Walter Skinner had to grovel and beg Kersh and other higher ups to get Mulder this trial, this one slim chance at justice. His career would probably be finished after this, but he felt he owed it to Dana. He still felt guilty he hand't been able to protect her and her little boy. She was an impressive agent and she had basically had to sacrifice her career and her life for reasons that might forever be beyond reach. It wasn't fair, but there wasn't much he could do for her, he wasn't really equipped to fight super soldiers, but fighting bureaucracy... that he stood a chance with.
The guard opens the door to Mulder's cell, allowing Skinner in.
He looks at Mulder hoping to see some excitement or at least gratitude for angling to give him this chance to clear his name,
"I hope your not waiting for a big kiss hello, Skin-man."
"The only thing you're going to be kissing, Mulder, is your sweet ass good-bye, with the trouble your in."
"Uh-huh, I kind of gathered that right around the 50th brainwashing session."
"Mulder, we have to start working on your case, preparing for trial."
"Nothing I say is gonna matter. Not with the case they're building."
Skinner shook his head at Mulder's defeatist attitude, "I don't think you understand the seriousness of the charges. This isn't some routine wrist slapping. You're on trial for your life."
"My trial's a forgone conclusion. The whole thing is rigged, what they really want is for me to admit my guilt and help them out. What's really on trial here is the truth."
"Well then, who better to fight for it then you?"
Mulder scoffs.
"They're saying you killed a man." Skinner tries again,
"Have they produced a body?" Mulder asks,
Skinner sighs, indicating no.
"You can't produce a body because you can't kill a man who won't die." Mulder tells him.
"Well, body or not, they've got 30 witnesses from that government facility ready to testify against you... look I've been looking into lawyers to represent you, I think there is one who might-"
Mulder interrupts with a laugh,
"Who is going to defend a man who believes in aliens against the FBI and the military? It's never going to happen. Why can't you defend me?"
Skinner shakes his head, "I can't represent you."
Mulder tilts his head incredulously, "You know all the facts, the details the whole government conspiracy... more than that, I trust you."
Skinner is stunned silent by the weight of having somehow earned the complete faith in a man who lives and breathes 'Trust No ONE' He thought Scully had been the only exception and was honored it apparently extended to him as well.
"Mulder..."
"They can't try me without exposing themselves. I know what I'm doing." Mulder appealed to him.
While Skinner is considering the proposition the cell door opens and Doggett enters.
"Whooo, now it's a party." Mulder exclaims, acting very cavalier, even for him, given his life is on the line.
"Agent Mulder." Doggett nods,
Mulder can tell he has not come to deliver good news.
"We've been working off what little we have but the military just got back to us... I know this is impossible, but they're saying they got Knowle Rohrer's body."
Yup... not good news at all.
Courtroom: A door opens into the empty room where the court proceedings will occur.
Skinner walks in carrying a briefcase. He stands in the center of the room for a moment, then turns to set up his table
Special Agent Kallenbrunner enters,
"Special Agent Kallenbrunner. I'll be handling the prosecution. I'm out of the L.A. Field office." He says introducing himself to Skinner,
Skinner is surprised by how green the kid looks, "How did you get this assignment?" He asks nervously, normally he would be feeling overconfident at going up against Kallenbrunner and in any other scenario he'd be justified but he knows in this case, they picked him to rub it in his face that no matter what happens in this courtroom Mulder won't be walking out.
"I was a Federal Prosecutor in D.C. Before joining the FBI. And you?" Kallenbrunner asks.
"That's a good question." He says a bit existentially
Next the jury walk in, it's a 5 man panel led by the "toothpick man."
Kersh stands as judge/ringleader, "Let's bring in the defendant. This proceeding is called to order."
The back door opens and Mulder walks in accompanied by a guard, dressed in his orange prison jumpsuit.
"Mr. Kallenbrunner you may proceed." Kersh instructs,
"I have no witnesses to call. I will submit to the court, however the sworn testimony of 30 men and women who saw the crime." He says turning it over to Skinner,
"I move to dismiss these proceedings on the grounds it violates the accused's rights to a fair trail. I'm not a lawyer. You're not a judge. This is not a court of law." Skinner argues,
"This is a military court of law. You may want to familiarize yourself with title ten of the U.S. Code. But I suggest you call a witness." Kersh says unimpressed so far with Skinner's performance.
Skinner sighs, "Then I move to delay this trial. My central witness, Marita Covarrubias works for the united nations and I can't locate her. And I've received no help from the U.S. Government locating her."
"I have to deny that request. Do you another witness, Mr. Skinner?" Kersh asks unmoved,
"I'll call a witness but I would like to do so under protest."
"Both the panel's judgments and rulings are sovereign, Mr. Skinner. There is no record." Kersh explains shocking Skinner,
"Excuse me? This isn't a secret tribunal. As you've so kindly informed me, it's a court of law."
"Military court of law, Mr. Skinner" Kersh corrects.
Mulder leans over, "It's okay." He reassures Skinner, "Try your case."
Skinner takes a deep breath and tilts his head up sending a silent prayer,
'Here we go'