Against All Enemies (28 page)

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?"