AN: My new SanDisk came in so my free time is loading it with music for doing further inventories. I need superior music to count crap to. It will also come in handy when I actually have time to clean though MKH has been knocking it out of the park on that front. He's always worried he didn't do enough not realizing I've been the stay at home parent and I totally get just not feeling it today and I didn't have a medical condition forcing me to retire.

Chapter 5

"Doctor Jackson, you stated in your deposition that you were made to choose among the women presented."

"I did."

"And yet… you didn't make a choice until Major Carter was chosen by another."

"That's right."

"Why is that?"

"I had no intention of raping some unwilling woman just to fit in." Daniel said with a snarl.

"I see." The slender brunette attorney for the government said. "And yet you were willing to rape a friend."

"I had no intention of raping Sam either. If it came down to it we would have had sex if we were forced to but I'd have avoided doing so as much as Jack did."

"You said you volunteered to fight the man who claimed Major Carter first? Why?"

Daniel huffed out a breath. "We knew I probably couldn't take the guy so I softened him up first so Jack and Teal'c would have an easier time beating him."

"You expected Mr. Teal'c to eventually win."

Daniel nodded thoughtfully. "Yah, I kind of did." He agreed.

"I have no further questions for this witness."

Harm stood. "Doctor Jackson, you were held in what amounts to a prison camp. Tell me about the conditions."

Daniel thought for a moment. "Well, I mean it was nicer than some of the other prisons we've been put in."

"You've been imprisoned a lot, Doctor?"

"It happens from time to time. The gate works as a universal translator but it has a range. Get further away and you are less likely to speak the same language. Not every culture speaks English out there and a miss spoken phrase sometimes offends people."

"But the condition in this prison were reasonably clean? Safe?"

"We found out later it wasn't technically supposed to entirely be a prison. It was clean, everyone had a two person room with a shower, running water and a door that didn't lock. The walls were pretty thin. You could hear everything."

Harm had set this up prior to questioning, knew how Daniel was going to answer. "So you would have heard Colonel O'Neill and Major Carter engaging in sex then?"

"Well yah, I was only a couple doors down and I know their voices really well so…"

Harm nodded. "When was the first time you heard them engaging in a sexual relationship in the prison?"

"It was about five months after we'd been captured. Sam told me after that someone had warned her that they knew she and Jack weren't having sex."

"I see. Five months?"

"Yah, but the thing was the next day I confronted Jack about it and he laughed and told me, yes, I heard them having sex."

"Explain for the court what he meant by that, Doctor."

"Objection, calls for speculation."

"Overruled."

"Jack wanted people to hear them but he didn't really have sex with Sam that night or any night after that until they were forced to a few months later."

"How can you be certain?"

"Because a couple months later, the doctors gave them both a checkup to make sure they were physically healthy as Sam wasn't pregnant yet."

"Yet they didn't catch on to them not having sex at that time? Why?"

"Objection! Speculation."

"Sustained."

Harm nodded. "Doctor Jackson, did either Major Carter or Colonel O'Neill talk to you about the medical exams?"

"Not until after no." Daniel admitted.

"I have no more questions for this witness at this time."

"You may step down, Doctor Jackson."

The rest of the week was comprised of a handful of expert witnesses on the psychology of surviving an internment camp and other issues related to their confinement and the CMO from Alpha Base to confirm Sam's pregnancy among other things. Harm pointedly asked him if Major Carter showed any signs of recent sexual activity and the CMO had admitted that there was no sign of current sexual encounters on her part.

The trial was going slow by civilian standards as there were days that the brass couldn't sit due to other duties. The Tribunal only had a few hours each morning to commit to the trial so it dragged out which was to Jack's advantage. During one of their brief breaks from the courtroom, Harm had heard back from Harry Maybourne.

"I told you he'd help." Jack told him.

"Any word yet from your other source?"

"I'll let you know when we do. Well, Carter or Danny will probably let you know." Jack admitted.

"Bauer has been cooling his heels at the hotel I'm at. Apparently because he has no reason to be on base except for the trial, your General Hammond has disallowed him general access."

"Good. That means he won't pester Carter."

"I'd like to move up her testimony to my first witness."

Jack gave Harm a hard look.

"Sir, she needs to testify and, as far along as she is, I don't want to have to drag the trial out even more if she goes into labor and then on maternity leave."

"Wouldn't that help?" Jack pointed out.

"Sure but wouldn't you rather be home with your new baby than locked up in here?"

"They aren't going to let me off, Harm. Kinsey has been gunning for me for nearly a decade. He has good reason. I've thwarted that rat bastard more times than he can count."

"I might be able to get you off with time served, Jack. Especially if I can get the charges down to just conduct unbecoming."

"I guess a discharge isn't the worst outcome." Jack admitted. "All right, put her on the stand."

Sam, however, had received orders that night to appear as a witness for the prosecution. She headed for Jack's quarters and knocked. "Sir? I really need to talk to you for a moment." She called out to him.

Sam was only slightly surprised when Harm opened the door not Jack. "Commander Rabb."

"Major. I was just about to come see you about testifying first."

"Well, you got your wish. I was just served an order to appear." She said and handed him the order that Walter had brought her because Bauer's attorney hadn't been given access to the main part of the base either.

Harm read it quickly. "Well, I guess it doesn't matter either way."

"Harm, I will not incriminate Colonel O'Neill regardless if it makes me culpable or not."

Jack who had been in the shower and came out rubbing his hair wearing just a pair of boxers startled imperceptibly then wrapped his towel around his waist and had only overheard the last part of the conversation. "Carter? I absolutely forbid you to incriminate yourself."

For a brief moment, she averted her eyes to look away from her CO's state of undress out of habit. Gathering her thoughts, she raised her chin up, looked him straight in the eye, and told him flatly. "Sir, I will not lie. Not even for you."

"Carter." He growled, returning her gaze.

"Sir." She said to him firmly. They glared at each other. Harm put an arm up and scratched the back of his neck uncomfortably during this silence. This seemed to be having a very personal argument in spite of the honorifics. He also noticed that the two of them did not need to have a conversation out loud. They had been together for so long as a unit that they didn't need actual words to communicate. Maybe he could use this to their advantage. In the meantime, he did his best to fade into the background.

Jack's hand came up and he pinched the bridge of his nose as he hunched his shoulders. "I suppose I should get used to you not following orders." The corners of his mouth turned down. "You realize the full truth incriminates you as much as it does me. It gives Bauer cause to have you charged as well and I doubt very much he's going to care that you just had a baby."

"Sir, you are innocent of wrongdoing. I will not lie to protect myself. If General Bauer uses that to have me charged, I have it on good authority that I have access to an excellent judge advocate." She said to him. She had shifted to attention which, Harm noted, couldn't be at all comfortable at eight months pregnant.

"And if they charge you and it sticks, Carter?"

"Then Daniel will need to learn how to care for an infant until one of us is available for her care, sir."

Jack scrubbed his hand through his hair in frustration. "H'Gah…. I'm an old man, Carter. I can't take this kind of stress."

Sam just snorted. Harm realized she was trying not to laugh. He was getting a clearer picture of their relationship prior to this situation and they seemed genuinely fond of each other.

"Commander, I will see you tomorrow morning in court." She told Harm and left them to discuss their strategy tomorrow and left.

"What are you two going to do if the charges are dropped or you beat them?" Harm asked the older man when the door was closed.

"What?"

"Assuming the charges are bullshit which they are, the military is pretty fond of forcing people in your situation to get married."

Jack sighed and shook his head. "I wouldn't ask that of her. She deserves a life."

"Have you asked her what she wants, sir?"

Jack purposely did not answer. But he knew, of course he had thought about it, he just never said it out loud.