A/N: Here's chapter 10! It takes place immediately after chapter 9. Please read and review!

Chapter 10: Court-Martial Or Not?

The car ride to base was silent. Donna decided, after a brief conversation with Josh, to take her own car to avoid arousing suspicion. Josh, meanwhile, carpooled with Sam, as Sam's 1991 Ford Mustang was in the shop. It was one of the most awkward silences of Josh and Sam's two-year friendship.

After a few minutes, Josh spoke up. "Sam, please don't do this."

Sam was quiet for a moment. Then, he said, "I don't want to do it. But I feel like I have to do the right thing, you know?"

"But...Donna, you'll destroy her credibility, everything she's worked for."

"I know." Sam said simply. "Maybe I won't, Josh. Maybe I'll keep this quiet and pretend it never happened. I don't know right now."

A pit settled into Josh's stomach. He put his back on the seat as he was driving and wondered how he-and more importantly, Donna-were going to come out of this. What if they were court-martialed?

For the next 36 hours, he and Donna were on pins and needles, waiting for the other shoe to drop. It was difficult for both him and Donna, but they didn't dare spend any time with one another yet. The last thing they both needed or wanted was for their COs to have any more ammunition or evidence to use against them. But then, something strange happened. Three days went by without a word from CJ or Colonel Santos. If CJ knew, she didn't say anything privately or publicly. Josh and Donna both began to collectively wonder what was happening here.

Finally, after five days, Josh asked to talk to Sam alone. He had a feeling he knew what was going on, but he wanted to make absolutely sure. After making sure that no one had followed him, Josh launched into his question.

"So, it's been five days and we haven't heard anything from the guys upstairs. Does this mean...what does this mean?"

Sam sighed. He looked up, then down.

"Sam?" Josh asked carefully.

Finally, Sam broke. "I couldn't do it, Josh. I couldn't do it to you, I couldn't do it to Donna. You two are grown adults, and you should be in a relationship if you want to be in a relationship. It's not like you've done anything inappropriate on base...right?"

Josh shook his head.

"Well, then." Sam replied. "I guess I'm happy for you guys." He hugged Josh, then put his arm around Josh as they walked into the Mess. Donna anxiously made eye contact with Josh. Was it over?

Josh seemed to read her mind, then gave her a discreet thumbs-up. The relief on Donna's face was palpable. The crisis was averted.

None of them saw Sergeant Will Bailey, standing stricken in the hall where Josh and Sam had just been standing, processing the information that he had just accidentally learned.

Will couldn't believe it. Josh and Donna in an illicit relationship? An officer sleeping with an enlisted? This was bad and wrong on so many levels. And, for the record, he had no idea whether or not they had been inappropriate on base, or in uniform for that matter. Had they crossed lines?

He stood in a corner as he contemplated what to do. Should he divulge this information-get his comrades in trouble? They would never forgive him if he did. But, then again, if they had been private about it, that would come out in a trial, and then their innocence would be proven. He almost felt like it would be better to get it all out in the open now, rather than let a CO find out about it later.

Taking a deep breath, he walked to Major Cregg's office and knocked.

CJ turned around, obviously working and in professional mode. "Hey, Bailey, what can I do for you?"

Will swallowed. "Um...Major Cregg, I think there's something you should know about Staff Sergeant Lyman and Lieutenant Moss…"

…

Josh was heading back to his platoon after lunch when he heard someone calling for him.

"Lyman!" He turned to see Sergeant Mallory O'Brien hurrying towards him. "I just came from Major Cregg's office, she wants to see you right away."

Josh looked at her, confused. "Did she say what it was about?"

"No, just that it was urgent."

Josh nodded as Sergeant O'Brien continued down the hall. He did an about-face and headed towards CJ's office. The first thing he saw was Colonel Santos, stony-faced, talking to CJ. He had a funny feeling he knew exactly what was going on, but he knew for sure when CJ whirled around her chair and said four words that confirmed it: "Wow, are you stupid!"

"Um, CJ?"

"You slept with an officer?"

"CJ-"

"You slept with an officer?"

"All right, Major." Colonel Santos interrupted, holding out his hand. He turned to Josh, then looked behind him and said, "Lieutenant Moss, come in, please."

Donna came in quietly. She knew exactly what was happening the minute she was called into Major Cregg's office. She saw the strained look on Josh's face and the furious look on CJ's, and she knew that she had screwed up.

"Let me ask you to bear in mind one thing." Josh started. "Well, two things. One, I didn't know she was an officer when I met her. And secondly, we've done nothing wrong or been inappropriate on base."

"And let me tell you a couple of things to bear in mind." CJ shot back. "None of that matters to the Army JAG Corps!" She turned to Donna. "And you! I told you to be careful and not let this get out of hand, didn't I? It's funny, I would almost expect Josh to be this stupid, but you?"

"Major!" Colonel Santos said firmly. ""May I please handle this my own way?"

"Yes, sir." CJ said, sinking into her seat. "Apologies, sir."

"All right. Let's all calm down and start from the beginning. When did you two start seeing each other?"

Josh and Donna were silent.

"Well?" Colonel Santos asked impatiently.

"Officially-or unofficially-the last few weeks, a month maybe, sir." Donna replied quietly.

"When did you meet?"

"Right before I transferred to Fort Belvoir, sir." Donna told him. "We met at a bar."

"And you held off for a while before you gave in to any feelings you might have had?"

"Yes, sir."

"Did you, at any point, have physical relations while in uniform or while on base?"

"Absolutely not." Josh said determinedly. "We were careful not to cross the boundaries of our professional relationship."

"And yet, you had no trouble doing it in your personal lives?" CJ snapped.

"Should it matter what we do in our private lives, on our own time?" Josh asked defensively.

"Not necessarily." Colonel Santos replied. "However, it still looks bad on a lot of levels. Especially to those who don't know you all that well." He hesitated. "I think we need to take this up with JAG."

"You mean a court-martial?" Donna asked. That was just what her burgeoning career needed-a black mark on her record. She might not recover from a court-martial. Josh might not recover from a court-martial.

"Well, there'll be an investigation first. But, I do think you need to be prepared for the possibility that it could go to trial."

Josh and Donna shared a look. "Okay." Josh said finally. "I think that sounds more than fair."

…

For the next week, everyone in the 29th Infantry group was on pins and needles. Donna and Josh were worried about the investigation and the very real possibility of a court-martial. Charlie, Carol, and Sam were worried about their friends. CJ was still annoyed at both of them for ignoring her, but she couldn't stay mad for long. After all, they were two, grown consenting adults in a (hopefully) loving relationship. What was wrong with that? And, with luck, the Army JAG Corps would see that too.

The lawyers from JAG arrived a week after Will had spilled the beans. A blonde woman and a younger man stepped into the main administration building and asked to see Staff Sergeant Joshua Lyman.

Josh was just arriving for work when the two walked into the Mess and right up to him, following the instructions of a fellow soldier, who pointed him out.

"Staff Sergeant Lyman?"

"Yeah?" he said. The first thing he noticed how attractive the woman was, then cursed himself for looking at a woman that wasn't Donna. He stood up, seeing that the woman was in an officers' uniform. "How can I help you?"

She stuck out her hand. "Major Ainsley Hayes, US Army JAG Corps. This is my partner, First Lieutenant Ryan Pierce. We'll be conducting the investigation into you and First Lieutenant Moss regarding allegations of an inappropriate relationship. Could I talk to you for a few minutes?"

Josh nodded. "Will you be speaking with Lieutenant Moss as well, or…"

"Yes. But, if you don't mind, I'd like to start with you. Then, I can speak with a couple of your colleagues about anything they've witnessed. Is that all right?"

"Yes, ma'am." Josh said, nodding in understanding. They approached a meeting room, and Major Hayes went in, followed by Josh and First Lieutenant Pierce.

"Now," Major Hayes began, adjusting the volume on her tape recorder and gesturing to First Lieutenant Pierce to begin taking notes, "I will be here the next two days, interviewing people. Once I have all the information I need, I will take this back to the judge, who will make a determination as to whether a court-martial trial is in order."

Josh nodded. "Sounds good, ma'am."

"State your name, rank, and length of time in service for the record, please."

"Joshua Lyman, Staff Sergeant, US Army. I've been in 16 years."

"Now, let's begin in August of 1998, when you and Lieutenant Moss met."

"Yes, that's about when we met."

"Where did you two meet?"

"At a sports bar. Shooters'."

"You talked?"

"Yes. I don't remember the details, though. It was a long time ago."

"But you do remember sleeping with her?"

"Yes. Rather, I remember her leaving my apartment."

"Did she tell you her name or anything about her?"

"She told me her name, and then briefly mentioned in passing that she was in the Army. I guess her US Army sweatshirt should have given it away."

"You said goodbye?"

"She said it was likely we would never see each other again."

"Because she didn't know you were in the Army, let alone stationed at the same base?"

"She didn't ask, and I didn't say."

"And why not?"

"The truth?"

"That would be preferable, yes."

"Because I was enjoying being a member of the civilian world for a few hours. For once, I was with someone who didn't know I was in the Army. Plus, after hours, my time was my own. It's not like I had to report to anyone."

"After you discovered that Lieutenant Moss was indeed your superior, did you tell anyone about that night?"

"Just one person. Sergeant Sam Seaborn, my roommate."

"Did he tell anyone else? Anyone I need to talk to?"

"I don't think so."

"Okay, let's move on. So, when did you start seeing each other again? Or let's be more accurate: when did sleeping together become a full-blown romantic relationship?"

"In May. We were out of town at a funeral, emotions were high, and well, I know this is going to sound cliche, but one thing led to another."

"Were you protective of your relationship?"

"Yes."

"Who else knew?"

"No one except our parents and a couple of close friends."

"Who all kept it to themselves?"

"Yes."

"Just a couple more questions. In this relationship, have you violated any code of conduct?"

"No, we haven't."

"Have you ever been sexually active on base property?"

"No."

"Did you ever use your relationship with Lieutenant Moss to secure a promotion or other military operations?"

"Absolutely not."

"Well, then, that's all the questions I have for you. Thank you for your time."

"Thank you, Major."

…

The rest of the interviews went quickly over the next two days. Donna was next, and gave very similar answers to Josh regarding their relationship. She swore up and down that absolutely nothing inappropriate happened on base, She also admitted to not knowing Josh was in the Army when they first met, which meant that they couldn't prosecute her for sleeping with a subordinate. Other interviews included CJ, Will, and Carol, who all admitted to knowing at least a little about the relationship, but also said that it was a private relationship that didn't cross over professionally.

Sam was last. When he first walked in and Major Hayes introduced herself, he had trouble believing a woman was part of the JAG Corps. He didn't know why: he had seen A Few Good Men. The second thing he noticed was how attractive she was. He shook it off, but couldn't help but think, "Watch out, Sam, this one might know something."

They shook hands and sat down.

"I've already spoken with both Staff Sergeant Lyman and First Lieutenant Moss, so this will just be a brief interview for me to gather more information about their relationship."

Sam nodded, still enamored. "Whatever you want, ma'am."

"State your full name, rank, and length of time in service for the record, please."

"Samuel Norman Seaborn, Sergeant, US Army, 16 years."

"All right. Where were you in August 1998?"

"Stationed at Fort Belvoir, Virginia, and living in a rented apartment with Josh Lyman."

"How long have you known Staff Sergeant Lyman?"

"Since college, before we enlisted."

"And where were you on the night that he and Lieutenant Moss met?"

"I was out."

"Out? Out where?"

"Is it any of your business?"

"Well, no, but I like to get an accurate picture of my potential witnesses."

"I was out on a date."

"And what did Staff Sergeant Lyman tell you about the night before?"

"Just that he met a cute girl at a bar and took her back to the apartment."

"Nothing about her being in the Army?"

"No, ma'am."

"Did Josh Lyman tell you about this information when he learned it?"

"Yes, he did, ma'am."

"So, you knew that he had slept with an officer and yet you didn't report it?"

"I didn't think it was necessary. He told me she had broken it off with him, that it would be a one time thing, and that was the end of it."

"It never occurred to you that Staff Sergeant Lyman might be seeing Lieutenant Moss on the sly?"

"No, it didn't." Sam paused. "I'm sorry, are you always this abrupt?"

"I beg your pardon, Sergeant?"

"I said are you always this blunt?"

"When I'm trying to get to the bottom of something, yes." Major Hayes blinked. "Do you always flirt with the women you come across on base?"

"Only sometimes." He was beginning to like her more and more.

"Let's get back to the questions. When did you learn they were together?"

"A few days before it came out to Major Cregg and Colonel Santos."

"So, you knew, but kept it to yourself."

"Yes, I didn't feel it was my place to interfere in a private relationship."

"Because he was your friend."

"Yes, ma'am."

She nodded once. "Good man." She blushed. "Anyone asks, that was off the record."

"Understood."

"That's all the questions I have. If I need any more clarifying information, I'll contact you." She flicked off the tape recorder, gathered up her things and gestured for First Lieutenant Pierce to follow her, hoping to make a hasty exit.

Suddenly, Sam said, "Go out with me."

She whirled around. "I beg your pardon?"

"Not now." He said, quickly backtracking. "But from what I've seen today, I would like to get to know you better."

"Have you or have you not learned anything from your friend about asking out a superior?"

"Look, in a year or two, my contract will be up. I've been thinking that I might not re-up. So, in a year...can I call you?"

She hesitated. "Maybe." she replied. And then, she was gone.

Sam just watched her leave, and uttered a single word: "Wow."

…

Two weeks later, official letters came for both Josh and Donna. They announced the results of the investigation. It read in part:

"It is the Army JAG Corps' decision that, based on interviews and other records, Staff Sergeant Joshua Lyman and First Lieutenant Donnatella Moss did not engage in inappropriate conduct while on base or while performing their duties. As it is not in the Army's jurisdiction to interfere in private relationships, the investigation will not move forward into trial at this time. We wish Staff Sergeant Lyman and First Lieutenant Moss the best of luck in future endeavors."

A/N: And that crisis is over! I hope you liked the way I resolved it, as well as Sam and Ainsley's banter. Please leave a review, let me know what you think!