A/N 1: Sorry about being longer than normal between updates…I took most of the night off to do some reading. Just finished Fawe's "A Tangled Gateway" JAG – SG1 X-Over. Highly recommended if you have yet to read it. Its long…real long, but well worth the read. Back to writing now though…I'm guessing one or two of you are cursing me for leaving the last chapter where I did. (NOTE: I'd originally credited the story A Tangled Gateway to Anika Skywalker. While the stories I've looked at by Anika are very good as well, this was a mistake. The story is Fawe's not Anika's. Sorry about the mixup)

A/N 2: I know Chuck DePalma disappeared after season 4 and was replaced as the local nosey reporter with Stuart Dunstan, but to be honest I always liked DePalma more so I'm using him in my story.

A/N 3: Ack…more trial stuff. Sorry, I know I wanted to get it into one chapter, but someone (yes, you know who you are!) mentioned Harm being cross examined by Mac and my brain just started running wild (yes, on more than one level) but I actually thought a courtroom tribute to AJ would be more interesting at this point. Damn…I need to get everyone off this carrier. So…without further ado…more trial!

Chapter 16

USS Patrick Henry
Wednesday June 16, 2004
1400 Zulu

Silence reigned in the courtroom. Not even the reporters in the back of the room moved…it hardly seemed that anyone was breathing. The Admiral's revelation had shocked everyone to the core.

Releasing a breath he hadn't realized he was holding Harm looked around the courtroom. Shock, and yes disbelief were evident on every face.

"Your witness Colonel." The Admiral's voice cut through the silence.

Standing, Mac took a moment to look over her files before she looked up at the Major. "Major Stokes, can you say with complete certainty that the radar image you are seeing there came from an Air Force AWACs plane on June 6th?"

"Complete, one hundred percent certainty ma'am? I can tell you that radar image is from an Elint aircraft…most likely an AWACs because of the bullseye. I can tell you its American, I can tell you it has a time stamp that indicates it took place on June 6th. Can I guarantee someone hasn't tampered with it? No ma'am. But I'd stake my career on it."

"Thank you Major, a simple yes or no would have done. What about the Iraqi radar image? What can you tell us about it?"

"Well ma'am…it appears to be from a ground based station as I said to the Admiral. Indicators on the image are written in Arabic…and I don't read a whole lot of Arabic ma'am. I can make out some of it…if you read from the top right leftwards ma'am you can see the recorded date…as far as I can tell. You would have to ask someone fluent in Arabic to translate it all."

"Is there any possibility that these two images are the same thing?"

"In a way ma'am. As I said the three MIGs are on both, the Tomcat is on both. It is that last aircraft that raises questions ma'am. It's a Lear on one and a MIG on the other."

"Could the difference be accounted for in the fact that the Iraqis are using Russian made radar systems while the AWACS uses American?"

"No Ma'am. Even though they are two different systems a fighter would not show up as a commercial aircraft. Radar signatures are too different."

"Thank you Major, that will be all. Although we reserve the right to recall this witness Skipper."

"Understood Colonel. Major, you may step down."

After the Major had departed the courtroom the Admiral stood up and announced the next witness. "The defense calls Commander Harmon Rabb Jr."

Harm stood and moved to the witness stand and raised his right hand without being told.

"Do you swear that the testimony you give here will be the truth and nothing but?" The Admiral asked.

"I do."

"Be seated."

"Skipper…I know this is unusual but may I have a word."

"Quickly Commander. Council will approach as well."

As soon as the Admiral, Mac and Bud had come to the table Harm made his statement. "Skipper…I'm more than willing to testify in mine and Skates' defense. I do however request that the media be cleared from the room for my testimony."

"I think I know where you're going with this Commander."

"I was sure you would sir. The nature of the mission as well as the origin of the orders probably shouldn't be made public knowledge."

"Commander, as much as I agree with you, we'd have one hell of a problem on our hands if we did clear them out for your testimony. You're the reason they're here. Admiral, Colonel…do either of you have any objections?"

"None Skipper." Mac said.

"Ah hell, let them stew." The Admiral said with a tiny self satisfied smile.

Nodding the Captain looked up at the two Marine guards standing at the back of the room. "Sergeant, Corporal, clear the media from the courtroom."

"Aye aye sir." Both Marine said in unison and then they began to urge the members of the media to their feet and directed them to the hatch.

Once the media were cleared Harm retook his seat and watched the Admiral step up to him. "Commander, could you recount for us the events in question?"

"Yes Admiral. I received a set of written orders on June 5th detailing the mission in question. I was to open the orders upon my return from my mission of the 5th. The orders called for a combat air patrol utilizing a single aircraft to cross into contested territory. Other than that there were coordinates of the route we were to take as well as refueling points on the way in and out. At 1800 on June 6th I went up with my RIO and began the patrol. We made contact with the refuel plane as scheduled and then continued on mission. We were contacted by the Hawkeye tasked to provide radar coverage and informed of a mechanical problem. I made the call to order them back to base because a damaged bird jeopardizes their mission and told them to have the standby launched. We were also informed of a radar contact they had picked up on the edge of their range…three bogies, identified as probable MIGs. As we ourselves we about the leave radar coverage they were confirmed as MIGs and the threat was updated to four, not three, bogies. We engaged, I downed two with guns, smoked a third with a missile. It was then that my RIO alerted me to the fourth bogie on our six. I engaged in evasive action, but could not shake him. At the time the bogie had a missile lock on us, but at the last minute switched to guns and fired. We took hits to the engine and rear fuselage; our systems were going haywire and there was no way to salvage the bird. I made the call and pulled the ring."

"Who gave you these orders Commander?"

"The CIA sir."

"In particular?"

Harm paused before he answered to look at Mac. He'd known this moment would come, but it didn't make it any easier. "Clayton Webb."

"Why did Mr. Webb give you written orders Commander?"

"He was called away from the carrier on the night of the 5th. He wasn't sure if he would return in time for the start of my mission on the 6th. I guess he just felt he was covering his bases sir."

"Objection, speculation." Mac said quickly, coming to her feet.

"I'm going to allow it Colonel. I would say that based on the Commander's working relationship with Mr. Webb he is in a position to make such a judgment."

As Mac sat down again Harm looked at her closely…she was hiding it well but this discussion of Webb was opening her wound again. Damn he hated doing that to her…he knew what it was like to lose someone you were close to. Focus Rabb…you need to focus on the Admiral.

"When did the standby Hawkeye arrive on the scene?"

"They never did while we were in the air sir."

"Why use a Hawkeye instead of the AWACS? Your mission took place over land after all."

"You'd have to ask Mr. Webb that sir, he planned the mission. I would assume it was because he was using Navy personnel for the mission."

"Commander, you didn't mention adjusting course to engage the hostiles."

"No sir…we didn't adjust course. Their course and our's was a direct intercept sir."

"What do you think that means Commander?"

"Objection! Calls for the witness to make an opinon."

"I withdraw the question. Thank you Commander." The Admiral said as he turned to return to his seat. Pausing at the table he turned back to Harm and raised his finger. "Just one more question Commander. Did you shoot down an unarmed civilian aircraft."

"No sir. I downed three MIG Floggers sir…all of them hostile."

Nodding silently the Admiral resumed his seat and looked at Mac. "Your witness Colonel."

Mac stood up and strode over to the witness chair. "Commander Rabb, why were you working with the CIA?"

"I'd been ordered to."

"By whom?"

"The Secretary of the Navy."

"Why would the Secretary of the Navy order you, a Naval Aviator, to fly missions for the CIA?"

"I would assume it was because I'd flown for the CIA late last year…in a non-naval capacity."

"Isn't it true Commander that you were flying these CIA missions on top of the missions you regularly flew with your squadron aboard the Patrick Henry, the Raptors?"

"You could say that Colonel."

"Yes or no Commander?"

"Yes."

"In fact, isn't it true that in the week leading up to the mission in question you and your RIO flew an inordinate number of missions? Well above normal?"

"Leading up to the 5th yes, but after our mission of the 5th we flew no missions until 1800 when we took off for the mission in question."

"Is it possible Commander that due to the high number of missions you were flying you could have…made a lapse in judgment? An error?"

"No Colonel, its not." Harm said with confidence.

"Oh come now Commander, we all get tired. We all make mistakes. Isn't it remotely possible that you, after flying more missions that you should have, made a mistake and thought a civilian aircraft was a MIG? In the middle of a dogfight, with three hostile targets you mistakenly shot down a non-aggressive aircraft?"

"No Colonel, it is not possible." Harm said even more firmly. "Lear jets don't mount hardpoints, and they don't fire air to air missiles."

"How can you be sure that…"

"Objection, badgering the witness." The Admiral said coming out of his seat.

"Objection, asked and answered." Bud said coming out of his seat at the same time as the Admiral. Blushing he quickly took his seat again and looked up at the Captain.

"Sustained…on both points." Captain Ingles said.

"I withdraw the question."

"How do you explain the Iraqi radar image that shows an unarmed Lear Jet instead of the MIG as you say it was Commander?"

"I can't Colonel, not without stepping into the realm of speculation."

Biting her lip Mac looked back at her files on the table and then back at Harm.

"Was Mr. Webb here to debrief you on the 5th of June after your mission?"

"No, he had not returned at that time."

"Who preformed the debriefing then?"

"One of Mr. Webb's associates in the CIA."

"His name Commander?"

"He never gave it to me Colonel."

"Don't you think that somewhat odd?"

"Not for the CIA Colonel."

"Where is this associate of Mr. Webb's now?"

"I don't know Colonel…he hasn't been seen since he debriefed us on the 5th."

"Was this a CIA assassination attempt Commander?"

"I have no knowledge of that Colonel. My orders stated it was a combat air patrol."

"Isn't it odd to have a single plane flying a CAP?"

"Odd yes. Unheard of, no. The CIA frequently makes use of single plane elements in their missions. We'd also been flying continuous patrols throughout the last few days and there were no other planes to spare. They were either in the air or hadn't ended their down cycle."

"No further questions."

Harm stood and walked back to his seat. Some of Mac's questions seemed strange to him, but then again the more that came out about this case, the more confusing it was, and the harder it was to prove that anything happened. He didn't envy Mac right now. As Harm sat there lost in thought he completely missed the Admiral and Mac's closing arguments.

"The defense rests Skipper." The Admiral said pulling Harm back into the real world.

"Very well…Colonel would you like to recall any witnesses?"

"No sir."

"Alright. We will recess until 1800 hours and then reconvene to hear the findings."

ZNN Newscast
Wednesday June 16, 2004
1800 Zulu

"Today the defense in the trial of Commander Harmon Rabb Jr., CAG aboard the USS Patrick Henry and his Radar Intercept Officer, Lieutenant Commander Elisabeth Hawkes, made their case. The Commander and Lieutenant Commander are undergoing an Article 32 hearing because of allegations that they fired upon and destroyed an unarmed civilian aircraft."

"The defense utilized witnesses to highlight discrepancies in communication tapes from the night of June 6th of this year. Also on the defense's list of witnesses was Major Stokes, an army intelligence officer stationed here in Iraq to discuss some irregularities in radar images provided as evidence."

"Commander Rabb himself took the stand in defense of himself and his RIO, but due to the sensitive nature of some of the material the Commander possesses the media was not allowed to attend his questioning. A redacted transcript of the Commander's testimony has been provided which includes the Commander's account of the progression of the mission in which he states that he and his RIO encountered four hostile MIGs over contested territory, not an escorted civilian aircraft as has been stated."

"The convening authority in this case, Captain Ingles, commanding officer of the USS Patrick Henry, has ruled that there is not sufficient evidence to proceed with the Article 32 hearing, and has dismissed all charges against the two aviators. The Captain is recommending to the World Court that War Crimes charges not be pursued."

"Upon releasing his findings the Captain returned the CAG and his RIO to active flight status and ordered their return to their unit the Raptors."

"In related news this in all probability marks the last case that will see the current Judge Advocate General of the United States Navy in a courtroom as Admiral AJ Chegwidden has announced his retirement. When asked why he was personally conducting the defense for this case the Admiral replied

"I heard the Gulf was nice this time of year. Now get the hell out of my way!"

"This is Chuck DePalma broadcasting live from the USS Patrick Henry in the Persian Gulf, ZNN News."