A/N: Sorry for another wait. I lost my aunt who was also my godmother this week. She'd battled long with cancer, but she's resting now, and I am grateful that there was an end to her pain. I am trying to get back to having some fun here. I hope you are still reading. If so, let me know. I will try to wrap this in 3-4 chapters. Sheila

Surviving Winter

Chapter 15

Vance looked up at the clock. It was 10:30 p.m., and he was still in his office, hoping to keep everything together. It had dawned on him a few hours earlier that the decisions he was making were career-enders, and it had even given him enough pause to call Jackie and talk to her about it. Once she understood what was stake though, she was with him all the way. Some things can't be compromised.

A tired Pamela walked in. "Sir, Nathan Shenandoah and his team are in the conference room, and Commander McGee is ready to see you."

Vance nodded and David McGee came in wearing full uniform. The man been told nothing on the phone, but had enough instincts to come ready for battle. Vance gestured for him to sit. He looked up at Vance, "Did they find my boy?"

Vance took the seat across from him and leaned forward. "Commander, your son is alive."

McGee tried to form a response but choked on it. Finally, he was able to emit a soft, "How?"

"Colonel Winter staged the execution. We believe that he did this because our interference was limiting his ability to control Tim. When Gibbs' team showed up earlier this week, they hooked up with a couple of CIA operatives who have been working this case off the grid. Staying off Winter's radar, they found your son about 12 hours ago near Kandahar."

McGee rubbed at his eyes with the palm of his hand. "My God!"

"Commander, this isn't over. Tim is very sick with pneumonia and he may need surgery for injuries he sustained during the kidnapping. We made arrangements to get him out of the country without Winter knowing, but we weren't fast enough. Winter's men arrested all of Gibbs' team about six hours ago pending charges of sabotage and a bunch of other trumped up crap. Tim is in a clinic, but he's under Winter's control again. I know it seems crazy, but I think Winter sees Tim as a threat. He knows too much."

"You think he would kill him?"

"I think that if Gibbs hadn't found your son, Tim would never had made it out of Afghanistan alive."

McGee sat back, a look of shock on his face. He ran a shaky hand through his hair. "We gotta' talk to Sec Nav."

"Already did. The Secretary does not believe that Winter will hurt your son. He's pretty pissed that Gibbs disobeyed his orders."

"Tim is a civilian. Winter has no jurisdiction over him."

"There is some question as to whether Winter formally gave him a commission or not. Bottom line is that your son is at a field hospital in Kandahar. He has been overworked and abused. The resulting pneumonia is antibiotic resistant according to Dr. Mallard. His other injuries may require surgery. Yet when I have made formal and informal requests that Tim be removed to a better facility immediately, I have been denied repeatedly. I have been told that his condition is not serious enough for a medi-vac. I don't trust that assessment. If something happens to your son in that field hospital, a lot of Winter's problems go away."

Commander McGee was on his feet. "I have contacts. I'll get on the phone straight away."

Vance leaned back. "Commander, you're semi-retired, correct?"

"Yes, I am."

"What I am suggesting we do is something would put both of our careers at risk."

"My career is not an issue, not when it comes to my son. If you have an idea that gets him out of that hellhole, let's do it."

Vance let out a deep sigh. "I propose we take the Navy to court. I have one of the best defense attorneys in D.C. who was also a JAG officer for many years in a conference room right now with his team. I've given them enough documentation that would suggest that Winter is both an unreliable and unauthorized caretaker for your son. I also suggest challenging that he was ever officially attached to the military. Shenandoah is his name, and he's prepared to be federal court at 8 a.m. tomorrow to ask for an injunction so that Tim can be moved away from Winter's jurisdiction. This will cost money, lots of it, but Shenandoah is a friend, and he wants to help. He merely needs a plaintiff. That's where you come in."

"You'll be fired for this, Vance."

"Well, hopefully that's all that happens to me."

McGee's brown eyes blurred with tears. "You're a damn good man, Leon."

Vance nodded. "Thanks, but it's not just me. There are two CIA operatives who have put everything on the line as well, and of course, there is Gibbs and his team. All of this wouldn't happen for just any man, David. This is happening because Tim inspires this in people. He is one of the best and brightest young men I have ever had the privilege to know. And everyone else who works with him will tell you the same thing. You raised an excellent human being."

Commander reached over and shook his hand. "Point me toward the lawyers, Leon."

As Leon ushered him out, McGee stopped suddenly. "Should I tell Lila and Sarah?"

Vance's mouth twitched. "Situation's pretty tenuous right now. It's your call, David, but I think we're still riding the roller coaster fast and furious on this one."

David McGee took a deep breath. "You're right. Thank you."

Pamela was waiting for him at the door. "Fornell called. He'll be in Paris in two hours."

Vance nodded. "Go home, Pamela."

She bit her lip. "Have we gone rogue, sir?"

"That's a polite way of putting it, but I don't want you to worry. You're going to be fine."

"Well, sir, I had my sister pack me a bag for a couple of days. Sort of seems like we're at the Alamo, ammunition is low, and I don't intend to abandon my post."

He nodded. "Your loyalty is much appreciated."

…..

The cell in the stockade was a solid gray room without not so much as a bench. The only decoration was a toilet in one corner. The four of them sat on the cement floor. Wilson had smuggled in his phone as 22 year-old MPs were no match for a seasoned CIA operative. He was surreptitiously texting Dunham in the clinic. DiNozzo was covering him. Wilson looked up, "Chad says that Winter hasn't come to the clinic yet as far as he knows. Medical staff is pissed at the takeover, and he has a couple of nurses checking on McGee's progress for him. Says McGee is sleeping right now."

Gibbs nodded. He sat there, arms folded and staring ahead. Ducky sighed. "Did Marine JAG say when they would be here?"

Gibbs shrugged.

Tony leaned back his head and sighed. "Boss, we gotta' start working on a plan."

Gibbs threw him a glare. "You do that, Tony. Maybe you and Wilson can come up with a plan for a jailbreak."

"Yeah, right," Tony said, looking away.

"This thing is out of our control! All we get to do right now is wait. We gotta' hope that Vance and Sec Nav are doing the right thing. We don't have a part. We're frickin' pigeons in a cage."

Ducky sighed. "I understand, Jethro, but there has to be something."

"Winter has McGee. It's going to take a damn act of Congress to get him away from that bastard now! When you figure it out, Duck, you let me know." Gibbs got up and walked over to the other end of the cell.

Tony rubbed his hand over his face but didn't say anything. He was feeling every bit as trapped as his boss.

Wilson looked up. "I'm getting a text from someone named Pamela in Vance's office. CIA Director must have passed on this number to Vance. Ducky, it's for you. She says that Winter is refusing to allow McGee to be evacuated out of country because he says that McGee's health is not of concern and that McGee might be brought up on charges pending further investigation. Vance wants to know how sick McGee is."

Ducky straightened. "Tell him that McGee's condition is quite serious, and that a medical evacuation is necessary. Tell him I have read his charts thoroughly and believe that Timothy may need surgery."

Wilson nodded. "Got it."

Gibbs heard a sound and hissed, "Put it away."

A Marine Lieutenant came in the door and walked up to the bars. "Are you Gibbs?"

He nodded.

"I'm here to tell you that there will be no visit from JAG. Winter has added possible terrorism charges and a possible murder charge. Therefore, you have no right to legal counsel until you have all been thoroughly interrogated."

"Hey!" Tony yelled, getting to his feet and rushing the bars. "We're civilians. We're not subject to these ridiculous charges! We demand to see…somebody!"

Wilson looked up and said cynically. "I have the address to Amnesty International."

Gibbs looked at the Lieutenant calmly. "These charges are ridiculous. There was no murder. Who was murdered?"

The Lieutenant looked down at the papers. "It appears that a Sergeant Tilson has gone missing, and was last seen in the company of the civilian, Timothy McGee, who was subsequently found in your custody. The charge states that Tilson has been incommunicado for 24 hours. His gear has been found with the exception of one weapon. A blanket was found in the tent he was sharing with McGee that had a singed hole. This hole has tested positive for gunshot residue. There was also evidence of blood found on the tent floor. Tests have determined that the blood belonged to Sergeant Everett Tilson. Guard at the outpost says he told Tilson that two men were looking for him. Tilson went off in the direction of the two men and hasn't been seen since. The two men and the civilian, Timothy McGee, were spotted leaving the outpost in a Humvee approximately 30 minutes later. This evidence is sufficient to sustain a murder charge against the civilian, Timothy McGee, and accomplices, Leroy Jethro Gibbs, Anthony DiNozzo Jr., James Wilson, Chad Dunham, and Dr. Donald Mallard."

The Lieutenant looked at Gibbs with empty eyes. "Any questions?"

Gibbs scowled. "We still have the right to due process."

"Of course, you do. Once you have been thoroughly interrogated on charges of terrorism, you will be given counsel in order to answer these murder charges. Just remember that we still do our best interrogations at Gitmo. Let the guard know if you might need some Dramamine. We don't like sick prisoners on overseas flights."

Gibbs stared at the Lieutenant with pure steel and then turned and walked away.

Tony waited until the Lieutenant and his men were gone. "He can't be serious, Boss. Guantanamo Bay? That's too wild."

Gibbs sighed. "It sure would keep us out of the way. Probably take Vance two weeks to untangle it all." He nodded at Wilson. "I got something for you to text."

…..

Ziva had slipped past the nurses easily. In Abby's room, she pulled off her shoes and socks, and climbed in with her, spooning her from behind. Abby groaned and turned her head. "Ziva?"

"Shush, Achot. The nurses do not like me. They are always chasing me off."

Abby smiled. "You refuse to follow any of the hospital rules."

"My hours are not my own. If I can only visit at 2 a.m., that should be tolerated."

Ziva curled her arms around Abby's middle. "What would you say to a…slumber party? I am too tired to go home."

"I love it. Hopefully, they leave us alone for the rest of the night."

Ziva wriggled behind her until she was comfortable. "Something is going on."

Abby's head shot up. "Have you heard from Gibbs? Are they coming back soon?"

"I do not know. No one says much. I heard that Vance hasn't left his office in over a day. Fornell disappeared yesterday morning. I tried to call Tony, but his cell is dead. I'm worried."

"Won't Vance tell you anything?"

"I have been so deep into this stakeout. I spend all but a few hours a day in this Georgetown neighborhood. I have made friends with one of Hussain's people. He wants to sleep with me."

Abby's eyes widened. "Are you going to?"

"Hmmm. Only if I have to. Tony would not like it."

"Since when do we care about what Tony thinks?"

"That is a story for another time, Achot. Right now, I am worried about what is happening to our friends."

"My therapist would be mad that you're bringing all this anxiety into my space."

Ziva frowned and pinched her. "You are not sick anymore. I don't know why you stay here."

"Well, my support system is all in Afghanistan except for the one thinking of sleeping with a terrorist."

"Well, you would not like it if I hid everything from you. Besides, I need someone to talk to now."

Abby smiled. "That's what I love about you, Ziva. You don't try to protect me like I am a little girl."

Ziva sighed, her breath ragged. "I'm so worried. My gut is so tight."

Abby covered Ziva's hand with hers. "It's okay, Ziva. I'll be the strong one now." She started whispering Hail Mary's like her mother taught her until her throat grew raspy. She stopped and listened for Ziva, but she had already settled into a deep sleep, breathing softly against the back of Abby's neck.

…

Fornell leaned his head back on the seat of the plane, evaluating the different scenarios he was considering. The situation definitely called for something bold, and his role in Homeland Security left him with enough latitude to do almost anything short of a palace coup. There were days when he lamented the Homeland Security Act's almost limitless powers. Today was not one of those days.

She sighed and he remembered the sleeping woman leaning on his left shoulder. It was probably unwise to drag Maggie Faust all the way over to Afghanistan with him, but he needed the help and she had quickly proven herself to be indispensible to him. He'd even put in a formal request to keep her on his team. He hadn't said anything to her. No sense getting into it unless it was necessary. It was clear that the young woman had a little case of hero worship where he was concerned, but he didn't let himself think about it. A few more months around him, and she would see the rough edges, the impatience, and the temper. It would be more than enough to convince her that heroes weren't all they were cracked up to be. In the meantime, it was doing wonders for the male ego of a short, balding, middle-aged civil servant.

His phone buzzed and he reached for it in his pocket. The movement startled her and her head popped up. "Are we there?"

He ignored her as he struggled to read the text message. He could feel mortification rise up in her as she came to the realization that she had used her new boss as a pillow throughout much of Eastern Europe. He suppressed a grin, but then the text on his phone proved too blurry and he shoved the phone at her. "I can't read it."

"Sir, I showed you how to enlarge the text."

"I don't care, dammit! Just read it, Maggie."

…

McGee opened his eyes and waited for them to focus. There was a man sitting on a chair next to his bed and he smiled. "Hi Boss."

The man chuckled and Tim's vision cleared. It wasn't Gibbs sitting in the chair. It was the far more ominous Colonel Winter. Tim gasped, "Where's my Boss? He was here before. I remember."

"He's been arrested on a number of charges. I'm afraid he can no longer help you."

McGee tried to sit up, but the weakness in his muscles refused to support him and his head fell back. "He didn't do anything. He was just here to bring me home."

"It wasn't his call to make, McGee. You're mine until I say otherwise."

Memories came flooding back to him. "You let them believe I was dead. Everyone thought I was dead."

"It was for the greater good."

"But my family…my friends…that was cruel and it was unnecessary."

Winter shook his head. "It influenced you too much when they were constantly interfering. When they thought you were dead, they stopped bothering me."

"And the Marines. Those kids…they're alive and you made me believe…" Tim shook his head in disbelief.

"Another motivator."

"I was never supposed to make home alive."

Winter shrugged. 'That was always up to how you played the game, McGee. Unfortunately, you weren't willing to be the kind of soldier I needed without these particular motivating factors."

"I did everything you asked of me."

"Only because I motivated you."

"I believed in you. I never questioned you."

Winter chortled. "So what? That's an expectation of every soldier."

"I wasn't your soldier!" McGee's face colored.

"Anyone who works for me is my soldier. It was wrong for Gibbs to allow you to believe otherwise."

"I thought that you sent Tilson to take care of me, but the truth was that he was my captor and in the end, he was my assassin."

"Hard to prove, McGee, because you're not dead, but Tilson is, isn't he?"

McGee looked past Winter, focusing on the Gibbs' last words to him before he was dragged away.

"Where will we find his body?"

McGee was a terrible liar, but he was very good at being stubborn. He ignored the Colonel steadily.

"Tilson was taking care of you outside of Kandahar. We found the tent. I have a forensics team there now. They'll find blood evidence. We already found the blanket with the singed bullet holes in it. The sentry reports talking to Tilson and telling him that two non-military men were looking for you. He says Tilson pulled his weapon and ran in the direction of your tent. Twenty minutes later, a Humvee came speeding from the direction, refusing to stop at the sentry for identification. You were in that Humvee. So were your friends, DiNozzo and that freak, Dunham. I'll bet all of my considerable pension benefits that Tilson's body was in that truck with you. I already have teams searching the roadside north and south of that outpost. We're going to find the highly decorated Marine Sergeant Tilson's body on the side of the road, and then you and all of your friends are going to spend the rest of your lives in Leavenworth prison. You will spend all of your days wishing that you'd been man enough to be the soldier I needed you to be."

Tears threatened McGee's green eyes, but he refused to give the Colonel the satisfaction of letting them fall. He stayed silent through the man's speech staring straight ahead as if the Colonel wasn't there. He couldn't remember much after shooting Tilson. He remembered begging for them to not drop him on the roadside, but he had no way of knowing what really happened. He was unconscious until he'd woken in the hospital. As Winter harangued him, his vision was starting to blur, and the pain in his chest increased.

Winter stood over him. "You think you're strong, McGee! That's such a joke! I've never seen a bigger pansy than you! You'll talk, boy! I'm going to make you cry and beg and piss your pants before I'm done! Gibbs was a fool to have ever treated you like a man! You're nothing but a fuckin' little boy!"

The doctor who'd treated him the last time he'd been at the clinic walked in. It was clear that the Colonel's words had pierced the rather thin walls of the field hospital. She could barely control the shaking in her hands. "Colonel, I must ask you to leave. This is my patient, and you're putting his recovery at risk."

He turned on her and pointed. "Get out of here before I have you charged with interfering with an investigation!"

Face red, she stood her ground. "I'll make a complaint to the Navy Chief Surgeon himself."

"Lieutenant!"

A Lieutenant and two Sergeants filed in. Winter pointed at the doctor. "She doesn't enter this room again unless I give you orders. I want it documented that this…McGee is a malingerer, and is not in facing a serious health crisis."

"Yes sir." The soldiers pushed the doctor out of the door. Winter sat down in his chair again and smiled at McGee as he struggled to breathe. "Well, let's get back to our conversation."

…..

DiNozzo covered Wilson with his back while the operative viewed the latest text message. Wilson looked up and shook his head. "Winter's been in with McGee two hours now. Dunham can hear some of the yelling and threats through the wall. Winter has refused to let medical staff access to McGee. Says McGee is a Malingerer. Dunham says McGee's holding out, but there's no telling how long this can go on."

"Bastard!" Tony hissed.

Ducky shook his head, his mouth set hard. "This goes against every medical ethic I've ever known. I'd give every penny to my name to spend ten minutes alone in a room with that monster."

"Save your money, Duck. I'm getting there first, and I doubt there'll be much left of him by the time it's your turn." Gibbs said in a low, dangerous voice. Tony shivered. This was a tone he'd heard maybe three times in his association with Gibbs; the first time being when they hunted Ari after he murdered Kate. This was Gibbs' killer voice and Tony had no doubt that Gibbs would kill Winter if given the chance.

…..

TBC

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