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Chapter Twenty-Three
Hammer to Fall
Gibbs strode into the FBI office late in the afternoon with a purposeful stride and an expression of consternation. He had no idea what was going on – not something he usually allowed to happen – but he'd received urgent calls from Fornell, McGee, and Abby all saying the same thing:
Get back here, now.
Fornell sent an agent to the hospital on a protection detail, and Abby said she was coming, too – just to keep DiNozzo company. Gibbs knew that for Fornell to arrange it personally, something big was happening.
Tina Kehoe was in the open area, still wearing a coat, her face rosy from the cold when Gibbs walked in. He wondered if she'd been called back as well. At least he could get one thing off his pending agenda.
"Kehoe, talk to DiNozzo," he said, stopping beside her.
She furrowed her brow. "About?"
"He's not taking his meds," Gibbs said.
Tina looked even more confused. "What? Why?"
"He's worried he said something inappropriate to you," Gibbs said.
Normally, it wasn't something he'd voluntarily get involved in, but if DiNozzo was going to balk at the meds, it had to be rectified. He'd just seen the results of what happened if he resisted, and although Gibbs would never admit it, he didn't like seeing his SFA in pain.
"He didn't," she said quickly, but a shadow behind her eyes let Gibbs know she was aware of whatever DiNozzo was talking about.
"Then tell him to take the damn meds," Gibbs said brusquely, beginning to move away.
That was as involved as he intended to get into whatever happened between them. It wasn't the first time someone took offense at something DiNozzo said, and he was sure it wouldn't be the last.
"I'll do that," Tina said, falling into step beside him. "Any idea what's going on with Fornell?"
He'd been right in assuming she'd been called back, too.
"No," he replied, irritated all over again about being kept in the dark.
He'd been told to go to the conference room, so he and Kehoe made their way there. Upon arrival, they found Fornell, Sacks, and McGee all ensconced inside. Fornell and Sacks looked grim while McGee appeared constipated. Gibbs instantly knew he wasn't going to like whatever they had to tell him.
"What've you got?" he demanded while entering.
"Boss! I wanted to talk to you first, but… it all happened so fast," McGee said anxiously, looking like a deer in the headlights.
"Tell me what?" Gibbs asked.
"Sit down, Jethro," Fornell said, taking a seat next to Sacks.
McGee and Tina both complied, but Gibbs remained on his feet, glaring.
"I want an explanation."
Fornell sighed wearily. He looked toward Sacks. "Tell him what you told me."
Sacks nodded, looking directly into Gibbs eyes. "I had the idea to re-listen to the recording from the poker game."
Sacks paused, apparently thinking Gibbs was going to ask why. Gibbs knew there had to be more, so he remained silent, still glaring expectantly.
"I thought we might find a clue if the recorder picked up anything when they discovered the sailor was missing. My hope was that they might have mentioned where they planned on taking him," Sacks said.
"Well… yeah, probably the same building where they'd held DiNozzo," Gibbs said irritably, impatient for him to get to the point.
Sacks clenched his lips together, apparently not appreciating Gibbs' acerbic tone. DiNozzo always said Sacks was prickly.
"Not necessarily. That didn't rule out that there could be more," he said hotly.
"Agent Sacks, stand down and finish your summarization," Fornell said, far too used to dealing with Gibbs' outbursts.
"Rather than listening to hours of silence overnight, I asked Agent McGee to assist me in skipping the pauses until there was more activity," Sacks said tightly.
Tim took a deep breath and jumped in, "Most transcription tools have a built-in waveform that can be used to jump around an audio file–"
"McGee! Forget the how and tell me what you found," Gibbs snapped.
Tim cringed but began speaking rapidly. "We found the point where Matt Evans discovered the missing sailor and organized a search, but that part didn't give us anything useful."
"So, why am I here?" Gibbs shouted.
"The bug picked up the identity of the snitch," Sacks said bluntly, still smarting.
That caught Gibbs attention. His head shot up as he caught Fornell's eye. His frenemy looked grim, yet also somehow sympathetic. That, in combination with McGee's panicked expression, told him it wasn't as good as it sounded.
"Ahh, just spit it out," he said.
"It was Ziva, Boss," McGee said softly, looking stricken.
Gibbs blood ran cold. Surely he'd misheard. He'd finally admitted there was an insubordination problem on his team, but to willingly throw Tony to the wolves. No, that couldn't be possible.
"What?" he asked, reeling.
Tim held a small tape recorder in his hands, and he pressed the playback button. Ziva's voice, and her accent, were easily distinguishable.
"Ooh, it smells like a pig. Perhaps that bartender is not as attractive as he appears.
"It could justifiably be one of her mangled English expressions. She always teases Tony that he stinks," Tim said quickly, eyes wide and hopeful.
"DiNozzo wasn't there, but the guy who gave her the bag clearly thought she meant a cop. You can hear it in the way his voice changed," Sacks said.
"And DiNoteso did say they indicated the informant was a she," Fornell added, using the Italian pronunciation of Tony's name.
"You better not have asked her about this yet," he said, growling at Fornell, who held his hands up in surrender.
"I didn't," Fornell replied, jerking his head at Tim. "McGee here insisted I not even listen to it until you got here, but I overrode that. She has to be questioned, Jethro, and I did agree to wait until you were briefed."
Gibbs thoughts were racing. Was McGee right? Could it have been a language hiccup, or was it something far worse? Did this just happen to turn up right as DiNozzo shared his suspicions about his partner?
Gibbs didn't believe in coincidences.
DiNozzo's issue was that Ziva wasn't qualified to be on an investigative team. He'd also admitted that he didn't trust her. Gibbs was aware that she'd been attempting to cause a rift between DiNozzo and the rest of the team. What did Tony say? Isolation and Manipulation were Mossad 101. He also knew Mossad didn't hesitate to eliminate any of their obstacles… but would Ziva go so far as to set up her partner to possibly be killed? Gibbs was having trouble getting his head around it… but he couldn't completely rule it out.
"I know how you feel about your team, but it's gone too far. This has entered FBI jurisdiction. She has to be questioned," Fornell said.
"I agree, but there are mitigating factors. She's always struggled with American expressions," Gibbs said.
"Your bias is showing. You're too close to this to be objective. I'm taking lead when we question her," Fornell said firmly.
"If there's a problem on my team, I'll handle it," Gibbs said, feeling the situation slipping out of control, so his response was heated.
"I'm still taking lead. Threats to Federal agents fall under FBI jurisdiction, and selling out your partner – particularly when you're supposed to be his back up – certainly falls under that category. If it's a misunderstanding, then of course you can deal within NCIS on how to handle it. There definitely needs to be some re-training if its simply an English mistake. DiNoteso could've been killed," Fornell said.
Kehoe, who'd held her tongue during the entire exchange, spoke up.
"As you'll recall, I expressed my concern that Officer David intentionally held back the information that Pete Warren was in the club the night Agent DiNozzo was abducted," Tina said.
"She has an attitude problem, and I take responsibility for that. Doesn't mean she'd set up her partner," Gibbs said, the uneasy apprehension still growing in his gut.
"And that's what we're going to find out," Fornell said.
"Where's Ziva?" Gibbs asked.
"We got another ping from a location we've been tracking on Lola's phone. I sent her with one of Tina's men to check it out. I thought it would be better if she weren't here while we discussed this," Fornell said.
"Ya think?" Gibbs asked.
"I'll go check on their status," Kehoe said, getting up and leaving the room.
Fornell pursed his lips, his eyes ping-ponging between Gibbs and McGee. "Sacks, why don't you come with me and set up an interrogation room for when Officer David returns," he said.
"Interrogation? Can't we just sit her down and ask her?" Gibbs asked. "She needs an ass-kicking either way."
"No. I want it officially on record. We do this by the book," Fornell replied, and it was clear he wasn't going to back down.
After he'd left, Gibbs paced the length of the room, trying to burn off some of his pent up-energy. He kicked one of the sliding chairs, causing it to roll a short distance before tipping over.
This was a mess. Ziva was arrogant and over confident. In fact, he'd been very angry with her already, particularly after slacking off her duties in the bar, but this… this was a whole other level. And now the FBI was involved – could it get any worse? Ziva was keeping a lot of secrets – the fact her father was the Director of Mossad, that Ari was her brother, that she'd actually taken the kill shot. Gibbs was the only other person that knew about that last one, but he figured Jenny probably was aware of her connections to the two men.
If Fornell decided she was a threat to other agents, none of it would stay quiet. Things like this never did. Never mind what it would do to Tony. DiNozzo was still grappling with the fact his partners didn't have his back. Gibbs wasn't sure what knowing that Ziva orchestrated the whole thing would do to him.
If she'd intentionally orchestrated it.
Her garbled English expressions were common knowledge. He'd rather talk to her alone first, but he could see there was no way that was going to happen. Fornell had carefully ensured they were all separated, so there was no chance of a clandestine meeting.
He'd have done the same thing, but getting out-maneuvered still smarted.
"McGee! Under no circumstances do you mention any of this to DiNozzo until I talk to him. Clear?" he barked.
Tim nodded fervently. "Okay, Boss. I really tried to stop Sacks from telling Fornell before I'd talked to you, but he wouldn't listen. No matter what I said, he wouldn't listen."
"I'd expect you to do the same were the situation reversed," he said honestly.
"Ziva does mess up her idioms a lot," Tim said hesitantly, refusing to make eye contact.
Gibbs narrowed his eyes. "Spit out whatever's on your mind."
Tim worried his lip, and Gibbs knew it meant he was choosing his words carefully. Gibbs didn't want him to have time to think, he wanted the truth, and the best way to get that was to force him to just spit it out.
"Now!" he barked.
Tim jumped. "It's just that… just that…the night at the tavern, when we took our eyes off Tony," he said, stopping to glance at Gibbs expression. He swallowed again and continued, "well, when I went to dance, I told Ziva to stay away from the amplifiers. I admit that I wasn't watching her, I was trying to watch Tony, but… when I asked her why she'd moved… she said it was to get away from the dance floor so the amplifier wouldn't interfere. Boss, she was standing right next to one. She had to have heard how loud it was."
Tim looked as if he'd just shot a friend, and Gibbs felt like he'd been sucker-punched, but he needed all of it. He didn't want any surprises when he was in Interrogation with Fornell.
"What else?" he demanded, poker-faced and keeping his inner turmoil hidden.
Tim twisted his lips, and it looked as if he was trying to stop the words from pouring out. "It's just that… I noticed the other day when we were having a conversation about the case with Agent Sacks, she didn't mess up her English once. It actually stood out to me. If Fornell decides she's guilty and wants to press any charges, I know I'll be asked to testify and… well, honestly Boss, I don't think I'll do her defense any favors."
"How so?" Gibbs asked.
"You know how she and Tony always go at it, insults and bickering…but she really wanted to be the one to go undercover, so her jabs have been – they've been really harsh. I don't think she means everything she's said, though. She's just burning off steam," Tim said plaintively.
"What's she said?" Gibbs asked, the lead ball in his stomach getting heavier.
"Uhm, it just occurred to me that she didn't really seem all that concerned when Tony was in the hospital. Even this morning she thought he was exaggerating his injuries. I've had the feeling a few times over the past several days that it almost sounds like she doesn't even like him very much," Tim said.
Gibbs shut his eyes, his head pounding.
"But, Boss! Despite all that, I don't think she'd purposefully try to get him killed. Who would do that? I think she messed up her words, but I'm afraid some of the other things she's said are going to hurt her," Tim said miserably.
"Who else has heard her?" Gibbs asked.
Tim shrugged. "Abby mentioned a few things. Sacks commented on it when we were reviewing the tapes, and I've even seen Tina watching Ziva with a contemplative expression."
Gibbs set his lips in a thin, determined line. He was going to listen to what Ziva had to say, keeping in mind McGee's words, and everything DiNozzo said, as well. He was also going to talk to Abby. No matter what happened from here on out, he knew there was no way he was going to be able to protect all his people. If he found out Ziva purposefully did this – she was going to need protection from him.
/* /* /* /*
Gibbs and McGee walked shoulder to shoulder to the Interrogation Room where they joined Fornell and Kehoe at the Observation window. Kehoe informed them that she'd sent Sacks to meet Ziva and the other agent at the door. Sacks would tell them that each of their superiors wanted a sitrep. Tina thought Ziva would cooperate and be less suspicious when she realized Gibbs was here.
"She'll have noticed my car," Gibbs said.
He'd been using the NCIS sedan to go back and forth from the hospital, while the others made use of FBI vehicles and Abby's hearse. Abby refused to return to DC and instead was using her own vacation time to stay. Gibbs knew Human Resources was usually after her to use the days, so he was sure she had plenty to spare. They'd shifted rooms at the hotel, so she was sharing with Ziva, while McGee moved in with Gibbs. Tony wasn't going to be released from the hospital until his oxygen levels stabilized. He'd already started complaining about it, but with Gibbs keeping watch, he couldn't sign himself out AMA.
"If she noticed your car, she'll be eager to get here. She's been frustrated that you've been at the hospital," Tim said.
From the window, they saw the door to Interrogation swing open wide, and Sacks attempted to lead Ziva inside.
"Why are we here?" she asked at once, stopping at the door uncertainly.
Sacks shrugged. "This is where Gibbs said to meet. It's not like he has an office."
Ziva's eyes narrowed suspiciously, but she entered the room, glancing in all four corners. "Where is Gibbs?"
"How am I supposed to know? I'm not his secretary," Sacks replied, beginning to walk out and close the door behind him.
Like a striking snake, Ziva's hand shot out and grasped the door, preventing Sacks from closing it.
"I would prefer it remain open," she said, her eyes glittering dangerously.
"Suit yourself," he replied, shrugging as he left the door open wide.
She watched him walk away until he'd turned the corner, then she did an about face and surveyed the room. They purposely left the table clear, and Fornell told Sacks not to do anything to make her suspicious. They were dealing with a Mossad assassin, after all.
She studied the dark mirror between Interrogation and Observation, her eyes slit as if trying to discern if anyone was behind the glass. The mirror wouldn't allow her to see through, and she should know that, but she checked anyway. Glancing up at the camera located in the upper right corner, she seemed placated that the red light indicating the room was being recorded was off. Satisfied, she moved back toward the door, slowly, sinuously, as if she planned to ensure the Observation room was truly empty.
Behind the glass, Fornell reminded Gibbs, "I'm asking the questions."
Gibbs nodded briefly before leaving Observation. Fornell waited behind unseen, watching. Gibbs would let Fornell do the talking, but he wasn't promising to remain silent. This was his agent, his responsibility, and he wanted answers.
Ziva's body relaxed once she saw Gibbs, a smile crossing her face.
"Gibbs! What is going on? Why are we meeting here?" she asked.
Gibbs held his arm out, indicating she should go back inside. She frowned, but followed his lead.
"Take a seat," he said.
"I want to know what is going on," she said.
"Then sit down," Gibbs replied, taking a seat on one side of the table.
Ziva cautiously, suspiciously took a seat across from him, lowering her body with feline grace. As soon as she was seated, Fornell joined them, closing the door behind him with a click. The red recording light switched on.
Ziva shot up as if by electric shock. "I demand to know what is going on. Why am I here? What is the meaning of this?"
"Sit down, Officer David, and you'll get answers to all your questions," Fornell said lazily, placing a file on the table.
He jerked his head at Gibbs, indicating he should move over a chair. Gibbs grudgingly did so. This set Ziva's hairs on edge even more than they already were.
"Gibbs, certainly you won't allow this. Why am I being questioned? And why are you allowing him to do it? I am a member of your team, and you are in charge," she said, steaming. "If there is something you need to know, why would you not just ask me?"
"Sit down, Ziva," Gibbs said.
"I prefer to stand," she said.
"Then we'll be here a while," Fornell replied, folding his arms across his chest and leading back as if settling in.
"Gibbs," she said, pleading, doe eyes beseeching.
A tic worked in Gibbs jaw, but he didn't speak. There was a stand-off for a few moments, Ziva glaring at both men as they stared back neutrally. Finally, her temper and need for answers won out, and she moved toward the table. She didn't take her former chair across from Fornell, however. She ignored him and sat across from Gibbs.
Gibbs raised his eye brows questioningly at Fornell, but Fornell merely shrugged and focused on Ziva.
"We have a few questions regarding some events at the Vault Tavern," Fornell said.
"I will not answer you, but I will talk to Gibbs," she said stubbornly.
Gibbs raised his arms behind his head, locking his fingers. "That's not how this is going to work."
Her eyes widened, wounded. "Gibbs, tell me what is happening."
"Just answer the damn questions," Gibbs yelled, tired of the stalling.
Shocked, she folded her arms and pressed her lips together, glaring at Fornell, leaving no room for doubt this would be a hostile interrogation.
"The night we obtained the recording of the poker game in the back room at the tavern, you left your handbag at the bar," Fornell said.
"Yes."
"Why was that?" Fornell asked.
"You know why," she snapped.
"Officer David, I'll ship your ass right back to DC and demote you if you can't follow orders," Gibbs bellowed, his volume rising on each word.
She looked at him as if she'd been slapped, her eyes glazing. "It was a prearranged method for Agent DiNozzo to return the listening device."
"And when you returned the next day to collect the handbag, did you ensure the listening device was inside?" Fornell asked.
She frowned. "You know it was there. I could not open the bag and look in front of the jumper who gave it to me. Kehoe removed it when we returned," she said.
"You mean bouncer," Fornell said lazily.
"Whatever," Ziva snapped.
"All right, so you didn't open the bag. Did you know if the device was still recording when you retrieved it?" he asked.
She shrugged. "That would be a long battery life for such a small device, but I suppose it is possible," she said.
Fornell pulled the tape recorder from his pocket and placed it on the table, watching her closely. She didn't flinch or look concerned, and Gibbs was watching for any kind of tell. Fornell pressed the play button.
"Ooh, it smells like a pig. Perhaps that bartender is not as attractive as he appears," Ziva said.
"Care to explain this comment?" Fornell asked.
Ziva stared at him coolly. "Explain what?"
Neither Fornell or Gibbs played along by asking the question again. They both continued to stare, waiting. As expected, she was the first to crack. She might be Mossad, but she'd always had trouble controlling her emotions.
"What is the problem? The bag stunk. I did not even want to touch it," she said, teeth clenched.
"So, that's it?" Fornell asked, skeptically.
"What is going on? Why are you asking me this? The bag smelled of alcohol, stale smoke, and body odor. I have complained about it before to Tony. You can ask him or McGee," she said, exasperated.
"What is a derogatory name for the police?" Fornell asked, slamming the palm of his hand on the table.
She didn't jump, but her eyes widened, revealing her surprise. It took her a moment longer than Gibbs thought it should. She usually reacted with anger and emotion when pushed. This was cooler, more calculated.
"In Israel, it would be a Manayek; a Scuffer is an old British term; Pandu in Mumbai–"
"How about Philadelphia?" Fornell barked.
Ziva shrugged. "There are several American slang terms – Dick, gumshoe, pig."
"A pig. Exactly. And what is common about pigs?" Fornell asked.
Ziva scrunched her forehead, apparently confused. "I do not eat pork. It is not kosher."
"What about live pigs?" Fornell asked.
"They eat garbage, dirty animals," she said.
"Hmm, and you saying that your handbag smelled like a pig, and linking it to DiNozzo, was just coincidental, then?" he asked.
Ziva finally seemed to realize what they were suggesting. She turned to Gibbs with a look of hurt disbelief.
"Gibbs, you cannot believe I would purposely ruin Tony's cover. I am trained too well for that. Smells like a pig is a common expression, no? That is only what I meant," she said, eyes glassy.
"If you were trained that well, you would've realized how that comment would be taken. How it was taken. You're the snitch. You're the one who ruined DiNozzo's cover and lost us our source in that club," Fornell said, furious.
"It may have been taken in the wrong way, but it was not intentional. Tony managed to get away, so what difference does it make how they found out? It was a mistake. Now, we at least know there is no snitch stalking him, yes? He no longer needs a protection detail," she said.
"It matters, David, because I don't know if we can trust you with other agents if you're that lazy with your words," Fornell shouted.
"Gibbs," Ziva pleaded. "Stop this. You know my value, and above all others, you know my loyalty is to you. I would never jeopardize a case," she said.
"Your loyalty to me isn't in question," Gibbs said. "You certainly can understand how this error on top of your failure to protect your partner in the club leaves us with doubts."
His insides were twisting. His need to offer aid to a woman in distress was strong. He didn't like to see her feeling alone and ganged up on, but he also wasn't sure that it hadn't been intentional. There was no proof, and she'd said nothing to incriminate herself, but his gut was still churning. There wasn't any proof she hadn't done it intentionally, either.
"Personally, I'd go so far as to call that failure a Dereliction of Duty," Fornell said.
"Do not be ridiculous. I should have followed him to the men's room. I know this. I have admitted as much, but you cannot punish me for a language error," she said, frowning.
"This isn't over, Officer David. I'm not going to pull you from the case, but that can easily change. I'm not sure if any of the other agents will want to work you once this gets around. If I find one bit of evidence, if anyone else gets hurt, or if anyone comes to me with suspicions, you'll be off this case and shipped back to NCIS in a heartbeat," Fornell said.
"Are you going to allow him to speak to me this way, Gibbs? You know how much I have sacrificed to be here. Have I not been a valued asset to your team? He does not decide which case I work on, you do," she said.
Gibbs shook his head. "You're walking a very thin line, Officer David," he said.
Anger and hurt flashed in her eyes before she stood up, hands clenched and mouth set. Fornell stood and opened the door, allowing her to stalk out without looking back. Once she'd gone, he turned to Gibbs.
"What did you think?" he asked.
Gibbs rubbed his head wearily. A massive headache pounded his skull relentlessly. "I don't know. I want to believe her, but–"
"But you don't. I'm not sure, either. I've heard her mangled idioms before – quite frequently if we're being honest – but something still doesn't feel right. She's right that I can't boot her for a language barrier, but I don't trust her in the field. We could pull her, and NCIS could conduct an Internal Affairs investigation," Fornell said.
Gibbs grimaced. He could just imagine how that would go once the director got involved.
"Of course, as soon as we did that, State would be breathing down our necks for unfounded accusations springing from only communication difficulties, "Fornell said.
"You've got that right," Gibbs mumbled, having come up on the wrong side of the State Department a time or two before.
"She clearly trusts you. We could use that and keep tabs on her here, hopefully get something solid for IA. What do you think? It was your agent she put at risk. Do you want to ship her back?"
Gibbs didn't want any more tricks or surprises, and he wanted to keep control of exactly how much Ziva knew. She and DiNozzo were separated here, and if he sent her back, Jenny would just undo any sort of formal reprimand he put in place.
"No. I want her where I can see her," Gibbs said.
NOTE: Ducks! I know it's not what you were all waiting for, but I do think it's how Ziva would try and manipulate the situation. Don't worry – it's not over yet. Feedback - even if it's to throw things - is always appreciated.