Title: Burnt
Word Count: 4138
Summary: Sometimes, you don't recover. Sometime the fire burns. Dead Air Tag.
Characters: Tony Dinozzo, Leroy Jethro Gibbs, Kate Todd (in spirit), Ziva David, Timothy McGee, Mallard Ducky, Abigail Scutio and Leon Vance.
Spoilers: Season 1-4, 5x07 Requiem, 8x05 Dead Air, 8x06 Cracked, 8x14 A Man Walks Into A Bar.
A/N: This chapter just didn't want to co-operate with me at all, so I apologise profusely if it falls down in standard a little. Thanks to everyone who has followed or reviewed the story.
-x-
"David. McGee."
The two agents looked up. In the entrance to the bullpen stood Gibbs, a little ways behind were the Director and IA Agent Joel Roberts.
Vance announced coldly as he stepped up to join Gibbs, "Pending the outcome of the investigation by Internal Affairs, you are placed on un-paid administrative leave. Agent McGee, you are to report to interrogation room one. Agent David, room two. You are not to speak to anyone until the interview has been conducted. Do I make myself clear?"
Ziva stood up, her mouth slightly open and eyes flicking between the Director and Gibbs. She took a step towards the man she considered a father. "Gibbs-"
"Not a word, Agent David." Gibbs interrupted sharply, "You've done more then enough."
"Gibbs! I do not understand. What is this about? Why are we being investigated? We have done nothing to warrant this – this treatment."
Gibbs stepped forward, leaning in menacingly close to the former Mossad assassin. "And how is this treatment any different then what you did to Tony?"
"Tony? What does he have to do with any of this?" She waved a hand at the group.
"Everything." Then he jerked his head at Roberts, a silent order to follow the man. "Go. Now."
Ziva scowled at the enigmatic reply. Reluctantly, she stepped around him and joined the Director and Agent Roberts.
"McGee, you too."
Tim closed his eyes for a long moment and then told himself to man the hell up.
"Boss – I-" He cringed at the glare directed at him and quickly stepped out from behind his desk and scurried after the group.
When the other had only just passed him, Gibbs asked quietly, "You what, McGee?"
"I should have stopped it," Tim mumbled.
"Why didn't you?"
Tim opened his mouth, but found he had nothing to say that could explain his actions. Closing it, he joined the impatient Vance and headed for the interrogation rooms.
Whatever fate was given to him, McGee knew it was deserved.
-x-
Tony paced up and down the length of the office.
"Nervous, Agent Dinozzo?"
He glanced at Dr Cranston. She seemed all right as far as shrinks went, but she had that counselling tone that grated on his nerves. He never enjoyed having someone peer into his head like he was an animal at the zoo, or like Free Willy in that too tiny water tank.
"Should I be?"
"Why would you feel like you should be? You did your job and had the courage to report a problem when it arose. Not many people would do that."
Tony scowled and paced harder. He was about two inches away from bolting. Shrinks had this annoying habit of trying to poke at that part of him that he wanted to stay buried. God knows Gibbs was an expert at dragging it out of him.
"I've broken my team. How can they trust me after this?"
"Agent Dinozzo, I don't think it's your trust that being called into question." Dr Cranston gently patted a chair beside her. "So what is it that's really bothering you?'
He eyed the chair like it was the toilet seat from lethal weapon two - ready to explode on him if he sat down. Finally he huffed and plonked himself into it. "I don't like shrinks."
Rachel smiled. "Is that what's bothering you?"
Tony grumbled, and then said quietly, "I almost didn't, you know."
"Didn't what, Agent Dinozzo?"
"Tony, I prefer Tony." He was silent for a moment. "Didn't file the report. And now I can't stop think about a world where I didn't. What kind of person would I be? Sometimes we bend the lines but I don't like breaking them. If I had let myself do it now, what about in the future?"
"You can't live on the what if's, Tony."
The Italian knew this, better then most. "I know. That doesn't stop my brain from living them for me."
"Is that what makes you a good investigator? Living out the possibilities?"
Tony chuckled, flashing a grin. "Nah. It's my good looks and charming personality, of course. The ladies can't resist."
"Even Agent Todd?"
He started at the mention of Kate and then recovered. Why was she bringing up his dead partner? His gut niggled at him and he thought about when he first saw her. He looked at her, really looked at her. Dark brown hair, warm brown eyes. Just who was Rachel Cranston?
"No." Tony shook his head ruefully. "She was like Scarlet from Gone With The Wind. She didn't bend for any man, especially me. Well, except Gibbs, but I think even Scarlet would bend when faced with an ex-marine sniper with those icy blue eyes."
He didn't mention the part where like Scarlet, Kate had bended for the wrong man at the wrong time. And it had ended with Ari's gun shot version of 'frankly my dear, I don't give a damn'.
Rachel laughed softly. "She sounds like an impressive woman."
"She was." Tony blinked rapidly. Kate had been impressive in a different way then Ziva.
Ziva was all hard planes covered with only spots of softness. Kate had been unafraid to be both strong and soft in equal measure. There were times she got it wrong but she didn't run away from it. Ziva preferred to keep those mess-ups locked inside until she was close to breaking point.
"She would always get fed-up with my horsing around. Use to call me an X-rated Peter Pan."
Rachel leaned forwards in her chair. "Perhaps it was because she knew just how much of a brilliant Agent you could be, if you let yourself. It's too bad she didn't get the chance to tell you that."
And then it clicked.
"You know something Dr Cranston," Tony said with smile, "I think I know exactly who you are."
"Then I guess she was right, wasn't she?"
They sat in comfortable silence until the door opened ten minutes later to reveal Vance and Gibbs. "They're ready. David's interview is first."
Rachel nodded and stood, then glanced at her companion. "If you trust someone Agent Dinozzo, then don't worry about telling them something that will hurt them. Trust them to support you." Then her eyes flicked to Gibbs. "You've already made a pretty good start, if you ask me."
-x-
Ziva paced around the room. She wanted to demand what was going on but if this involved Internal Affairs, threats would not be a wise choice in this situation.
Tony. Gibbs had said this had everything to do with Tony. Was he being investigated? But then why was Gibbs so cold towards her? And then there was being put on un-paid leave. That in polite terms was IA's way of telling you 'we know what you did'. Or that was what she had been told by Tony the first time they had encountered IA during her tenure at NCIS.
Roberts entered and gestured for her to take a seat. Ziva stared coldly at him before gracefully slinking over and into the chair. Making sure to position herself in a way that was as appealing as it was threating, she waited for the monkey suit to begin talking.
"Agent David, I'm Agent Joel Roberts from Internal Affairs. I'm conducting an investigation into one of your recent cases, the murder of Commander Roberts. Do you recall it?"
Ziva blinked and then spoke curtly. "Yes."
"Did anything out of the ordinary happen during the case?"
"No. Commander Daniels and Adam Gator the wire show host was murdered, we were sent to investigate. A recording Gator left led us to believe there was a terrorist attack being planned by an organisation called Military at Home. I went undercover as a supplier of parts to Haskell. We eventually worked out the target and were able to prevent any deaths from occurring."
"You mean a radio show host?"
"Yes, that." She replied impatiently.
Joel hummed and flicked through a file in front of him. A quick glance informed her that it was a file report. McGee's handwriting if she wasn't mistaken. "You collected voice samples of the residents from Royal Woods?"
"No. That was Agent Dinozzo's duty." Where was the man going with this?
"And your job was?"
"Myself and McGee were providing backup."
Joel turned another page. "I see. Was there a problem in understanding the order?"
Ziva held back a snarl, pushing her chair back. She needed a little distance before she snapped this irritating fool's neck. "I was not aware my English was in question."
"It is when it pertains to the safety of this agency's employees and I was referring to what providing back up entails. Sit down please."
"What?" Ziva snapped, looking up at the window where she knew the man she wanted to see was standing behind. "Gibbs, this is ridiculous!"
"I said to sit down, Agent David." Roberts glanced pointedly to the chair, his expression an unimpressed frown.
She sat down and stared calculatingly at the man. What was he after?
"Thank you." Joel took a breath, time to step up the game. "So why did you feel Agent Dinozzo's death was acceptable?"
Ziva clenched her hands. This felt more like an interrogation then an interview. "I have never even suggested I believe Tony's death acceptable. Why are you asking me these time wasting questions? . Do you treat all outsiders to the U.S. this way, Agent Roberts?"
"Turning off the radio, your only source of communication your partner, wasn't a suggestion of a ill intent towards Agent Dinozzo?" Joel snorted. "Seems like a strong suggestion to me."
And then she realised exactly what this was about. But that had been weeks ago. Had McGee – no - he would have only told Gibbs. Ziva knew exactly who had done this. He was the Loyal St Bernard. He always told Gibbs first.
"Tony told you this?"
Joel forced his expression to stay bland. She was beginning to realise that she was in trouble and was now seeking out the cause, or rather who had caused this to happen. "He will be interviewed later on about this incident. The concern was brought forward by the technician who was doing a final evidence review as per protocol."
Her eyes narrowed as she caught the tone implied in the last word. "Tony is fine."
"Knowing your teammate doesn't value your life? Yes. I'm sure Agent Dinozzo is excellent," Joel retorted sharply.
"If he felt it needed to be addressed, he should have said something. Instead he was playing a bug on the wall" Ziva snapped.
"Fly. The term is fly on the wall."
"Yes, that. He did not have the courage to confront us." Ziva let a slow, mocking smile form across her face.
-x-
Rachel frowned as she watched the interrogation from behind the glass. Ms David was skilled at hiding her emotions but as the same time they leaked erratically through the conversation. At moments controlled then reacting to statements that should have been when she controlled herself the most.
"Director, I'm aware that she has been under a large amount of stress but has she actually spoke to anyone about this?"
Vance chewed on his toothpick. "We recently uncovered the ship Agent David supposedly went down on, The Damocles. The crew were killed in a gun battle. Only David and her partner survived. She then went on to continue the mission before she was captured. She was left rather exposed after the questioning."
"Did she receive anytime off?"
"Didn't take any, if that's what you mean."
Rachel tucked a strand of hair behind her ear as she worried at her lip. "It's early days for me to be saying so, but there does appear to be lingering signs of trauma or PTSD. No doubt commonly seen in the marines who have returned from overseas combat."
Gibbs who hadn't been saying anything up until this point, slipped out of the room as Ziva moved for the door.
-x-
Back in the room, Joel felt his own ire rising. "Protocol isn't something he should have to 'confront' you about at all, Agent David. You have been supporting this agency for over five years and recently attended FLETC. Frankly, this blatant break of procedure disgusts me."
Ziva slammed her hand on the table and brought her face close to his. "I do not recall asking for you're opinion."
"Re-take your seat Agent David."
"I shall not." She began to move to the door. "This interview is over."
The door banged open and Gibbs stepped into the room, crowding her back against the table.
"The interview is over when I say it's over, Ziva."
"Gibbs –"
"Did you turn off the Radio?"
"Tony-"
Gibbs growled.
Ziva hesitated as those eyes burned into hers. She could not recall the last time she had felt afraid of Gibbs. Something told her that if she didn't answer him, Gibbs would, without remorse, harm her.
"Yes."
-x-
Last night Tim had woken up at three o'clock, unable to sleep any longer.
Sitting down to write, his self-disgust burned a hole through his stomach with its acidity. Tony hadn't said a word about the conversation after they returned to headquarters. Then again, Tony hadn't exactly had a chance to before loosing his voice had he? Then he recalled what he'd typed only days ago;
Agent Tommy flushed as Tibbs swept out after his parting comment. McGregor and Lisa laughed as the Boss left.
"Wow, Tommy I didn't think-"
McGee had ripped the page out and shredded it by hand.
It had left Tim numb.
When he'd come in this morning to find Tony quietly working at his desk, Tim had known his mistake was going to be clawed out in the open.
Perhaps it was better for everyone that it was. McGee wasn't so sure he liked the person he had slowly been becoming over the past two years. The counselling hadn't been helping as much as he'd hoped.
He jumped when the door to the darkened room swung open. Agent Roberts closed it easily and moved to sit down. "Agent McGee, you are here today because-"
"I know why we're here," Tim interrupted quietly, shifting nervously in his seat.
Joel narrowed his eyes. "Then you confirm that the transmitter was switched off for approximately two hours before Agent Dinozzo returned to the car?"
"Yes."
"And that you were aware it was off for those two hours and not a mere malfunction?"
"Yes."
"And that in the event had something happened, Agent Dinozzo would have been without adequate backup?"
"…Yes."
Joel rapped his knuckles against the file. "Then why did you do it, Agent McGee? Had Agent Dinozzo provoked you? Harassed you in some form?"
"No more then usual." Tim shook his head.
"Agent Dinozzo harasses you regularly?"
Tim shot up from his slumped position in the chair. "No! I mean – just – you know, the usual team bantering."
"I see," Agent Roberts muttered. "Then can you tell me exactly why you turned off the radio?"
"I didn't!" Mcgee defended, "Ziva turned it off! But I didn't stop her and I should have but I was-" Tim silenced himself, clapping his mouth shut.
"You were what, Agent Mcgee?" Joel prodded calmly then with more force when he didn't answer. "You were what, Agent Mcgee?"
"…Scared." It was barely a whisper.
"Pardon, Agent Mcgee?"
"I was scared, alright?!"
Now that was interesting, Joel thought. Why would a highly trained agent serving under Leroy Jethro Gibbs be scared?
"Of what?"
"Ziva, okay? Ziva." McGee rocked back and forth, hands tapping nervously on the table. "She – ever since she came back, she's been on edge. She'll play with her knives across the bullpen and sometimes she's been – physical."
"How so?"
"Face slaps, hand nerve grips. Mossad stuff. Tony – he doesn't react to that sort of thing like most people, so she usually uses verbal stuff with him."
Joel frowned. "She's physically assaulted you, Agent Mcgee?"
"No – I mean –"
He clarified, "Has anything she's done to you caused you physical pain, Agent Mcgee?"
"Yes but –"
"Did Agent David threaten to do this during the investigation into Commander Daniels death of you did not agree to turn off the radio?"
McGee swallowed, then nodded.
"I need verbal confirmation, Agent McGee."
"Y-Yes."
Roberts sat back and absorbed this information. David had been erratic during her interview, her fingers twitching and three times he had to ask her to remain seated before Gibbs had intervened.
His eyes narrowed. Beyond the five mandatory sessions, she had not sort out help to deal with neither the events of her torture in Somalia or the death of Officer Rivken as Dr Cranston had informed him. Dr Cranston had also expressed concern that she still seemed to be suffering an acute form of PTSD, which was contributing to her behaviour.
Ziva David should never have been allowed to re-join NCIS, at least not nearly so quickly. She had quickly become dependant upon Gibbs' approval and being the golden girl after feeling abandoned by everyone around her.
Joel sighed and then stood.
"Thank you for being co-operative, Agent McGee. Pending the decision made by Agent Dinozzo about whether he wishes to press charges, you will in the least be put on suspension for a minimum of three months and required to re-take FLETC training courses as well as a two year probationary period with reduced pay. This is not a game, Agent McGee. You could have cost somebody their life."
The IA Agent then swept from the room.
McGee sat there a long time in silence until an agent came to take his badge and gun, before escorting him out of the building. He caught sight of Ziva's car racing from the parking lot and winced.
From three floors above, Gibbs watched them go.
-x-
Tony gasped as two hundred pounds of Abby slammed into him, arms trapping him in her warmth. "Abby-"
"Are you okay? Stupid question! I should have checked the tapes-" She began peppering him with kisses. "You don't blame me, do you Tony? I don't know what I would do if you did. What was Timmy thinking? And Ziva… Didn't she learn anything from the mess with Rivkin!"
Tony buckled under her weight and staggered to lean against the doorway to her lab. "Abby, I'm fine. You're fine. We're fine. Would you please calm down?"
She pulled back to look into his eyes. "No, you aren't."
Tony smiled wryly. "Maybe not but I have you. Can't get a better fixer upper then my very own Goth girl, can I?"
"Movie night?"
The Italian laughed. "If you can convince Gibbs. I don't think he's planning on letting me out of the building without him present."
Abby hopped off him and punched his arm. "That's because you have a history of cutting and running from things that scare you."
"Do not," Tony protested.
"Do so! You were only home two weeks from hospital before you bullied Gibbs into taking you to work after the Plague." She pulled out the teary eyes; he always crumpled for her teary eyes.
"I-I… ach." Tony fended her off when she tried to give him a close up of her puppy face. "Yeesh, I get the picture Abbs. You can stop anytime."
They stared at each other for a few moments.
"What happens now?"
Tony looked away. "Ziva's chances don't look so good at the moment. Joel and Dr Cranston don't think she's mentally fit enough to return to work. Gibbs and Vance are duking it out at the moment to see what can be done."
Abby nodded. And then asked quietly, "Timmy?"
"Ziva turned off the radio but… Tim didn't exactly put up a fight about it. He knows it was wrong but…" Tony sighed and ran a hand through his hair. "Suspension for three months, re-training at FLETC and reduced pay on probationary status seems likely. Gibbs isn't happy."
"And he shouldn't be," Abby huffed. "Nether should you!"
"Do I look happy, Abby?" Tony snapped.
Abby studied Tony. His voice was still scratchy and the bags under his eyes were horrible. Maybe she could convince him to take a nap in her lab? It would do him a world of good. But there was something more.
"You know, Gibbs almost didn't agree to Somalia."
Tony stilled. "What?"
Abby smiled sadly, rubbing her Italian stallion's arms. "He didn't want you to go. Was worried about what it might do to you if you went."
Tony's eyes narrowed. "He thought she was alive."
"Suspected. I think Gibbs didn't want to have reinforce his decision again."
"Decision? What decision?"
A voice spoke up from the doorway. "The decision between Ziva and you."
The younger man whipped around. Gibbs was leaning against the doorframe.
"What?"
"She forced me to choose. Either I transferred you off the team or she stayed in Israel." Gibbs shrugged, not looking at all repentant. Hell, he didn't feel much repentance. "Wasn't much of a choice."
His SFA continued to look bewildered, his eyes wide and swaying on the spot. Shaking his head, Gibbs allowed himself an amused smile and stepped close.
"I'd do it again, you know."
"You shouldn't have."
"Really?" Gibbs coaxed, "This hasn't proven I made the right choice even more?"
"La Grenouille –"
"Was my fault," Gibbs shook his head. "If I hadn't gotten blown up, you would never of taken that damn assignment. You'd practically sworn off solo undercover work ever since Jeffrey White and being stuck down in those damn sewers."
Tony trembled. He'd been waiting years for Gibbs to say something, to apologise for his return to Mexico. He'd managed to let it go after the Renny Grant case and had been repeatedly reminded the following year when his Father dropped in and his need to help Dana Hutton that he mattered to Gibbs.
Now, he just wanted Gibbs not to say the two words Tony hated to hear fall from those lips.
"Boss-"
"And I didn't have my head screwed on right when Maddie Tyler came to me for help, or on the Chimera. Pretty sure Kate and Dr Cranston would agree with me there." Tony didn't get to make excuses for him. Not this time.
"Gibbs," Abby whispered, hand raised to cover her mouth as her eyes anxiously moved between from him to Tony.
"Don't you dare, Gibbs." Tony hissed, "Don't you dar-"
"I'm sorry."
Tony cringed, shaking his head violently as if trying to remove it from his memory. The boss didn't owe him that show of weakness. "I told you not to!"
"You needed me to," Gibbs replied harshly, reaching forwards and grasping the other's shoulders.
"No, I didn't!"
Gibbs head-smacked him. When the other's mouth opened to protest, Gibbs smacked him again to shut the other up. "We good, Tony?"
The younger man stared into those clear blue eyes and blinked. "Yeah." Tony said hoarsely, "Yeah, we're good."
The comfortable silence didn't last long.
"Does this mean we can have a movie night?"
The two turned to look at Abby, who looked back innocently.
Gibbs chuckled, "Yeah Abbs. You can have your movie night."