by David Weber
"We're not discussing what Lord Young did or did not know." Jurgens glared at the captain, but, despite his junior status, Simengaard didn't even flinch. "We're discussing the facts of the case," the rear admiral went on, "and the facts are that Lord Young was senior to the woman who instructed him to return to formation. As such, he was not bound to obey her orders, and she, in fact, had no authority to give them."
"Are you suggesting she gave the wrong orders, Admiral?" Theodosia Kuzak asked in a cool, dangerous tone, and Jurgens' shoulders twitched again.
"With all due respect, Admiral, whether they were right or wrong has no bearing on their legality."
"And the fact that Admiral Sarnow, Admiral Danislav, Admiral Parks, an independent Captain's Board, and the General Board of Admiralty have all endorsed them in the strongest terms also has no bearing on the case?" Kuzak's quiet, measured voice dripped vitriol, and Jurgens flushed.
"Again, with all due respect, it does not," he said flatly.
"Just a moment, ladies and gentlemen." White Havens raised hand cut off Kuzak's reply, and the members of the board looked back down the table at him. "I anticipated that this point might arise," he continued once he had their undivided attention, "and I asked the Judge Advocate General to address it for me." He laid a memo pad on the table and keyed it alive, but his eyes held Jurgens' rather than looking down at the small screen.
"This particular situation has never before arisen, but according to Vice Admiral Cordwainer, the precedents are clear. An officer's actions must be judged by two standards. First, by the situation which actually obtained at the moment of those actions; second, by the situation he believed obtained, based on the information available to him. Admiral Jurgens is correct that, in fact, Admiral Sarnow had been incapacitated. By the same token, however, Lord Young was under the impression that the admiral remained in command, and that Lady Harrington, as Admiral Sarnow's flag captain, was fully empowered to give him orders. As such, his refusal to obey her repeated order to return to formation constituted defiance of his legal, acting superior to the best of his own, personal knowledge. That, according to Admiral Cordwainer, is the reason the specifications were written as they were. He stands charged not with disobeying Captain Harrington, his junior, but with disobeying orders from the flagship which, so far as he then knew, had every legal right to issue those orders."
"Gobbledygook!" Jurgens snorted. "Lawyers double-talk! What he knew or didn't know can't change the facts!"
"What he knew or didn't know are the facts of the matter, Sir," Simengaard returned sharply.
"Don't be absurd, Captain!" Lemaitre spoke up for the first time, dark eyes flashing. "You can't convict an officer who acted within the law simply because some other officer withheld critical information from him. It was Captain Harrington's duty to transfer command when Admiral Sarnow was wounded. The fact that she didn't do so makes her culpable, not him!"
"And just whom, do you suggest, should she have transferred command to, Commodore?" Kuzak asked. "The next surviving officer in the chain of command after Sarnow was Captain Rubenstein, but by his own sworn affidavit, his communications had been so badly damaged as to make it impossible to exercise tactical control from his ship."
"Then she should have transferred it to Captain Trinh," Lemaitre shot back. "Intolerant's com facilities were unimpaired, and he was next in seniority to Captain Rubenstein."
"Intolerant was also under heavy fire, as was the entire task group," Kuzak replied in cold, dispassionate tones. "The tactical situation was as close to desperate as any I've ever reviewed. Any confusion in command at that moment could have led to catastrophe, and Dame Honor couldn't even know the extent of Trinh's current knowledge of the situation. Under the circumstances, she showed eminently sound judgment in refusing to risk disordering the task group's command at such a moment. Moreover, her actions led the enemy directly into the arms of Admiral Danislav's relieving force and left forty-three enemy ships no option but to surrender to him. Captain Young's actions, on the other hand, speak volumes about what he would have done in her place."
Kuzak's upper lip curled, and Lemaitre and Jurgens both flushed. It showed more clearly on Jurgens' pale, freckled complexion, but the commodore's face turned darker than ever.
"Even if Captain Harrington were a paragon of all the military virtues—a point I am not prepared to grant, Ma'am—she had still arrogated to herself a command authority which was not legally hers." Lemaitre bit off each word with furious precision. "Lord Young was not legally—legally, Ma'am!—bound to accept that authority, particularly when he was in fact senior to her. The details of the tactical situation can have no bearing on the law."
"I see." Kuzak regarded the commodore dispassionately for a moment, then smiled thinly. "Tell me, Commodore Lemaitre—when was the last time you exercised tactical command in a combat situation?"
Lemaitre's dark complexion paled. She opened her mouth to reply, but White Haven's knuckles rapped sharply on the table, swinging the disputants back toward him once more, and his face was hard.
"Allow me to point out, ladies and gentlemen, that Lady Harrington's actions have been approved at the highest level. She is not, has not been, and will not be charged with any wrongdoing."
His deep, measured voice was as hard as his expression, and Lemaitre clenched her jaw and looked away. Jurgens snorted derisively, but Sonja Hemphill sat in masklike silence.
"Having said that, this court undoubtedly has the right to consider any bearing her actions may have had on Lord Young's. Since this set of circumstances has never before arisen, we, like many a court-martial, are faced with the need to set precedent. The Judge Advocate General's brief makes it clear that an officer's understanding of the situation is an acceptable basis for determining the probity of his actions. Admittedly, it's a meterstick which is usually appealed to by the defense, not the prosecution, but that doesn't mean it applies in only one direction. Whether or not it's applied in this case, and how, lies in our hands. From that perspective—and that perspective only—Lady Harrington's actions and how Lord Young understood them are germane. This board will restrict itself to considering them in that light."
"Is that an order, Sir?" Jurgens asked through gritted teeth.
"It is the direction of the president of the court," White Haven returned coldly. "If you disagree with it, you are, of course, entitled to note your disagreement and take written exception to it. You are even—" he showed his own teeth in a humorless smile "—entitled to withdraw yourself from the court, if you so desire."
Jurgens glared at the earl but said nothing more. White Haven waited a moment, then leaned back in his chair once more.
"Shall we return to the discussion at hand?" he suggested, and Kuzak nodded sharply.
"The operable points, in my view," she said, "are, first, that the flagship had not passed command and that, in consequence, Dame Honor was, so far as Young then knew, legally empowered to give the orders she gave him. Second, that, without orders from anyone, he unilaterally withdrew his squadron from the support of the task group at a critical juncture. And, third, that he refused orders from the task group flagship to return to formation, even though all other ships then under his command did so. I believe the record is amply clear. He panicked; he ran; and he didn't stop running even after the other units of his command had done so."
"So you're saying the specifications are valid in every jot and tittle, are you?" Jurgens' tone was much more caustic than any a rear admiral should address to an admiral, and Kuzak regarded him as she might have a particularly disgusting form of insect life.
"I believe that's substantially what I said, Admiral Jurgens." Her voice was cold. "If you'd prefer for me to be plainer, however, I believe his actions were as contemptible as they were gutless, and that if any officer ever deserted in the face of the enemy, Pavel Young is certainly that man. Is that clear enough for you, Admiral?"
Jurgens turned purple and half-rose from his chair, and White Haven cleared
his throat.
"We'll have no personal exchanges, ladies and gentlemen. This is a court-martial, not a shouting match. Formality may be relaxed to allow free discussion and decisions without respect to rank, but the rudiments of military courtesy will be observed. Please don't make me repeat that warning."
Jurgens sank back slowly, and the silence that followed was both fragile and sullen. White Haven let it linger a moment, then continued.
"Does anyone wish to bring forth any additional points for the court's consideration?" No one replied, and he gave a tiny shrug. "In that case, ladies and gentlemen, I suggest we vote on the specifications. Please indicate your votes on the forms before you."
Styluses scratched and paper rustled as the forms were folded and passed to the head of the table. He gathered them in a small heap, then opened them one by one, and his heart sank as he found what he'd expected.
"The vote is: guilty on all specifications, three; innocent on all specifications, three." He looked up with a thin smile. "It would seem we're going to be here a while, ladies and gentlemen."
CHAPTER NINE
Honor Harrington leaned back in her waiting room chair, eyes closed, and tried to pretend she was asleep. She doubted she was fooling anyone... and she knew she wasn't fooling Paul Tankersley. Nimitz was a soft, warm weight in her lap, and the 'cat's empathic sense linked her to Paul's emotions as he sat beside her. She'd felt his growing concern as the endless hours stretched longer and longer, and his matching worry had only made her own worse, but she was grateful for his willingness to leave her in peace, without the well-meant efforts at reassurance someone else might have inflicted upon her.
It was taking too long. From the moment she'd learned who was on the court, she'd feared only one thing, and every agonizing tick of the wait deepened that fear. The memory of the Queen's warning about the political considerations she had no choice but to face burned like acid in an open wound. A hung verdict would be almost worse than an acquittal, she thought wretchedly. A way for Young to walk, to flaunt the protection of his family's influence yet again, and she didn't know if she could endure that.
The conference room didn't really stink of sweat and stale hate, White Haven thought, but it still felt as if the air conditioner had packed it in. Not that he blamed it. The psychic ferocity of the last several hours had been more than enough to overwhelm any inanimate object unfortunate enough to be exposed to it.
He sat back in his chair, tunic hanging over its back, and rubbed his aching eyes, trying not to show his depression as the debate lapsed once more into stormy silence. Not that "debate," with its implications of discussion and reasoned argument, was the right word. There was no sign that any of the court's members—himself included, he admitted wearily—would yield even a fraction. Mindful of his position as president of the court, he'd let Kuzak and Simengaard carry the battle to Jurgens and Lemaitre. Sonja Hemphill had said even less than he—in fact, she'd said virtually nothing, despite her seniority—but the other two had more than compensated, and she'd voted in lock step with them. They'd balloted on the charges eight more times with no change at all, and a dull, sick headache hammered in his temples.
"Look," he said finally, "we've been arguing for hours, and no one has even addressed the actual evidence or testimony." His voice sounded as tired as he felt, despite his effort to put energy into it. "Does anyone here question the facts as presented by the prosecution?'
No one replied, and he lowered his hand with a sigh. "That's what I thought. And that means we're deadlocked not on what Lord Young did or didn't do, not on what Lady Harrington did or didn't do, but on the parameters we apply to our decision. We haven't moved a millimeter."
"And I don't believe we're going to... Sir." Jurgens voice had grown hoarse, but he met White Haven's eyes defiantly. "I contend, and will continue to contend, that Lord Young acted within the scope of the Articles of War, and that makes nonsense of this entire proceeding."
"I agree," Commodore Lemaitre said. Kuzak and Simengaard looked murderous, but White Haven raised a hand once more before either could speak.
"That's as may be, Admiral Jurgens," he said, "but I seriously doubt another board will share your view. If we return a hung verdict, the Admiralty will have no choice but to impanel another court—one whose decision almost certainly be against Lord Young."
"In your own words, Sir, that's as may be," Jurgens replied. "I can only vote my conscience, based on my own understanding of the relevant law."
"Regardless of the political consequences to the war effort, Admiral. Is that it?" White Haven could have bitten his tongue off the instant he spoke, but it was too late, and Jurgens' eyes flamed as the words were finally said.
"I took an oath to decide this case based on the evidence and my understanding of the Articles of War, Sir," he said almost spitefully. "The political ramifications are beside the point. Since politics have been brought up, however, I will say that this entire trial is about politics. Its sole purpose is to convict Lord Young on a capital charge simply to help a cabal of politicians and senior officers wring political advantage from satisfying Captain Harrington's personal thirst for vengeance!"
"What?!" Thor Simengaard half rose, glaring across at his superior, and his huge fists gripped the table edge as if to reduce it to splinters.
"It's common knowledge, Captain," Jurgens snarled. "Harrington has hated Young ever since they were at the Academy together. Now she's the mob's darling, finally in a position to finish him off through this farce of a court-martial, and certain senior officers"—he kept his eyes fixed on Simengaard, refusing to look at White Haven—"are prepared to adopt any sort of legal mumbo-jumbo to give her his head on a platter and mobilize public opinion against the Opposition. Well, I, for one, won't be a party to it!"
A thick, inarticulate sound guttered in Simengaard's throat, but Lemaitre's sharp voice cut across it.
"I believe you've raised an excellent point, Admiral Jurgens." She turned her own glare on Simengaard. "And I might add that the Government's choice of Captain Harrington as their standard bearer in this matter is disturbing. Highly disturbing. Her record clearly demonstrates that she's hot-tempered and vindictive—and not simply where Lord Young is concerned, Captain. I need hardly remind you that she assaulted a Crown envoy in Yeltsin, nor that she attempted to murder POWs in her charge in that same system. Her tendency to insubordination and arrogance is clearly established, as well. I remind you of her testimony before the Weapons Development Board—testimony that was a direct attack upon Admiral Hemphill as its then chairwoman!"
Sonja Hemphill winced and raised a hand, only to let it fall as Lemaitre went on spitting out her exhausted anger.
"The woman is a menace! And I don't care who may have endorsed her actions in Hancock! No one is above the law, Captain Simengaard—no one!—and it is my intention, following this court-martial, to request the Judge Advocate General, on my own authority, to thoroughly investigate her conduct with an eye to possible charges of mutiny arising from her brazen usurpation of command authority in Hancock!"
"I'll endorse that request, Commodore," Jurgens snapped, and Simengaard and Kuzak exploded almost in unison.
White Haven slumped in his chair, aghast at what his slip of the tongue had unleashed. Rank was forgotten as the four officers leaned across the table, shouting at one another in a tidal wave of fury. Only Sonja Hemphill sat silent, her expression sick, as the solemnity of a court-martial disintegrated.
The earl shook his head like an exhausted fighter, and then he rose to his feet and slammed both fists on the table like white-knuckled sledgehammers.
"Silence!"
His bellow shook the room, and the disputants jerked around as one to stare at him. The naked fury on his face stunned them wordless, and he braced himself on the polished conference table as he glared at them all.
"Sit down!" he snapped. They hesitated, and his lips drew back in a snarl. "Now!" he barked, and the explosive syllable drove them
back into their chairs like a blow.
"You will all now listen to me," he went on in an icy, over-controlled voice, "because I will say this only once. I will have the next person who raises his or her voice in this room, on either side of the discussion, for any reason, regardless of rank, up on charges for conduct unbecoming! Is that clear?" Crackling silence answered for them, and he inhaled deeply and forced himself back down in his own chair.
"This is a court-martial. Whatever our views or disagreements, we will conduct ourselves as senior officers of Her Majesty's Navy and not as a bunch of juvenile hooligans. If you cannot maintain the rudiments of common civility in the give and take of normal conversation, then I will impose formal parliamentary rules of procedure and recognize each of you, individually."
Kuzak and Simengaard looked abashed and ashamed, and Lemaitre looked frightened and sullen. Only Jurgens returned the earl's glare measure for measure, and there was no give in his face.
"With all due respect, Admiral White Haven," the effort it took to keep his voice level was obvious, "there's no point in further deliberation. This is a hung court. Whatever certain members of the board want, they're not going to get a vote to convict. In my opinion, you, as president of the court, have only one option."
"Indeed, Admiral Jurgens? And what might my single option be?" The calm in White Haven's voice was deadly.
"To announce that we are unable to reach a verdict and recommend that all charges be dropped."
"Dropped?" Simengaard strangled his incredulous response just short of a shout, and Jurgens jerked a nod without ever looking away from White Haven.
"Dropped." He didn't try to hide his triumph. "As you yourself have pointed out, Admiral, the political situation is critical. A decision to retry Lord Young would only make that crisis worse. As president, you have the right to make whatever recommendation you like, but the decision will be made at a higher level, and I doubt very much that Duke Cromarty will thank the Admiralty for pursuing the matter. Under the circumstances, the most constructive thing you can do is advise against a retrial. Such a recommendation from within the Service would give the Government an out, a graceful way for it to drop the charges so that Duke Cromarty—and the Opposition—can put this all behind them and get on with the war."
