Against All Enemies ps-4

by John G. Hemry

  "Too many. And Migraine don't know code worth a damn so she can't really identify problems with it."

  "How much time have you wasted on this?"

  Taylor chuckled. "Not much. See this key?" she asked, pointing to her data pad. "I push this and my chief knows to call me with word that a critical piece of equipment just broke and I've got to get there real fast and help look at it." Taylor leaned back and looked upward. "It's downright amazing how many pieces of critical equipment I've had breaking lately."

  Paul sat down, shaking his head. "And I'm leaving my division under her command. Not to mention you."

  "Not to worry. I can take care of myself, your relief Shwartz has her stuff together and the new guy they sent in to take Pullman's place looks like he's at least halfway intelligent. We'll keep things together."

  "But you'll have to put up with Moraine for at least another year!"

  "No, we won't." Taylor shook her head, then took a meditative sip of coffee. "I've seen Moraine's type before. Had a division officer a lot like her once. Commander Migraine's gonna self-destruct just like he did. People like that always do. I give her another couple of months and she'll either have a breakdown or screw up so bad she'll be relieved for cause."

  "Really?" Paul stared at his coffee for a moment. "I know it's dumb, but I hate to see that happen to someone."

  Taylor shrugged. "It's a waste, if that's what you mean. But Moraine get herself on this path a long time ago. You and me tried to straighten her out, remember? Didn't work, even though you were so diplomatic about it I wanted to slug you a few times. I guess they teach you that diplomatic stuff at the Academy, huh? In the same classes where you learn to drink tea with your pinky finger out?" Taylor shifted her grip on her coffee, holding it with absurd delicacy, her pinky finger extended.

  Paul laughed. "I think they got rid of the pinky finger classes back in the twentieth century."

  "Are you sure? I could've sworn I saw some Academy graduates drinking their caffeine-free herbal tea that way just the other day. It makes it real easy to see their rings." Taylor waved her coffee around. "Like this. 'Yoo hoo! I'm an Academy graduate! Look how well eddicated and well mannered I are!'" She pretended to pick her nose with her ring finger, then extended the digit. "'Yoo hoo! Are there any lowly enlisted people around to dispose of this for me?'"

  "I could offer a few suggestions on what you could do with it yourself," Paul offered.

  "But you won't because you're still too well-mannered despite my best efforts. Well, even though I haven't been able to corrupt your young soul too much, I hope some of me rubbed off on you."

  "I hope so, too." They toasted each other with their coffee.

  "All rise." Paul and the others in the courtroom stood to attention. After the judge and members had entered and everyone else had been given permission to sit down again, Paul looked around, trying to gauge how things were going. Commander Carr seemed quietly confident, but then she always seemed to try to project that image in court. Paul didn't know Lieutenant Owings well enough to read his expression or body language, and David Sinclair simply displayed a sort of calm determination. Brad Pullman was the only one whose mood was easy to figure out, his confident smile and posture unaltered by events in the courtroom so far. Paul couldn't help wondering what as-yet-undisclosed defense evidence or tactic of sufficient power existed to justify Pullman's attitude.

  "This court-martial is now open." Judge Campbell looked around as well. "Prior to Trial Counsel resuming her presentation of the government's case, the court will issue its ruling regarding the admissibility into evidence of a list of classified material identified as having been compromised to foreign entities. As a result of being provided additional information regarding the means by which the list was compiled and the criteria used to place items on that list, it is the opinion of this court that the means used are sufficiently unbiased and certain to constitute matters of fact. Therefore it is the ruling of this court that the list be entered into evidence."

  David Sinclair stood. "Your Honor, Defense Counsel wishes to register a protest regarding this decision. While not questioning the judgment of the court or implying partiality, the fact remains that only Lieutenant Pullman's lawyers have a primary interest in obtaining the best result for their client. Yet neither Defense Counsel nor his assistant have been allowed to directly examine or question the means and criteria used in compiling this list. The decision to exclude Lieutenant Pullman's legal representatives from this process can only act to the prejudice of Lieutenant Pullman. Defense Counsel formally requests that the court reconsider its decision and allow Lieutenant Pullman's representatives a role in evaluating the nature of the list in question."

  Judge Campbell listened without displaying any reaction, then simply nodded. "Defense Counsel's protest and request are noted and will be part of the record of this trial. However, the court will not reconsider its decision. In matters of national security due deference must be paid to the need to protect intelligence sources and methods. It is the judgment of this court that in the case of this list, such deference does not act to bias the case against Lieutenant Pullman. I might add that the court has a high degree of confidence that higher levels of judicial review will concur with this judgment."

  David Sinclair's mouth tightened, but he nodded and sat down. Brad Pullman leaned over and whispered something to his lawyer while displaying a reassuring expression. David Sinclair nodded sharply and focused on the judge.

  Paul watched the interplay, wondering if he'd really seen a flash of irritation on his brother's face when Pullman had spoken to him. I saw it and recognized it, I think, because I grew up with David. Nobody else probably noticed. I wonder why David's annoyed with Pullman?

  Judge Campbell tipped her gavel toward Commander Carr. "Proceed, Trial Counsel."

  "Thank you, Your Honor. The United States recalls as its next witness Captain Richard Hayes."

  Paul watched in surprise as Hayes came up the aisle again. Carr must've had him standing by in case she won the ruling on introducing the list into evidence.

  "Captain Hayes, I'll remind you that you remain under oath. I'm going to revisit some testimony which we couldn't complete at your last appearance. When you were informed by NCIS representatives that classified material had been compromised to a foreign entity, did NCIS identify specific items which had been compromised?"

  Hayes nodded. "They did."

  "For the benefit of the members, I'll explain that those items are contained on the list which the court has just entered into evidence. Captain, was one of those items your ship's operational orders for your last underway period?"

  "Yes, it was."

  "What was the classification of those orders?"

  "Most of it was at the Secret level, but there were two Top Secret annexes."

  "Top Secret being the classification used to protect information whose disclosure is defined as that which would cause exceptionally grave damage to national security?"

  "That's right."

  Commander Carr was standing directly in front of Captain Hayes, her arms crossed. "Can you tell the court the general nature of the information contained in those two Top Secret annexes?"

  Hayes nodded again. "One was an intelligence assessment, and the other was our rules of engagement."

  "What, in general, did the intelligence assessment deal with?"

  "Our assessments of the capabilities and intentions of the other foreign powers who'd be operating ships at the illegally settled asteroid."

  "What about the rules of engagement? What does that deal with?"

  Hayes frowned in thought for a moment. "Basically, the rules of engagement tell us what we're allowed to do and how we're allowed to do it. They set the limits on our actions."

  "Then by gaining access to your operational orders and those two annexes, someone would know what you expected them to do, and would know exactly what you were not allowed to do. Is that a fair summation?"

  "Y
es." Captain Hayes nodded heavily. "Yes, it is."

  "What is your personal assessment of the actions of the warships of the South Asian Alliance during the engagement at the asteroid?"

  "Objection." David Sinclair frowned at Carr. "Trial Counsel is asking the witness to speculate as to the state of mind of other individuals."

  "Your Honor, I am asking the captain to provide us with his professional assessment of the manner in which the South Asian Alliance warships were observed to operate. I am not asking him to speculate as to the state of minds of the officers on those ships. I am only asking his impressions of their observed actions."

  Campbell frowned as well. "It seems to this court that Trial Counsel's question is permissible."

  David Sinclair gestured toward Captain Hayes. "Your Honor, how can the witness know what other ships intended? He can only speculate."

  Captain Nguyen at the witness table cleared her throat. "Your Honor, if I may."

  Judge Campbell nodded. "Please do."

  "Operational commanders routinely have to judge the intentions of other ships by observing their actions. It's a major part of their training and experience. It's very common not to have direct knowledge of what other ships or forces intend."

  "Then you regard Trial Counsel's question as falling well within the professional expertise of Captain Hayes?"

  "Definitely, Your Honor."

  "Very well. That makes two of us. Objection overruled."

  Carr nodded gravely. "Thank you, Your Honor. Captain Hayes, what was your impression of the actions of the South Asian Alliance warships during the engagement at the asteroid?"

  Hayes reddened slightly, apparently still angered by the memory. "My impression, and it was a very strong impression, was that they felt they had a free hand."

  "A free hand, sir?"

  "Yes. They acted like they knew exactly what they could get away with, and exactly where to draw the line."

  Carr began pacing back and forth in front of the witness stand. "Given what you've learned subsequently, that your orders had been compromised, do you believe that they acted they way they did because they knew what orders you were operating under?"

  "Yes."

  "That they felt free to act in the manner they did, bombarding the settlers on asteroid and destroying the hijacked freighter, specifically because they knew the limits on your ability to respond?"

  "Yes. I have no doubt of that at all."

  "Did the NCIS representatives tell you how they believed your orders had been compromised?"

  "They did." Hayes' expression had hardened as the questions dealt with events at the asteroid, and he steadfastly avoided looking toward Pullman. "They revealed that a batch of documents had been delivered to the South Asian Alliance on approximately 16 June."

  "Just prior to your ship getting underway?"

  "That's correct. A coded identifier on the copy of the orders in the possession of the South Asian Alliance indicated it was the same as the identifier on the orders sent to my ship."

  "Meaning the copy in the possession of the South Asian Alliance had to have been copied from the orders sent to your ship?"

  "Yes." Hayes took a deep breath, as if trying to calm his anger. "The NCIS representatives also informed me that another delivery of documents had been made to the South Asian Alliance on 2 August."

  "Immediately following the return of your ship to Franklin Naval Station?"

  "That's correct."

  "Did those documents also have identifiers indicating they'd been copied from your ship's systems?"

  "They did."

  "What did you conclude from this?"

  "That someone on my ship had been downloading classified documents and providing them to the South Asians."

  "What was your reaction to this conclusion, Captain?"

  "I was… upset. I agreed to cooperate with NCIS in attempting to identify whoever was responsible."

  Carr stopped pacing and faced Captain Hayes again. "Captain, was that your primary motivation? To identify the one responsible?"

  Hayes seemed surprised by the question. "Of course."

  "Not just find someone to blame. But find the one responsible."

  "I see what you're driving at now. Yes. I made sure NCIS understood I wanted that investigation conducted in such a way that we caught the one responsible, not anyone else."

  "Do you believe the investigation was indeed conducted to avoid catching anyone innocent and ensure the apprehension of the guilty party?"

  "That's what I did my best to ensure."

  "Do you believe it succeeded in that?"

  "Objection. Opinion."

  "I withdraw the question," Commander Carr stated before the judge could rule on the objection. "No more questions."

  David Sinclair regarded Captain Hayes. "Welcome back, Captain. This identifier which you say indicated the classified documents had come from your ship. Did that identifier specify where on your ship the document had come from?"

  "No."

  "Did it specify who had accessed the message and downloaded it?"

  "No."

  "Is it fair to say that nothing on those documents in any way connects them to Lieutenant Pullman?"

  Hayes considered the question, frowning again. "No. It's not fair to say that. The documents came from my ship and Lieutenant Pullman was caught illegally downloading and removing similar documents from my ship. I regard that as a connection."

  David Sinclair didn't let any disappointment show. "Captain, let me narrow my question. Did anything on those documents say they had been downloaded by Lieutenant Pullman?"

  Hayes thought again before replying. "No."

  "Did anything on those documents say they had been delivered to a foreign entity by Lieutenant Pullman?"

  "No."

  "When the unfortunate events took place at the asteroid, did you see any actions or reactions by Lieutenant Pullman which you would interpret as signs that he knew what the South Asians intended? Did his reactions differ in any way from those of the rest of the crew?"

  "I was fairly busy with other issues than watching Lieutenant Pullman."

  "But did you notice anything of that nature, Captain?"

  "No, not that I recall."

  "Now, as to those events, you've testified that among your orders was an annex which contained an estimate of what actions would be taken by other warships belonging to foreign powers. Is that something you usually see among orders?"

  Hayes nodded. "Yes. It's fairly standard, in one form or another."

  "Do foreign powers also provide their warships with estimates of what our ships are expected to do?"

  "As far as my knowledge goes, yes."

  "Do you think it possible that the South Asian ships at the asteroid had such an estimate? Not actual, detailed knowledge, but an estimate?"

  "Objection. Defense Counsel is asking the witness to speculate on matters beyond his knowledge."

  "Your Honor," David Sinclair countered, "this witness has already testified as to his impressions of what motivated the actions of South Asian warships. I am asking him for a similar judgment on their possible motivations."

  Judge Campbell considered the question. "I tend to agree."

  Commander Carr shook her head. "Your Honor, this is a different matter-"

  "No, Trial Counsel, I believe it's substantially the same matter. I'll remind Trial Counsel that she introduced this line of questioning. Objection overruled. Continue, Defense Counsel."

  David Sinclair looked back at Captain Hayes. "Captain, do you think it possible the South Asian warships were working from an intelligence estimate as opposed to detailed knowledge of your intentions?"

  "It's possible," Hayes conceded.

  "Is it also possible that such an estimate could've been what gave them the impression you cited, that they would be able to act without your interference?"

  "Yes, that's possible. I'm not saying it's probable."

  "Thank you, Captain."


  Carr was standing almost immediately. "Trial Counsel wishes to redirect. Captain Hayes, regarding Lieutenant Pullman's reactions while events unfolded at the asteroid, you stated you were too busy to specifically note them?"

  "That's right. I don't recall Lieutenant Pullman being on the bridge."

  "Do you have any memory of him at all while the South Asian warships were attacking the asteroid settlement?"

  "No. I don't recall noticing Lieutenant Pullman at all during those events."

  "Then to clarify, your answer isn't that Lieutenant Pullman's reactions didn't seem to differ. It's that you have no idea what Lieutenant Pullman's reactions were."

  "Yes. That's exactly right."

  Carr nodded slowly, drawing out the moment. "One other question, Captain. Defense Counsel posed to you an alternate possible cause for the confidence you say you observed in the actions of the South Asian ships on that occasion. Which do you consider more likely, that they were acting off an estimate or that they were acting from certain knowledge?"

  Hayes didn't hesitate. "Certain knowledge. Estimates are all well and good, but they're only estimates. They can be wrong. They can be very wrong. You have to take that into account. The sort of confidence I believed I saw the South Asians demonstrate tells me they had certain knowledge."

  "Thank you, Captain. No further questions."

  Captain Nguyen leaned forward, her elbows on the members' table, her hands clasped before her. "Captain, I find myself having to re-ask a question posed to you earlier. While NCIS was conducting its investigation to determine who was the source of the classified material being compromised to the South Asian Alliance, did you feel confident at every stage that the investigation was being carried out in such a manner as to minimize the possibility of an innocent person being charged or entrapped and maximize the possibility that the guilty person would be caught?"

  Once again, Hayes didn't hesitate. "I would not have approved the investigation if I did not believe that to be true. I wanted the guilty person caught. More importantly, I wanted the compromising of our classified material to stop. Hauling in someone innocent of the earlier offenses wouldn't have accomplished either goal."