A/N: Where has this story been? Mostly writer's block. And I'm trying to tie up all loose ends. And I have had to do a lot of thinking about how to have this end. There are either one or two more chapters. There is a military tribunal. I can imagine that I have made about a thousand procedural errors. Sorry. I can only do so much research. If you are still reading, I am so grateful. I appreciate your patience and your loyalty to this story. Please tell me so I know that you are here. Sheila

Surviving Winter

Chapter 19

Tim's eyes flew open, his chest heaving. He looked around the room, surprised it wasn't tent, a hospital, or a stone room. Familiar smells and possessions caught him, and his breathing slowed as he realized he was in his bedroom in his apartment. He turned to the alarm. He till had another 30 minutes before it was going to sound, but he knew he would find sleep again before that. He'd been home only a few days now, and while he was on his feet these days, sleep had been elusive. He tossed and turned for hours, and woke up yelling at least once a night.

He padded into the bathroom wincing when he caught his face in the mirror. His lean face still looked skeletal, dark shadows under his green eyes. He looked away in disgust and climbed into the shower. Today was a big day. A military tribunal was happening, and by the end of the day, he would know if he was going to prison and for how long.

He and his father had spent hours with his lawyer. He'd stayed stubborn throughout the entire process, and was determined to tell everything, letting the chips fall where they may. More than fear, he felt a tremendous sense of relief. He had no appetite for spending time in prison, but he had even less interest in living with the guilt of what had happened to Tilson. He was going to put his trust in the integrity of the tribunal.

He was just getting dressed when the doorbell rang. He trotted out in his dress pants and undershirt and pulled the door open, expecting his father dressed in his best uniform whites. Instead, he was greeted by olive drab worn by Colonel Winter. He sucked in breath.

Winter nodded. "Can I come in, McGee?"

McGee's sense of decorum won out over common sense and he stood aside to allow the man entrance. Winter looked around McGee's cluttered apartment with its books and computers and he chortled. "You really are a geek."

McGee frowned. "Sir, I'm not sure it's proper that you be here on the day of the tribunal. In fact, I didn't even know you were coming from Afghanistan for this."

Winter turned. "I shouldn't have to, but some of my decisions have been called into question, and I have to answer to them. Do you plan on telling the truth about what you did?"

McGee's first impressions of Winter had been admiration, then there had been the sense of duty that had later evolved into fear. Today, all he felt was revulsion. "I will answer truthfully."

"You'll probably end up in prison. You know that."

McGee narrowed his eyes. "It will be the decision of the tribunal."

"We can help each other, McGee."

McGee shook his head. "I don't understand what you are talking about."

Winter glared. "We can compromise. I can keep you out of jail, and you can vouch for some of my decisions. We'll work together."

McGee just stared at him.

"You're as much to blame for your troubles, McGee, as I am. Plus, you killed a man in cold blood. Those are facts."

It was like the rope unraveling as an anchor gets thrown. McGee yelled as he barreled into Winter with as much force as his thin body could produce. He propelled both of them into one of his floor to ceiling bookshelves. Wood cracked and books, items, and boards rained down on both of them. They both were struggling to extricate themselves when there was shouting at the open door. "NCIS! Don't move!"

Gibbs and Tony came in, guns drawn. Commander McGee ran past them and started pulling debris off of the two men. He found Winter first and pulled him upright. As recognition dawned on him, McGee let loose with a right cross packed with rage. Winter slumped to the floor again. Then Gibbs was there, holding McGee back while Tony dug for Tim and pulled him out. Tim was shaky on his feet while Tony dusted him off. "You okay, Tim?"

Tim tried to climb through him to get at Winter, but DiNozzo held him back. "He wants me to lie so he doesn't get into trouble. He wants me to lie!"

Gibbs jerked Winter up again, but kept his distance. He wanted nothing more to put Winter in the hospital and none of them could afford that complication. "Get out! Get out!"

Winter ignored him. "I didn't tell you to lie. I told you we could help each other. You're going to prison, boy, and you got no clue how they handle delicate flowers like yourself. I was going to help your pathetic ass." Then he turned to the elder McGee. "As for you Commander, I'll be pressing charges."

Commander McGee advanced on him. "Then let's make it worthwhile!"

Gibbs got between them, Commander McGee, chest heaving, glared at Winter over Gibbs' shoulder. "You got ten seconds to get out of here before I break every bone in your face."

Winter shook his head and turned his attention back to Tim. "Your daddy can't fix this, boy."

Gibbs grabbed Winter by the arm and twisted it behind him, dragging him to the door, pushing him out, and slamming it in his face. He turned, adrenaline still racing. "You okay, McGee?"

McGee leaned against Tony, looking haunted. "I can't lie, Boss, even if it means staying out of jail. I can't lie about killing a man."

Gibbs pointed a finger. "It was self defense! You remember that, McGee! You had no choice. Do not let that asshole get into your head!"

Tim nodded. "It was self defense. I do know that, Boss."

Tony gestured at the door. "Do you want me to go out and make sure he is gone?"

Gibbs rolled his eyes. "'Cause killing a Marine Colonel will make this whole thing better. We don't make him a victim, DiNozzo. Worst move possible. Think of him as a crazed bull. Best thing is to stand back and let him run himself into the ground."

Tony slammed the wall with his palm. "If he comes near McGee again, I'll kill him."

Gibbs smiled, gesturing at Tim. "Looks to me like he don't need you, Tony."

Tim returned the smile. "I can't say that it was the most graceful move, but it was effective."

Commander McGee frowned at a swollen red bump growing on his son's cheek. "Come on, son. Let's finish getting you dressed."

…..

Abby spooned up some frozen strawberry yogurt and looked at Ziva. "I wonder how they are doing."

Ziva sipped her mango smoothie. "Tony said it could take two days for the tribunal to hear all the testimony."

"I'm worried about Tim. Sending him to prison would be the worst possible injustice. I don't know what I would do."

"Achot!" Ziva frowned. "You are strong now! It won't happen, but if…it does, we'll handle it. We've survived so much. We don't give up."

Abby nodded.

"Speaking of Tim, have you seen him much?"

Abby shrugged. "I'm back at work, and when I'm done in the evenings, he's with his father or planning strategy with his lawyer. Sometimes, I join them, but everything is so urgent; we are all still in crisis mode. There's no time to relax and just be with Timmy."

Ziva watched her closely. "To have him back is such a special gift."

Abby's chin trembled. "We're both so wounded. I want to be with him, but I worry I'm not strong. And I think he feels the same about me. We are so cautious with one another."

"Give it time. Both of you need to learn to laugh again."

"So Ziva, tell me why I'm in Georgetown in the middle of the day eating frozen yogurt."

Ziva looked around and picked up a paper bag from under the table. "I have some things for you. I need you to check them for DNA samples."

Abby's eyes widened. "You found Gul Baden Hussain!"

Ziva shrugged. "I don't know. I have become…close to a known associate of his. This man has been secretive about a friend who visits. The friend left behind a shirt. I want you to check it for evidence."

"Ziva, this is FBI jurisdiction."

She rolled her eyes. "I tell them and then 17 different supervisors have to weigh in about how it gets handled."

Abby frowned. "What are you planning?"

"I think something is going down tonight or tomorrow. You give me a quick turnaround on this, and I might know for sure."

"The guys will have a fit if you do anything crazy."

Ziva leaned forward. "Abby, I don't want to do anything crazy. I just want to know if Hussain is here and you can help me. The guys didn't even let us know that McGee was alive for three days. I just want to get something done here."

Abby nodded. "Alright. I'll call you in a few hours but stay safe."

Ziva put her hands up. "Of course! I'm a cautious girl, Achot."

….

Commander McGee, Gibbs, and DiNozzo sat on a bench in the cavernous and ornate entryway of the federal building. The lawyer, Nathan Shenandoah, had disappeared in the courtroom with McGee. Colonel Winter and his lawyers had followed them in shortly. All of them wished they could be in there as well, but witnesses couldn't observe the proceedings. Footsteps sounded and they looked up to see Ducky and Fornell coming toward them. Tobias threw up his arms. "I thought you would all have testified by now."

Gibbs shook his head. "No such luck. Winter confronted McGee in his apartment this morning. Right now, they're in there, dealing with that complaint."

Ducky frowned. "The nerve of that man. Tell me that Timothy didn't sit there and take it."

Tony grinned. "He tackled him into a bookcase. We were lucky to get there before he did any real damage to the Colonel."

"I would've given money to have seen that," Fornell smiled.

"Yeah, Boss made us keep our hands to ourselves."

The courtroom door opened and a small man emerged followed by McGee. Tony was on his feet. "What's up?"

"The tribunal needs some time with the Colonel. Backdoor dealing, especially with charges such as this, is frowned upon. The Colonel is being taken behind the woodshed for a whipping as we speak." Shenandoah said.

Tim nodded. "Nathan really let 'em have it in there. Winter's lawyers could barely get a word in."

"When the Colonel acts like an idiot, we're fine. The minute he starts listening to his lawyers, we may have a harder time." Shenandoah responded.

"Will we still testify today? I've got a lot of work back at the office," said Fornell.

"Settle in, gentlemen. The tribunal could go into the evening, and none of you are going anywhere."

"McGee!"

Heads went up to see Wilson and Dunham come through the door. Wilson looked sharp in a suit, but Dunham looked like a werewolf with straggly dark blonde hair behind his ears and his beard as wild as ever. Shenandoah looked at him and rolled his eyes. "This is a joke, right?"

Gibbs shook his head while Dunham gave Tim and Tony bear hugs. "Wilson, did you not explain to him that this was a military tribunal? He looks like he woke up under a park bench."

Wilson grimaced. "While I understand that I'm widely regarded as his handler, I do have my own life. I told him to get a haircut and a shave, but apparently that wasn't sufficient."

Dunham threw up his arms. "Come on, guys. The shaggy look is in. Surely, they can appreciate the uniform of a hardworking CIA man."

Shenandoah looked at Commander McGee and Gibbs. "I have to go prep. Fix this!"

The short man turned on his heels and left. Gibbs glared at Dunham. "There's a barber across the street. If I got to knock you unconscious to get you there, I'll do it. You understand me?"

Tony smiled. "What's it going to be, Chad? I'd love to see you mix it up with Boss."

Dunham turned to Fornell. "Get me the phone number of that agent Maggie of yours, and I'll go willingly."

Fornell narrowed his eyes. "I'd much prefer to see you knocked unconscious."

Come on, Fornell. She likes me; she just doesn't know it yet."

"So you want me to be the one who beats you with a stick? Is that what you're saying?" Fornell was on his feet.

Gibbs grinned at Fornell. The man could barely disguise his feelings for his young agent.

Commander McGee stood. "Clearly, none of you are above brawling in a Federal Court building. However, the tribunal would surely frown upon such behavior. So here's the deal. Dunham, I owe you for my son's life, but if you don't get your ass down to that barber in the next 10 minutes, I will call security and have them escort you and I assure you that the bars on my shoulder can make that happen."

"It really matters?" Chad said looking at the Commander.

"Absolutely. The tribunal will see it as a sign of disrespect."

"Besides," Tim added. "This is your chance to tell your story about Winter. You don't want any distractions from that, right?"

Dunham smiled at Tim. "Anything for you, McGee."

"You better go with him, Wilson, and make sure it gets done."

Wilson shook his head at Gibbs. "Two hours it took this morning to get him out of bed and into a suit and tie. I'm off the clock."

Gibbs turned. "DiNozzo!"

Tony jumped up, happy to do anything other than sitting and waiting. "Come on, Chad. I'm going to make sure you get a full DiNozzover."

Tony steered Dunham out the door as Gibbs yelled after them. "Get him back here in one hour!"

Fornell sat next to Gibbs, still frowning. "I don't pimp out my agents. When people ask about Ziva, you don't give out her number, do you?"

Gibbs struggled to suppress a grin. "Nope."

"Totally out of line!"

Looking at the ceiling, Gibbs nodded. "Of course, I don't take it personally like some people I know."

Fornell threw him a sharp look. "That's enough out of you, Jethro."

Tim leaned his head against the back of the bench and turned it to his dad and Ducky. "I missed all of this so much. No matter what happens in there, I know that I have extraordinary friends. If I get prison time, you'll visit me, won't you, Ducky?"

"They wouldn't dare imprison you, Timothy."

Commander McGee leaned over Ducky. "We won't even discuss the possibility, Tim."

"I just feel very lucky, Dad."

David McGee sighed. "So do we, Son. So do we."

…

"Ziva, the DNA is Hussain! Call Gibbs," Abby spouted the minute Ziva answered her phone.

"No! We're telling anybody yet. I have an idea."

"Ziva! Please don't do anything scary. I went crazy over losing Timmy. I can't do it again!"

"It's okay. I promise. It'll be okay, Abby."

"And if Gibbs calls to see what's going on, do you expect me to lie?"

Ziva took a deep breath. "No. Don't lie. It's too much to ask. Just…avoid his phone calls, okay?"

….

Ziva crouched behind the car of her new Muslim boyfriend. He'd mentioned he was going to see friends this evening, and worried when he couldn't find the shirt she'd swiped earlier. She had suggested to him that he'd mixed it up in the laundry he sent out, and it was enough to keep him mollified. Then she followed him when he left, trailing him to a suburban house. If Hussain was in there, she would have him by the end of the night. Resources like the FBI and her own NCIS would only slow this process. She had no idea if Hussain was in town for months or for only a few hours.

….

Tony came out of the courtroom after testifying for two hours. He sat down next to Gibbs and Ducky. "It was brutal. They didn't seem to care about what drove McGee to shoot Tilson. Just pounded me over and over about finding the gun in McGee's hand. I don't think I helped him one bit in there."

Ducky patted his shoulder. "Don't worry, my boy. We have no way to know what they are thinking."

Gibbs looked away. He also felt constrained when his own testimony kept getting directed back to his own disregard of Sec Nav's directives.

The group had become increasingly quiet as the day dragged on. It was now 9 p.m. and the tribunal was still conferring. McGee's newfound health had run thin and he'd fallen asleep on Gibbs' shoulder.

Finally Shenandoah came out of the courtroom. "They have a ruling."

They all scrambled off the benches and crowded into the courtroom. The tribunal consisted of three high ranking Navy officials. Winter and his lawyers sat off to the left. McGee and his supporters found seats to the right.

The chief military judge stood. "We have not completed all of our deliberations regarding Timothy McGee's motives for shooting and killing Marine Sergeant Everett Tilson. However, we have conferred regarding Colonel Winter's actions regarding Timothy McGee both before and after the death of Sergeant Tilson. This tribunal has concluded that Colonel Winter acted improperly both in his recruitment of Timothy McGee and his treatment of the aforementioned. His actions may have, in part, resulted in Sergeant Tilson's death. While his actions were deceitful and harmful, we do not believe they were criminal. It is our contention that Colonel Winter suffered from the stresses of his command, abusing resources such as McGee in an attempt to secure victories against the Taliban. We do not believe that Colonel Winter intended for Timothy McGee to be harmed in any way. Therefore, we drop all criminal charges against Colonel Winter. Disciplinary action will be taken in the form of a sanction in his personnel file."

The judge paused as sounds of both joy and outrage erupted around him. He hit the table with his gavel. "Tomorrow, testimony in the case against Timothy McGee will continue. We are adjourned."

McGee felt his heart drop into his gut. They were essentially saying that they believed that Winter had no responsibility for the nightmare he endured. It shocked him to his core. It was an outcome he'd never considered. Voices talked at him, but he couldn't distinguish them. He pushed at arms reaching out to him and fled the courtroom. At the door to the Federal Building, Tony caught him and held him from behind firmly. "Can't let you take off, Tim. Too worried about you."

McGee rested his forehead against the enormous oak door. "I need space, Tony."

Gibbs and Commander McGee got there. Tim saw his father and tears fell down his thin face. "Was Winter right, Dad? Was I just not tough enough?"

David McGee swallowed hard. "Winter is a mean and dangerous bully. I believe he tried to kill you. The judges were wrong. They probably had an agenda from the beginning."

Tim squeezed his eyes closed and Tony loosened his grip on him. Gibbs put a hand on Tim's shoulder. "Your dad's right, Tim. This wasn't about justice. This was about political posturing. What they said means nothing. We know what Winter did. Don't ever question whether you're tough enough. Your dad and I know tough, and what you endured over the last four months was excruciating, and you came out on top. You are among the toughest I've ever known."

Tim nodded. "I'd better get home and sleep. I have a feeling that I'm going to have to prepare myself for…it won't be so bad, I guess. I can write a book or two in prison, I suppose. I'll miss law enforcement...I'll miss NCIS."

Tony raged. "Not happening!"

"I'll resign my commission if they do that," David McGee said softly.

Frustration boiled to the top and Gibbs barked. "We're not giving into this! Do you hear me!"

"We are not giving in!" said Ducky.

"I got resources you can't imagine, McGee. We'll find something to help you." Fornell added.

"I got resources too," a newly shorn Dunham said darkly. "Winter isn't getting away with this. I promise you that."

Fornell glared at him. "Wilson, you better keep him on a leash. We work as a team on this. No freelancing."

Tim turned and faced them all. "Hey! Whatever happens, I'm going to be okay. I gotta' a lot of friends. I can survive just anything. I'm tough enough."

….

Ziva's legs cramped and she had to retreat to some nearby bushes in order to stretch and ready herself. It was very late, almost 4 a.m., and still the lights were on. Mossad training prepared for long surveillances. It would be dawn soon, and if they stayed in the house, she would have to change her position again, but Ziva wasn't worried. She could outlast a bastard terrorist any day of the week.

…..

TBC