Dumbledore sat stunned in his office as Rufus Scrimgeour and Remus Lupin reported what happened on the train. He had a dozen students and parents/guardians lined up behind. Their reactions to the news varied. Auror Bulstrode looked proud, Augusta Longbottom looked defiant, Narcissa Black looked like she was at a mildly enjoyable tea party, and a female goblin lawyer known as Queef was grinning a tooth hidden grin that threatened to bare fang at any moment. Severus Snape, the Slytherin House Master, loomed like a great bat in the back, but thankfully the more troublesome Pomona Sprout of Hufflepuff had been distracted by something the Hufflepuff Prefect Cedric Diggory had to show her.
Harry Potter had used the Cruciatus curse! An Unforgiveable! Dumbledore had always planned on guiding Harry into Gryffindor where he could be properly prepared to be the hero the world needed to end Voldemort. Harry had been given to the Dursleys to make sure he grew up safe but isolated, he would have no other influences, and no skills at making connections on his own when he got to Hogwarts.
No fame to tempt him, no connections to allow others tempted by the fame of the Boy Who Lived to lure him to unimportant allegiances, Harry Potter would be in Gryffindor, finding his place in the House of Heroes, where Dumbledore would see him trained carefully in only those magics that belonged to the light. Voldemort would fall to love and a pure heart, not to any magical strength a child could possess. Dumbledore had the prophesy, and as Champion of Light, none the hard necessary things to make sure Harry grew up a wounded isolated boy who would look to Dumbledore as his sole guiding light.
Then Griphook adopted him. A bloodthirsty goblin. Dumbledore was not a racist or human supremacist by any stretch of the imagination; but goblins were subhumans. They were gold hungry, violence prone, and only kept in their place by repeated large scale suppression efforts by wizarding Britain. Clearly they had tainted Harry with their morality which essentially boiled down to kill, loot, and wield penalty clauses and loopholes in every contract as if bargains were acts of war.
Harry Potter sorted into Hufflepuff, the one house that Dumbledore struggled with the most. Slytherins could be subverted through their ambitions, Ravenclaws distracted with forbidden knowledge, and Gryffindors only had to hear the sound of a trumpet to be charging before they could realize thinking was an option. Hufflepuff's got distracted. You could try tempting them with their ambitions, but they frequently wandered off from their carefully chosen path because one of their friends was having trouble. You could not tempt them with forbidden knowledge, because if it was at all useful, they would immediately attempt to publish it, rather than act on it for their own gain. You could wave a banner and blow a trumpet to call them to battle, but the Hufflepuffs were equally likely to march off to war, or hug it out with the enemy and have a signed treaty of friendship and trade deal already inked before you could stop them. Worse, Dumbledore's status as Champion of Light made Slytherins obey him out of fear, Ravenclaws obey him out of acceptance of the lore arguing he was best qualified to judge, Gryffindors accepted his words out of faith, but Hufflepuff's would dare to question his orders, distracted from the greater good by some foolish questions of harm or cost to little people who should be happy their sacrifice was moderately useful to a struggle of actual importance.
Hufflepuffs were not Gryffindor's without backbone, they were Slytherins with friends. Hufflepuffs were not Ravenclaws to understand the deeper meaning behind using forbidden magics and tools, they were not Gryffindors to reject dark means as necessary or permitted for any ends. They were too like the Slytherins in their willingness to use any tool that worked, more concerned with singing a happy song and working hard than the fact their tool was made of nightmare.
Harry Potter was the last hope of the Light, and he had wielded the torture curse not only once, but dozens, perhaps hundreds of times. He had wielded it more naturally than any but the top handful of Death Eaters even at the height of the war, and worse, he had led others into doing the same.
The time had come to cut away the connections corrupting the boy. For the Greater Good, Harry Potter must become the Child of Prophesy, for his sacrifice was required to save the world. Torturing to save the lives of children was a moral shortcut that could not be allowed. Some may well have been killed, Dumbledore was honest enough to note probably many, but the Dementors would have lingered over their kills to make them as pleasurable as possible, so no more than a hundred could possibly have died before the Aurors arrived. That is a far lesser cost, in the grand scheme of things, than the corruption of the Boy Who Lived!
Scrimgeour had finished his report and sat back smiling at his former Headmaster. Remus Lupin looked troubled, casting his eyes back and forth between Dumbledore whom he owed his position, or indeed any position as a Werewolf in wizarding society, and Harry Potter who looked and smiled just like James, his oldest and dearest friend, but who had wielded the Unforgiveable killing curse as if it was a bludger bat in a pickup Quidditch game.
Dumbledore shook his head sadly. "I know how easy it is to be led astray when dearly loved and respected friends offer you an easy solution to a problem that seems unsolvable. Many fell into that trap years ago when Voldemort offered a quick and easy solution, and soon found themselves marked by corruption, and before long, had become nothing less than monsters."
Dumbledore said this while windlessly and without any chanting caused the darkness to gather about Harry Potter until only the gleam of the goblin silver marking his curse scar was visible. The rune of power, Soweilo, shone as Dumbledore's eyes twinkled in soft Legimancy, as he let his assurance that the goblin runes, like Voldemort's Dark Mark were a sign of corruption and evil, as they were not part of the magics he accepted to be taught here at Hogwarts.
When he did so, seemingly only Draco and Luna seemed to flinch. The other four students just stared back at the Headmaster as if bored. Narcissa Black and Augusta Longbottom were suspected Occulemens, a study he had forbidden here since he took over as Headmaster. Frankly he had taught Occulemency and Legimency under the former Headmaster Dippet, but his last and greatest student had been Tom Riddle, who became Voldemort. For the Greater Good, he determined that knowledge to terrible for others to possess.
The Rock Viper known as Noodle looked up from where Hermione had been stroking it and hissed at the Headmaster, shaking its head in disappointment. It's eyes flashed like Dumbledore's own.
Well, that was disturbing. Had the snake mastered mind magic? Tom Riddle, Lord Voldemort, had been a Parselmouth. Did his speaking to snakes have something to do with his skill as a mind mage? Was the snake also a corrupting influence? Wizarding law forbid removing a familiar, and if he thought about trying it without cause, his own oaths as Headmaster of Hogwarts would punish him.
He would have to start by cutting away the problem children, and then see if some unfortunate accident could account for the snake. Without being allowed to ask for it to happen it was difficult, but with enough Gryffindors lying about, one could almost always find someone ready to leap to any conclusion you nudged them towards, and act with courage to do what was right. It would be sad to have to expel the child who did it, but that too would be a sacrifice to the Greater Good, and if the child had known, they might well have accepted the cost to strike anyway.
"Mr Malfoy." Dumbledore began, then stopped and put on his best grandfatherly smile. "Young Draco, I understand that you are the one who suggested the use of the Cruciatus curse. I can understand, given your recent mental injury that your judgement may well have been impaired, but actions have consequences."
Draco opened his mouth to object, but his mother's hand squeezed his shoulder hard. Rufus Scrimgeour began laughing softly, he crossed his legs and turned to see the charge of the badgers begin.
"Draco Malfoy's suggestion showed both moral courage and strategic wisdom. His actions were in the highest traditions of his House and of this school. Furthermore his actions were legal." Hermione Granger said, her eyes blazing with the holy fire of a Hufflepuff defending a friend, and a Ravenclaw catching a teacher stating an incorrect fact.
Dumbledore smiled at her, and Hermione suddenly felt the great weight of the difference in their status. Dumbledore, Order of Merlin First Class, Supreme Mugwump of the ICW, Head Warlock of the Wizagamot, Champion of Light, Headmaster of Hogwarts, and born of pure and ancient wizarding blood. Then there was her, Hermione Jean Granger, muggleborn student.
"My dear Miss Granger. While Draco's errors might warrant some mitigation in sentence due to his past mental and spiritual injuries, your own ignorance of wizarding culture, morality, and law is not a defense. Your ignorance as a muggleborn is your duty to correct, as it was my duty to educate you past. Sadly, we both failed, and now you have encouraged Harry Potter down an dark and corrupting path." Dumbledore said sadly.
He held up a stack of parchments. "These are expulsion papers. I am sure you will understand I have no choice. I regret the necessity, but you will leave here remanded to Auror custody, as will Mr Malfoy. I will do my best to make sure that Harry at least can be spared, as the Boy Who Lived could only have taken part in such an illegal activity if led badly astray by his companions."
What Dumbledore had intended to say about Neville and Milicent will never be known, because Hermione didn't bother holding up her paper, she slammed it down on Dumbledore's desk.
Hermione looked like an angry squirrel, cute but savage, as if the nuts she had come to collect didn't hang on a tree. Rufus Scrimgeour was clapping openly, enjoying the show without any pretense of neutrality.
"These are the relevant legislation and ministerial guidance on the use of the Cruciatus Curse against class XXXXX spiritual threats is unrestricted. Unrestricted as in does not require your agreement, the DMLE's agreement, or Merlin to rise from the grave and sign my permission slip. If Hogwart's bothered to teach Wizarding Law, then you wouldn't dare to attempt expulsion for a completely legal use of force!"
Hermione was looming over the Headmater in a display that Rufus Scrimgeor was using his Occulemency to record permanently for his enjoyment. She lectured him like Amelia Bones lecturing Aurors who brought in someone with a clearly wrongful arrest.
Dumbledore attempted to rally, but it was attempting to put out a fire by dropping parchment on it.
"Miss Granger, while the law you cite may hold elsewhere, this is Hogwarts. Inside these walls, I determine what is permitted. The Hogwarts Express is under my protection, and I hold to the Light's position on the Unforgiveables." Dumbledore said, smiling sadly and shaking his head.
"That is why the decision will not be in your hands." The goblin solicitor said with a smile that belonged on a shark.
"This is an order of recusal." The goblin said, sliding a paper onto the Headmaster's desk.
"I am Queef, of Goldfarb Goldfarb and Queef. When something stinks, look for Queef! Your prejudice against these children stinks of politics.
You will note in the cited Charter of Hogwarts that there is an absolute duty of care for the children of wizarding Britain one they have passed platform 9-3/4 and entered Hogwarts care. An absolute duty you have failed utterly. Were it not for the actions of these five students, eight hundred and forty children would have died,"
Queef smiled broadly "died screaming."
Queef slid a second paper on the table. "This is a class action lawsuit on behalf of my five clients, for being forced to defend themselves while under your care, from Dementors. Honestly, I have reviewed your DADA curriculum, and nothing in the required curriculum prepares your students to defend against Dementors, only those who follow DADA to the NEWT level would even learn the techniques, even then it is not required.
As the main protector of the students who were exposed to Dementor attack while under your titular care, you must recuse yourself from any disciplinary actions against them, until such time as the lawsuit is settled."
Queef closed her eyes and clasped her hands as if in prayer. "We are going to open the lawsuit to all children on the train who were also owed and failed to receive protection from you and your instructors. We anticipate a record-breaking judgement."
Queef opened her eyes and smiled at the headmaster. Dumbledore did not smile back.
"I am Headmaster of Hogwarts. I decide discipline for my students. I will have your wand Miss Granger, and yours Mr Malfoy. You will be leaving this school today."
Rufus Scrimgeour made a tut tut noise. Then leaned forward.
"Albus, don't make more of a fool of yourself than you already have. Especially in light of what is probably going on in the Great Hall right now." Rufus smiled as he admonished the Headmaster.
Dumbledore looked at Rufus warily. "What is going on in the Great Hall, Rufus?"
Severus Snape sneered from where he had been leaning and replied dryly.
"I should think that he is referring he is referring to young Cedric bringing the cup home to Hufflepuff. With three of her badgers in front of your desk, haven't you wondered where Pomona Sprout is?" Snape said quietly.
"Cup?" Asked Dumbledore quietly as his office door irised open.
"Ah yes the cup. Hufflepuff's Cup found and returned to Hogwarts by the same students who saved all the children of the Hogwart's Express!" Minister of Magic Cornelius Fudge was almost shouting his excitement as he came in the door.
He began shaking hand and kissing them, as genders dictated with the ease of a consummate politician and the excitement of a schoolboy who just got all O's on his OWLS.
"Well done Miss Bulstrode, Mr Longbottom, Mr Malfoy, Miss Granger, and what else can we expect from you Mr Potter! The Boy Who Lived saved the train from Dementors and returns the Cup of Helga Hufflepuff to Hogwarts and her own house! We will have to invite the alumni, the parents, the press to celebrate you!" Minister Fudge crowed happily.
"I think not Minister. I have drawn up expulsion papers for Mr Malfoy and Miss Granger as instigators. I will be recommending harsh parole at the minimum for the rest who were led into error, but I cannot have students here at Hogwarts who make use of the Unforgiveables." Albus Dumbledore said firmly.
"I rather think you can." Said Rufus Scrimgeour cheerfully.
"I rather think you will." Said Queef savagely.
Minister Cornelius Fudge watching the greatest public relations coup since the fall of You Know Who trying to crash and sink on the iceberg of Dumbledore's ego decided a course change was required.
"Well of course we can't have them in the school now. I will set them up at the Leaky Cauldron for at least a week, we will need that time. The children from the train will need to process that unfortunate incident, and all the Hufflepuff alumni and no small number of other important former students will want to come to see Hufflepuff's Cup returned. Not to mention the press, the ICW, even the Unspeakables of the DOM will be over the moon to be able to examine the greatest work of one of the Hogwarts four founders!
It will also take that long for the Wizagamot to determine what level of award the children will receive. Order of Merlin, obviously, it is simply a matter of the class." Minister Fudge said very firmly looking at Dumbledore with his "get on board or else" expression. Light and Dark were all well and good, but this was politics!
Followed by their goblin solicitor, the children and their guardians flowed from the room as silencing wards did their best to conceal the yelling inside Dumbledore's office. A smiling Narcissa Black touched Hermione Granger lightly on the shoulder.
"Miss Granger, my Draco tells me that you are the one who ensured that he had a copy of the relevant legislation in his hand when he met the Aurors. May I say that your degree of knowledge, and wisdom of our wizarding law reflects well on you as a witch, and doubly so for a muggle born. I am pleased my Draco is making good decisions in his friends this year."
Narcissa Black said softly, causing Draco to turn to her in shock as if she had just grown a second head, but Milicent Bulstrode shared a look and nod with Lady Black. Protection of her heir mattered far more than Hermione's blood status. Her Draco was the important bit. The Dark Lord and Dumbledore could hang right along side dear ex husband Lucius for all she cared.