Against All Enemies

Chapter Nine

Captain Hayes gave off an air of command as he sat in the witness chair, seeming as if he were actually seated in the captain's chair on the bridge of the ship which would still be his for another twelve hours. Commander Carr approached the witness stand and spoke respectfully. "Sir, are you Captain Richard Hayes, United States Navy, currently commanding officer of the USS Michaelson?"

"That's correct."

"Was Lieutenant Pullman assigned to your ship?"

"Yes, he was." Captain Hayes' voice stayed flat, betraying no emotion.

"Captain, would you please summarize the events which led to Lieutenant Pullman's arrest on 20 August?"

"Certainly." Hayes chewed his lip for a moment, apparently ordering his thoughts. "My ship returned to port here about noon on the first of August. As you may be aware, in the course of our last underway period we had the misfortune to observe SASAL warships firing upon the civilians who had illegally settled upon an asteroid. On the fourth of August, while off the ship on what was supposed to be a visit to fleet staff, I was instead met by agents of the Navy Criminal Investigation Service who informed me that they had evidence that one of the officers assigned to my ship was conducting espionage against the United States."

Captain Hayes paused, then spoke again in the same controlled voice. "I was very disturbed by the charge, but I was shown evidence which convinced me it was very likely true. Over the next several days, I coordinated actions with NCIS to attempt to identify the officer involved. These attempts failed. NCIS then suggested placing a tap on one of the terminals aboard my ship to detect any illegal activities, and arranged for special classified material to be delivered to the ship to serve as bait. I heard nothing more until the afternoon of 20 August, when I was informed by my ship's legal officer, Lieutenant Sinclair, that Lieutenant Pullman had just been arrested as he was leaving the ship."

Another pause. "I immediately contacted NCIS and was told of the coins which had been found in Lieutenant Pullman's possession. I notified my officers and told them to cooperate with any follow-up NCIS investigation."

Commander Carr nodded. "Thank you, Captain. Can you explain which evidence shown to you by NCIS convinced you that espionage had taken place?"

"Yes. I can. NCIS had conclusive proof that the operational orders under which my ship had just sailed, the orders we were following off that asteroid, had been provided to the South Asian Alliance."

Commander Carr turned quickly, facing midway between the judge's bench and the defense table, and speaking while David Sinclair was still rising. "Your Honor, Trial Counsel would like the enter into evidence at this time a list of classified material which U.S. government agencies have certified as having been compromised to the South Asian Alliance."

David Sinclair finished standing up. "Is the defense correct in assuming the orders just cited by the witness are among that list?"

"Yes."

"Your Honor," David Sinclair continued, "while the defense recognizes the need to protect the means and methods by which the U.S. government collects intelligence, it is nonetheless of some concern that we have been presented with the list but provided no means to verify it."

Judge Campbell eyed the Defense Counsel. "Are you making an objection?"

"I am asking the court to rule on the admissibility of evidence which has been provided in such a way that the defense is unable to verify that evidence. The defense doesn't know the means by which the list was compiled, doesn't know the criteria used for placing items on the list, doesn't know the standards applied to assessing those criteria and doesn't even know exactly who compiled the list. Your Honor, Lieutenant Pullman has the right to confront his accusers. That is a fundamental principle of American justice. This list was compiled by individuals who are among Lieutenant Pullman's accusers, but those accusers remain anonymous, unavailable to appear and unavailable to be questioned in Lieutenant Pullman's defense. The defense submits that allowing this list to be entered into evidence will significantly prejudice Lieutenant Pullman's ability to defend himself against the charges brought against him."

Judge Campbell pursed her lips and sat for a moment without speaking. "Trial Counsel? What do you say in response to the Defense Counsel's argument?"

Commander Carr spoke firmly. "Your Honor, the government believes that this list represents a matter of fact, not an accuser. It simply lists documents confirmed to have been provided to a foreign country, documents which the government intends proving were provided to that foreign country by Lieutenant Pullman."

The judge sat silently for several seconds longer. "I am still troubled by this. American justice is not founded upon the use of secret evidence."

"Your Honor," Carr protested, "this is not secret evidence. Lieutenant Pullman's lawyers have been allowed to see this list after signing the appropriate nondisclosure agreements. They know what it contains."

"But they do not know how the list was put together. They have no means to question or refute the contents of the list. Is the government prepared to offer such information to the defense?"

Commander Carr shook her head. "Your Honor, I am not authorized to make such an offer. Extremely sensitive intelligence sources and methods are involved."

"Then how is this court to ensure the evidence is indeed a matter of fact, as Trial Counsel claims, and not an accuser at one remove, as Defense Counsel claims?"

This time, Carr nodded with every appearance of reluctance. "Your Honor, I am authorized by the government to provide you with detailed information on the means used to compile the list if absolutely necessary to the prosecution of this case. The government is prepared to give the court the necessary information under appropriate classification safeguards to allow the court to determine that this list is verifiably a matter of fact."

David Sinclair frowned and look back at Lieutenant Owings. Owings rose to his feet and spoke for the first time. "Your Honor, with all due respect, the court is not the defense counsel. You do not represent the interests of Lieutenant Pullman."

Judge Campbell nodded. "That's true. However, the interests of Lieutenant Pullman are not the criteria used for purposes of determining the admissibility of evidence, as you know. It's the court's job to decide which evidence can be brought to bear in this trial. Therefore, I will accede to the government's request and receive a private briefing on the means used to compile the government's list of compromised classified material."

David Sinclair spoke again, spreading his hands. "Your Honor, while Defense Counsel does not wish to call into question the court's integrity-"

"Good for you," Campbell noted dryly.

"— I nonetheless must object to this procedure. If there are reasons why a civilian such as myself cannot be provided with this same private briefing, surely Lieutenant Owings can be given that access."

Commander Carr shook her head again. "I'm sorry, but the government is not prepared to agree to that. Lieutenant Owings lacks the necessary background investigations and clearances, as did Lieutenant Pullman even before his arrest."

"Your Honor-"

Judge Campbell held up a restraining hand. "Defense Counsel's objections and concerns are noted. The court will fairly evaluate the nature of the government's evidence and then rule on its admissibility. Is the government prepared to continue its arguments at this time without reference to the material on the list, or must the court-martial be suspended until my ruling?"

"The government is prepared to continue, Your Honor."

"Then do so."

Commander Carr faced Captain Hayes, who had listened to the argument without apparent emotion. "Captain, Lieutenant Pullman was a member of your crew. What is your assessment of him as an officer?"

Hayes frowned. "To be perfectly frank, Commander, Lieutenant Pullman was a member of my crew for a very limited period of time. I only had the opportunity to develop preliminary impressions."

"Please share those impressions."

"Lieutenant Pullman seemed to be a capable officer."

"Would you describe him as knowledgeable?"

"Objection, Your Honor." David Sinclair gestured with one hand toward Commander Carr. "Trial Counsel is leading the witness."

"Objection sustained. Let the witness use his own words, Trial Counsel."

If Carr was abashed, she didn't show it. "Yes, Your Honor. Captain Hayes, please provide a more detailed description of your impression of Lieutenant Pullman as an officer prior to his arrest."

"All right." Captain Hayes frowned again, this time in thought. "Lieutenant Pullman gave me the impression of being capable, as I said. His performance of duties was at least competent. He learned his new responsibilities as communications officer quickly. He seemed to get along well with his shipmates and presented a good military bearing."

"Did Lieutenant Pullman make many mistakes?"

"Not to my knowledge. I didn't personally observe any significant errors on his part."

"Did he demonstrate awareness of standard procedures on your ship, including the proper handling of classified material?"

"Yes, I believe he did."

"In your professional assessment, Captain Hayes, did you believe Lieutenant Pullman was sufficiently well-trained and capable that he could be trusted to carry out tasks without committing serious errors?"

"Objection." David Sinclair shook his head. "Your Honor, it appears that Trial Counsel is attempting to get the witness to comment on hypothetical situations."

Carr shook her head in turn. "Your Honor, as commanding officer of the USS Michaelson it was Captain Hayes' responsibility to make such assessments of all his officers. It is not a hypothetical situation since such judgments are required on a constant basis."

Judge Campbell thought again, then looked toward the members' table. "I'd like the opinions of the members on this matter since it deals with issues of command responsibilities and the court doesn't have that experience. Do you believe such an assessments are made routinely as a part of daily command responsibilities?"

Captain Nguyen, Commander Sriracha and Lieutenant Kilgary immediately nodded. Lieutenant Commander de Vaca, after clearly thinking for a moment, nodded as well. Lieutenant Mahris nodded apparently just as soon as he realized that Captain Nguyen was doing so. Captain Nguyen looked to either side to tabulate the responses, then nodded again to the judge. "It's unanimous. Any commanding officer has to make such assessments every moment of every day. That is why commanding officers are held accountable for failures by their subordinates. They're responsible for deciding whether or not those subordinates can be trusted to carry out tasks."

"Thank you, Captain," Judge Campbell stated. "Objection overruled. Continue, Trial Counsel."

"Thank you, Your Honor. Captain Hayes, would you like me to repeat the question?"

"No, that's not necessary." Hayes' mouth worked for a moment. "Yes, I did assess Lieutenant Pullman as being well-trained and capable enough to carry out the duties of a junior officer on my ship. If I'd thought he wasn't to be trusted to do his work or stand watches properly, I would've relieved him of his duties and had him transferred off of the ship."

Carr leaned closer to the witness stand, her eyes locked on Hayes. "Captain, did you feel you had any reason to doubt Lieutenant Pullman's understanding of security regulations?"

"No. None at all."

"Are you confident he knew it was contrary to regulations to download classified material onto portable media using his stateroom terminal?"

"Yes, I am."

Carr stepped back, raising her data pad slightly again. "At this time Trial Counsel would like to enter into evidence the security briefing papers signed by Lieutenant Pullman when he was granted his clearances, and the nondisclosure agreement signed by Lieutenant Pullman at that same time, which spells out the penalties for unauthorized disclosure of classified material. Trial Counsel would also like to enter into evidence the page from Lieutenant Pullman's service record which certifies that he attended and passed standard security indoctrination training."

Judge Campbell, leaning her chin on her hand again, twisted her head slightly to look toward the defense table.

David Sinclair shook his head. "Defense Counsel has no objection."

"Then the court orders those documents be entered into evidence. Continue, Trial Counsel."

Commander Carr faced Captain Hayes again. "Captain, did you ever, by any means whatsoever, order or instruct Lieutenant Pullman to download classified material onto portable media?"

"No, I did not."

"Are you familiar with the list of classified material contained on one of the coins found in Lieutenant Pullman's possession?"

"I am."

"Did you ever, by any means whatsoever, order or instruct Lieutenant Pullman to download any or all of those specific items of classified material onto portable media?"

"No, I did not."

"Did you ever, by any means whatsoever, order or instruct or approve of Lieutenant Pullman's removing from your ship coins containing classified material?"

"No, Commander. You can ask any officer in my wardroom. I don't permit or encourage my officers to violate security regulations."

"Thank you, Captain. No more questions."

David Sinclair stood a ways back from Captain Hayes, his posture respectful but not submissive. "Captain Hayes, I understand the commanding officer of a warship deals with a tremendous quantity of decisions and actions every day. Is that a fair statement?"

Hayes gave David Sinclair a sidelong look, but nodded. "I believe that's a fair statement."

"Have any of your orders, statements or instructions ever been misinterpreted or misunderstood?"

"Perhaps I should explain to you that orders are routinely repeated back, so that I and other officers can be sure they're properly understood."

David Sinclair smiled, unabashed. "Thank you, Captain. I do understand the system is designed to minimize the chances of misunderstandings. But no system is perfect. What I asked was whether, in practice, any orders, statements or instructions of yours ever have been misunderstood."

Captain Hayes didn't look happy. "I can't honestly say that has never happened."

"Has anyone in your crew ever done anything, believing it was what you desired, even though you were sure you had given them no such instruction?"

Hayes spent a moment watching David Sinclair, then nodded. "That sometimes happens."

David Sinclair looked appreciative. "Captain, you have testified that in your opinion Lieutenant Pullman could be trusted to do his work. That he was capable, competent, and intelligent. Do you believe a trustworthy, capable, competent and intelligent officer would download classified information in the manner described without believing that his actions had been at least sanctioned, if not ordered, by his superiors?"

Paul looked at Commander Carr, expecting her to object, but though she frowned, Carr stayed seated and said nothing, watching Captain Hayes intently.

Captain Hayes sat back slightly, looking at David Sinclair and clearly thinking through his response.

"Captain?" David Sinclair prodded.

But Hayes refused to be rushed. After a few more seconds he spoke carefully. "I believe an officer who was believed to have all of those traits would be capable of such an act if they were motivated by a desire to circumvent security requirements for their own purposes."

Commander Carr smiled briefly.

David Sinclair nodded several times. "Thank you, again, Captain. But my question was whether or not an officer you yourself have described as being trustworthy, capable, competent and intelligent could conceivably take such an action in error and not through deliberate intent."

"No, I don't think so." Hayes shook his head, giving David Sinclair a hard look. "This isn't a minor matter, and as I believe has already been discussed earlier, downloading classified material isn't easily accomplished. I would expect a trustworthy, capable, competent and intelligent officer to know better, even if he did think I wanted it."

David Sinclair didn't let any disappointment over Captain Hayes' answer show. "Captain, when your officers fail to carry out your wishes, do you make your displeasure known?"

Paul saw that Captain Hayes couldn't quite suppress a small and brief but ironic smile. He wondered how many others in the courtroom, all of whom had served under their own commanding officers, had the same reaction.

Hayes nodded. "I've been known to express displeasure." This time a murmur of laughter sounded in the courtroom. Judge Campbell glared around, bringing instant silence.

David Sinclair smiled himself, as if he were telling an inside joke. "Do your officers seek to avoid your displeasure?"

"I believe they do, yes."

"Is that a strong motivation?"

"You'd have to ask each officer in the wardroom, but I doubt it's their strongest motivation. That's not how I try to motivate my crew. I don't lead with a whip."

David Sinclair leaned closer, his expression serious now. "But you do use a whip, metaphorically speaking, when you believe it necessary."

Captain Hayes hesitated, then nodded. "Sometimes it may be necessary."

"And do officers and crew members sometimes act hastily, without thinking their actions through, in an attempt to avoid your displeasure?"

"I can't say that's never happened."

David Sinclair smiled briefly again. "Conversely, your officers seek your approval, correct, Captain? Your approval of their work."

"I would hope so," Hayes agreed.

"That approval not only affects their day-to-day life on your ship, but also their long-term careers, doesn't it? Those officers who gain your approval receive good marks on their evaluations. They get promoted, they get good orders to new assignments."

Paul barely kept from making a small but probably noticeable sound of derision. Like my marks got me good orders.

But Captain Hayes nodded again. "That's true."

"Have any of your officers ever exceeded your orders in a honest attempts to gain your approval?"

Hayes twisted his mouth, but eventually nodded once more. "I'm sure that has happened."

David Sinclair came close to Captain Hayes. "Captain, have any of your officers or other crew members ever done anything downright stupid in a misguided attempt to earn your approval or avoid your displeasure?"

"Again, I have to admit that sort of thing happens on rare occasions."

"Thank you, Captain. No more questions."

Commander Carr waited until David Sinclair had sat down, then stood with every appearance of calm confidence. "Trial Counsel wishes to redirect. Captain, have any of the misguided incidents just described which may have taken place involved major or serious issues?"

"No. Of course not."

"No hazarding of the vessel? No danger to human life?"

"There is no possibility that any of my crew, no matter how misguided, would believe I would approve of such actions."

"Violations of major rules and regulations?"

"Certainly not to my knowledge. There's a common sense factor that needs to be applied here. No one capable of occupying any position of responsibility could believe that I'd approve of something like that. I've never given them cause to believe such a thing."

"Never? You're certain?"

"Absolutely certain." Hayes had reddened as he spoke, his eyes flashing. "I'd be totally remiss in my responsibilities if I'd ever let anyone believe I'd condone, let alone approve, such actions."

"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 going?"

"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 innocent? 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?"

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-"

"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.