Chapter 5: A New Life
The Next Morning, Peterson Air Force Base Brig
"Who are you?" Sam demanded as the young man in uniform entered the visitation room.
When the guard came to get her earlier, telling her that she had a visitor, she had expected it to be Daniel or General O'Neill - not a twenty-something year old Captain she had never laid eyes on before. She looked over the man and quickly sized him up. He was about the same height as she was, maybe a little shorter, with soft gray eyes and light brown hair. In Sam's estimation, he was no older than twenty-seven or twenty-eight.
The young man smiled nervously at Sam and introduced himself, "I'm Captain Edward Phillips. I'm with JAG. I was assigned your case yesterday afternoon after you were charged."
Sam laughed cynically. She knew what this was about. The government and military had decided to give her the semblance of a fair trial, but were unwilling to let her have any chance of getting off. So they had assigned a young, inexperience lawyer, probably just out of law school who probably had never seen the inside of a courtroom.
She stared at the shy young Captain with disdain, "Do you even know what my case is about?"
"Yes, Colonel. You have been charged with treason for stealing military technology, espionage, and disobeying direct orders. Pretty serious if you ask me."
"Yes it is, Captain. Do you mind my asking...how old are you?"
"I'm thirty, ma'am. I look younger than I really am. Good genes and all."
"Lucky you," she replied sarcastically.
Phillips smiled at her brusque attitude and quietly explained, "Ma'am, with all due respect, I am an experienced and well-qualified lawyer. I can assure you of that. I am a graduate of Harvard Law School and have been with JAG for five years."
The mention of Harvard peaked Sam's interest. "Have you ever handled a case like this?"
The young lawyer's brow furrowed worriedly. "Well...no. Not really. But in my defense...how many cases are there out there like this?"
At his attempt at humor, Sam smirked slightly. Perhaps the young Captain was alright after all. "Point taken. Do you know what I'm accused of stealing? Have you even been given clearance to know what I do?"
"About your work with the SGC? Yes. It's quite fascinating. And I know all about the device you supposedly stole – pretty nasty in my opinion."
Sam's suspicions immediately rose. "You know about the SGC?" He nodded in reply. "Are you NID?" she asked.
"No ma'am. I'm Air Force, just like you," Phillips reassured her. "I have no association with the NID. Actually, the President asked my CO to take care of this and to assign you the best possible representation. Seems General O'Neill and the Commander-in-Chief are close and it was a personal favor." He paused and looked at her sympathetically, "You can trust me, Colonel."
Sam scoffed at his words. "That's very funny, Captain. I don't trust anyone right now. Why should I trust you?"
Phillips's attitude suddenly became serious. "Because I'm your lawyer and your life is in my hands right now. The prosecution is going to seek the death penalty if you get convicted, Colonel. I don't know how such an esteemed astrophysicist and officer makes that kind of enemies, but you've got them and they are out to get you."
"What do you want from me?"
"I want you to tell me everything, ma'am. And please be completely honest with me. After all, everything you tell me is privileged information."
Sam sighed in resignation. "Okay Captain. Where do you want me to start?"
"Did you do it?" Phillips asked pointedly.
Sam's eyes met his, a hint of desperation barely visible in their blue depths. "What would you have done, Captain?"
Phillips merely nodded at her response and gently urged, "Why don't you tell me the whole story from the beginning."
Later that day, General O'Neill's Office, SGC
Daniel, Jack, and Teal'c sat in Jack's office discussing the arrest of their teammate and friend, Sam Carter.
"We have to do something, Jack! We can't let them lock her up for this," Daniel exclaimed.
Jack and Daniel were so deep in argument, that neither noticed a soft knock on the door. They only ceased their debate when the door opened and Walter Harriman stuck his head in. "General..."
"Not now, Walter," Jack shouted.
"Sir...Colonel Carter's lawyer is here to see you. He says it's important."
Jack waved his arms in exasperation, "Well, why didn't you say so? Go ahead and send him in then."
Captain Edward Phillips quietly walked into the room and stood at attention before Jack. "At ease, Captain. Please take a seat. Daniel Jackson, Teal'c...this is Captain Ed Phillips with JAG. He's Carter's lawyer," Jack introduced the man.
Daniel and Teal'c nodded at the Captain in greeting. Phillips took a seat in the chair next to Daniel. Jack immediately inquired, "So, Captain...any news? How's the Colonel doing?"
Phillips quickly answered his superior officer, "Well...she was very defensive and angry when I first saw her. She sure comes off as being tough as nails, although underneath it all she's scared out of her mind. But after talking with her, I think she is doing a little better."
"That's good to hear. When can we go and see her?" Jack asked hopefully.
"They are going to allow visitation starting tomorrow. They just wanted to get her settled in and everything first. But...I'm not sure she actually wants to see you."
"What?" Jack was stunned by this news.
Daniel spoke up, "What about Teal'c and me? Does she want to see us?"
Phillips shook his head in the negative. "She didn't say anything specifically about visitors. It's just...Colonel Carter specifically asked me to tell you all not to get involved. She doesn't want anyone in this room to be deemed an accomplice. That's why I'm here. I don't think she wants you all to come and visit or to try and dig up evidence to clear her name."
Daniel looked at the lawyer in confusion, "Why not? We look out for each other. We always have. When Teal'c was suspected of murder, Sam and I found the evidence to clear him."
Teal'c nodded in agreement, "Indeed. And when O'Neill was accused of Senator Kinsey's assassination, Colonel Carter worked tirelessly to find evidence to free him. We can do no less for her."
O'Neill chimed in, "I agree. You'll just have to tell Colonel Carter 'sorry, no deal,' Captain. Carter can't get rid of us that easily. We'll be dropping by tomorrow morning."
Phillips let out a small sigh of relief and a wide smile broke out on his face. "I'm glad to hear you say that, sir...because to be completely honest, I'm at a loss here. Not to be arrogant, but I'm very good at my job. This, however, is a bit beyond my expertise. I am a smart enough lawyer to know that I'm in over my head. I just learned about this program yesterday morning and I was only allowed to know about details relevant to Colonel Carter's case. I have no idea what exactly goes on here, let alone who the Asgard are."
He continued, "What I do know is this...what Colonel Carter did was right and through her actions, she probably saved this planet. Something I suspect she has done before – possibly many times. I also know that it is important, not only for Colonel Carter, but for the safety of this planet, possibly this galaxy, that she not be executed."
Daniel immediately looked up at Phillips in distress. "Executed? What do you mean?"
Phillips winced slightly at having revealed this new information to the Colonel's friends so carelessly. "I talked with the prosecution this morning. They wanted to make a deal. If the Colonel pleads guilty, she will get life in prison. If not, they warned that they are going to seek the death penalty if she is convicted. I'm so very sorry to have to tell you this."
The young Captain paused to sigh in frustration. In observing the three men, he knew instantly and without a doubt that they would do everything and anything in their power to help his client. Their concern for their friend was painfully evident on their faces. He pleaded with them, "I am not beneath asking for help here. You know the Colonel, you know about the device she supposedly helped steal...Do any of you have any ideas of something I could use to defend her? Her life itself is at stake here."
Jack roughly ran his hands through his hair in exasperation. He was at his wit's end. "I called the President even before she was charged. I knew those guys from the NID had it in for her. I thought that maybe he could get them to back off. But the evidence was all there and it all pointed to her. After she was arrested, I called him again and asked if he would be willing to grant Carter a pardon if she is convicted."
Daniel looked at Jack hopefully, "What did he say?"
Jack grunted, "He said no. I'm not really surprised. When something like this happens, the military and the government have to set an example. Unfortunately, the example this time just happens to be Carter. There is no way they are going to let her get away with this. No matter what she has done in the past and no matter what her reasons for doing it."
"You still believe Colonel Carter to have committed the crime, O'Neill?" Teal'c asked.
"I know she did, T. I know, because it's what I would have done if I had been in her shoes. I just wish she had come to one of us for help before she went off and did something stupid like this."
Suddenly, a flash of bright light engulfed the room. When the light dissipated, the occupants of the room were shocked to find the Supreme Commander of the Asgard fleet had arrived. Sitting in his usual throne-like chair, which had appeared on the other side of Captain Phillips, Thor faced O'Neill from across the General's desk and greeted him. "Greetings O'Neill." He then turned toward the other men seated in the room, "Doctor Jackson, Teal'c...it is good to see you both again."
Phillips looked as though he was going to into a state of catatonic shock. The General smiled slightly at the young man's reaction. "Captain Phillips... may I introduce Supreme Commander Thor of the Asgard. Thor... this is Colonel Carter's attorney, Captain Ed Phillips."
"It is a pleasure to meet any friend of Colonel Carter," Thor replied. Phillips was still unable to talk, so he just mumbled a bit and nodded his head in greeting.
"O'Neill, I have come to impart some information to you regarding a device you are missing."
"We know all about it, Thor. Just tell me one thing...why in the world did you help Carter without asking me about it first?" he chastised his alien friend.
"I am sorry O'Neill," Thor apologized. "Colonel Carter said that there was little time and that you were bound by law to follow the orders you had been given."
"Did you not realize that Carter was disobeying orders by contacting you and getting you to steal the device?"
"Yes," Thor admitted without a trace of guilt. "But Colonel Carter was adamant that the device was dangerous and that the people of your world would mishandle it. I have come to tell you that she was correct."
"What do you mean, Thor?" Daniel asked.
Thor explained, "The device is flawed. Any attempt to activate the device would have resulted in it malfunctioning and releasing the virus contained within. What is more, the device also releases nanites designed to penetrate most barriers to allow the virus to spread. One of our scientists, Olla, conducted tests on the device and found that the nanites were most effective. The virus escaped from even our isolation chamber."
"You mean he was exposed to the virus?" Daniel inquired.
"Yes. Fortunately for Olla and the rest aboard the science vessel, the Asgard seem to be immune to the virus. Doctor Brightman's findings about the virus and the Goa'uld were also correct. Olla's tests show that while the virus would have infected the human host, the virus would not affect the host beyond possibly causing sterility. If your scientists had conducted the same tests as Olla on your planet..."
Daniel interrupted him, "The virus would have gotten out and spread quickly."
"That is what Olla believes as well, Doctor Jackson."
O'Neill looked at Thor skeptically. "Wait a minute...Carter and Dr. Brightman tested that device and virus extensively. Why didn't the virus get out then?"
Thor explained, "Olla hypothesized that the nanites are released only when the device is activated. Since Colonel Carter experimented on the device when it did not have a power source attached, the nanites would not have been released. Doctor Brightman only studied the virus, and most likely had the test sample isolated. Without the nanites, the virus was contained at all times in an isolation compartment."
O'Neill nodded. "Okay. So Carter was right. Big surprise there. It still doesn't help her."
"Where is Colonel Carter?" Thor inquired.
Teal'c answered, "Colonel Carter has been arrested and charged in the theft of the device."
A look of hope suddenly appeared on Jack's face. He smiled broadly at his alien friend. "Listen, Thor... we could really use your help here. Could you perhaps beam back up to your ship and then go get Carter? I mean...you could just beam her right out of the brig and it would solve a lot of problems."
Thor looked at his friend sympathetically. "I am most distressed to hear of Colonel Carter's predicament. However, I cannot interfere in your planet's system of justice. I am sorry, O'Neill. It could lead to strained relations with your planet and the High Council would never agree to such an action for one person. Colonel Carter knew the risks when she undertook this mission."
Jack look of hope was replaced quickly with one of outrage. "That one person saved your planet, for crying out loud! Don't you think you owe her something?"
"I am sorry, O'Neill," Thor repeated. "The Asgard have a policy of non-interference. My people believe that the planets under our protection be allowed to follow their own customs and beliefs. We cannot interfere unless your planet is thought by the High Council to be in violation of our treaty. I would be happy to talk with your President personally, however, and tell him of my personal opposition to Colonel Carter's imprisonment. Perhaps if I explain how our findings concur with Colonel Carter's he would be more willing to forgive her transgressions."
Phillips, finding his voice for the first time since Thor had appeared in the room, addressed the Asgard, "Actually, that is probably not a good idea, Supreme Commander." He continued with his reasoning, "If you tell the President about your findings, it's as good as admitting to him that Colonel Carter is guilty. He cannot even know that the Asgard have the device."
Jack barked out in irritation, "What do we do then? We all know Carter did it. The evidence is solid and they will no doubt convict her. And when they do, they are going to execute her."
Phillips offered his only suggestion, "I could try and bargain with them some more. Perhaps I can get them to reduce the sentence a bit. But we are still looking at major time at Leavenworth. Either that, or I can argue the truth in court – that she did it but it ended up saving the planet – and hope that the jury is sympathetic. Her sterling record should help quite a bit."
No one in the room had noticed that Daniel had been silent for several minutes. He was no longer paying full attention to the conversation the others were conducting, but was lost in his own thoughts.
When Jack finally looked at him, he called out in annoyance, "Daniel! Wake up, Doctor Jackson! Care to throw out any ideas or suggestions here?"
Daniel shook his head to clear it. "Sorry, Jack. It was just something Thor said earlier about the Asgard and the Goa'uld being immune to the virus."
"So..." Jack quipped in aggravation.
"So...that word – immune...immunity. It started me thinking...have you ever heard of something called diplomatic immunity?"
"Yes...of course I have," Jack answered the archaeologist. "But what does that have to do with Carter and her case?"
"Well, yesterday I did an internet search on criminal cases similar to Sam's – ones involving espionage and theft of government property. I didn't make the connection at first, but in many of these cases the defendants were employees at an embassy. Their lawyers were able to get them off by arguing diplomatic immunity."
Jack stared at the archaeologist like he was crazy. "But Carter is not an ambassador, Daniel. She doesn't even work for another country. She works for this one, if you haven't noticed."
Daniel smiled proudly and pointed out, "But you are, Jack. You are the official ambassador of the Asgard on Earth."
Jack shook his head in denial, "No, I'm not."
"Yes, you are."
"Not."
"Are too."
The two men probably could have continued arguing in this way for hours if Jack had not ended it with the statement, "I'm definitely not getting all of my memos. How can I be the ambassador of the Asgard and not even know it?"
Daniel offered an explanation, "I'm just telling you what Thor told me after the whole cloning incident. I asked why you were so important to the Asgard and he mentioned that besides being genetically advanced, you were also the official Asgard ambassador to Earth."
Jack turned to Thor, hoping he could shed some light on this new revelation. "Don't you have to be a citizen of the country you are an ambassador for? I mean I'm not even from the Asgard home world, if you haven't noticed."
Thor clarified, "Not so, O'Neill. The Asgard Confederation has quite different laws than your country. On each planet that has knowledge of our true identities, we have an official representative. On Cimmeria, that person is Garwin. On Earth, it is you O'Neill."
Captain Phillips was obviously excited at the way the conversation was heading. Like Daniel, he could clearly see the possibility of saving his client. "Is it formal, Supreme Commander? I mean, it would have to be recorded in your legal documents or notes of proceedings – something official."
Thor addressed Phillips's concerns. "It is indeed, and has been so for years. It became official when we chose O'Neill as the spokesperson for Earth at the treaty negotiations with the Goa'uld System Lords to make Earth a protected planet. Every protected planet that has knowledge of the true nature of the Asgard has an official ambassador who is the main person we contact."
Jack laughed sarcastically, "Nice if you had let me in on this before, Thor, old buddy."
"We assumed that you understood, O'Neill," Thor stated.
Jack turned to Daniel. He was still a little bit in shock from finding out that he was an ambassador. He was also still confused as to how this revelation helped Carter. Both Daniel and Phillips seemed to think it was important, but how? "I still don't get it, Daniel. How the hell does any of this help Carter? I mean...she is not the Asgard ambassador. She doesn't have diplomatic immunity."
Daniel's smile grew. He faced Phillips and shot a look that said, 'why don't you explain it to him.' Phillips smiled in response and answered the General, "But sir, you do. And according to U.S. and International law, your wife does as well."
O'Neill instinctively shot back, "I'm not married, Phillips."
Teal'c also seemed to catch on to what Daniel and Phillips's idea was. He clarified their plan for his friend, "I believe what Daniel Jackson and Captain Phillips are suggesting is that Colonel Carter should become your wife, O'Neill."
"Exactly," Daniel added smugly.
Jack had been in slight shock before, but this sent him over the top. "What! Have you all gone completely nuts all of a sudden?" he shouted.
Phillips reassured his superior officer, "It's a way out of this mess, General. If you marry Colonel Carter, she will be your wife and we can at least argue that she has diplomatic immunity."
Teal'c agreed, "Indeed, if Colonel Carter were your spouse, O'Neill, then the Asgard would be able to take a more active role in saving her."
Jack's mouth opened wide in bewilderment, "How?"
Thor replied, "If your government continues to pursue its case against Colonel Carter, it would be violating its own immunity laws. In doing so, your government would be perceived by the Asgard High Council as less worthy of our friendship. In fact, the Council might be forced to cut off diplomatic relations altogether."
Daniel had still not stopped smiling and his smile only grew as the understanding of Thor's meaning sunk in. "Or...You could at least threaten to? Like you did at the conference when the Stargate program was revealed to the other world leaders?"
Thor nodded. "Precisely, Daniel Jackson. It would be seen as a grave insult to have the spouse of the Asgard ambassador executed."
Jack was not a happy camper. Everyone in the room, it seemed, was ready and anxious to jump on the bandwagon of 'diplomatic immunity.' It was fine and dandy for them – they weren't the ones having to get married in this scenario. He knew that he had to be the voice of reason, before the rest of those in the room got carried away.
"Okay, kids. I see a few problems here. One, there is a little thing called regulations. This plan might save Carter from lethal injection, but in the long run both me and Carter will be court-martialed and kicked out of the SGC and the Air Force. Two, Carter will never go for this. She is engaged to Pete Shanahan and I don't think he will be all that understanding if she goes off and marries another guy. By the way...What happens to Carter if we do this and it works? I doubt the U.S. government will just welcome her back with open arms."
His questions had clearly put a damper on their enthusiasm. Phillips answered somberly, "You're right, sir. In most of the cases, the diplomat or relative in question was deported and forbidden from ever returning to the U.S. The U.S. also usually pushes for the home country to prosecute the alleged criminal."
Jack summed up these findings, "So, let me get this right...Carter will no longer have the Air Force, the SGC, and she will be kicked off of the planet, never to see her fiancé or family again."
Daniel couldn't believe that Jack was trying to shoot holes in the only viable plan that they had come up with so far, "Jack! At least she would be alive!"
Thor, sensing O'Neill's reluctance and the desire of the others to at least try the plan, offered some consolation. "O'Neill, the Asgard would be honored to provide sanctuary to Colonel Carter. She will be allowed to stay with us, or if not, we will take her wherever she wishes to go."
Daniel pleaded with his friend, "Jack, she could be with her Dad. She could join the Tok'ra and continue to fight the Goa'uld."
Jack looked conflicted. It was obvious that he would do anything to save Carter, but at the same time he knew she would never want the life offered by this plan. He also knew she would be miserable having to live her life completely in exile. "What about her life here, Daniel? What about her marriage to Pete? She wants a normal life so badly. How can we take it away from her?"
As was typical, Teal'c provided the most rational argument for the plan. One that was sure to convince O'Neill. "She has already lost the possibility of that life, O'Neill. Should we not at least offer Colonel Carter the opportunity to start a new life?"
And Jack knew immediately that his Jaffa friend was right.
TBC
