A Little Lower Than The Angels

Chapter 4

Disclaimers I don't own any of the JAG characters. I don't own any product or label mentioned for the purposes of telling this story. Any similarities to situations or persons living or dead are purely coincidental.

Spoilers: Any JAG up to 'Ice Queen' in Season 8 is fair game. The episode 'Empty Quiver' will be referenced. I will also be playing with the sequence of events in 'Ice Queen' and 'Meltdown.' However, we will shortly begin a different turn within the framework of what happened during the rest of Season 8. I will leave what those turns are to your imagination, until I get there. (grin)

Rating K+

0845

Wednesday

April 16, 2003

Conference Room

JAG Headquarters

Admiral Chegwidden headed the long conference room table, with his two most senior attorneys seated at each side of him, with the Commander Turner, and Lieutenant's Roberts and Sims, also present at the table. He had already begun the meeting, leaving a request for a progress report from Rabb and Mackenzie about the Trombatore Navy Cross investigation, as the last item on his agenda.

"Will you have your individual reports complete by 1600?"

Harm and Mac answered in unison. "Yes, sir." And they added, "I have the report ready now, sir," which was also, spoken at the same time. They handed their individual files to the Admiral, both of their faces coloring slightly. Being on the same page seemed to have carried over from the last two days.

The Admiral gave Harm an appraising look. "Commander Rabb, you will be traveling to Norfolk, as the request of the NLSO at Sewell's Point. It seems the disbursing officer on the USS Connolly, Lieutenant Sandra Smith, who replaced your client, Lieutenant O'Dell, has been charged with dereliction of duty for her conduct during the attempted misappropriation of funds, by a petty officer under her command."

"Colonel, you will be traveling to Quantico, Quantico Legal Services Office has requested an article 32 investigation of Major Tim Fowler, a pharmacist at the medical clinic on base. He has been accused of providing illegal steroids to student athletes, at a local high school, by one of the students he was supplying them to."

The Admiral noticed that his two senior officer's eyes met, and locked, their silent communication was obvious, at least to him.

"You have your assignments people, you're dismissed." The Admiral had hoped working together on this assignment would give Rabb and Mackenzie a chance to work out their differences. However, if the looks on their faces this morning was any indication, they might have worked out more than he had expected.

After staff call, Harm followed Mac to her office. "I'm still making reservations at Calisto's." He stood in the doorway taping his case file on the wooden frame of the door.

Mac turned toward him, hoping her expression would tell him how much she wanted to be back in time. She dropped her case file into her briefcase and prepared to leave. "I'll try to wrap it up as quickly as I can, but it will depend."

"I know. You don't know what you're walking into at Quantico. But… I'm making the reservations. Think positive Marine." He had stepped closer to her, making sure he caught her gaze. "Not backing out on me, are you?"

"No, of course, not." She looked up at him; and the soft look on his face was distracting to say the least. She looked away from him and then started again for the door. She stepped around him and as she did, she threw over her shoulder. "In fact I'm looking forward to it."

"Good, me too." That was what he'd been waiting to hear.

Harm was standing in Mac's office watching her leave, and when Mac looked curiously back at him, he was suddenly aware of where he was standing. Walking out of Mac's office, pulling the door closed behind him, he self consciously looked around to see if anyone else had noticed.

1645

Thursday

April 17, 2003

JAG Headquarters

Falls Church, Virginia

Mac walked into the building still feeling surprised and relieved about the resolution of her case. The Major was exonerated by the testimony of his accuser, Joshua Trumbull.

This morning, the young man came to her temporary office at the legal offices at Quantico, accompanied by his father, Staff Sergeant Michael Trumbull. Apparently, the young man's source was another athlete, whom he had met during a regional track meet the year before.

The State's attorney had been notified and Mac was free of this assignment. Hopefully, nothing would be assigned tomorrow morning that would monopolize her that evening. She smiled to herself thinking, that she had a previous engagement.

She had hoped she would catch Harm before he left for the day, but no such luck. His Lexus was not in its familiar parking place. She crossed the almost empty bullpen, glancing at Harm's empty office. Thinking she should just get her report out of the way so that her schedule would be as free as possible tomorrow, she entered her office turning on her desk lamp and computer. She wondered if Harm was back from Norfolk. They had been playing phone tag since they left for their individual assignments Tuesday morning, and had never been able to reach each other, except through voice mail.

She got started on her report right away and before she knew it, it was almost 1900. Her report complete, she stood and stretched. At least that was out of the way, she thought. She her gathered her briefcase and cover, then closed her office. As she walked back through the empty bullpen, she could have sworn she saw someone walk across the hallway, just outside the glass double doors. She could have sworn it was Harm. It had to be, she might have seen a blur, but a 'blur' with those shoulders, could only be one man.

Mac walked out of the bullpen and down the hallway and just as she neared the end of the hall, she felt someone's firm grip on her arm. She looked around quickly, knowing it was Harm. He put his finger to his lips, as he pulled her into an empty and darkened courtroom.

"Hey." He had pulled her just inside the doors and loosening his grip, still held onto her arm.

"Hello, I didn't think I'd get to see you today. Everyone seems to be gone for the day." She placed a hand on his arm to steady herself, his nearness drawing her to him like a magnet.

"I'm glad I caught you before you left; I just got back in from Norfolk, and took a chance that you might have made it back from Quantico." Even though Harm's voice was a whisper, Mac thought at that moment, about how much she loved the sound of his voice. She always had, he could be whispering as he read the phone book and it would sound as sexy as hell.

"No article 32, it seems our Major wasn't the source of steroids, as was previously thought." She was still looking up at his face, taking in the unguarded affection in his features, it was still hard to grasp that they had finally crossed the threshold between friendship and something more.

"That's good" She was all his tomorrow night.

"It is. If this hadn't been resolved, I'd still be at Quantico."

He stepped more closely to her. "That's very good. I knew I was right to make those reservations."

She smiled up at him, at once taken in, by the look in his eyes. "Yes, you were. How did it go for you?" 'Slow down, Sailor' she thought.

"The Lieutenant got off with a letter of reprimand and forfeiture of one half of her pay for 60 days. It really is a shame, she'll always have that on her record, and the near loss of almost 10 million dollars is no blip on the radar screen. I advised her, as the situation was unfolding, to notify her division officer, immediately. She chose to wait and it cost her."

Harm looked down at her suddenly not wanting to talk about Lieutenant Smith anymore. "So you could say, it went fine for me, not so great for Lieutenant Smith." His focus changed from her eyes to her lips, as he spoke, "I wanted to see you for just a moment; I hope you won't think this is out of line, but I was hoping to get…just one more, of these…" He leaned down kissed her lightly. "To hold me over…until tomorrow night."

'Just one?" She reached up and kissed him again. They were taking a chance, but as far as they knew, they were nearly alone in the building, except for the watch.

Harm pulled her close and kissed her deeply, backing her up slightly closer to, but not against, the wall. Her mouth had become at once familiar and intoxicatingly mysterious to him, and he wanted more. He waited a lot longer to break his kiss; he didn't want it to end.

"I know I'm tempting fate, but I could do this all night Mac." He kissed her again, lightly and then at once taking it further, tightening his hold on her.

"I'll hold you to that, Sailor." She was trying to catch her breath, brushing her fingers through his hair, and reveling in the freedom to do so. She knew she needed to slow down, but the feel of his arms around her, pulling her closer with every kiss and the warmth of his mouth, made her hungry for more. So this was what it was like, to be this physically close to him. She understood what it was to know him, at times she thought, better than anyone else. But this…closeness, was another thing entirely. Here in the darkness of the courtroom, being in his arms felt at once, so right and so forbidden.

Mac felt his hands slide down her back and then suddenly stop at the base of her spine, he broke their kiss. "Mac…I..." He was breathing more heavily, and Mac felt a slight tremor in his touch and he began to lightly stroke her back.

"I know, I'm going, but it has just been…such a long wait…for us." She looked up into his eyes, seeing the desire there and the 'something more' that wouldn't let her give up on them completely, even when she wanted to.

"I know. " He chuckled softly in spite of himself. "It seems the more I get of this, with you," he tightened his hold on her, "the more I want. I probably should have waited until tomorrow night, but…" He nipped her lips softly with his own. "I'm beginning to think you could be addictive, Mackenzie."

She pulled back and looked at him, thinking, if he only knew the power he had over her, the power that was getting stronger every time they were together like this. Could he know how much she had longed for this, to feel this warmth and passion, from the man who had her heart, for longer than she cared to admit? No wonder women went crazy for him; she had to fight the compulsion to tell him all that he meant to her, right now. But she would wait, if the journey 'there' was this much fun, she intended to take her time.

She smiled and stroked his cheek. "I know how you feel, but you're right, I think we might be tempting fate, it's my turn to go, this time."

Mac slipped out of his arms and stepped over to the door. She glanced back at him and the intensity of the look in his eyes, almost took her breath away. If she returned to his arms at this moment, she thought they both might end up with conduct unbecoming charges. "Tomorrow."

"Tomorrow." His voice was barely above a whisper.

Mac slipped out of the courtroom to the elevators and then out to her car.

Harm stepped out a few minutes later and walked down the hallway toward the bullpen, he was startled to see the Admiral walking out of his office, through the glass doors.

He called out to him, "Commander."

Harm was thinking fast, trying to think of a reason to be here this late. "Admiral, sir." Harm came to attention.

"Stand easy. Finished with your testimony in Norfolk?" The Admirals brow furrowed as he looked at Harm curiously.

"Yes...sir. I just thought I'd come by before I returned home…to ask if there had been any decision on the Trombatore Navy Cross." Whew, that was it. That was a good reason to be at JAG, he thought.

"No decision yet, but I think it's a done deal. It would be too good politically, for the SecNav and Congressman Tate." He pushed the button for the elevator and it immediately opened.

"She did earn the medal sir."

"I read your report and the Colonel's, I have to agree, and the documentation was excellent." He gave the Commander another scrutinizing side long glance.

"Thank you, sir." Harm was convinced that the Admiral believed his excuse.

Harm had followed the Admiral down the elevators to the parking lot and as the two officers began to part, the Admiral commented. "Rabb, unless lipstick has become standard with the uniform of the day, you should get it off of your face."

The Admiral turned and kept walking toward his vehicle, as Harm searched his pockets for a handkerchief.

After the Admiral had gotten into his SUV, he smiled and shook his head as he watched as Harm got into his vehicle, all the while, wiping the lipstick from his mouth.

He knew the Colonel had worked late, he watched her leave from his office window. He didn't intend to say anything to either officer, this time. His notice of Harm's 'lipstick' had been a warning. He didn't care what they did, at this point, as long as they kept it out of the office.

0900

Friday

April 18, 2003

JAG Headquarters

Falls Church, Virginia

The Admiral had completed the morning's business, with all of JAG's attorneys present, plus Petty Officer Coates. Instead of dismissing them, as usual, he folded his hands before him on the conference table and looked out at his staff. "It appears we have a situation on our hands. NCIS notified this office, early this morning that Armed Forces DNA Registry has identified Lieutenant Loren Singer's body at Potomac Park. She was found dead there, yesterday morning. They are here as a matter of course in their investigation, and require individual interviews with you all."

Mac looked across the table at Harm; his visage was dark, and completely guarded.

"Petty Officer Coates." The Admiral nodded toward the double doors of the conference room. "Tell Special Agents Gibbs and Blackadder, we are ready for them."

"Yes, sir." Petty Officer Coates had never particularly like Lieutenant Singer, but she didn't wish her dead. She was having a hard time grasping it.

As the two agents entered the room, they witnessed this exchange between Harm and Admiral Chegwidden.

'You're letting NCIS take the lead on this, sir?" Harm appeared immediately defensive that NCIS already had a role in this.

"Sir, I'm requesting that we conduct a JAGMAN investigation concurrent with NCIS."

The Admiral frowned at him, wondering was had come over his senior attorney, he was barely able to stay in his seat. "Denied."

"But, sir..."

"Denied." He repeated more forcefully, this time.

Mac looked across the conference room table at him, trying with everything she had to telegraph that he had to calm down. He couldn't see the image he was presenting to the JAG staff and now the two NCIS agents looking at him, with interest. He looked back at her and dropped his gaze.

The senior NCIS agent had already zeroed in on Harm's awkward and apparently out of character behavior. He walked to the Commander, baiting him and unbelievably Commander Rabb left himself wide open to suspicion. Special Agent Gibbs knew his reputation, he was JAG Headquarters best prosecutor and defender, and he was demonstrating behavior that would classify him as anything but professional. After a brief exchange of barbs, the two men squared off and Gibbs knew that this was no NCIS –Navy rivalry. Something was definitely up with JAG's fair haired boy, and he intended to find out what it was.

The Special Agent admonished the staff not to speak with each other about their testimonies, that doing so would bring them up on obstruction of justice charges. Harm looked at Mac and then answered Gibbs. "We're attorneys, Special Agent Gibbs, we know the law."

"Well then Commander Rabb, you won't mind if we start with you."

The Admiral quickly interjected. "The Commander and I have to re work a court schedule. You'll need to begin with someone else." He looked at the rest of the staff, "That will be all."

Harm hesitated looking sharply at Special Agent Gibbs, but the Admiral's voice cut through his roiling thoughts. "My office, Commander Rabb."

15 minutes later…….

Harm left Admiral Chegwidden's office and he followed him out and watched Harm cross the bullpen. He had never seen Commander Rabb behave this way, in all the years he had known him. He barely recognized him in the conference room; he wondered what could motivate him to act this way.

The Admiral saw Mac come to the doorway of her office and call out to him. He heard him answer her, "Mac, I can't talk to you now." He went into his office and closed the door.

The Admiral went back into his office, knowing that this was just the beginning of yet another crisis. Damn, he was getting too old for this…crap. He was going to talk to Meredith, maybe it really was time to retire.

Mac closed the door of her office, intending to wait her turn to be interviewed by NCIS. She leaned against it and shook her head, her eyes welling with tears. Just when she thought nothing would come between them, this had happened. It just wasn't fair, didn't they both deserve to be happy, wasn't it time? Time for them? 'Please Harm,' she spoke to him in her heart, 'don't shut me out.'

Harm sat at his desk, in his closed office. He automatically picked up the phone to dial Sergei's number, and then replaced the handset. What was he thinking? He couldn't call him from here; he couldn't even use his cell phone. NCIS would have those records in no time. He turned his head from side to side; feeling as though he were cornered, and then turned his chair toward the window. Looking out, it occurred to him that he could call him from a pay phone. He remembered a pay phone; he could get to relatively easily, just off of one of the many entrances to the Metro, near Union Station. He'd have to wait until after office hours.

Then as he turned his chair back around, he thought of Mac and their date tonight, he had been living for it since Tuesday night. He couldn't do this now, not with Special Agent Gibbs breathing down his neck. He'd already told her too much, he hoped he hadn't already compromised her and in the process Sergei. Just then, he remembered the wounded look on her face when he told her couldn't talk with her now. Needing to talk to her, to explain, as best he could, without making things worse, he placed his hand on the phone and then removed it. Then he picked it up again, he wasn't going to let anything else come between them, if they couldn't make a go of it, it wasn't going to be because he didn't try.

Harm rang her office and she picked up on the first ring.

"Mac"

"Harm, what just happened in there?" She tried to keep the accusatory tone out of her voice. This was about Sergei and she knew how much it meant to him.

"Mac I can't say anymore than I already have. I just want you to know…I wanted tonight to be…I've been looking forward to it, ever since you agreed to go out with me, but I can't do it, not now, not with this hanging over my head. I don't want to involve you in this."

"Harm"

"Just please trust me on this. When this is settled, if you still want to, I … want to give… us a try, please just give me a chance to make this…right."

Mac was quiet; she closed her eyes and thanked God he had called. If this had to happen, at least he was totally shutting her out.

"Mac?"

"I'm here. I will."

Harm let out a breath he didn't know he was holding. "Thank you…I…thanks Mac."

"You're welcome. As soon as this is over Harm."

"As soon as this is over… bye" Harm returned the handset to the receiver. Just those few words to her had begun to loosen the knot he felt forming in his chest. Now, all he had to do was get through the weekend and somehow reach Sergei. If his brother was implicated in this murder, even though the charges were ultimately found to be false, he would never be able to become an American citizen and Harm's only link to his father, would be lost to him, forever. He had to protect him, he couldn't let NCIS get their hands on Sergei, they would only be too ready to believe the worst of him, if Gibbs attitude was any indication.

Harm could not allow it.

1000

Monday

April 21, 2003

Naval Brig

Washington Navy Yard

Washington DC

Harm sat at table, in a small and airless room, waiting for a visit from his trial counsel. He wondered who the Admiral would appoint to defend him. It would be too much to hope that the Admiral would appoint Mac. He respected Sturgis, but wasn't entirely sure he would trust him with his life. Bud was out of the question, he was still transitioning for limited duty.

The sound of the door opening pulled him from his reverie. A JAG officer, a woman he had never seen before, approached, talking rapidly, something about a red eye from California. She sat down in front of him and methodically removed her two folders, pens, paper and pencils from her briefcase, to begin the interview. It had taken him a few moments to mentally register what was happening.

No one was coming from JAG Headquarters.

"Commander Coleman, why are you here? I thought I reserved my right to appoint my own trial counsel"

"I was detailed by COM Naval District Washington, sir."

Harm was still trying to grasp that no one from JAG was coming, he asked the commander a number of questions, all of which she answered satisfactorily. After further discussion, she got the impression Harm was refusing her services as his attorney. She was silent for a moment and then began to replace the things she had taken out of her briefcase; it was obvious to her, that this interview was over. She started to leave, but Harm's common sense finally won over his irritation and he convinced her to stay.

They went over the details of the case, and the mounting circumstantial evidence uncovered by NCIS that was piling up against him. Harm told her his version of the story including the altercation with Singer in her car, a point he didn't reveal to Special Agent Gibbs.

"Why did you not tell NCIS about this during your interrogation, sir?"

"I decided to trust Navy justice instead of Navy cops." He hoped that hadn't been a mistake too, but just now, he was beginning to wonder.

After they had gone over their strategy for their first day in court, Commander Coleman stood and shook his hand, "I'll see you in court tomorrow, sir. You should know I've taken the liberty of advising the staff at JAG to have no contact with you during the trial. I don't want to take a chance on compromising your case. No one from JAG Ops will be present in court, except when their testimony is required."

Harm frowned, that would explain why he hadn't heard anything from anyone at JAG. He had told Mac that he wanted to stay away until this was resolved, but that was before he was arrested and charged with murder. This had been the longest weekend of his life. He had been arrested late Friday, and had no contact with anyone until Commander Coleman walked through the door today.

"I understand." He had hoped he would see her in the courtroom, sitting behind him, silently backing him up, in what was shaping up to be the fight of his life.

"However, I was visited this morning by Colonel Mackenzie, just before I left JAG Headquarters to come here. She insisted that I pass this along to you." She handed him a small envelope from the inner pocket of her briefcase. "She told me I could read it, but I did not. I will take your word and that of the Colonel that it has nothing to do with the case." She closed her brief case and picked it up.

"If the Colonel said it has nothing to do with it, it doesn't." He looked at his attorney directly.

She turned to leave the room. "Yes, sir. I will see you in court, sir."

He watched her leave. "That you will, commander."

He looked down at the note and slipped it into his pocket. After he returned to his cell he sat on his bunk and opened it. It was a plain unlined piece of paper, written in Mac's familiar script. It read:

H

Some guys will do anything to get out of a date.

I'm still here.

M

Harm smiled and put the small piece of paper to his lips. She was still out there, she was still with him. At his lowest points this weekend, he had wondered if she would ever want anything else to do with him. The thought had even occurred to him, that what had begun between them would be over, before they ever had a chance to get it started.

This little note, with its short message had reconnected them, and in this time, when the foundations of his life were crumbling beneath his feet, it was a balm to his soul.

TBC

A/N: I made up the name of the disbursing officer on the Connolly since they never named her in the episode, everyone called her Lieutenant or referred to her as 'the disbursing officer' and the episodes and credits list, didn't name her character specifically either.