Author's Note: This is the chapter where the legal issues become a little murky. I just wanted to reiterate what I state in the disclaimer. The real laws and policies surrounding diplomatic immunity are much different than what I portray in this chapter. For example, permanent residents (both citizen and non-citizen) of the United States are not eligible for diplomatic immunity in the U.S., regardless of diplomatic status (thus, neither Sam nor Jack would be eligible for it in real life). But this is fiction and I figure that the U.S. government would have to adapt the laws slightly in this case considering the Vienna Convention on Diplomatic Relations is not really designed to deal with relations between the United States and alien societies with quite different systems of justice. For those interested in knowing about the real policies and regulations concerning diplomatic immunity, the UN has a site on the Vienna Convention on Diplomatic Relations which is the basic document all member nations follow in regards to diplomatic immunity.
Chapter 8: Introducing Mr. and Mrs. O'Neill
0800, Courtroom, Peterson Air Force Base
"All arise! The honorable Colonel William R. Myers presiding."
The judge, attired in dress blues, took his seat behind the podium. He carefully reviewed the file before him and then looked up to assess the people currently sitting in his courtroom.
Sitting at the prosecution's table to his left was a very familiar face. "Major Wolf...I see you are handling the prosecution for this case. Are you ready to present your opening statement?"
The major, a man in his early forties, seemed comfortable and poised – as if he had tried many similar cases that had resulted in his favor. "Yes I am, Colonel, sir," he replied confidently.
Before the major could say another word Sam's attorney, Captain Edward Phillips, eagerly stood up and interrupted. "I'm sorry to interrupt, sirs. But may I approach the bench?"
"What is it Captain?" the judge asked gruffly, sizing up the young Captain.
"Colonel, sir...a development has arisen that I need to discuss with both you and Major Wolf," Phillips answered with assurance.
Colonel Myers did not appear to be too amused by this. After all, he was unfamiliar with Phillips and was unimpressed by what he had seen so far. But, he was willing to give the young man in charge of the defense the benefit of the doubt. "Very well...counsels approach the bench." Both Phillips and Wolf did as they were instructed.
When they both were standing before Myers, he looked sharply at Phillips and prodded, "Captain? What is this all about?"
Phillips tried to keep his expression from looking too smug. "Well, sir...it has come to my attention that my client has recently married an ambassador and thus has diplomatic immunity."
The judge and prosecutor immediately exclaimed in unison, "What?"
Major Wolf looked shocked and a bit angered. "Well... she wasn't two weeks ago when she was arrested!"
"It was a recent development that occurred during the Lieutenant Colonel's incarceration." Phillips paused and handed file folders to both Myers and Wolf. "I have all of the documentation here to back this up...the marriage license, an official statement from the Asgard regarding the ambassadorial status of Colonel Carter's husband, and a State Department record from six years ago stating confirmation of his status as an ambassador."
The judge looked at Phillips in irritation, "Are you kidding me, Captain?"
"No sir!" Phillips reassured him. "These documents prove beyond a doubt that Colonel Carter indeed is the wife of an official ambassador, and thus has diplomatic immunity according U.S., International, and Asgard law. I thoroughly researched this with the State Department. Any spouse of a documented and officially recognized ambassador is immune from arrest and prosecution in the United States."
Major Wolf was infuriated. This young upstart was trying the pull the rug out from under his case, and he was not about to let that happen. After all, the case had been pretty much in the bag for the prosecution up until a few moments before. "Captain...she can't claim diplomatic status from another planet!"
Again, Phillips appeared calm and assured. He smiled slightly as he replied, "Actually sir...the Asgard are a race. They, in fact, inhabit many planets throughout many galaxies. And in response to your statement, there is no law stating that an officer in the United States Air Force cannot claim diplomatic status from another foreign nation... or planet, for that matter. Once Colonel Carter married the Asgard Ambassador to Earth, according to Asgard law, she automatically became a citizen of the Asgard Confederation. And since the State Department has clearly recognized the Colonel's husband as an ambassador, this court must also recognize his status."
The prosecutor objected, "With all due respect, Colonel Myers...this is ridiculous! Even if she is married to an ambassador...he didn't marry her until after she was apprehended. She may have immunity now, but she surely did not have it several weeks ago when she committed the crime."
Phillips, usually mild-mannered and polite, glared at Major Wolf with steely gray eyes, "With all due respect, Major...my client is innocent until proven guilty and as a superior officer...a highly decorated and well-respected officer to boot, you should refer to my client by her rank. Not as 'she.'"
The Major, clearly taken aback by the change in his opponent's demeanor, simply nodded his apology.
Phillips then continued, "The fact that my client only recently obtained diplomatic status has no bearing. The Asgard happen to have their own laws concerning diplomatic immunity, laws the U.S. government agreed to abide by when it signed our treaty with the Asgard. One of those laws states that Asgard citizens serving in a diplomatic capacity on other planets must be free from arrest and prosecution. This law also applies automatically to their relatives. As soon as Colonel Carter married the ambassador, she immediately became immune from prosecution. If you don't believe me, your honor, you can check the details with the State Department."
Colonel Myers addressed Captain Phillips in a serious tone, "That is exactly what I plan on doing, Captain. And I warn you, I don't tolerate courtroom theatrics here. If I find that you have wasted this court's time, you will be held in contempt. You may get away with this kind of thing in Washington, but I am not so tolerant."
Myers then instructed the two counselors to take their seats and addressed the full court, "A matter of some importance has come up. We will be in recess for two hours. We will adjourn until 1030." And with that, the honorable Colonel William R. Myers banged his gavel, stood, and abruptly left the room.
1030, Courtroom, Petersen Air Force Base
"All arise."
The judge took his seat, the others in the small courtroom immediately following suit.
He began, "I don't know what the hell is going on here and I don't really care. I have just had a two-hour conference call with the Joint Chiefs, the General Court-Martial Convening Authority, and the State Department."
He then addressed Sam's lawyer, "According to the people at State, Captain Phillips, your plea for diplomatic immunity for your client is to be upheld. It seems that the State Department was well aware of General O'Neill's status as an ambassador. Although, I don't think they ever imagined the possibility of this situation occurring."
He again addressed the rest of the courtroom, "This is truly an unprecedented event and hopefully in the very near future the State Department will establish some clearer precedents on how diplomatic immunity will apply not just on an international level but on intergalatic one as well. The advent and growth of the Stargate Program has thrust our nation and planet into a new era.We must make certain that our laws are able to adapt and keep up with the vast changes we will be facing in the coming years."
The judge let out a long sigh. "In this particular case, in accordance with the Asgard-Earth Treaty, it has been decided that all charges against Lieutenant Colonel Samantha Carter-O'Neill are dismissed . She is free to go."
Colonel Myers then addressed Sam directly, "I do want to point out first, however, that you are still a member of the United States Air Force, Colonel. You are hereby ordered to report to your duty assignment on Monday at 0800. At that time, you will find out what the Joint Chiefs and State decide to do with you from there. Court dismissed."
As soon as the judge had made his pronouncement, smiles of relief broke out on the faces of all of the men sitting in the front row. Daniel turned to Jack and pulled him into a manly embrace. Similar expressions were shared with Teal'c and Captain Phillips. The only one in this band of friends who did not look ecstatic was the woman still sitting at the table in front of them.
Instead of looking relieved or happy, the former defendant appeared to be in shock. Sam's face was blank but bewilderment was evident in her eyes. It was as if she were asking anyone and everyone, 'So what do I do now?'
Noticing Colonel Carter's silence, her lawyer put his hand on her shoulder and congratulated her. "You did it, Colonel. You're free."
Sam quietly and desperately spoke, "But what now? Where am I going to go? What's going to happen to me?"
A soft, deep voice from behind her answered, "I don't know, Sam. But whatever is to come, I do know that I will be right there with you. Always."
Sam rose, turned, and launched herself into the awaiting arms of her new husband and began sobbing into his shoulder. Jack knew instinctively that these uncharacteristic tears were merely ones of release. Sam had been holding her emotions in check for so long, trying so hardto bear this burden alone. With the trial now over at last, she needed an emothional catharsis.
"It's alright, Sam. It's alright, sweetheart. It's over...you're going to be okay," Jack comforted her as she continued to clutch onto him as if he were her only lifeline.
When she had finished crying, he pulled back to look into her eyes. He gently wiped away an errant tear on her cheek with his thumb. "What do you say we get out of here, Mrs. O'Neill?"
Sam, quickly composing herself, sniffed a little and chuckled, "Where do you want to go, Mr. O'Neill?"
"Oh, I think I know just the spot – land of sky-blue waters...loofahs... yasureyabetcha...snookums...Besides, I could really go for some fishing right now and I still owe my lovely wife a honeymoon if I remember correctly."
Sam looked at him doubtfully and laughed. "Fishing?"
"Not just fishing. Lots and lots of fishing."
Sam smiled brightly at him and admitted, "I could go for some fishing." And Jack could not resist at that moment taking her face in his hands and kissing her deeply, overjoyed that he would finally get to take Sam Carter fishing.
TBC
