A/N: I'm baaaaccckkk! It's been a rough month with the tornado, and none of the repairs have happened yet. Very frustrating. I took a little break during this time to write another piece, Learning Curve, that I posted in its entirety over on NFA. Then I tried to return to this and got stuck. I admire people who can write several stories simultaneously, but I am clearly not one of those people. If you are still reading, please let me know. I hope I haven't lost you all! Sheila

Surviving Winter

Chapter 17

Gibbs pulled off his vest, leaving his gun and knives. He climbed out of the jet wearing nothing but his khaki pants and a t-shirt. He put his hands up and walked toward Colonel Winter. The Colonel was surrounded by humvees and soldiers, and Gibbs was going to do the best he could to give no one an excuse to shoot. He stopped. "I wanna' talk."

Winter signaled for his men to stand down. Then he walked forward until they were about 10 ft. apart. "You're not leaving this country with that boy."

Gibbs sighed. "You talk about him like he's a possession."

"That's the problem with you, Gibbs. You act like you're different than I am and you're not."

Gibbs shrugged. "I'm a bastard. I push my people too hard. I expect a lot and give very little in return, but that's where the comparison ends. You're a monster and I'm not."

Winter chuckled. "You think this war could be won by Mother Theresa?"

"I've fought for some very remarkable men. They were tough and hard when they needed to be, but they honored the sacrifice that their soldiers made. They didn't use people up for their own personal gains, and they certainly didn't try to kill them."

"You can't prove any of that."

"McGee was dead, and then we find out that one of your men is hiding him, and he's dying of pneumonia. Then that man tries to kill him. How do you explain that?"

"I think McGee has his story and I have mine. An important witness to this drama is missing. A very honorable man, Sergeant Tilson, has been killed. And while I don't have his body yet, I will find it and it will do everything I need to characterize McGee as a liar and a murderer."

"Over my dead body, you bastard."

Winter smiled. "You're just dying to throw down with me, aren't you? One gladiator against another."

Gibbs shook his head. "If you need that to move forward, we'll do it, but it doesn't appeal to me. You're not a gladiator; you're a dictator. I just want to get my people home."

"I won't allow you to take off until McGee is removed."

"Not going to happen. He's not in your custody."

"I was on the phone two hours ago with Sec Nav about your federal court order. He's not amused especially since I have evidence that McGee murdered a decorated Marine."

"I'm not releasing him to you."

Winter shrugged his shoulders. "Then we're at an impasse, Gunny."

…..

Commander David McGee sat in Sec Nav's outer office in his dress whites. He'd shown up at 7 a.m., and let the Secretary's aides know that he would wait until the Secretary had ten minutes. McGee could see that the aides were flustered by his unscheduled visit, and he wasn't surprised when he heard from his own commanding officer. The Commander listened quietly to his superior on his cell, and then respectfully explained that he would accept any and all consequences for his actions. Commander McGee was at peace. There was no longer anything for him to fear. A court martial would be preferable to losing his son a second time. He settled in with his hands in his lap and waited.

It was 2 p.m. when an aide came to him and said that Sec Nav had a few minutes. He walked in stiffly and stood at attention.

Sec Nav looked up from his desk. "I'm only allowing this breach in protocol because I know that you thought you lost your son, and I am aware of your exemplary service record."

"Thank you, Sir."

"Sit down, Commander and tell me what I can do."

McGee perched on the edge of his chair. "You are aware, no doubt, that I went to federal court this morning and obtained an order for my son to be turned over to Homeland Security."

"I am aware. JAG lawyers are scheduled to issue a challenge at 5 p.m. today."

"Yes Sir. I expected that. My intention is not to circumvent Navy procedures. Rather, it is remove my son, Timothy, from a situation that is quite deadly. It is not my belief that he is safe as long as he is under Colonel Winter's command."

"Are you aware that your son was under the protection of a decorated Marine named Tilson and that your son is suspected of murdering him?"

McGee's face colored. Nothing prepared him for an obstacle of this nature.

"McGee, if I allow your son to leave Afghanistan, it will appear as if I'm complicit in this crime. He has to stay and face the consequences."

McGee closed his eyes, and tried to settle his breathing. "There is evidence of this?"

"Colonel Winter says there is."

McGee leaned forward and spoke slowly. "If my son has to pay for a crime, he should. I hope you have taken time to read his file. My son has always been law-abiding."

"I have read your son's file. He's been a tremendous asset to NCIS."

"Mr. Secretary, can you explain how my son was presumed dead, how we mourned for almost two weeks, and yet he turns up with one of Winter's men? Can you help me understand why he was diagnosed with a serious case of pneumonia 5 days ago while in the company of one of Winter's men, and yet was removed from medical care? A complaint was filed by medical personnel against Colonel Winter as a result. Do you have an understanding as to how the original contract between Colonel Winter and NCIS was ignored from the moment my son landed in Afghanistan?"

McGee stopped for a moment and put up a hand. "Excuse me, Sir. I want to make these words count."

The Secretary nodded.

McGee took a deep breath. "Colonel Winter's actions have been…unusual to say the least. In fact, I need to be honest in that I believe that his actions have been reprehensible and inexcusable. I will not assume, but I do suspect that you have been confused and troubled by his actions as well. All of this must be investigated. The missing Marine deserves an investigation conducted with true objectivity. Integrity is at a premium right now. My son deserves due process. Bring him home so that he can be guaranteed that. Bring him home so that he can get proper medical care. Bring him home so we can…know that he's truly alive. We'll face the consequences together."

…

Tony threaded his way to the front of the plane. He found Fornell at the door. "Why the hell are we not taking off?"

Fornell pointed to the window. Tony leaned over and saw Gibbs and Winter squared off against one another. He pushed against the door, but Fornell grabbed him. "Hold on. We're not invited."

"The boss has no power out there. He's out there on his own."

Fornell hissed into his ear. "How many soldiers are you going to take on, DiNozzo? Let them talk. It's the only thing we have working for us right now. If he refuses to let us taxi, I have no rabbit to pull out of my hat. I can't fix it."

Tony sagged against the wall of the plane. "I won't let them take McGee. I mean it, Fornell. I'll turn it into a frickin' remake of Dog Day Afternoon."

Fornell rolled his eyes. "That's beautiful, Tony. Nice visual!"

"What are we going to do?"

"Watch, DiNozzo. Just watch."

…..

"Once JAG quashes this ridiculous custody order, I'm going to board that plane and remove him."

Gibbs' face stayed impassive. He scanned the tarmac littered with military men and vehicles all ready to move at a moment's notice.

Winter smiled. "You're weighing your options, Gunny. That's good. How far are you willing to go for the green-eyed kid."

Gibbs blinked. "I can tell you where Tilson is."

"If you know where he is, you are obligated to tell me. You're an officer of the law."

"You'll find him in the morgue. He was brought there yesterday."

Winter stared at him for a moment and his face reddened. Gibbs could tell that he'd never considered the simple elegance in hiding the body right where it should be. The Colonel gestured at one of his aides and whispered in his ear. The aide turned and ran toward one of the jeeps. Gibbs wondered if this was going to be the only satisfying moment he'd be allowed today.

Colonel glared at him. "At last, we can put Tilson to rest. Now, tell me what happened."

"DiNozzo, Dunham, and I went north to find McGee. When we found him, he was in terrible physical condition. We searched the tent and found one of Tilson's weapons. I was holding it when he came in, and pointed a gun at McGee. I shot him twice in the chest. We brought his body back to the base, and Dr. Mallard brought him to the morgue."

"Where's the weapon you used to kill Tilson?"

Gibbs shrugged. "I threw it out of the vehicle. I don't remember where."

Winter shook his head. "It's almost perfect. Explain the bullet holes we found singed through the blankets on McGee's cot. And don't tell me that the burns on the blanket are old. They are not."

Gibbs didn't move a muscle. "I was holding the blanket in one hand getting ready to move McGee. I shot through the blanket."

"I don't believe you."

"It's what happened."

"Are you ready to go to jail for the rest of your life?"

"There were extenuating circumstances. I think the military tribunal will see that."

"A former Marine AWOL in Afghanistan operating outside of Sec Nav orders using another Marine's weapon to kill him; it sounds pretty bad, Gunny."

"I'll face the consequences."

"And McGee will back you up on this?"

"Yes."

Winter sighed. "If I come on the plane with you, no weapons, and McGee confirms this story, I will let the plane take off. McGee can go home."

"DiNozzo was there. He can confirm it."

Winter shook his head. "It has to be McGee."

Gibbs slowly nodded. "Then you'll have to let me talk to him alone first. His instincts are to protect me. He'll be reluctant to say anything that implicates me."

Winter smiled. "So I should let you have a few minutes to get your stories straight."

"Tilson deserves justice, right? Is it really less disappointing that I did it as opposed to McGee? I think you're going to get what you want."

Winter nodded. "Let's get it done then, Gunny."

…..

Gibbs ran up the stairs to the plane and pulled open the door. Fornell and Tony were waiting for him. Gibbs pushed past them. "I have to talk to McGee."

Tony grabbed him by the arm and held. "What did you do, Boss?"

"I have a plan, Tony. I can get you in the air in the next twenty minutes with McGee."

Fornell stepped in front of him. "You confessed, didn't you?"

"It will get McGee back to D.C. You're going to have to find me a helluva lawyer, Tobias. I gotta' talk to McGee."

Fornell braced his arms on Gibbs' shoulders. "Jethro, it's a trick. It's not real."

Gibbs stared at him. "We made a deal."

Dunham pulled himself upright in a seat. "Winter's deals are lousy, Gibbs. You know that."

Gibbs closed his eyes and stopped pushing against Fornell. "You're right."

There was a commotion at the front of the plane and Tony pulled out his weapon. Gibbs grabbed his arm and pulled it down. "Don't be a fool, Tony."

Six fully armed Marines burst through the door followed by Winter. There wasn't room for all of them, and DiNozzo, Fornell, and Gibbs were forced into seats by semi-automatic weapons. Winter stopped in front of Gibbs. "You played it well, Gunny, but you were too desperate to get the kid out of here. Your confession stank, but I'll be happy to make sure you get charged as an accessory. That goes for DiNozzo, Mallard, Dunham, and Wilson as well."

Gibbs glared at him. "You've gone too far and too many people have seen your crimes, Winter."

Fornell tried to push past a Marine. "I'm Agent Tobias Fornell with Homeland Security and I have a federal court order to take McGee back to the U.S. You are violating the Homeland Security Act of 2002 with these delays!"

"I don't know who the fuck you are, but shut up! I see your Homeland Security and raise you the Secretary of the Navy. In other words, my dick's bigger than yours."

"It's like listening to soothing tones of a poet whenever you're around, Colonel," Dunham drawled.

Winter shook his head. "If I had disappeared you when I had the chance, Dunham, the world would be a better place."

Fornell looked at Gibbs. "This guy is delusional."

Gibbs tried to shout a warning but it was too late. The Marine behind Fornell slammed his gun butt into the side of his head. Fornell slumped forward. Everyone started yelling. Tony got up, but another Marine pulled him down hard. Then a very unlikely threat was on her feet pointing a gun at the head of the Marine who hit Fornell. "Agent Margaret Faust, FBI! Put your hands up, Soldier!"

A very tense situation went ballastic as every firearm in the small cabin pointed at the young agent. Gibbs jumped up. "Winter! Stop this madness!"

Faust saw all of the guns pointed at her and struggled to control the trembling that seized her body.

"Put down the gun, girl," Winter growled.

She looked at him, eyes wide, but did nothing.

"Maggie!" Her eyes flew to Gibbs. "Do what the Colonel says. Put down the gun real slow. Give it to the Marines."

She nodded slowly, and let her trembling arms drop. Three Marines charged in and subdued her. She disappeared under their mass.

"Get off her!" Gibbs shouted. Surprisingly, no one objected. The Marines scrambled off and pulled her to her feet, and then she stood there breathing hard.

Gibbs' eyes switched to Winter. "Have them put her next to DiNozzo."

Winter nodded and the Marines let Tony reach out and grab for her. He pulled her into his chest and sat down again. The sounds of muffled sobbing were heard.

Gibbs reached over the seat and felt for Fornell's pulse. Fornell groaned at his touch. He turned his head and looked at Winter. "Do what you're going to do, but let's see if we can get through this without a cabin full of dead bodies."

Winter looked at his Marines. "Wait here. I'll be back. Come on, Gibbs. You might as well hear it for yourself."

Gibbs got up. He gave DiNozzo a look of warning and then followed Winter into the back of the plane. Ducky and the Marine doctor and nurse were behind the curtain with McGee. Ducky's face was red with rage, but a look from Gibbs told him to stay calm. McGee's head rested on his shoulder as he slept.

"Wake up, McGee!" Winter barked.

McGee didn't respond.

Winter reached over to shake him, but Gibbs grabbed his arm. "Don't touch him!"

Winter looked ready to punch Gibbs, but he merely pulled away from him. He turned to the Marine doctor. "Wake him up!"

She stood tall. "He's very sick, Colonel. He needs the rest."

"Wake him up!"

She startled at the force in his voice. So she leaned forward and shook McGee. Tim shook his head, but responded drowsily to her touch. His tired green eyes opened and he looked around the room. His eyes stopped when he saw Winter and his body tensed.

"I got a few more questions for you, McGee."

McGee saw Gibbs behind him and locked eyes with his boss.

"We need the truth, McGee. The plane doesn't leave without the truth. We have the evidence, but we got a problem. See, I know you killed him, but your boss here has confessed. He's willing to go to jail for you. You okay with that?"

McGee's brow furrowed and his breathing quickened but he said nothing.

"He'll be charged with murder, and he'll never see the outside of a prison again. You want him to carry that weight for you?"

McGee shook his head.

"Good boy. Why don't you tell me what really happened."

McGee stared at Gibbs and said nothing.

"Talk McGee!"

Tim ignored Winter and just looked at Gibbs.

Winter leaned over him. "Now!"

McGee tensed and tried to move away. Gibbs was at his limit. If he exploded, then somebody was going to get shot, but he possessed no more control.

Winter was ready to shout at McGee again when one of his aides called for him. Winter straightened up as the aide burst through the curtain into the back. "Sec Nav is on the phone. I told him you couldn't be disturbed, but he's very insistent, Sir."

Winter took the cell phone extended to him.

…

Sec Nav looked at Commander McGee sitting across from him as Winter answered. "Mr. Secretary, Sir. What can I do for you?"

"Is Special Agent McGee still in country with you?"

"Yes Sir, I was able to stop the plane before it took off. I have McGee in custody."

Sec Nav sighed. "Has he confessed to any crime?"

Commander McGee shifted in his seat.

"Sir, he is ready to do so. I was expecting a confession just as you called."

Sec Nav closed his eyes. "Does he have a lawyer with him, Colonel?"

"No Sir. He has not requested a lawyer."

"Colonel, is he impaired? I have heard reports that he is quite sick."

Winter cleared his throat. "I believe that those reports were exaggerated."

"Colonel, is there a doctor there?"

Winter looked at the Marine doctor. "Yes Sir."

"Hand the phone to the doctor."

"Sir—"

"Winter, hand the phone to the doctor!"

Captain Maureen Truman had no idea what she was getting herself in for when she volunteered to travel to D.C. with Agent McGee. At most, she had hoped that she would have a few days to spend in D.C. before returning to Afghanistan. She took the phone from the angry Colonel Winter. "This is Captain Truman, Sir."

"Are you McGee's physician?"

"Yes Sir."

"What is McGee's condition? Is he sick? Can he be interrogated in his current condition?"

Truman closed her eyes for a moment. Being a Marine mattered a lot to her. It mattered almost as much as being a doctor. But Truman had always been taught by her Marine father that the hard truth was the only real path to righteousness. "Sir, he is quite impaired. He has untreated pneumonia that has settled deeply into his lungs. He's running a high fever. I wouldn't even approve travel for him but it seems quite important to get him back to D.C."

Sec Nav looked at Commander McGee again. "Have you observed his interrogation? Was he offered a lawyer? Has he been treated appropriately?"

Dr. Truman took a deep breath as she remembered Winter screaming at McGee in the clinic, refusing to listen to McGee's doctors. "Sir, it is my professional opinion that Colonel Winter has been seriously abusive to Agent McGee to the extent that he has ignored medical advice against vigorously interrogating McGee both at the clinic and now here on the plane. I have heard him threaten McGee on several occasions. I am willing to testify to the abuses I have both heard and observed."

Sec Nav shook his head. "Dr. Truman, please report to my office when you arrive in D.C. I would like you to give my staff a complete accounting of what you observed. Please give the phone back to Winter."

"Yes Sir," she said as she extended her hand and Winter grabbed the phone.

"Winter, you will that plane now and give it the go ahead for take off. You will do nothing further to prevent this flight from coming to D.C. You will take no one into custody. Do you understand me? None of them will be taken into custody."

"Sir, there are circumstances—"

"I don't care if they serial murdered a whole platoon of Marines. I want them all returned to D.C. now. Have I made myself clear, Colonel?" Sec Nav growled into the phone.

"Yes Sir. Under protest, Sir."

"Wouldn't have it any other way, Colonel. You'll be hearing from me again soon." Sec Nav hung up the phone before Winter could say another word. Then he looked at McGee. "Your son's coming home, Commander. I don't know what will happen beyond that, but he's alive and he's coming home."

McGee sighed, his breath ragged. "Thank you, Sir."

"I imagine you need to go back to your hotel and prepare your wife and daughter for a long overdue homecoming. A direct flight from Kandahar should make it here in about 16 hours."

McGee stood on shaky legs and said his good-byes. He made it downstairs, and found a park across from the building. Slowly, he sat down on a bench, dropped his face into his hands, and sobbed his relief for Timothy's life.

…

Gibbs woke when they were over the Atlantic. He stretched his tired limbs, and made his way to the back. Ducky was sitting with McGee and Fornell while the Marine doctor and nurse slept in cots. Gibbs sat down and nodded at the doctor's sleeping form. "I owe that woman a steak dinner."

Ducky smiled. "She was remarkable. She didn't let that bully get to her."

Fornell's eyes flickered open at the sound of voices. He frowned at both of them.

Gibbs smiled. "I was just telling Ducky that I need to take Doc Truman out for a steak dinner. She didn't pull any punches with Sec Nav."

"Whatever that means. I have a headache."

Ducky moved over and checked his pupils. "Yes, yes, you'll be just fine, Tobias. Clearly, you have a concussion, but I think you'll weather it quite well."

Fornell frowned some more. "Where's Maggie? I haven't seen her since before we took off."

Ducky raised his brows at Gibbs. "Well, I believe she's sleeping, Tobias."

A voice sounded from the curtain, and Maggie pulled it back. "I heard you, sir. Can I get you anything?"

Fornell stared at her for a long moment until she realized that he'd spotted the large purple bruise on her face where one of the Marine's elbows landed. "Who did that to you?"

She turned that cheek away from him. "You don't remember the little incident then?"

"What incident?"

The plane hit turbulence and Agent Faust grabbed onto to the doorway in an effort to stay upright. "Sir, maybe we oughta' discuss this later."

Gibbs nodded. "Good idea, Maggie. Go back and sit with Tony."

Fornell stared at her retreating back. "What the hell did I miss?"

"When that Marine butted you, she pulled out her weapon and took on the whole plane."

Fornell's eyes widened. "No! Really?"

"We had quite a little standoff there."

"Oh my God! She's lucky she didn't get killed. I'll have to talk to her."

"Don't be too hard on her, Tobias. She was bad ass, and I told her that if she gets tired of the FBI, she can come and work for me anytime."

Fornell lifted his aching head and glared. "You poaching my people?"

Gibbs shrugged, a small grin playing on his face. "Naw. Just her. I might take her out for a steak too."

Fornell pointed at finger at him. "You stay away from her with your steaks and your jobs. She's doing just fine."

"Whatever you say." Gibbs chuckled.

It was the first easy moment any of them had had in weeks, and Ducky joined in the laughter. A pair of green eyes fluttered open, and McGee smiled. He didn't know the joke, but he was among people he cared about and trusted for the first time in a long time.

….

TBC