A/N I have to admit this story hit the buffers and the wheels came off, mainly because I have absolutely no understanding of the American Legal System. An unwise choice of topic, but this is fiction so I just made it up. Rightly or wrongly I picked it out of the bin and stuck the wheels back on. It is back on track, hopefully going in the right direction and nearly there.
The team looked at each other, Callen spoke first "We're learning about Kessler, but not his operations. Nothing there to help us"
"The clock is ticking." Rogers joined the team "We've got till midday today to charge Kessler or release him"
The Special Prosecutor opened the file and picked up the last few pages ."Can somebody explain why he was released from prison? The file tells me Agent Blye's evidence got him jailed but what was this Presidential Pardon all about?"
"I think I can explain that" Kensi looked at Deeks, who nodded in agreement.
"The Presidential Executive Order due to Undisclosed National Issues. Basically, he fooled us, coerced us into allowing him a direct line to the White House. The phone call is not on record, officially it didn't happen." Kensi continued "Kessler had something the President didn't want the world to know and suddenly he was in the wind"
"I get the picture friends in high places" Rogers looked directly at Deeks "I think we need to make some new friends. Don't you?"
Deeks said nothing, but nodded and looked apprehensive.
Sam emerged from the Interrogation Room with his phone in his hand "Kilbride wants us back in Ops" He looked at Callen who was reaching for his phone.
"Kilbride only needs Sam and me, you two stay and sort this out" Callen read Kilbride's message and looked at Kensi and Deeks. "Good Luck" The two agents left the boatshed.
"I think this guy wants to help us, but nothing he is telling us is helpful" Kensi said, ignoring the look that had passed between her Lawyer husband and the Special Prosecutor.
"Perhaps we're asking the wrong questions." Deeks looked at the file "I think we should give him more time. Get him out of the Interrogation Room and have a chat with him. We're on the same side"
"If we have a chat with him, surely it will make it harder to charge him" Kensi was doubtful as she looked at the two men.
"I don't think charging him would serve any purpose" Deeks shrugged "I mean I'm not sure he's broken many laws, being stupid isn't a crime, he was just looking out for his brother"
"And you call yourself a lawyer" Kensi smirked.
"He's got a point, I think we need more coffee." Rogers put the file on the table and fetched Rory McIntyre out of the Interrogation Room.
Five minutes later they were all sitting round the table with fresh coffee. Rory McIntyre looked from Kensi to Deeks and back again. His eyes rested on Deeks. "I guess you're the guy Bruno came to shut away. He didn't hurt you did he?"
"Yes I am and no he didn't." Deeks smiled and held out his hand. "Investigator Martin Atticus Deeks, most people just call me Deeks. We need you to work with us, Kessler made threats to my wife Agent Blye" Deeks nodded towards Kensi "We would like to see him behind bars."
"Bruno had a friend called Dave when we lived here. Bruno did odd jobs for him, making crates mostly. He used to come and go a bit but we hadn't seen him for ten or eleven years, maybe more" McIntyre smiled "I did wonder if Bruno had put him away somewhere. Then he turned up in Philadelphia. I don't know if he knew Bruno was living there but Bruno started helping him again"
"You work out of the Philadelphia office?" Kensi asked.
"Well….I did" McIntyre replied, with a rueful smile.
"Dave. Do you mean David Kessler?" Rogers looked up from a sheaf of papers.
"I guess so. I hadn't actually seen him before. Pederson was adamant he was smuggling guns but I wouldn't believe Bruno would have anything to do with a man like that"
"Is that what you argued over?" Rogers asked
"Yeah. Pederson had been investigating Kessler for a few months. I was working on other cases and didn't pay enough attention to what he was doing. It wasn't an official case. I wasn't aware of what was happening. I should have been. The word was he had gone undercover to follow Kessler. Don't ask me why nobody questioned that he hadn't checked in, I was suspended."
"Did Pederson have enough evidence to charge Kessler?" Deeks asked visibly brightening.
"I guess he did, why else would they try to arrest us?"
"Actually you were wanted on suspicion of murdering Pederson" Rogers finished his coffee and continued " Not to forget people thought you were here to help your brother abduct Deeks"
"I followed Bruno to LA to try and stop him from doing anything stupid, not to help him. I was stupid to give Kessler your address, but he threatened to have Bruno locked up again if I didn't. When Bruno took off with that blowpipe Kessler gave him I knew what he was going to do"
"He was able to fly here on his own?" Deeks asked
"Oh yes, and I was on the next plane" McIntyre continued "Our family has an apartment in your neighbourhood. That's where the FBI ambushed us"
"Hardly an ambush, Bruno fired at the FBI, but I'll let that go" Rogers turned to Deeks "Not much, but it's a start. At the least we can charge Kessler with something. He did try to get you killed. Are you ready for this?
Later that evening Investigator Martin Deeks and Special Prosecutor John Rogers arrived in Washington DC. Kensi was left fuming in Los Angeles, ready to join them at a moments notice. They went straight to John Rogers office to discuss the way forward.
"Now we're here we can cut the smalltalk. These walls don't have ears" John Rogers put two glasses on his desk. Then selected a suitable bottle and poured two drinks. He continued "I've arranged for you to look at Pederson's evidence, they're expecting you tomorrow."
"And then?" Deeks was curious
"Then we need to bring in the big guns"
"Supreme Court?" Deeks asked.
"That would be a good place to start" was the reply
"POTUS?"
John Rogers just raised one eyebrow and gave a slight shrug as a reply.
Deeks cradled his malt whisky "So first we need to get Kessler convicted, then we need to persuade the judge to throw away the key. What could possibly go wrong?"
