began to speak.

"This case is the most important case to come before the Supreme Court in decades. Never has this set of justices deliberated for so long or so intensely. But in the end, we came to an eight to one decision.

"This country was founded on the principle that every man was created equal. Despite that belief, America enslaved an entire race for nearly a century. It then took another century for the country to declare that race fit to enjoy the same luxuries as the dominant race. Only today are we beginning to see racial equality in our country and we still have a long way to go in that area.

"But the question raised by this case is whether mutants were created equal with humans. In essence, the question is 'are they men or animals?' In the opinion of this court, they are men. As such, it would be wrong to deny them the freedoms they deserve. It is our belief that the Anti-Mutant Act was nothing more than a setback for equality in America. Therefore, we find in favor of Charles Xavier and we rule that the Anti-Mutant Act is unconstitutional and must be repealed immediately. All mutants currently imprisoned by the government must be immediately released back to their homes and families."

Bolders rapped his gavel down on the podium twice. "Adjourned."

The reporters in the crowd were buzzing at the verdict. They immediately ran from the room to call their superiors and break the news. Wilbanks slowly rose to his feet, grabbed his briefcase, and left the courtroom without a word to anyone. He never even glanced at Jake. It wouldn't sink in for a few hours that he had just lost his first case in thirty years. In the meantime, he intended to go home and hide from the world.

Jake sat in stunned silence in his chair. His mouth hung open as his assistants jumped with joy and hugged each other. He had won! He had beat Wilbanks! He had ensured freedom for mutants and, in a way, avenged his lost brother! He had dreamed of this moment for years, but he had never known just how he would celebrate it or how he would feel. Now that the moment had arrived, all he could register in his mind was absolute awe. He was awoken from his daze by the hand of Charles Xavier sticking over his chest.

"Congratulations, Jake! And thank you."

Jake clasped the hand firmly and shook it with all his might as glee finally found its way to his face.

"Congratulations to you too!" he shouted, not caring who heard him. "And I owe you thanks as well. You helped me more than you can know!"

Xavier smiled at him knowingly. "I think you forget one thing. I'm a telepath."

Jake grinned. "Oh yeah. Well then I guess you do know how you've helped me, don't you?"

Xavier chuckled lightly. "Sorry. You were projecting your thoughts. I wasn't trying to invade your mind."

Both men simply laughed as Jake finally rose to his feet.

"Well," said Jake, still wearing his boyish grin, "I guess I'm off to find the reporters. I'm sure they'll wanna see me."

"Yes, I'm sure they will. I'll see you at your office later."

Xavier watched Jake practically skip through the courtroom and out the door. Finally, he turned his wheelchair and headed for the back door that had a wheelchair ramp leading outside. When he left the building, he immediately saw a van waiting for him with Hank in the driver's seat. Hank helped him into the back of the van and the two mutants drove off.

"Well Charles, we did it!"

"Yes we did, Hank. It's over. We're free once again."