Against All Enemies ps-4

by John G. Hemry

  Paul thought Commander Moraine was getting more confused by the moment, but Moraine nodded.

  "Good," Judge Campbell stated. "Do we need to restate the question again?"

  "No," Commander Moraine answered. "I didn't think Lieutenant Pullman acted like someone who was stealing classified material."

  Judge Campbell glared at Commander Carr and David Sinclair as if daring either to pursue the question further, then pointed her gavel at David Sinclair. " Please continue, Defense Counsel."

  "Thank you, Your Honor. Commander Moraine, you just recently took over command of the Operations Department on the USS Michaelson, isn't that correct?"

  "Yes." Moraine nodded rapidly.

  "When you took over command of that department, were you satisfied with the procedures in place? Were you satisfied that the department was functioning well?"

  "No." Moraine glanced around half-defiantly. "No, I was not. Things had to be tightened up, expectations had to be raised, performance had to improve."

  "Was it your impression that those changes had taken full effect at the time of Lieutenant Pullman's arrest?"

  "No! Of course not. They'll take time. Not too much time. I won't allow that. I don't ever expect my personnel to settle for substandard performance, but getting changes across and changing attitudes can't happen overnight even with the most dedicated leadership, if I may say so." Commander Carr gestured to Paul and whispered a question to him as he leaned close, listening intently to Paul's reply, but Moraine didn't notice as she concentrated on David Sinclair.

  David Sinclair nodded understandingly. "Of course, Commander Moraine. Then it's your professional opinion that the department suffered from performance problems. Security is an aspect of performance, isn't it, Commander?"

  "Yes," Moraine agreed warily.

  "If the department was suffering from a general problem with procedures and performance, wouldn't that mean security would also be impacted? That personnel would be unsure how to handle material properly and would make mistakes in their handling of material, perhaps through no fault of their own?"

  "Objection. Defense Counsel is leading the witness."

  "Sustained. Rephrase your question or drop it, Defense Counsel."

  David Sinclair bowed his head briefly to acknowledge the judge's order. "Yes, Your Honor. Commander Moraine, when you spoke of a general problem with procedures and performance, did that include the handling of classified materials?"

  Paul watched Commander Moraine's eyes shift. She's thinking that if she says there weren't any problems when she took over, then she'll be blamed for anything that goes wrong and won't be able to shift the blame to her predecessor. I know she's thinking that. Which means to cover her own butt she's going to say…

  "Yes. Yes, it did include that."

  David Sinclair nodded, speaking gravely. "It did include problems with handling of classified materials?"

  "Yes. That's what I said."

  "Thank you, Commander Moraine. No further questions."

  "Trial Counsel wishes to redirect." Commander Carr stayed at her desk and smiled again at Commander Moraine, but Paul noted that her arm muscles looked tight. "Commander, I want you to think carefully about what you just said regarding security procedures in your department. I want you to consider whether or not, on reflection, you really believe significant problems with the handling of classified material exist in your department."

  Moraine looked away from Carr, her eyes shifting again. "I don't… there were problems."

  "I'm not questioning your assessment that some problems may exist, but I do wish to clarify for the court whether you believe these are major problems, ones which could lead to serious violations of rules and regulations."

  Her eyes refusing to settle on Carr, Moraine nodded stubbornly. "The department's performance doesn't meet my standards as of yet. Problems exist, through no fault of my own."

  Commander Carr took a deep breath and Paul saw her body relax into what for some reason struck him as a fighting stance. He wondered what was about to happen to Commander Moraine.

  "Commander Moraine," Carr continued in an even voice, "you've just testified that the procedures and performance of the Operations Department did not meet your standards when you assumed command of that department."

  "Yes. That's the truth." Commander Moraine was wary, watching Commander Carr as if worried what her next question would be.

  "Commander, is it true that you have stated that you expect the equipment in your department to always work quote perfectly unquote and the personnel in your department to always perform quote perfectly unquote?"

  Moraine stared at Carr for a moment, then at Paul. Paul tried his best to look totally innocent and surprised by Carr's question.

  "Commander Moraine?" Carr prompted. "Have you stated that your standards insist on perfection in all aspects of your department's operation at all times?"

  Her expression still more stubborn, Moraine focused back on Carr. "Yes. I don't know if I used that exact phrasing, but I do have very high standards and I don't apologize for that. Not one bit. There's nothing wrong with expecting only the best from your personnel."

  Paul tried to look at the members' table without being obvious, trying to judge their reactions. Captain Nguyen was watching Moraine with a carefully bland expression. Lieutenant Mahris was doing his best to mimic Nguyen. Commander Sriracha and Lieutenant Commander de Vaca had their eyes on the surface of the table in front of them, and Lieutenant Kilgary was covering her eyes with one hand.

  Commander Carr nodded at Moraine's answer. "Do you agree that there is a very large gap between procedures and performance that fall short of 'perfect,' and procedures and performance which pose the threat of significant failures, let alone major failures?"

  "I don't accept that logic, Commander. I don't accept any lessening of standards or expectations. I have zero tolerance for an deviance from the very highest standards."

  "I see." Commander Carr canted her head as if interested in Moraine's words. "Commander Moraine, how many significant or major failures did the Operations Department suffer in the two years prior to your assuming command?"

  "I… I don't…"

  "Are you aware of any?"

  "Not… not at this time."

  "Aside from the case currently being tried here, how many significant or major failures has the Operations Department suffered since your assuming command?"

  "I… There haven't been…"

  "Any?" Carr prompted again. "Is it therefore reasonable to assume that the problems with procedures and performance to which you've referred were not of such severity as to pose significant risk of major failures?"

  Moraine's face set into lines of granite. "I'm not prepared to say that."

  "You're prepared to state under oath that serious problems existed in the Operations Department of the USS Michaelson prior to your assuming command and that those problems still existed as of 20 August? Even knowing that such an admission would surely trigger outside inspections of your department to ensure it can operate in a safe and effective manner?"

  "Objection, Your Honor!" David Sinclair had a wondering expression. "Trial Counsel is badgering her own witness."

  "I noticed that," Judge Campbell remarked. "Does Trial Counsel intend to continue this line of questioning?"

  Carr nodded. "I would like the court to instruct the witness to answer the question, since it addresses fundamental issues of the environment in which Lieutenant Pullman worked."

  "I agree. Objection overruled. The witness is directed to answer the question."

  Commander Moraine looked daggers at Commander Carr, who seemed totally unaffected. "I do not… believe… the problems were quite that severe."

  "Please answer yes or no, Commander Moraine. Were the preexisting problems with procedures and performance which you have testified existed in the Operations Department at least up until 20 August serious in nature?"

  "This is a complex question-"r />
  "Commander Moraine, when you relieved the prior Operations Department head and assumed command of that department, you signed a letter. The same letter every officer on a ship signs when they assume responsibilities for their division or department or ship, one which states you have assumed your duties and responsibilities. That letter is required to state significant problems, isn't it, Commander?"

  "Normally. Yes."

  "Did you indicate the existence of any significant problems in the Operations Department in that letter, Commander Moraine?"

  Moraine struggled, but finally got out one word. "No."

  "With the exception of the cases alleged here, were there any cases of mishandling of classified materials within the Operations Department of the USS Michaelson in the two years prior to 20 August?"

  "I…"

  "The collateral duty security manager of the USS Michaelson is still present in this courtroom, Commander Moraine," Carr stated, sweeping one hand back to point at Paul, who once again wondered how it was that today he kept getting singled out in the courtroom for that reason. "Shall I call him to the stand to answer that question?"

  "No! I'm not aware of any such cases."

  "Then is it accurate to state that there was no evidence of a pervasive, serious problem with the handling of classified material in the Operations Department prior to and up to 20 August?"

  "Yes!"

  "Is it also accurate to say that you have stated no concerns regarding the safe handling of classified material within the Operations Department to your superiors on the Michaelson? Well, Commander? Did you inform the Captain or Executive Officer of such concerns?"

  "No!"

  "Thank you, Commander. No further questions."

  Judge Campbell had continued regarding Commander Moraine with an interested expression. "Do the members have any questions for the witness?"

  Captain Nguyen looked around, her expression still carefully bland. "Anyone? No? No, Your Honor, we don't need to hear any more from this witness."

  Commander Moraine marched stiffly out of the courtroom, her eyes glaring at Paul briefly before she went past. Paul let out a long breath. If I wasn't transferring off the Michaelson I'd be toast. Talk about fortunate timing.

  Chapter Ten

  After the thrill and excitement of watching Commander Moraine's exercise in trying to ensure she wasn't held to fault for anything, the rest of the afternoon turned out to be as dull as Commander Carr had predicted to Paul.

  Expert witnesses were called who testified as to the exact content of security instructions and the proper procedures for handling classified material. Other experts were called, these the technicians who had swept the Michaelson for taps in the wake of Pullman's arrest. They'd found three, it turned out, one each in the captain's cabin, the executive officer's stateroom and Commander Moraine's stateroom. Paul found himself wondering what the odds were of a single stateroom holding two taps, one from NCIS and the other from a foreign source, at the same time. The second sweep a few days before this had turned up no new taps on the ship. Carr made sure that the fact that no new taps had been placed since Pullman's arrest was emphasized.

  "Could you determine the origin of the taps?" Carr asked the chief technician.

  "Not with one hundred percent certainty." The technician, whose eyes like everyone else's nowadays had perfect vision, still kept moving his hand as if fiddling with nonexistent glasses. "However, nano-scale analysis revealed a very high probability that they were manufactured at a facility in the South Asian Alliance." The technician then explained the nano-scale analysis in sufficient detail to threaten the entire courtroom with terminal sleeping sickness.

  David Sinclair, for his part, kept hammering away at every possible place to try to force holes in the government's case. No, the technicians agreed, they had nothing definitively tying the taps to Lieutenant Brad Pullman. No fingerprints, not even stray DNA from flakes of skin. Apparently the taps had been periodically changed out to allow the old ones to be returned to their makers and exploited, so there was no paper trail of material from the taps to Lieutenant Pullman or anyone else.

  But, Commander Carr was able to remind the courtroom again, no new ones had been placed since Pullman's arrest.

  Judge Campbell, releasing the last technical witness with almost obvious relief, tapped her gavel on her bench. "This court-martial is closed. It will reconvene at ten hundred tomorrow morning in this courtroom for the continuation of the government's presentation."

  After the judge and members had left the court, Paul finally let out the yawn that had been building for over an hour. Carr give him a weary grin. "I told it you wouldn't be that thrilling this afternoon."

  "Not after until my boss finished testifying."

  "Yes. Sorry about that. I gave her as many chances as I could to rebut her own statements about problems in her department. Did she think saying that would make her look good?"

  "By the time she was done, I'm not sure she knew why she was saying what she said."

  Commander Carr gave another grin. "I wasn't going to let her offer an out to Pullman. Your brother gambled that I wouldn't be hard on my own witness. He lost. It's obvious your brother is trying to build a defense that Pullman's actions were just ill-advised, not deliberately criminal."

  "Will it work?"

  "Not if I can help it. But given the physical evidence that exists, it's probably his best option. If he can't convince the members that somebody planted those coins on Pullman, he'll have to try to convince them that Pullman was just being stupid."

  Paul looked down, frowning. "Brad Pullman's not stupid. I think David will try to say Brad got over-eager and had one of those it-seemed-like-a-good-idea-at-the-time moments."

  Carr paused and gave Paul a thoughtful look. "Yes. It would match the rest of what's being said about Pullman. Thank you, Paul."

  He nodded. So here I am helping the prosecution. How do I know it wasn't a case of Pullman being too cocky, too eager to show how smart he was, being smart enough to do something he shouldn't but not smart enough to realize it'd get him in trouble? Like when he messed with those communications links? That's bad, but it's not espionage. It's not selling secrets to the enemy.

  "Have a good evening," Commander Carr added. "I expect we'll get a ruling from the judge tomorrow on whether or not we'll be allowed to enter that list of compromised classified material into evidence. If we do, we may see your captain on that witness stand again."

  "Do you think the judge will admit the evidence?"

  "I honestly can't make a call on that. Judge Campbell is very good at using her irascibility to mask her thoughts. We'll have to wait until tomorrow to find out what she's decided."

  The courtroom emptied rapidly. Paul, knowing he had to brief the captain on the rest of the court-martial events that day, hastened back to the ship. Hayes and Captain Agee were both in the Captain's cabin, doubtless discussing a few final issues on the turnover, when Paul arrived. They both listened attentively. When Paul came to Commander Moraine's testimony he had to strip his description bare of all but the most basic information. Both captains exchanged glances, leading Paul to wonder what opinions they might share on Commander Moraine, but of course neither one would ever express any negative evaluation in front of Paul.

  As Paul finished, Captain Hayes stood up, too. "I guess that's all for tonight." Hayes walked briefly with Paul as they left the Captain's cabin. "You'll be at the court-martial, tomorrow, again."

  "That's still Captain Agee's orders, sir?"

  "Yes. He'll be the only one getting briefed by you tomorrow evening." Hayes looked around. "It's very hard to believe that tomorrow I'll be relinquishing command of this ship to him. Hard to believe, but it'll be a tremendous weight off of my shoulders."

  "I wish I could be at the ceremony, sir."

  "You're needed in that courtroom. And you've been where I needed you when I needed you for about two years now, Paul. That's a lot more important than being
at the change of command ceremony. You got your final evaluation from me. Any questions?"

  "No, sir." The evaluation had been glowing, ranking Paul in the top one percent, and actually embarrassing him with its praise of him as an officer. "Thank you, sir."

  "There's nothing to thank me for. You earned it." Hayes extended his hand. "Good luck, Paul. Look me up when you get back."

  From Mars, he means. Paul shook the captain's hand, then watched him walk toward the quarterdeck. A few minutes later, Paul heard four strikes on the ship's bell in two pairs, then the announcement " Michaelson, departing." Very likely that was the last time Hayes would be bonged off the ship that way.

  It was getting fairly late and Paul was worn out. Worn out from today, and worn out from three years of this duty. I know exactly what Kris Denaldo meant when she talked about it. He wandered into the wardroom and found Ensign Taylor there, kicking back with some coffee. "Hey."

  Taylor raised her coffee in greeting. "Hey, yourself. Long time no see. Speaking of which, I saw our boss coming aboard after her little visit to the court-martial. She didn't seem like a very happy camper. Matter of fact, Commander Migraine looked ready to bite pieces out of the hull and spit them at people."

  Paul couldn't help smiling. "I can't imagine why."

  "I can. But I'd rather know the sordid truth. What happened?" Paul outlined the events in the court while Taylor smiled. "I wish I'd been there to see it. But then it was nice to have her out of my hair for a while." Taylor sighed. "You remember I finally gave her that code she's been bugging me for?"

  "Yeah. You thought it'd keep her busy for a while."

  "Oh, it's keeping her busy all right. The only problem is she wants me to sit down with her and go over that code line by line looking for 'errors.'"

  Paul didn't know whether to laugh or punch the bulkhead. "How many millions of lines of code are there?"