Title: The Power of Information
Authors: Michelle (mcd724@hotmail.com) & Trish (trish1c@att.net)
Rating: PG-13
Summary: VS2.7 The captain of a submarine that accidentally crashed into a
Norwegian cruise ship in the North Atlantic wants a new trial because he
claims he did not have all the information when he made his decision to
plead guilty at the Board of Inquiry Hearing. Gunny and Singer also get
new information about his friend, Gloria. Meanwhile, it seems Harm, Mac and
Bobbi Latham could all use more information about each other.
Disclaimers: Although we don't own the show or the characters, we tried to
make this as realistic as possible. Any similarities to current events are
intentional, but we are not making any factual representations about those
events or the state of the law surrounding those decisions. We also know
next to nothing about the operation of submarines, so all factual errors
are ours. We are doing this for fun, not profit.
Archive: VS.2 OK; Everywhere else, please ask first.
*~*~*~*~*~*~*~*
JAG HQ
FALLS CHURCH, VA
0849 EST
Harm and Mac entered the Admiral's office and came to attention behind the
red leather chairs in front of his desk.
"At, ease. Have a seat," AJ gestured toward the empty chairs. Both junior
officers smiled their thanks at their CO as they took up his offer to sit
while silently looking at him expectantly.
Lacing his fingers together on top of his desk, the Admiral leaned forward
to address them. "I'm sure you both recall the incident in February when
the Watertown collided with the SS North Atlantic Princess."
"The cruise ship," Mac confirmed and the Admiral nodded.
Harm piped in, "Captain Wallace plead guilty before the Board of Inquiry
and was allowed to retire with half benefits. He also apologized to the
Norwegian people and the families of the deceased."
"There's been a new development," the Admiral informed them.
"Have the civil suits started yet?" Mac asked.
"Yes, but that's not the problem."
"Then what is, Sir?" Harm inquired.
Lifting the remote from his desk, the Admiral aimed it at the television in the
corner. The screen lit up with the face of Brian DePalma, ZNN Military
correspondent filling the screen under the station's bright red logo.
"I'm here, outside the offices of the United States Judge Advocate General,
that's the Navy's top lawyer." The camera panned back to give viewers a
full look at the red brick federalist style building. "It appears that not
only can't they drive their own boats, the Navy can't even keep track of
their own records." The picture of the sinking cruise liner that had
dominated the news immediately after the accident filled the
screen. "Captain Steven Wallace, the senior officer on board the Watertown
when it struck the North Atlantic Princess killing sixteen civilians plead
guilty to causing the mishap and lost half his pension as a result, but now
it appears that the Captain may have been a scapegoat. ZNN has learned
that the Captain is seeking to retract his plea because he wasn't given all
of the information. He was lead to believe that he was responsible for the
tragic deaths when it really may have been the fault of malfunctioning
sonar. Apparently, the Navy was in possession of hundreds of documents
concerning problems with the sonar manufactured by SeaSounds Corp, but they
never gave those records to Captain Wallace or his lawyers. Now the
Captain wants a new trial saying that faulty equipment and budget cuts, not
his actions, caused the accident. So far, the Navy has no official
comment. This is Brian DePalma, reporting live from Falls Church,
Virginia. Back to you in the studio."
Clicking off the television. the Admiral refocused his attention on the two
lawyers before him. "Dammit," he swore softly. "I want to know how the
hell this happened. How could the board of inquiry make such a stupid
mistake? Why weren't those documents turned over before?"
"We'll find out, Sir," Harm chimed in.
"You'll do more then that, Mr. Rabb. As of now, this case takes top
priority. Clear the rest of your caseloads. Anything that can't be put
off, get re-assigned. I want you two to go over those records with a fine
tooth comb and make sure there is nothing in there that would have changed
the outcome." Handing Mac a thick manila folder, AJ continued, "Wallace's
attorney filed a motion to retract the plea and dismiss the action. The
hearing is scheduled for next Friday. You two will oppose it - and win!
This case was wrapped up and tied with a bow. Keep it that way and this
time I don’t want any more loose ends.”
While the Admiral was speaking, Mac perused the folder. When he finished
she glanced up and commented, "Wallace is being represented by Ryan,
Price, and Segal?” It was more of a statement then a question.
"Is that a problem, Colonel?" the Admiral nevertheless asked in a tone that
left doubt that it better not be a problem.
"No, Sir," Mac replied automatically. I can handle this, she thought. It's
not like Mic still works there and this time, hopefully, the facts are on
our side not like the case with Harriet's obstetrician.
AJ turned his attention to another file on his desk. Harm and Mac took that
as their cue to leave. Without looking up from the file he was studying, he
said, “And while you're at it, find out why this fiasco happened and make
sure it never happens again. I don't like having egg on my face."
"Aye, Aye, Sir," Harm responded standing straighter and at attention with
Mac by his side before they turned and left the room.
*~*~*~*~*~*
As Harm and Mac strode out of the Admiral's office while discussing
strategy for opposing the motion, Gunny could be heard on the phone. "JAG,
Gunnery Sergeant Galindez speaking. How may I help you?" After a brief
pause, his body language relaxed and he smiled into the mouthpiece, "Hi
Gloria." His brow wrinkled. "Lauren? - - Singer?" Surprised showed on his
face. "Sure, hold on." He pushed a few buttons. "Lieutenant, there's a
call for you on 3. Gloria Goldstein."
Gunny hung up the phone after he transferred the call. Tiner was hanging
around his desk, trying to look busy. "Why is your girlfriend calling Lt.
Singer?"
"I don't know," an obviously peeved Gunny grudging admitted.
*~*~*~*~*~*~*
INTERIOR
HARM'S OFFICE
"Maybe the Watertown is cursed after all," Mac joked.
"What do you mean?" Harm asked.
"Come on, Harm. Don't you remember? Before we found out what Hodge was
doing there, we could have made a pretty good case for a curse," Mac
reminded him as she opened the voluminous file and began sorting through it.
"No. You TRIED to make that case. I was going for sabotage, " Harm
retorted. "In any event, I'm just glad it's not Flagler who lost his
career over this. He's a good man."
"Just when did Wallace take over?" Mac inquired.
"I think about six weeks after the incident with Minsk. Flagler took a
post stateside for a while. Something about being with grandkids I think,"
Harm answered. "But you may be on to something. Let's find out where he
is. He might be able to help us with this one." Picking up the phone on
his otherwise bare desk Harm ordered, "Bud, stop whatever you're doing and
get me everything you've got on Captains Flagler and Wallace."
Mac stared at the three archive boxes and four binders that had been
stacked just inside the door to Harm's office. Picking up the top box she
unceremoniously set it in the middle of the desk directly in front of her
partner. "Enough with your wild goose chases. Now what exactly is in this
file? And who knew about it and why didn't they produce it for the Board?"
SEVERAL HOURS LATER
"Harm, let's take a break. I'm going cross-eyed here," Mac sighed.
"Lunch?"
"Definitely. " Her stomach audibly seconded the suggestion. “I'll even
buy," she smiled, "Just as long as it's not sprouts or organically grown."
"Well, there's still too much here to go out or I would take issue with
that last remark," Harm observed as he gestured to the mountains of
documents they had yet to tackle. "Why don't we just hit the cafeteria?
And you won’t have to worry, we know nothing is natural in there."
"You're on."
*~*~*~*~*~*
In the line at the cafeteria, while they debated the relative merits of
chef salad versus a cheeseburger, Harm and Mac were distracted by the
shrill laughter that went up across the room. When they turned to the
source, they spotted Singer with a vaguely familiar redhead sharing a meal
and joke apparently.
"Who's that with Singer?" Mac asked.
Glumly, Gunny who was getting another glass of milk replied, "My
girlfriend, Colonel."
Harm and Mac simultaneously raised eyebrows at Gunny's retreating back as
he returned to his table. As Gunny sat down with the two women, Harm
leaned closer to Mac and said, "I’m not sure who I should be more
concerned about - - the Gunny or Singer."
"Maybe both?" Mac replied, as she looked over toward the threesome. Even
as Mac voiced her observation, Gloria again reached across the table and
patted Singer’s hand, while Gunny watched uneasily. From where Harm and Mac
were standing it appeared that Gloria was more familiar with Singer than
with her own boyfriend. Having no good response, Harm shrugged his
shoulders and led Mac to a table away from the unexpected threesome.
When the lawyers returned from their late lunch they found a note from Bud
about Captain Flagler's current duty station and address. Harm arranged for
them to interview him the next morning and together, the partners
reluctantly, but dutifully dove back into the boxes of documents.
*~*~*~*~*~*~*
1030 EST
PARKING LOT OUTSIDE JAG
Walking towards their non-descript car, Mac questioned the need for their
jaunt down to Norfolk. "Harm, I don't know about this. Why are we wasting
time going to see Captain Flagler. I don't see what bearing someone who
was thousands of miles away is going to have on the investigation."
"Come on, we have to follow every lead - - no matter how remote or
unlikely. We can’t leave any stones unturned." Harm's tone was serious, but
the crinkle of his eyes gave him away.
"You know you’re not fooling anyone right? You just wanted to get out of
the library and paper work," Mac teased playfully slapping her partner's arm.
Grinning at her, Harm shrugged, "So? We've been at it for twenty-four
hours or so. I’m sure you could tell me exactly, but do you really want to
read one more inspection report or sonar specification note downloaded from
the internet?"
Smiling Mac pulled open the door and settled back into her seat for the
drive to Captain Flagler's house. As Harm started the engine, she
demanded, “What would you have done if I had said yes?”
“You mean had you withstood my logical reasoning and charm?” Mac half-
nodded, half-smirked in response. “Well, then I would have pulled out the
big guns - - bribery.” She raised an eyebrow at him in question. “There’s a
Beltway Burger on the way…”
*~*~*~*~*~*
1317 EST
OUTSIDE OF NORFOLK
Their naval issue sedan pulled up in front of a quaint, well-manicured
ranch house. Captain Flagler was outside tending to some rose bushes on
the side of the house. Exiting the car Mac and Harm donned their covers
and headed toward their witness.
Recognizing his visitors the Captain greeted them warmly, "Commander, . . .
Colonel, good to see you again." He shook both their hands. "You made
good time."
Smiling, Harm agreed, "Yes, we did."
"You got your voice back," the Captain teased. Gesturing around back for
them to follow him to the patio, Flagler commented, "It's a shame that
another tragedy had to bring us back together." Shaking his head he
lamented, "I knew this would happen someday."
"You mean there was a problem with the sub, Sir?" Mac asked incredulously.
"Not that I know of," the Captain replied looking quizzically at Mac.
"You said you knew this would happen, Captain," Harm clarified. "What did
you mean by that?"
"Wallace. Wildcat Wallace. He leaps first and asks questions later."
As Harm and Mac took their seats at the white wrought iron table on the
Captain's patio, Harm shot Mac a look that practically screamed 'I told you
so.' She didn't take the bait and instead focused on the witness. "So you
never had any problems with the sonar?"
Chuckling, Captain Flagler joked. "Of course I had problems with the sonar
and my radio and the missile guidance system and the head in my stateroom.
It's the Navy. We're understaffed, under-funded, overworked and stretched
to the limit. You know that."
Both lawyers scowled at the Captain's cavalier attitude.
Taking a deep breath, Harm changed tactics. "Sir, I am sure you are aware
of Captain Wallace’s motion for a new trial because of the alleged
undisclosed evidence. What we need to know from you is whether you think
the mishap occurred due to faulty sonar - - specifically whether you
believe that Captain Wallace would not have sunk that cruise ship if the
sonar was working properly?"
"The sonar is a high tech toy." Captain Flagler asserted hautily. "A good
sub captain knows you don't surface on sonar alone. You do a visual check
first and don't break the surface if there's anything within 10 nautical
miles. That cruise liner was only 8 miles away when he started up. Sonar
or no sonar, he should have moved or stayed submerged."
"What about the maintenance records and the failure rates?" Mac pressed.
Shrugging Flagler conceded, "Colonel, every thing fails, especially on a
sub submerged for long periods of time. There are back up systems, warning
lights and well-trained crews, but things can go wrong. Things do go
wrong, but that's life and that's war. Weren't you the one who told me that
the Navy pays her officers to lead? That's when you need leadership the
most - - when things go wrong. Wallace wasn't a leader - - he was a
reckless maniac."
*~*~*~*~*~*~*
INTERIOR CAR
HEADING NORTH I-95
Idly tapping her fingers on the window ledge of the car door, Mac glanced
over at Harm and asked, "So, was it worth the day we spent coming down
here?"
Not taking his eyes off the road, he immediately answered, "Yes."
"Harm, we didn't get anything out of him that we couldn't have gotten over
the phone."
"Not true. We got the measure of the man."
"We already had the measure of the man." Harm didn't respond, so Mac
continued. "C'mon. Really. This is me. Why'd we have to come down here?"
"I thought it would help the case." Harm wasn't giving an inch. He stole a
glance at his partner, but wasn't about to concede that he just wanted to
spend the day with her alone outside of the office. Instead he chose
misdirection as a course of action. "OK, here's what I think - - you should
come over Saturday. I'll bring the boxes and the research and we can sit
down and write the brief."
"Why can't we start it tomorrow?"
"I thought you had sentencing hearings in the morning."
"I do, but that should be wrapped up by 1200 at the latest. You know
Admiral Morris hates to go past lunch. We'll grab a bite and then start."
Grimacing apologetically Harm explained. "No can do. I have a deposition
at 1400 and then go to the Hill."
"I didn't see anything on the weekly schedule."
"I have to meet Bo - - Congresswoman Latham. She wants to have dinner to
talk about this. She was pretty upset about some of the headlines."
"We don't write them and despite what the press says, we did not
intentionally withhold information from Wallace or his lawyers." Her
outwardly professional demeanor belied the sudden increase in her heart
rate at the thought of Harm and Bobbi Latham spending an intimate evening
together.
"I know that," Harm replied. "But, duty calls."
Mac scoffed. "Yeah. I'm sure you'd be just as eager to go to dinner on a
Friday night if it was - - say Senator Stackhouse."
"Are you implying that a pretty face could turn my head? That my motives
are anything but for the advancement of our case?"
"I'm not implying anything, Flyboy, but let me just say 'thou doth protest
too much' - - and yes, I think it's a date and I'm sure she does to, even
if you swear it's not."
Instead of responding to what he believed, and maybe even hoped, was the
jealous tone in her voice, Harm just shook his head in amusement at the
idea as he kept driving. Fortunately northbound traffic was light; everyone
on 95 seemed to be going south.
After a few miles of silence, Mac probed, "Let me ask you this, what are
you wearing?"
"My dress whites. You know the rules - - any member of the Armed Forces
appearing at the White House or on Capital Hill must be in Class A uniform."
Smirking Mac said, “Oh, I know the rules alright, but where exactly does it
say that you have go home from your dep to shower and change before
appearing on the Hill?” Seeing that he had no response, she tried to cover
her jealousy with sarcasm, “Yep. It's a date."
*~*~*~*~*~*
0930 SATURDAY MORNING
HARM'S APARTMENT
Mac breezed into the loft wearing khaki shorts and fitted scoop-neck tee
shirt. Her lap top was slung over her shoulder and she was carrying a
bakery bag. Holding it toward Harm she announced, "Low-fat raisin and oat
bran muffin for you and a cheese danish for me."
Shaking his head and looking over her curvaceous figure, Harm took the
proffered bag, "I don't know where you put it."
"Clean livin'. Where we doin' this?" Mac inquired setting her lap top on
the glass table in the middle of the room, near the boxes of discovery.
Glancing up at Harm playfully, she asked, “I came bearing gifts, can’t you
at least give a girl her caffeine fix?"
"Aye, aye, ma'am," Harm retorted sarcastically as he put the bakery bag on
the counter.
As Harm brought two steaming mugs of black coffee over to her, Mac
teased, "So how was your date?"
"It wasn't a date. It was a business meeting and the Congresswoman made it
very clear that if we lost this motion her subcommittee was going to move
to add JAG to the investigation Congress is contemplating of the FBI and
Justice and their sloppy discovery practices. She agrees with the media
that slip-ups like these give the public the impression that the government
is railroading innocent people."
"Great just what we need." After a moment, Mac pushed for more of the
information she really wanted, although she was afraid of the answers and
slightly uncomfortable about asking despite their recent, redeveloping
closeness. Not knowing would be worse so she decided the best way to find
out what she wanted to know was to resort to their usual banter. “So what
posh place did you let her take you to and run up her expense account on
the taxpayers' dime?"
"Orsssssnnni's" Harm purposely mumbled.
Smiling at his discomfort, Mac didn’t let him off that easily because she
was fairly certain that Harm was reluctant to admit that he and Bobbi
Latham had eaten at one of the swankiest Italian restaurants in DC.
Putting a hand to her ear, she said, "I'm sorry. I didn't quite quiet hear
you. Did you say Orsinni's?"
"Let's get to work," Harm tried to change the subject.
Wrinkling her nose at him, Mac stated, "It was a date."
"We're just friends, Mac."
"No, *we're* 'just friends', Harm. You and the Congresswoman have an
entirely different kind of relationship."
Rolling his eyes, Harm refused to dignify her comments with a verbal reply.
"Let me ask you this, did you kiss her goodnight?" Mac wasn't sure she
really wanted to know the answer to this question but the devil on her
shoulder seemed to be putting words in her mouth.
Harm mulled over the question for a moment before carefully
responding. "No, I did not kiss her goodnight."
Smiling Mac teased, "Oh, so she kissed you. Same difference."
"No, it's not!" Harm protested.
"So if you kissed me, we'd be kissing but if I kissed you we'd be what?
Dancing?"
Locking the full measure of his baby blues into her brown eyes and leaning
forward, Harm countered somberly, "I didn't realize that we had a
relationship that involved kissing." But I want one, he didn't have to
add. Unspoken yet unmistakable was the question - - can I kiss you now?
Breaking the intensity of his gaze, Mac began to unzip her black bag to
extract the computer. As much as she wanted to explore what began a number
of years ago and led them onto the Admiral's porch at her 'engagement
party', now was not the time; they had a motion to win. "Let's just get to
work, Romeo." With that, they settled in for a day of brief writing.
*~*~*~*~*~*~*~*
1528 EST
MARYLAND HORSE FARM
[Two horses and their riders were visible in the distance. As they came
closer, the horses' paces slowed from a full gallop and the riders became
identifiable as Singer and Gloria. The two women dismounted and walked the
horses over to a water trough.]
Pushing her long hair which she had worn loose and down back from her face,
Singer commented, "Thanks for inviting me. I haven't ridden like that in
years. It was great."
Taking a step toward the blonde, Gloria reached out and ran her hand up
Lauren's arm. "I'm glad you liked it."
"I'm glad Gunny brought you to that party. Without you it would have been
so dull. I think we can be great friends."
Taking a step closer and bending her elbow to avoid breaking the contact
between their bodies, Gloria looked into Singer's eyes. "I'm looking
forward to becoming very close."
Still not comprehending Gloria's intentions, Singer agreed, "Me too."
Thinking that they were on the same wavelength, Gloria leaned in and kissed
Singer gently on the lips. Too stunned to move as she saw Gloria's face
coming toward hers, Singer jumped back visibly at the intimate
contact. "What the hell?" the Lieutenant sputtered in a voice usually
reserved for enlisted personnel she was about to chastise.
"I thought. . . You acted like you knew. You said you wanted to get
closer, too." Gloria was clearly torn between being frustrated and
embarrassed at having her advance rebuked so harshly.
Still shocked Singer shouted, "As friends. Platonic friends. I'm in the
Navy for chrissake! You don't understand what this could do to my career!
Even the appearance of impropriety…" Gloria simply stared at the irate
blonde who continued ranting. "And you - - you have boyfriend! What about
Gunny?"
"What about him?" Gloria asked confused.
"Does he know?" Thoughts of Gunny and Gloria recruiting her for a third
filled her head. “Oh my God. Is he in on it?" Singer's voice got louder as
the images became clearer in her head.
"In on what?" It took Gloria a second to realize what Lauren was talking
about. Rubbing her hand over her own face, the redhead took a deep breath
and purposely lowered her voice in an effort to calm her border-line
hysterical companion. "No, Lauren. I don't think Victor knows I'm bi. He
never asked and I don't go around telling people to avoid just this kind of
reaction." She gestured to the space between them.
In a higher then normal squeaky voice, Singer questioned, "Why me?"
Sighing, Gloria admitted, "Stereotype I guess. You're a beautiful woman."
Singer blanched at the compliment but Gloria continued. "You're in a man's
world - - the Navy and the law. You came to the party alone and didn't seem
to care about all the attention the men were giving you. You didn't even
think that dreamy Commander was cute. I just figured. . . and when you
agreed to go out with me . . . "
"Out with you?" Singer's hand flew up and covered her mouth. "Oh my God.
You thought this was a date?!"
Holding her hands up in a gesture of surrender, Gloria offered, "Look,
don't worry about it. It was a misunderstanding. I'm sorry."
Singer didn't say anything.
Gloria looked contrite, but kept talking. "Look, I do like you."
Uncharacteristically Singer squeaked again and looked horror-stricken.
"No, as a person. Can we forget a lot of this and go back to being
friends? I would like to go riding with you again. You said you had fun
and I think Windrunner liked you," Gloria observed patting the stallion's
sweaty neck.
"He is a great mount," Lauren reluctantly concurred. "Can I think about
it?"
Willing to take what she could get, Gloria nodded. "Sure."
~*~*~*~*~*~*
TUESDAY MORNING
JAG HQ
In the break room Harm and Mac debated the issues confronting them. "Harm,
we have to show that Wallace made a decision with all the information
available to him."
"No. He's just gonna argue that he made a decision with the information
available to him at the time - - not all the information - - and because of
that he should get to retract his plea."
"But he can't," Mac stated. "The time to retract a plea ends after the
sentence. Once he allocutes that's it. Absent fraud you can't change your
plea because you didn't like the sentence."
"That's what he's saying. It was fraud because he didn't have all the
documents - - he didn't know the Navy's whole case," Harm countered.
"He had all the information when he made his decision - - he was there. He
was the Captain. He knew what he did - - and what he didn't do - - look.
He plead guilty because he was guilty," Mac quickly rejoined.
Singer walked in and filled her own coffee cup. "You really can't expect
someone to make a decision without all the facts."
"He had all the facts," Gunny interjected. "Ma'am. Sir. Lieutenant. The
Colonel's right. He knew what he did and he knowingly plead guilty to
avoid a full court martial."
Harm shook his head. "It's not that simple."
Disgusted Gunny snorted, "It should be."
Taking her mug from Harm, Mac tried to hide her smile. At times like this,
she was even more glad she had convinced Gunny to join JAG.
Seeing Mac’s slightly smug smile and knowing exactly what she was thinking,
Harm just shook head and, with a smile of his own, started again. "Look,"
Harm began, "All I'm saying is we have to convince the judge that the
documents don't matter. That no matter what, even if they had been
disclosed, it wouldn't have mattered - - the result would have been the
same."
"That's what I've been saying," Mac asserted. "The documents weren't
solely in the possession of the government. They were available
everywhere - - the Pentagon, the Naval budget office - - all public
records - - and through the corporate reports at SeaSounds and over the
internet."
"But what if it's information you thought you had or thought you didn't
need and then it turned out that you did need it?" Singer interposed
glancing at Gunny.
"You mean like the fact that the sonar sometimes didn't work right if the
sub was travelling at speeds in excess of 25 knots?" Mac postulated.
Singer was still staring at Gunny. She'd been giving him funny looks all
week.
"Doesn't matter," asserted Harm. "You shouldn't be surfacing at that speed
anyway."
“My point exactly…” Their debate could be heard as they left the break room
and headed to Mac’s office, leaving the Gunny and Singer alone.
When Singer realized that Harm and Mac were leaving, she tried to follow
them out, but Gunny unceremoniously stepped into the doorway, effectively
trapping her. “Alright, Lieutenant, what gives? You have been giving me
strangest looks. Is there something I don’t know, Ma’am?”
“Well, Gunny, I guess you are learning. Sometimes you have to ask or you
never really know, do you?” With that cryptic answer, she pushed her way
past him and walked to her desk, leaving him to ponder her meaning.
*~*~*~*~*~*~
WEDNESDAY AFTERNOON
JAG HQ
The tapping on his doorframe drew Harm's attention away from the file he
was studying. Expecting to see Mac, an involuntary smile graced his face as
he looked up. The sight of Bobbi Latham leaning on his doorframe removed
it. As usual, she noticed and commented on it. “I’m glad to see you, too,
Harm.” She made her way into his office univited.
Quickly regrouping, Harm quipped, "What brings you here, Congresswoman? I
thought you were trying to distance yourself from us, just in case Mac and
I drop the ball on Friday - - not that we're going to."
"Actually, I had a meeting with the Admiral. He was also very happy to see
me. It’s nice to be liked everywhere I go." Her self-depreciating humor
made them both smile. "And while I was in the neighborhood, so to speak, I
thought I would check and see how you are doing."
"We’re fine - - which means you’re fine. Everything is under control.
Admiral Morris may hate the sight of me, but that doesn’t mean he’s deaf to
a sound argument."
"Good…Then I guess I’ll see you at the argument." She turned to leave, but
Harm stopped her by addressing her with her first name. "Bobbi…About last
Friday…" She waited for him to continue. “Well, you didn’t think - - I
mean. . . " The Congresswoman smiled; it wasn't often that Commander Rabb
was at a loss for words. Harm continued awkwardly, "It wasn't a . . . it
was a business meeting right?"
"The possibility of it being more than just shop talk may have crossed my
mind. Despite what you may want to believe about politicians I am not in
the habit of kissing my fellow representatives goodnight." Concluding they
may have gotten their signals crossed, she clarified, “If all I wanted was
information about the case we could have done that in my office or over the
phone."
Squirming in his chair, Harm didn't know how to politely respond to her
comments or make it clear that he did not wish to pursue a relationship
with her. He thought they were already passed that.
"I was going to ask you to join me for lunch, but apparently you'd rather
discuss business," Bobbi observed. "What's wrong, Harm? If it's not the
case, why are you so uncomfortable around me all of a sudden? I thought you
broke up with that director - - you know the blonde who did my last
campaign commercial."
Harm rose from his chair and started around the desk. "Ah, no, I mean
yes. Renee and I broke up and I'm not uncomfortable around you, but it has
been brought to my attention that you might have thought it was…and I don't
want to hurt anyone any more by giving mixed signals or…” he trailed off
uncomfortably.
Smiling, Bobbi interrupted. “Oh…now I understand why you had a one track
mind that night. You and Mac have finally gotten your acts together.”
The epitome of professionalism, Harm replied, “I have no idea what you
talking about Congresswoman.” Shooting him an “oh please” look, she put her
hands on her hips and waited for him to confess. Smiling, he
admitted, “Well, I guess you could say we’re working on it, or at least I'm
trying to.”
~*~*~*~*~*
FRIDAY MORNING
COURTROOM
Getting into HQ that morning had been hellish. The parking lot was
crawling with reporters. Court TV and ZNN had cameras set up inside. More
comments were made about Mac's participation and new single status - - the
country was having another 'Mac Attack' and this time a 'Hunky Harm'
or 'Fab Rabb' depending on what channel was broadcasting was added for the
ladies' enjoyment. A few of the more unscrupulous outlets even speculated
about the nature of the relationship between the partners and whether Harm
was the cause of Mac's broken engagement. Some went so far as to run clips
from his crash into the Atlantic on the flight home for her cancelled
wedding. Suffice to say, it was a circus.
Inside the small courtroom was no better. The gallery was packed: SECNAV,
Congresswoman Latham, the Admiral, even Clayton Webb made an appearance.
When Harm and Mac entered, he leaned over and cautioned them both, "You
understand the importance of winning this - - the Norwegians are
threatening to close our bases and restrict the passage of our vessels
through their waters if this gets re-opened over a technicality. NATO and
National Security interests are at stake here, people."
Rolling her eyes slightly, Mac quipped, "Aren't they always with you?"
Exerting a little extra pressure on her elbow, Harm steered Mac to counsel
table before Webb could say anything else.
Admiral Morris called the court to order and the hearing began.
Wallace's attorney argued first because it was their motion. They implored
the judge to allow the Captain to retract his plea of guilty and to
reinstate him into the Navy because he would not have plead guilty if he
had known that the sonar system had a history of malfunctioning.
Harm and Mac split their argument. Harm focused on the facts. "Your Honor
on February 16, 2000 a tragedy occurred. The USS Watertown surfaced with a
cruise ship in the area and struck the North Atlantic Princess ripping a 75
foot gash in her hull, causing the passenger liner to sink off the coast of
Ireland and killing 16 civilians during peace time." Harm looked directly
at Wallace as he numbered the victims of the Captain's recklessness.
"Captain Steven Wallace knew or should have known that before surfacing in
a shipping lane, no matter what the sonar showed, standard operating
procedure and reason dictated that the periscope be used to check for
surface vessels and if a vessel was closer than 10 nautical miles, to stay
submerged until the surface ship passed, to change directions or at least
to contact the other ship to warn it of the sub's presence to avoid a
collision. Wildcat Wallace did none of these things and the result was
tragic."
Gesturing in Wallace’s direction, thereby ensuring that the full focus of
the court and the media as well as the country was on the defendant, Harm
continued, "He thereafter pled guilty and took early retirement rather than
face court martial because he was guilty. It didn't matter if the sonar
was working or not. He should never have surfaced with another ship so
close to his. Therefore, his culpable negligence justified the acceptance
of the plea and the Captain's resignation. Both outcomes must stand and
the motion should be denied."
Like a finely tuned machine, Mac quickly stood and took over for Harm,
seamlessly transitioning from the fact-based argument to the legal
precedents supporting their case. "In the Navy, a defendant is guilty until
proven innocent. Unlike civilian law," she was clearly playing to the
cameras - - a lesson she learned well from her last experience with Juanita
Ressler. "The defendant has the burden to come forward with evidence to
show his lack of culpability and unless that is done, court martial is
proper. The prosecution only has to turn over exculpatory material solely
in its possession, for example a confession by another suspect. That is
not what happened here."
Mac paused momentarily. Her audience was held captive as they waited for
her to tell just what had happened. "While it is true that certain
documents were not turned over to the Captain and his defense team, the
quality of that material, it's quantity in comparison to what was disclosed
and the timing of these events are important."
Holding up one finger to emphasize her point, she continued, "First - -
these documents were available from a number of sources: the Pentagon, the
manufacturer and the Budget Office to name a few - - but more importantly,
over 80% of them can be downloaded from the internet. They were available
to anybody, including the Captain and his lawyers if they cared to look.
Numbering her next point with two fingers, she continued her
argument. "Second, we're talking about 1 box of documents, about 500-600
pieces of paper, remember that's publicly available paper - - compared to
the 4+ boxes that were turned over."
Turning to face Wallace, she held up three fingers as she made her last
point. "Finally, the Captain pled guilty prior to the Board of Inquiry
hearing even beginning. He had a right to go through the Board process and
then an Article 32 Hearing and then a full trial. He didn’t do that.
Instead two weeks after the accident, before the discovery period even
ended he pled guilty and resigned. In exchange, the government promised
not to prosecute him and to provide him with separate civil defense
counsel. The government kept its word and is entitled to expect Captain
Wallace to keep his. Accordingly, the motion should be denied."
Having read both sides’ briefs and now having heard their arguments,
Admiral Morris rendered his decision. The Navy had made its case. "I find,
as a matter of law, that there was nothing nefarious about the inadvertent n
on-disclosure. A number of factors contributed to the happening of the
accident, but that even if the sonar wasn't working and even if the
information about the sonar's failure in other circumstances was not
otherwise publicly available, the non-disclosure would not have effected
the outcome."
Staring at Wallace, who would not meet his eye, Admiral Morris
continued, "There was ample evidence that Captain Wallace failed to
properly use the periscope and follow all safety procedures before
surfacing. Moreover, he chose to plead guilty with the advice of counsel,
albeit not present counsel, early in the process before the government had
the opportunity to produce all of the evidence it might have otherwise
disclosed. For all of those reasons, I find that the allocution was
factual and valid and knowingly made. It remains acceptable and the motion
is denied." Banging his gavel, the Admiral rose and all of the people in
his courtroom did too. The buzz was overwhelming as he strode off the
bench.
The Admiral congratulated Harm and Mac, as did the SECNAV, for maintaining
the integrity of the process and the dignity of JAG. There was little time
for more as the press was clamoring for Harm and Mac. Reluctantly, they
made their way out to the hallway to face the media.
Congresswoman Latham was already finished her interview with ZNN on the
outcome of the case. She waited while Harm and Mac wrapped up with Trial
TV. When the press’s appetite was finally satisfied and Harm and Mac were
left to themselves, she went over to congratulate them and clear the
air. “Nice job…as usual.” Turning to Mac, she said, "I didn't know about…”
The wave of her hand substituted for all the changes that had happened over
the last few months between Harm and Mac. “Otherwise I never would have
asked Harm out last Friday."
"It wasn't a date," Harm protested.
Sharing a knowing look, both simultaneously women joked, "You need better
information Commander/Harm."
*~*~*~*~*~*
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