Author: Nancy
Disclaimer: JAG and characters do not belong to me. No money made
here.
Classification: Drama with all characters.
Rating: PG-13
Summary: Harm faces consequences for some of his "loose cannon"
behaviors.
PART 2
Harm tried to call Mac as soon as he reached his apartment, but her line was busy and she wasn't answering her cell phone. Determined to put his troubles aside, he drove out to the Leesburg airfield and worked on his Steerman for the rest of the afternoon.
When he arrived at home tired, but mentally more relaxed he found three messages on his answering machine. One was from Mac, another from Bud and the last was from the Admiral asking him to return his call immediately. Before he could pick up the phone, it rang. Bud's voice resonated. "Commander, good I've been trying to reach you all afternoon."
"I was at the airfield working on Sarah."
"Sir? Oh yea, your plane."
"What's up Bud? I have to return the Admiral's call."
"You haven't talked with him yet."
"No. you know something I should know?"
"Charges have been filed against you and Colonel Mackenzie, Sir. I'm sorry."
"What charges Bud! We haven't done anything wrong."
"Apparently someone believes you have. I've been assigned to represent you, if that's okay with you."
"Of course Bud, but what about Mac?"
"Commander Turner is representing her. The Admiral felt that it would be best if you were represented separately. We will need to meet in the morning before we have to meet with the Admiral, Captain Sebring and NCIS. "
"Sure Bud, and Bud...thanks."
Harm picked up the phone and dialed the Admiral's number to which he pretty much received the same information that Bud had given him. The Admiral's voice was clipped and emotionless. That seemed to concern Harm more than the message.
Instead of calling Mac, he picked up his keys and headed out the door. When he reached her apartment, she didn't seem surprised when she opened the door. "Come on in." She opened her door wider.
"I guess you've heard." Harm collapsed bonelessly into her sofa.
"I've already met with Sturgis."
"Mac, where did you get the idea to look up the information on Jeffers?" Harm asked fighting the thought that maybe she had come into his office and inadvertently seen something that could have tipped her onto Jacobs' troubles.
She looked at him sharply before responding. "A lucky or maybe a not so lucky hunch."
"You never saw that note."
"You think I went through your desk?" Her response was cold.
"I just thought maybe you accidentally saw it. Sorry, I know how that must have sounded. I know you wouldn't do anything unethical, much less use our friendship." Harm looked remorseful and frustrated at the same time.
"Apology accepted and the answer is, no, but I can't prove it, just as you can't prove it either. It's our word against whoever believes we compromised the case." Mac looked to him and shook her head mirroring his frustration.
Harm rubbed the bridge of his nose. "Jacobs' thought I did and made his opinion known in the hallway outside the courtroom with who knows how many witnesses."
"But where did the note come from?"
"I wrote it Mac, but I thought I threw it away. Someone must have found it in my trashcan."
"I would accuse Singer, but she's TAD." Mac chuckled mirthlessly.
"What does Sturgis think?" Harm asked.
Mac seemed to ignore Harm's question and instead stood up. "Want some coffee?"
"Sure." Harm frowned and followed her into her galley style kitchen.
"Damn, I forgot to buy milk, will black be alright for you?"
"Mac why do I think you are evading my question." Harm reached out and took her arm.
"He doesn't have any doable suggestions at the moment."
"What about the ones he has?" Harm turned her so that she was facing him.
"Harm, why don't we just table this until you've had a chance to meet with Bud."
Harm examined her expression with a frown. "Sturgis thinks that you should bail out and let me deal with it."
"Harm." Mac sighed. "That is not going to happen."
"It would make sense. You were just doing your job, while I was the one who allegedly breached client attorney confidentiality causing my traumatized client to end his life." Harm spoke slowly without making eye contact.
"That is not going to happen!" Mac looked at Harm with a mixture of shock and hurt.
"Mac, unless we can prove otherwise this looks pretty hopeless." Harm reached up and touched her cheek gently.
"We're in this together." Mac reached up and squeezed his hand giving him an encouraging smile.
"Together." Harm smiled weakly.
*******
The meeting was a blur as the charges were explained with evidence placed before Harm and Mac. Affidavits from a half a dozen witnesses testified that Jacobs' accused Harm of compromising his case. The most damning piece of evidence was Harm's written note that had his words 'check out Jeffers, Jacobs' high school buddy'. What Harm didn't remember was that also on the note he had written 'call Mac' on the same note.
The Admiral remained stoic throughout the meeting while the NCIS stared contemptuously at Harm. Captain Sebring appeared to look more disappointed than anything else. Bud winced when he saw the note while Sturgis tried to remain emotionless. "You don't have to respond to these charges Commander, Colonel, but you realize the seriousness of this situation. We would welcome any evidence you may have that would clarify this situation."
Sturgis jumped in, "My client wishes to exercise her right to remain silent."
Harm opened his mouth only to have Bud express the same message.
"In cases like this, the plaintiffs can bypass the article proceedings and go directly to court-martial." Captain Sebring explained.
Sturgis and Bud looked to Harm and Mac who nodded reluctantly.
*********
Bud sat in the conference room with Harm and the prosecutor team from San Diego. They were to meet separately with Sturgis and Mac. Harm was feeling uncomfortable with the extent that everyone had pushed to keep them separate.
"This is the deal Commander. Loss of rank, suspended license to practice law and a year of confinement." The JAG officer spoke without emotion.
"What kind of deal is that!" Harm huffed.
"A young man died as a result of your flagrant violation to your duty Commander! You're lucky I didn't push for wrongful death and have your ass in Leavenworth for five years!"
"I didn't break attorney client privilege." Harm stood up seething in anger.
"Oh everyone knows you and Colonel Mackenzie have a thing going on. When you found out Jacobs was guilty, you couldn't stand that, so you used Mackenzie to insure that your own version of justice would be served. You have a reputation for being a loose cannon, well it looks like this time it back fired on you!" the young prosecutor threatened viciously as the two men stood inches from one another ready to start throwing punches.
"Commander Reynolds don't you think that is a little harsh," Bud interrupted trying to sound like the voice of reason as he carefully pushed his irate client back to his chair.
"The deal's on the table, you have until 0900 tomorrow." Reynolds said dryly and walked out with his younger assistant.
"We'll just have to go to trial." Harm paced the conference room. "Someone planted that note in Mac's office, and we'll just have to find out who did it and prove that the case was never compromised. Who gave the note to the Admiral anyway? Maybe he or she has a grudge against me."
"Commander before you make your decision, I think you should know more about how the note was discovered since we're going to trial." Bud winced.
Harm turned and looked questioningly to his friend and council.
"Admiral Chegwidden found the note."
Varied emotions bubbled up with Harm from shock to confusion. "The Admiral?" He managed to sputter out in disbelief.
"He went into Colonel Mackenzie's office to pick up the file on the Williams case and found the note in the file. Sir, it was a new case and never worked on that case." Bud added.
"Bud, I don't know how the note got in that file, but I can assure you that I did not give Mac any confidential information." Harm replied defensively.
"Could it be possible that the Colonel found the note?" Bud asked.
"She wouldn't. She would not compromise a case. Someone put the note there." Harm replied adamantly. "Maybe it was an accident."
"There seems to be too many consequences that look, look...our case does not look good at the moment." Bud added.
"You do believe me Bud?"
"Sir, I believe that you are a good and honorable man."
"But."
"We need to get to work, Sir."
********
Sturgis sat with Mac in the conference room as Reynolds presented them with a deal.
"The Colonel testifies that Commander Rabb gave her the information linking Jacobs to Jeffers, and she walks away with only a reprimand in her record."
Mac rolled her eyes and glared at the JAG officer with disdain. "Do you think I would lie to cover my ass!"
Reynolds chuckled dryly, "I take that as a no. But before you try to cover for your boyfriend I would look at the long term consequences Colonel."
"You are out of line Commander and my relationship with Commander Rabb has been nothing but appropriate within this chain of command!" Mac's eyes flared angrily.
Sturgis spoke up, "Could I have some time to confer with my client."
Mac looked at Sturgis in disbelief. "There will be no deal Sturgis."
"The deal's on the table until 0900 tomorrow." Reynolds snapped his briefcase closed before bristly leaving the room.
"Sturgis, there is no way I would consider a deal like that!" Mac spat.
"Mac, stop and think about this. Harm was struggling with his client's guilt. Maybe he was planning on giving you the information."
"Sturgis, Harm would not do this. Harm did not do this." Mac responded emphatically. "But you think he did," she spoke with pain in her voice.
"It doesn't matter what I think, I am here to protect my client's rights." Sturgis answered blandly unable to maintain eye contact. "I think you should take the deal."
Mac turned and looked at him sharply and then swallowed, "What if I went into Harm's office and found the note and acted upon it? What if I testified to that?"
"You falling on your sword to protect Harm?" Sturgis shook his head in disbelief. He studied the look of determination in her expression. "Mac, don't."
She crossed her arms and turned away silently looking out the window.
"You really do love him." Sturgis murmured softly.
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