Against All Enemies ps-4

by John G. Hemry

  "Thank you, Captain. No further questions."

  Captain Nguyen rubbed her chin as if thinking. "Captain, do you have reason to think that Lieutenant Pullman would've had any reason to doubt your attitude on violating major regulations?"

  Hayes shook his head. "No. Not a one."

  "Have you ever done such a thing while in command of the Michaelson?"

  "Taken an action in violation of regulations, do you mean? No."

  "I hesitate to bring this up because of the sensitivity of the issue, but during the recent engagement in which South Asian Alliance warships fired upon a civilian settlement, you moved your ship to block the other warships' line of fire. Can you state unequivocally that such an action was permitted by your orders?"

  Hayes nodded, his eyes hard. "Yes, I can."

  "And in keeping with Naval regulations and instructions?"

  "Yes. And in keeping as well, I hope, with the traditions of the service." Hayes paused, then added, "Captain, my actions in that incident have been reviewed by both the fleet and the area commander. Both have approved of my actions."

  Nguyen nodded. "Were your officers aware that your actions were within the scope of your orders?"

  "Yes, they were. I can't go into details, but my officers can all testify that I did not exceed the scope of my orders as both they and I understood them."

  Lieutenant Commander de Vaca gestured for attention. "Captain Hayes, have there been any incidents on your ship of mishandling classified materials? Besides the one being tried here, I mean."

  Hayes' eyes narrowed in thought. "One or two. Minor incidents involving individuals exposed to classified materials that they weren't cleared for. They were dealt with appropriately. I know we filed the necessary reports. My ship's collateral duty security manager can no doubt provide you with the details if you need them."

  "Is your ship's security manager reasonably available for questioning, sir?"

  Hayes pointed at Paul. "Lieutenant Sinclair. He's right there."

  Paul sat straight as he became the center of attention of the courtroom. This was the last thing he'd expected to be singled out for.

  Judge Campbell raised one eyebrow and eyed Paul. "Does the member wish Lieutenant Sinclair to be sworn in as a witness to testify regarding this issue?"

  De Vaca, after recovering from his surprise, shook his head. "I don't believe that will be necessary. Captain Hayes, am I correct in assuming that your ship has not been formally cited for security violations while you have been in command?"

  Hayes gave a thin-lipped smile. "Yes. That is correct."

  "Then I see no need for your security manager to testify to the same fact. Thank you, Captain."

  Lieutenant Kilgary had looked very briefly amused as Paul was singled out, but otherwise had watched Captain Hayes testify without visible emotion. Still, Paul was certain she had no doubts about his testimony. Kilgary had respected Hayes when she'd been on the Michaelson and could be expected to rebut any private challenges among the members over his testimony.

  Captain Hayes left the court with a single nod to Paul.

  Judge Campbell checked the time. "I believe this is an appropriate point at which to break for lunch. This court-martial is closed and will reconvene at thirteen hundred in this court-room."

  "All rise," the bailiff ordered as the judge and the members left the courtroom through their separate doors.

  Paul stretched, realizing only now how stiff he was from sitting. He looked over toward the defense table, where both Lieutenant Owings and David Sinclair were speaking to Lieutenant Pullman. Brad Pullman appeared not in the least concerned about the morning's testimony, continuing to display a kind of cheerful confidence.

  Paul shook his head and looked to where Commander Carr was just finishing stretching as well. "That seemed to go pretty well," Paul noted.

  Carr glanced his way and smiled. "Well enough. The only big hitch is that issue over the list of classified materials. I'd hoped it wouldn't be a problem, but expected it would be if your brother did his job defending Lieutenant Pullman."

  "You expected the defense to cause problems over that evidence?"

  "Sure." Carr sighed. "It's a problem during every trial involving classified information. Somebody has to decide how many secrets we're willing to compromise in the name of protecting our secrets and punishing those who compromised secrets. It wouldn't make much sense to cause serious damage to our intelligence collection capabilities in the name of protecting them from espionage. Your brother knows that, so he's trying to hammer at that weak link and force the government to either disclose more or let that evidence drop."

  "I'm guessing you're not the one deciding how much to disclose."

  Carr gave a half-smile. "Right. I push for disclosing as much as possible so we can ensure a conviction, the intelligence types push for disclosing as little as possible so they can protect their secrets, and someone higher then either of us decides where to draw the line between those two positions. Fortunately, I was granted enough slack to agree to things like this special briefing for the judge."

  "What'll happen there? Can you tell me?"

  "I don't see why not. The briefers will give the judge as much information as they want to and see if the judge is satisfied. If the judge demands more, they'll try to provide just enough more. The problem will come if we reach a point where the judge still isn't satisfied and the briefers refuse to disclose any more. Then either someone higher up orders the briefers to give more or the judge rules the evidence inadmissible."

  "How bad will that be for the government's case?"

  She shrugged. "I can live with it. I'd rather not, but the coins we caught Pullman with constitute very strong evidence of espionage in and of themselves. The defense can chip away at the government's case, but they can't do much about the foundation of it except try to generate doubt at every possible point." Carr smiled again. "Not that I'm going to sit back and let them do that." She checked the time again. "I've got some things to run down. See you at thirteen hundred, Paul."

  Paul didn't feel very hungry, and feared eating too much would make him sleepy for the afternoon in court. He dreaded falling asleep and being publicly upbraided by the judge while David was in the same room. So he grabbed a snack and a big coffee from the nearest take out and sat on a convenient bench, eating slowly and watching the foot traffic go by. The outfits didn't vary that much. Almost everyone on Franklin was either in uniform or wearing an outfit associated with civilian contractors. Here and there, the clothing of ordinary civilians visiting the station made bright spots of color amid the crowds of workers, flitting in and out of sight like a few tropical birds racing through a forest of trees with bland trunks and foliage.

  He'd pretty much stopped paying attention to the crowds some time ago, except as obstacles to his own movement and a possible source of superior officers he'd need to salute. Now he took a good look again, thinking that within a few more days he'd be gone from Franklin. I wonder how Mars looks compared to this?

  Twenty minutes prior to 1300 he was back in his seat in the courtroom. "Hey, bro."

  Paul glanced up at his brother. "Hey."

  "Having fun?"

  "It's interesting."

  "Yeah." David Sinclair grinned. "Very. I saw you talking to the trial counsel. Were you guys plotting strategy against me?"

  Paul just smiled back. "Maybe."

  David's smile faded. "Seriously. You don't have to tell me, but I'm wondering. Are you convinced about Pullman or is the jury still out for you?"

  I don't have to tell him. Maybe I shouldn't. But it's a reasonable question and I can't think of any reason not to be honest. "I'm very aware of the evidence against him, but my jury hasn't quite made up its mind, yet."

  "Fair enough." David nodded greetings at Commander Carr as she walked up to the trial counsel's table, then he headed for the defense head.

  Carr gave David Sinclair a look then glanced at Paul. "How's the family reunion g
oing?"

  "Not bad. But you know the big problem with family reunions."

  "No."

  "Lots of relatives always show up."

  She laughed, drawing looks from those entering the courtroom. "That happens at my family reunions, too. Unfortunately, unlike family reunions this afternoon probably won't be too exciting, Paul. Except for the first witness."

  Precisely at 1300 the bailiff once again ordered, "All rise," and everyone waited as first the judge, then the members, reentered the courtroom. "This court-martial is open," Judge Campbell declared. "Proceed with your case, Trial Counsel."

  "Thank you, Your Honor. The United States calls as its next witness Commander Angie Moraine."

  Paul tried not to flinch at the prospect of watching Commander Moraine watching him in the courtroom. He didn't look as Commander Moraine strode rapidly down the aisle, her eyes apparently fixed on the witness stand.

  Commander Moraine sat so stiffly she seemed rigid, except for her hands which seemed to be always on the verge of tapping on the keys to a nonexistent data pad. Her face was pale, her eyes darting from point to point. Commander Carr walked toward with her with slow, gentle steps, as if approaching a horse liable to panic and bolt at any moment. "Are you Commander Angie Moraine, United States Navy, currently assigned as Operations Department Head on the USS Michaelson?"

  Moraine nodded rapidly. "Yes. I am."

  "What was your command relationship with Lieutenant Pullman?"

  "Lieutenant Pullman was, briefly, the ship's communications officer. In that capacity, he was one of my division officers."

  Carr smiled encouragingly. "Then you were Lieutenant Pullman's immediate superior?"

  "That's correct."

  "Did you ever in any way, shape or form, order or instruct Lieutenant Pullman to carry out downloads of classified material in defiance of regulations?"

  "Objection." David Sinclair gave Commander Carr a slightly sour look. "The question is phrased in a prejudicial manner."

  "My apologies," Commander Carr offered. "I will rephrase the question. Commander Moraine, did you ever in any way, shape or form, order or instruct Lieutenant Pullman to carry out downloads of classified material contrary to regulations?"

  Commander Moraine fixed a tight stare on Commander Carr, as if unsure whether or not she herself was being accused of wrongdoing. "No. Certainly not. If Lieutenant Pullman said-"

  Carr held up a restraining hand while still radiating reassurance. "Please, Commander Moraine. Just answer the questions put to you. If I require elaboration, I'll ask for that. Now, to the best of your knowledge, did you ever in any way, shape or form, lead Lieutenant Pullman to believe that you desired him to carry out downloads of classified material contrary to regulations?"

  "No!"

  "How would you describe Lieutenant Pullman's performance while he worked for you?"

  Moraine hesitated again, obviously thinking this time. "There weren't any major problems. The Communications Division got its job done."

  "How about his behavior?"

  This time Moraine's face darkened slightly. "No major problems," she repeated. "A bit overconfident, but otherwise he was like my other division officers. They all needed to be whipped into shape." As if against her will, Moraine's eyes came to rest on Paul for a moment as she frowned.

  "Overconfident?" Carr questioned. "So Lieutenant Pullman didn't display or express any nervousness about carrying out his job or responding to instructions?"

  "No. He'd just say 'yes, ma'am' and he'd do it."

  "Did he ever ask for elaboration or additional details in order to carry out his orders if he wanted to ensure he understood what was required?"

  "Sometimes. Yes."

  "And did he ever display any unfamiliarity with security requirements?"

  "No. Not that I recall."

  "Did he ever ask you to provide him with security guidance because he was unsure of proper procedure?"

  Commander Moraine seemed to be relaxing slowly under Carr's gentle guidance. "No, no. Very sure of himself. Almost cocky, I'd say. That was my impression of Lieutenant Pullman."

  "Then Lieutenant Pullman didn't express uncertainties about any aspect of his primary responsibility or of his other duties onboard the ship?"

  "No. If anything, he acted like he was bored by instruction and training. As if he already knew everything. You know the type."

  "Yes, Commander Moraine, I think I do. How did Lieutenant Pullman respond to job taskings?"

  "Excuse me? I don't quite understand the question."

  "If you gave Lieutenant Pullman a job to do, how did he respond?"

  "He did it. Did it well enough, I suppose."

  "Did he ever display or express a sense of urgency? A feeling that he had to get the job done and done quickly out of concern that you or the captain would react adversely?"

  Moraine's lip curled. "No. That wouldn't be Lieutenant Pullman. He did jobs quickly because he could, I think, not because he felt any concerns."

  "In your experience, did Lieutenant Pullman ever violate rules, regulations or procedures because he felt he had to in order to complete an assigned task?"

  "I don't know of any such incidents. None were reported to me. I haven't been informed of anything like that. I certainly never would've approved of it!"

  Commander Carr spoke soothingly to the once-again agitated Commander Moraine. "Thank you, Commander. No further questions."

  David Carr also smiled as he approached the witness stand. "Commander Moraine, you just testified that in your estimation Lieutenant Pullman acted 'overconfident' and 'cocky.' Is that correct?"

  "Yes. Yes, it is."

  "Then would it be fair to say that Lieutenant Pullman did not act like someone with something to hide? That he didn't act like someone fearful of being caught doing something improper?"

  Moraine froze again, her eyes staring at David Sinclair. Then she nodded with obvious reluctance. "Yes."

  "Is it fair to say that in your opinion Lieutenant Pullman didn't act at all like someone deliberately committing acts of espionage against his country?"

  "Objection." Commander Carr gestured toward the witness stand. "Defense Counsel is asking the witness to speculate on matters beyond her personal experience and knowledge."

  "Your Honor," David Sinclair insisted, "this is a reasonable request for the opinion of Lieutenant Pullman's immediate superior."

  "Trial Counsel is willing to accept such an argument if Defense Counsel can demonstrate expert knowledge on the part of the witness."

  Judge Campbell looked at Carr with a questioning expression. "What expert knowledge would Trial Counsel be referring to?"

  "Defense Counsel asked if the witness recognized behavior similar to someone committing espionage. Trial Counsel submits that Commander Moraine has not testified to ever having before encountered someone committing espionage, and therefore doesn't have any experience to use in determining how such a person acts."

  "That's a good point, Trial Counsel. The witness is directed to inform the court of any cases in which, to her knowledge, she has worked with an individual or individuals who were later shown to be committing espionage."

  Moraine stared up at the judge. "I… don't know of any, ma'am."

  "Your honor." David Sinclair held up his hands in gesture beseeching understanding. "Commander Moraine is an experienced officer. She has worked around and observed many different people for years in her career as a Navy officer. Surely she should be able to judge whether an individual is displaying signs of committing espionage."

  "Trial Counsel is curious as to what those signs might be," Commander Carr offered.

  Paul remembered the list of items he'd been shown by NCIS before he wore the wire. Obviously, NCIS felt it had identified behavioral characteristics of spies. But then, as far as Paul could tell, Brad Pullman hadn't matched those characteristics despite being later caught with physical evidence of sabotage. Did that mean Brad was somehow probably innoc
ent? Or did it mean the behavioral characteristics weren't actually all that definitive?

  David Sinclair gave Carr a flat look in response to her statement. "Perhaps I can rephrase the question to satisfy Trial Counsel's objection?"

  Judge Campbell nodded. "You're welcome to try."

  "Thank you, Your Honor. Commander Moraine, is it fair to say that in your opinion Lieutenant Pullman didn't act at all like you would expect someone to act if they were deliberately committing acts of espionage against their own country?"

  "Hmmm." Judge Campbell pointed to Carr. "Trial Counsel?"

  "Trial Counsel will withdraw her objection on the stipulation that Commander Moraine's personal expectations of how someone committing espionage would act are not grounded in any practical experience or special knowledge, and are therefore purely speculative."

  "Very well. The witness is directed to answer the question."

  Commander Moraine glanced around in confusion. "Which question?" David Sinclair repeated it. "Oh. I don't think so. That is, Lieutenant Pullman didn't act like I would've suspected a spy to act."

  "Objection." Commander Carr smiled apologetically at Commander Moraine. "Lieutenant Pullman is charged with espionage, not spying. The witness's response must deal solely with someone committing espionage."

  "Sustained." Judge Campbell, her elbow on the bench and her chin on her hand, looked down at the witness stand. "Does the witness know the legal difference?" Commander Moraine shook her head. "A spy acts clandestinely or under false pretenses," Campbell explained. "That is, they're lurking, using a false identity, pretending they're someone else. Members of the armed forces in uniform aren't spies unless they put on a disguise and act under false pretenses. Lieutenant Pullman is charged with espionage, not spying, because he is not charged with acting under false pretenses. He isn't charged with pretending to be someone else in the commission of his alleged crime. He wore his proper uniform and presented himself as Lieutenant Pullman. Do you understand?"

  "I think so, Your Honor."

  'Therefore Defense Counsel's question, which is taking up a remarkable amount of time in this court and requiring no end of elaboration, pertains specifically to how you would expect someone to act if they were wearing their uniform and displaying their true identity while also working to deliver classified material to a foreign entity. Is that clear?"