Against All Enemies

Chapter Eight

Paul walked slowly into the courtroom, taking his time since he'd arrived early and he knew Commander Carr had reserved a seat for him near the trial counsel's table in any case. The courtroom was one of three on Franklin, a multipurpose room able to fulfill other functions if necessary but currently dedicated to administering the ultimate form of military justice. Rectangular in shape, it was dominated by the slightly elevated judge's bench centered in the back, with the witness stand beside it. Slightly in front of and to either side of the judge's bench sat two tables. The defendant and his lawyer would sit at one table, the trial counsel at the other, all facing the judge. Off to one side sat a longer table, facing the judge's bench as well as the tables for the prosecution and the defense. This table, with five chairs behind it and a navy blue cloth draped over the top to add some dignity to the furnishing, would be where the members of the court would sit.

Two blocks of chairs filled the rest of the room, facing the bench and divided by a path leading up the middle from the main entry door. There were two other doors visible, one behind the judge's bench that led to the judge's chambers, and from which the judge would enter and leave courtroom, and one behind the member's table, which would be used by those officers to arrive and depart.

In the apparently bare walls, unseen cameras and microphones were emplaced to allow a complete and total record of any legal proceeding to be automatically recorded.

All in all, despite the color lent by the flags of the United States and the United States Navy posted behind the judge's bench, the room felt bare and utilitarian. It served the function of cradling the administration of military justice, and that was all that was demanded of it.

Paul reached the row behind the trial counsel's desk and sat down, though not without a glance to the other side of the room. He still felt oddly uncomfortable to be aligning himself with the prosecution against an officer who'd shared his stateroom, who'd stood watches on his ship, who'd been a trusted comrade right up until the moment of his arrest.

"Good morning, Lieutenant Sinclair." Commander Carr strode in with wide, quick steps, dropping her data pad onto the table but remaining standing, scanning the room. "Ready?"

"I guess so, ma'am."

Paul didn't turn around, but he could hear people entering and going to their seats. The court-martial was open to the public, and a fairly big crowd was expected due to the nature of the charges against Pullman and the fact that he was an officer charged with espionage.

Lieutenant Owings went past, walking to the defense counsel table, followed closely by David Sinclair. They stood talking to each other in low voices, then looked up as a sudden surge in conversation erupted in the courtroom. Paul finally looked back as well, seeing Brad Pullman entering in the custody of two masters-at-arms. The masters-at-arms walked Pullman to the defense table, then walked back to the main entry and took up sentry positions on either side of the door, their eyes constantly on Pullman.

Pullman talked to his lawyers for a few moments; then the three of them nodded and sat down at the defense table. Pullman glanced around and saw Paul, then grinned and made a small wave in greeting. If Pullman was feeling any uncertainty, he was doing a great job of hiding it. Paul just nodded back, wondering what Pullman made of the fact that Paul was sitting near the trial counsel.

The low surf of conversation which had risen when Pullman entered dropped noticeably. Paul watched as the bailiff walked to the front center of the courtroom to stand near the judge's bench. She waited, outwardly patient, as some conversations continued in the background, then finally cleared her throat loudly. "Quiet in the courtroom, if you please."

The bailiff waited a moment longer to ensure everyone was paying attention, then turned slightly to point toward the door to the judge's chambers. "I will announce 'all rise' when the military judge enters. Everyone is to rise at that time. You are to remain standing until the military judge directs everyone to be seated. The judge will direct me to summon the members of the court. Everyone will rise again. Once the members of the court have entered and taken their seats, the military judge will direct you to be seated. Are there any questions?"

The bailiff, apparently neither anticipating questions nor being interested in answering them, immediately went to the back of the courtroom. Paul thought she was the same bailiff who'd been present for Jen's court-martial. Barely opening the door behind the judge's bench, the bailiff spoke, listened to a reply, then came back to stand in her original position. "All rise."

Paul and everyone else in the room came to their feet, the military personnel also automatically coming to attention. The military judge, Captain Elizabeth Campbell, walked quickly to the bench and sat down, then looked around the courtroom. "This Article 39 (A) session is called to order. You may be seated." Paul could have recited the same words in his sleep. Every court-martial started with them, invoking the legal article under which a court-martial was held.

Everyone sat, but almost immediately Commander Carr stood up again and began reciting the next words mandated by the Manual for Courts-Martial for opening the legal proceedings. "The court-martial is convened by general court-martial convening order 0330, Commander, United States Space Forces, copies of which have been furnished to the military judge, counsel, and the accused. The charges have been properly referred to the court-martial for trial and were served on the accused on 6 October 2102. The accused and the following persons detailed to the court-martial are present: Captain Nguyen, Captain Campbell, Commander Sriracha, Commander Carr, Lieutenant Commander de Vaca, Lieutenant Kilgary, Lieutenant Mahris, Lieutenant Owings."

Captain Campbell nodded. "Thank you, trial counsel. Bailiff, please ask the members of the court-martial to enter."

The bailiff went to the door behind the members' table, opened it, spoke briefly inside, then stood to one side. "All rise," she called again.

Paul came to attention again as everyone else stood. Captain Nguyen led the way inside, pointing out their seats to the other members of the court. Nguyen, as most senior, would sit in the center, the other officers alternating taking seats to either side in decreasing seniority.

Lieutenant Kilgary appeared to sweep her eyes across Paul when she took her seat, but didn't react. He hadn't expected her to. This wasn't exactly the time or place for renewing acquaintances. Lieutenant Pete Mahris looked pretty much like he had the last time Paul had seen him, during commissioning ceremonies at the Academy. Paul noted that Mahris had twisted his chair very slightly so that he could more easily watch Captain Nguyen out of the corner of his eye, no doubt the better to ensure he followed Nguyen's lead on events.

Judge Campbell waited until she was sure the members of the court were all seated, then looked out across the courtroom. "You may be seated." Then, after a brief pause while everyone took their seats again, she pointed her gavel at Commander Carr. "Continue, trial counsel."

Commander Carr turned to face both the member's table and the judge. "I have been detailed to this court-martial by order of the fleet judge advocate general's office. I am qualified and certified under Article 27(b) and sworn under Article 42(a). I have not acted in any manner which might tend to disqualify me in the court-martial."

Lieutenant Owings then stood up at the defense table. "I have been detailed to this court-martial by order of the fleet judge advocate general's office. I am qualified and certified under Article 27(b) and sworn under Article 42(a). I have not acted in any manner which might tend to disqualify me in the court-martial."

Judge Campbell turned her head toward the defense table. "Lieutenant Bradley Pullman, you have the right to be represented in this court-martial by Lieutenant Owings, your detailed defense counsel, or you may be represented by military counsel of your selection, if the counsel you request is reasonably available. If you are represented by military counsel of your own selection, you would lose the right to have Lieutenant Owings, your detailed counsel, continue to help in your defense. Do you understand?"

Brad Pullman gave a brisk nod as he answered. "Yes, ma'am."

"In addition, you have the right to be represented by civilian counsel, at no expense to the United States. Civilian counsel may represent you alone or along with your military counsel. Do you understand?"

"Yes, ma'am."

"Do you have any questions about your right to counsel?"

"No, ma'am."

"Who do you want to represent you?"

"I wish to be represented by civilian counsel, Mr. David Sinclair, along with my detailed military counsel, Lieutenant Owings."

"Very well," Judge Campbell stated. "Mr. David Sinclair, your qualifications to practice law have been provided to this court?"

Paul's brother nodded, his civilian suit looking out of place amid the military uniforms on all sides. "Yes, Your Honor."

"Counsel for the parties have the necessary qualifications, and have been sworn, except for Mr. David Sinclair, who will now be sworn." The judge waited while the bailiff marched to the defense table and swore in David Sinclair, then she said, "I have been detailed to this court by order of the judge advocate general's office of the Commander, United States Space Forces."

Commander Carr walked away from her table, then once again turned to face the members of the court-martial and the judge. "The general nature of the charges in this case allege the commission of acts of espionage against the United States by Lieutenant Bradley Pullman. The charges were preferred by Commander, United States Naval Space Forces, and forwarded with recommendations as to disposition to Commander, United States Space Forces." She fully faced the judge's bench. "Your Honor, are you aware of any matter which may be a ground for challenge against you?"

"I am aware of none."

"The government has no challenge for cause against the military judge."

David Sinclair looked over at Lieutenant Owings, nodded and made a gesture. Lieutenant Owings stood. "The defense has no challenge for cause against the military judge."

Judge Campbell focused her attention on Pullman. "Lieutenant Pullman, do you understand that you have the right to be tried by a court-martial composed of members and that, if you are found guilty of any offense, those members would determine a sentence?"

Pullman kept his voice and actions crisp and confident. "Yes, Your Honor."

"Do you also understand that you may request in writing or orally here in the court-martial trial before me alone, and that if I approve such a request, there will be no members and I alone will decide whether you are guilty and, if I find you guilty, determine a sentence?"

"Yes, Your Honor."

"Have you discussed these choices with your counsel?"

"I have."

"By which type of court-martial do you choose to be tried?"

"By members, Your Honor."

"Very well. The accused will now be arraigned."

Commander Carr spoke with a crisp authority that more than overmatched that of Brad Pullman. "All parties and the military judge have been furnished a copy of the charges and specifications. Does the accused want them read?"

Pullman glanced down at David Sinclair, who looked at Lieutenant Owings. Both lawyers nodded to each other; then Owings answered. "The accused wishes the charges to be read."

Paul wondered why, then noticed how his brother was intently watching the members of the court-martial. He wants to see how they individually react to the reading of each charge. Clever.

"Very well." Commander Carr looked down at her data pad and began reading, looking up often to scan the members and gauge their reactions as well. "Lieutenant Bradley Fielder Pullman, United States Navy, is charged with violations of the following articles of the Uniform Code of Military Justice."

"Article 92 — Failure to obey order or regulation. First specification. In that Lieutenant Bradley Fielder Pullman, United States Navy, did onboard USS Michaelson, CLE(S)-3, then docked at berth seven alpha of United States Naval Space Station Benjamin Franklin, on or about 20 August 2102, violate a lawful general regulation, to wit: Secretary of the Navy Instruction 5520.5 dated 1 July 2100, Security and Handling of Classified Materials Onboard U.S. Navy Ships and Installations, by wrongfully and without authorization downloading Top Secret documents from the combat support data systems of the USS Michaelson onto portable and transportable storage media."

Paul, knowing the boilerplate part of the charges by heart, concentrated on watching the members, trying to gauge their reactions to the charges, and on watching Brad Pullman to see how he took hearing the charges against him being read in all of their grim formality.

"Second specification. In that Lieutenant Bradley Fielder Pullman, United States Navy, did… violate a lawful general regulation, to wit: Secretary of the Navy Instruction 5520.5 dated 1 July 2100, Security and Handling of Classified Materials Onboard U.S. Navy Ships and Installations, by wrongfully and without authorization removing Top Secret materials downloaded onto portable and transportable media from onboard the USS Michaelson."

"Article 106a — Espionage. First specification. In that Lieutenant Bradley Fielder Pullman, United States Navy, did… with intent or reason to believe it would be used to the injury of the United States or to the advantage of the South Asian Alliance, a foreign nation, deliver operational orders and annexes classified up to and including Top Secret and pertaining to U.S. Naval operations then soon to be carried out, to an agent of the South Asian Alliance."

"Second specification In that Lieutenant Bradley Fielder Pullman, United States Navy, did… on or about 20 August, 2102, with intent or reason to believe it would be used to the injury of the United States or to the advantage of the South Asian Alliance, a foreign nation, attempt to deliver intelligence reports classified Top Secret which directly concerned current knowledge of foreign military capabilities, to an agent of the South Asian Alliance."

"Third specification. In that Lieutenant Bradley Fielder Pullman, United States Navy, did onboard USS Michaelson, CLE(S)-3, on or about 20 August, 2102, with intent or reason to believe it would be used to the injury of the United States or to the advantage of the South Asian Alliance, a foreign nation, attempt to commit espionage by emplacing covert taps within selected compartments onboard his ship with the aim of covertly collecting information.

"Article 133 — Conduct unbecoming an officer. In that Lieutenant Bradley Fielder Pullman, United States Navy, did onboard USS Michaelson, CLE(S)-3… wrongfully and dishonorably engage in conduct unbecoming an officer, to wit: misappropriating classified information for personal gain."

"Article 134 — False or unauthorized pass offenses. In that Lieutenant Bradley Fielder Pullman, United States Navy, did… have in his possession a station access pass which had been improperly tampered with to allow Lieutenant Pullman to access areas of the station without leaving any record on the station personnel tracking and security system."

"The charges are signed by Commander, United States Naval Space Forces, a person subject to the code, as accuser; are properly sworn to before a commissioned officer of the armed forces authorized to administer oaths, and are properly referred to this court-martial for trial by Commander, United States Space Forces, the convening authority."

As far as Paul could tell, Brad Pullman hadn't flinched from the charges at all, but had kept his expression cool and confident throughout the reading. If they'd been in a card game, Paul would've assumed Pullman had a very good hand.

Judge Campbell kept looking at Commander Carr for a moment after she finished speaking, then looked at Pullman. "Lieutenant Pullman, how do you plead? Before receiving your pleas, I advise you that any motions to dismiss any charge or grant other relief should be made at this time."

David Sinclair stood up, his expression respectful. "Your Honor, the defense would like to move for the dismissal of the violation of Article 133 on the grounds that it is duplicative and nonspecific as to the nature of the requirements which Lieutenant Pullman is alleged to have violated."

Judge Campbell shook her head. "The motion is denied. The Uniform Code specifically states that violations of Article 133 can be brought in addition to charges for specific actions if those actions substantiate a charge of conduct unbecoming an officer. As to the 'nonspecific' nature alleging conduct unbecoming an officer, the law presumes that all officers are aware of the special requirements placed upon by virtue of their holding a commission as an officer. Does the defense have any other motions at this time?"

"No, Your Honor." David Sinclair sat down again.

Brad Pullman stood at attention, speaking in a firm, clear voice. "I plead not guilty to all charges and specifications, ma'am."

"Very well. Does the prosecution have an opening statement?"

"Yes, Your Honor." Commander Carr took another two steps, placing herself in front of the judge's bench, but still partially facing the judge and the members. The members were watching attentively, no expressions betraying their feelings. As far as Paul had been able to tell, none of them had reacted when the charges were read, either. "The prosecution intends to prove that Lieutenant Pullman has engaged in multiple cases of espionage against the United States, that in the furthering of this espionage he has willfully and repeatedly violated United States Navy regulations and instructions governing the handling of classified materials, and that he has received monetary compensation from a foreign country in exchange for these acts of espionage. Lieutenant Pullman should be found guilty as to all charges and specifications, because by his actions he not only disgraced himself, he intentionally caused grave injury to the United States."

Commander Carr walked back to her table. Judge Campbell motioned toward David Sinclair. "Will the defense make an opening statement?"

"Yes, Your Honor." David Sinclair remained standing at his table as he spoke, his voice carrying easily across the courtroom. "The defense intends to prove that Lieutenant Bradley Pullman is innocent of the most serious charges against him, and that any mishandling of classified material which may have taken place was both inadvertent and not done with any intent to cause injury to the United States. Since Lieutenant Pullman will be proven innocent of any intent to commit espionage or mishandle classified material, he should be found not guilty as to all charges and specifications."

David Sinclair sat down. Silence fell for a moment. Captain Campbell pointed her gavel at Commander Carr again. "Proceed."

"Thank you. The United States calls as its first witness Ensign Akesha Taylor, United States Navy."

Ensign Taylor came down the aisle moving purposefully. As she sat down and looked Paul's way, one eye twitched in what might have been surreptitious wink. Taylor seemed no more intimidated by a military courtroom than she was by any other aspect of the Navy.

Commander Carr stood before Ensign Taylor. "Do you swear that the evidence you give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth, so help you God?"

"I do, ma'am."

"Are you Ensign Akesha Taylor, currently assigned as Electronic Systems Officer onboard the USS Michaelson?"

"Yes, ma'am."

"Briefly describe your duties, please."

"Yes, ma'am." Taylor hitched herself over slightly so she partially faced the members' table. "In laymen's terms, I'm responsible for making sure all the electronic systems and linkages talk to each other properly. I handle the interfaces."

"Do you have much experience with electronic system interfaces?"

"Only about twenty-two years, ma'am."

Paul caught a glimpse of smiles flickering on the faces of the members of the court-martial.

Commander Carr gave a small smile as well. "Do you also oversee the software safeguards and hardware cut-outs designed to prevent unauthorized actions?"

"Yes, ma'am."

"Were all of those safeguards and cut-outs operational on the evening of 20 August?"

Taylor nodded several times. "Yes, ma'am, they were."

David Sinclair rose to his feet, looking serious. "Objection, Your Honor. How can the witness be certain none of the referenced safeguards and cut-outs malfunctioned for even a very brief time on the evening in question?"

Commander Carr gestured toward Ensign Taylor. "Perhaps we should ask the witness."

Judge Campbell nodded. "Perhaps we should. Ensign Taylor?"

Taylor shook her head just as firmly as she'd earlier nodded. "That couldn't have happened, ma'am. The system maintains a continuous track of the interfaces, the safeguards and cut-outs and everything else. Any failure, and lapse, even for a microsecond, gets tagged. I check the system reports every morning and they were clean."

"Ensign Taylor," Captain Nguyen spoke up. "What if the systems doing the monitoring fail?"

Paul looked at his brother, who seemed torn between distress that the senior member of the court was questioning the witness directly and happiness that a potential flaw in the prosecution's argument had been brought out.

But Taylor shook her head again. "Ma'am, if I had that kind of failure it'd mean the primaries and two back-ups had all failed simultaneously. I don't know the odds of that happening, but they're awful long. And if somehow it did happen, everything would start locking up and I'd get sparks spitting out here, there and everywhere. It'd be impossible to miss, as well as one tremendous mess to fix."

"Then," Captain Nguyen pressed, "in your expert opinion, it is virtually impossible that there could have been failures of not only the safeguards and cut-outs, but also simultaneous failures of the systems monitoring the working status of those safeguards and cut-outs?"

"Captain, the only way I could see that happening is if we'd sustained major battle damage and been totally knocked out of commission." Taylor looked from Carr to the judge to David Sinclair. "Can't happen, otherwise."

Captain Nguyen sat back, clearly satisfied. Commander Carr looked up at Judge Campbell, who looked over at David Sinclair. "Objection overruled."

David Sinclair nodded and sat down. Paul thought he might be the only one in the courtroom who could spot the tiny but tell-tail signs that his brother was seriously ticked-off. Didn't you think Commander Carr would be prepared to handle such an issue? Maybe after this David will stop assuming he's head and shoulders a better lawyer than the JAGs up here. Paul took a look at Lieutenant Owings and saw he was making notes with a carefully expressionless face. I bet David didn't listen to you, did he? Well, David's smart enough when he wants to be. I have a feeling he'll learn fast.

Judge Campbell gave Commander Carr a nod. "Proceed, Trial Counsel."

"Thank you, Your Honor. Ensign Taylor, do the safeguards and cut-outs to which you refer include functions designed to prevent the unauthorized downloading of classified material?"

Taylor nodded. "Yes, ma'am. They check to see if a specific terminal is authorized for access to that information, that is, if they can handle classified material and at what level of classification, then they check to see if whoever's logged in has high-enough access as well, then they allow viewing of the material but no copying, no transfers and no downloads of any kind. People are always complaining to me that the system is a pain in the neck, but I tell them that's the rules and if they don't like it they need to talk to somebody quite a bit higher in the chain of command than I am."

Paul hid another smile. He hadn't thought about what a persuasive and personable witness Taylor would make, but he was sure Carr had realized it immediately.

Commander Carr looked toward the members as she asked the next question. "Then your system works exactly as required, Ensign Taylor? No unauthorized modifications of any kind that would short-circuit any of those safeguards?"

"No, ma'am. And I've got inspection results to prove it."

"In your expert opinion, Ensign Taylor, is there any possible way for someone to accidentally download classified information in violation of regulations?"

"No, ma'am. It'd take a lot of work and you'd have to be doing it on purpose."

"Thank you, Ensign Taylor." Commander Carr gave her a small, professional smile. "No more questions."

Judge Campbell leveled her gavel at David Sinclair. "Defense may cross-examine."

David Sinclair rose, frowning slightly, but his expression cleared as he approached the witness stand. "Ms. Taylor-"

Taylor's eyes widened. "My mother's not here."

A brief chuckle ran through the courtroom. Judge Campbell rested her chin on one hand. "Please use military courtesies in my courtroom, Counselor."

David Sinclair had flushed slightly at his error, but recovered quickly. "Forgive me, Your Honor. Both my mother and father are retired Navy officers so, as one raised in a Navy family, I shouldn't have made that error."

Paul almost let his admiration show. His brother had brought out his military family credentials as early as possible without making the revelation seem phony.

David Sinclair faced the witness stand again. " Ensign Taylor, does your equipment ever malfunction?"

"Sure it does. If it didn't, I wouldn't have a job."

"Does it ever behave in ways it's not designed to behave?"

"Sometimes. Within limits. It's-"

"Has it ever done anything unexpected?"

Taylor gave David Sinclair a look of grudging respect. "Yes. It has."

"Can you honestly say that it is absolutely completely impossible that the safeguards and the system monitoring software didn't suffer brief simultaneous failures, or that some combination of failures somehow led the system to approve an action which it should not have approved?"

"Nothing's impossible. But-"

"Thank you, Ensign Taylor. No more questions."

David Sinclair walked back the defense table and sat down as the judge addressed Commander Carr again. "Does trial counsel wish to redirect?"

"Not at this time, Your Honor. Trial counsel defers to the members."

David Sinclair looked up quickly, then frowned again as Judge Campbell addressed the members. "Do the members have any questions for this witness, Captain Nguyen?"

Paul saw his brother whispering to Lieutenant Owings. It was obvious to Paul, at least, that this aspect of military justice didn't suit David Sinclair at all. It allowed the military officers on the "jury" to use their own experience and expertise to draw out information which the lawyers might or might not want brought into evidence.

Lieutenant Kilgary spoke softly to Captain Nguyen, and at Nguyen's nod she leaned forward. "Ensign Taylor, would you complete what you were about to say in your last answer?"

"Thank you, ma'am. I was about to say that something might not be impossible, but that doesn't mean it's got any real chance of happening. I can't rule out my system suddenly becoming self-aware, deciding it's God, and trying to take over the world, but just because that isn't flat-out impossible doesn't mean I stay awake nights worrying about it."

Another brief smile flickered over Lieutenant Kilgary's face. "Thank you, Ensign Taylor."

Lieutenant Commander de Vaca leaned forward next. "Ensign Taylor, when was the last time your system was certified safe for the storage of and access to classified materials?"

"Sir, that was last done on the afternoon of 17 August." A murmur ran through the courtroom.

De Vaca looked impressed. "The system was certified and approved in all respects?"

"Yes, sir. No faults noted, no waivers required. There never have been," Taylor added. "Not on my systems. You can look it up."

Commander Carr stood. "If the member desires, Trial Counsel is prepared to enter the inspection report and certification into the trial record."

"Yes, ma'am." De Vaca nodded. "Please."

Paul noted that de Vaca looked pleased with himself for bringing out the point about the inspection. He wondered at what point Carr would've introduced it if one of the member's hadn't. She likes letting her points get brought out by the members or even the defense. They make more impact that way. Maybe David will learn a few things from her.

Captain Nguyen looked from side to side to see if any other members had any questions, then gestured to the judge. "No more questions from the members, Your Honor."

Judge Campbell pointed her gavel toward the witness stand. "Ensign Taylor, you are temporarily excused. Please ensure you are available for the remainder of this court-martial in the event you need to be called again. As long as this trial continues, do not discuss your testimony or knowledge of the case with anyone except counsel. If anyone else tries to talk to you about the case, stop them and report the matter to one of the counsels."

"Yes, ma'am." Ensign Taylor stood and walked out, looking for all the world like she was actually the one in charge of the proceedings.

"The United States calls as its next witness Special Agent Pamela Connally."

Paul watched Connally stride purposefully to the witness stand, looking quietly professional. Commander Carr swore her in, then standing near her, began asking questions.

"Are you Special Agent Pamela Connally, currently employed by the Navy Criminal Investigative Service and assigned to the NCIS office on Franklin Naval Station?"

"I am."

"Describe your actions on the evening of 17 August."

Connally gazed calmly back at Commander Carr as she spoke. "I went aboard the USS Michaelson and placed a special tap onto the personal terminals of some of the officers."

"What was the purpose of this tap?"

"It would alert us if any classified information was downloaded in violation of the usual safeguards."

Commander Carr looked mildly puzzled. "We've just been informed that the computer systems on the USS Michaelson contain safeguards which would prohibit such downloads."

"Yes. That's right. If they haven't been deliberately interfered with. There is, however, software which allows a determined user to bypass those safeguards by essentially misleading them as to the actions being taken. The tap was designed to detect such bypassing despite the use of the software."

Carr nodded. "Then it would only report downloads which had deliberately," she paused for a fraction of a second, "bypassed the normal safeguards on the Michaelson 's systems?"

"That's right."

"And one of the terminals upon which you installed this tap was that normally used by Lieutenant Pullman?"

"Objection." David Sinclair was on his feet again. "Your Honor, I know this point was brought up in pre-trial arguments, but I must again protest against the use of evidence acquired from a terminal belonging to Lieutenant Pullman without benefit of a search warrant."

Commander Carr shook her head. "I must remind defense counsel that the terminal did not 'belong' to Lieutenant Pullman. It was, as I stated, normally used by Lieutenant Pullman."

"Using semantics to avoid requirements for legally obtaining evidence-"

"It is not a matter of semantics," Carr broke in.

Judge Campbell rapped her bench with her gavel. "I'll remind Trial Counsel and Defense Counsel that they are to maintain polite and civil exchanges in my court-room. Now, Commander Carr, did the terminal in question belong to Lieutenant Pullman?"

"No, Your Honor. The terminal was assigned to the desk used by Lieutenant Pullman, but it was and is the property of the U.S. government. Further, the terminal was and is located within a stateroom onboard the USS Michaelson, which location is also on government property. Since the terminal was not the private property of Lieutenant Pullman, and since it was located in a working space on a ship owned by the government, Lieutenant Pullman had no expectation of privacy on either that terminal or within that stateroom."

"Your Honor," David Sinclair protested, "an expectation of privacy is perfectly reasonable if a piece of government equipment is so assigned to individual use, within that individual's living area, that it becomes de facto private property."

Commander Carr let apparent exasperation show. " De facto private property? Can counsel for the defense provide case law supporting the supposition that government property can by assigned use become the private property of the user? Especially in the case of military equipment?"

Campbell held up her hand to halt the debate. "Defense Counsel, I must overrule this objection. Legal precedent is clear that both the terminal and living area in question were public property and that therefore no expectation of privacy existed for Lieutenant Pullman. That being the case, no warrant was required for U. S government personnel to access that terminal or that area."

David Sinclair grimaced and sat down again.

Commander Carr inclined her head toward Judge Campbell. "Thank you, Your Honor. Special Agent Connally, I'll repeat the question. Was one of the terminals upon which you installed this tap that normally used by Lieutenant Pullman?"

Connally nodded. "That's correct."

"There was no doubt it was the proper terminal?"

"None. It was positively ID'd to me and the ID was confirmed."

Paul tried not to look like he'd played a role in that. It had to be done. At least I'm not up there testifying and giving away my role in things.

Carr began walking slowly back and forth in front of Connally. "You installed the tap on the evening on 17 August on a terminal positively identified as that being normally used by Lieutenant Pullman. What happened after that?"

"We waited for any signal from the tap that illegal software had been used to carry out an unauthorized download of classified information. Late on the afternoon of 20 August, we received a signal from the tap notifying us of a large unauthorized download on that terminal."

David Sinclair stood again. "Objection, Your Honor. It has not been established that the download on 20 August was unauthorized."

Without waiting for Campbell to rule, Carr nodded. "I will ask the witness to use the term improper rather than unauthorized. Will that address Defense Counsel's objection?"

David Sinclair smiled politely. "Yes, it will."

Judge Campbell pointed her gavel again. "Then the objection is sustained and the witness is directed to use the term 'improper' to describe the downloading of classified information to that terminal on 20 August until such time as it is proven to have been unauthorized."

Connally didn't seem entirely happy with the instruction, but nodded. "Yes, Your Honor."

Commander Carr gave a brief, encouraging smile. "What did you do after receiving the signal from the tap on the terminal normally used by Lieutenant Pullman?"

"We positioned ourselves — "

"We?" Carr gently prodded.

"I'm sorry. There were four of us standing by, all NCIS special agents. We positioned ourselves discreetly near the USS Michaelson and waited. After a period of approximately fifty minutes, Lieutenant Pullman was sighted on the quarterdeck, dressed as if he intended to go on liberty. We waited until he left the ship, then closed in on him. Lieutenant Pullman appeared surprised by our appearance, but offered no objection when Special Agent Gonzalez asked for permission to do a scan for contraband."

Carr held up a hand to stop Connally's testimony. "Did Lieutenant Pullman offer no objection, or did he consent to the scan?"

"He consented. We obtained a record of the consent."

"If the court wishes," Commander Carr announced, holding up her data pad, "a copy of the recorded consent can be entered into the record."

Judge Campbell looked toward the defense table. "Well?"

David Sinclair stood, then shook his head. "I do not think that is necessary, Your Honor."

"Ah, but I do," Campbell responded. "Trial Counsel is directed to enter a copy of Lieutenant Pullman's consent to scan for contraband into the record."

Commander Carr rubbed her lower face for a moment. Paul was fairly sure she was concealing a smile, but couldn't be certain. "Please continue, Special Agent Connally," Carr urged.

"After receiving the consent from Lieutenant Pullman, Special Agent Gonzalez conducted a scan of Lieutenant Pullman. The scan detected two data coins, one located inside the seam of Lieutenant Pullman's upper garment and one located inside his sock. Based upon what Special Gonzalez determined of the content of both coins, he directed us to place Lieutenant Pullman under arrest. Lieutenant Pullman was read his rights, placed in restraints, and escorted to the brig, where he was turned over to the custody of brig personnel. We returned to the NCIS offices to file our reports on the matter."

Carr nodded, not saying anything for a moment, while the members watched her and Special Agent Connally. "Thank you, no further questions."

David Sinclair approached Connally with what Paul thought was a wary look in his eyes, but nothing in his face or bearing betrayed concern. "Special Agent Connally. You testified you're absolutely certain that you placed this tap on the terminal normally used by Lieutenant Pullman."

Connally calmly gazed back at David Sinclair. "That's correct."

"Did you ever see Lieutenant Pullman using that terminal?"

"No."

"Did you see him using that terminal on the twentieth of August?"

"No."

"Do you in fact have any direct personal knowledge that Lieutenant Pullman routinely used that terminal, and that he used it on the twentieth of August?"

Connally gave David Sinclair a long look. Before she could answer, Commander Carr was standing again. "Your Honor, Trial Counsel has access to numerous witnesses who will swear to having seen Lieutenant Pullman routinely use the exact terminal on which the tap was placed. Trial Counsel also has available the system logs for the USS Michaelson on the afternoon of 20 August which show that Lieutenant Pullman was logged onto that terminal."

David Sinclair spread his hands. "Your Honor, I would still like the witness to answer my question."

Campbell shrugged. "If it will make Defense Counsel happy, then by all means. The witness is directed to answer the question posed by Defense Counsel."

Connally had kept her eyes on David Sinclair. "In answer to Defense Counsel's question, no, I did not personally observe Lieutenant Pullman seated at the terminal on 20 August."

"Or on any other occasion?"

"Nor on any other occasion."

"Then how can you know whether or not Lieutenant Pullman was the one who downloaded the information that day?"

Carr stood again. "Objection, Your Honor. Defense Counsel is questioning the witness on a point not covered in her testimony. The witness did not testify as to whether or not Lieutenant Pullman downloaded the information. Her testimony was that a download occurred and that Lieutenant Pullman was subsequently found off the USS Michaelson while in possession of data coins containing information her compatriot identified as containing improperly downloaded material."

David Sinclair pursed his lips, but before he could speak, Judge Campbell intervened. "I agree, Trial Counsel. Objection sustained. Defense Counsel is reminded to cross-examine the witness only on matters she has testified about."

"Your Honor," David Sinclair protested, "the witness' testimony clearly implied that Lieutenant Pullman had carried out the download."

"Be that as it may, she did not explicitly state that as fact. If and when Trial Counsel makes that assertion of fact, you may address it. Let's move on, Defense Counsel."

"Yes, Your Honor. I have no further questions."

"Redirect, Trial Counsel?"

"Just on one point, Your Honor." Commander Carr stood, but remained at her table as she addressed the witness. "Special Agent Connally, were you certain that you had positively identified the terminal routinely used by Lieutenant Pullman before you placed the tap?"

"Yes. Without a doubt."

"After Lieutenant Pullman's arrest, when the tap was removed, was the terminal positively confirmed to be that routinely used by Lieutenant Pullman?"

"Yes."

"Have you been given any reason whatsoever at any time to doubt that identification?"

"No."

"Thank you. No more questions."

Captain Nguyen twisted her mouth in thought. "Special Agent Connally, I know terminals on warships are sometimes shared. How certain could you be that Lieutenant Pullman would be the one using that particular terminal?"

Connally didn't even look toward Paul, instead facing the members' table. "Captain, I was told Lieutenant Pullman used that terminal."

"By whom."

She didn't appear to hesitate. "One of Lieutenant Pullman's roommates."

"How many does he have? I'm sorry, how many did he have?"

"Three."

'And there are four terminals in that stateroom?"

"Yes."

Captain Nguyen nodded and sat back, her brow creased in thought.

Commander Sriracha raised a forefinger for attention. "Special Agent Connally, reading between the lines here it seems you had assistance on the USS Michaelson in planting this tap. Was the commanding officer of the ship apprised that NCIS was taking this action?"

"Yes, he was."

"And he had no objection to this plan or to the placing of the tap?"

Before Connally could reply, Commander Carr stood up, speaking with a tinge of apology in her voice. "Commander Sriracha, Captain Hayes, the commanding officer of the Michaelson, will be testifying later in the proceeding."

"Good," Sriracha approved. "I'd much rather hear it directly from him."

Lieutenant Kilgary spoke next. "Special Agent Connally, I'm frankly surprised that you were apparently able to covertly board the Michaelson and place that tap without being noticed by anyone in the crew."

"There was some deception involved," Connally stated. "The crew wasn't aware that I was a special agent or in any way connected to NCIS when I was onboard to place the tap."

Paul once again tried not show any reaction, but he found himself hoping Connally wouldn't veer so far toward implying things that weren't quite so that she'd end up committing perjury. Sure, the crew hadn't known about her status. But Paul had.

Kilgary looked impressed. "I wish I could ask how you managed that, but I have a feeling you won't want to answer in an open forum like this."

"No. I wouldn't want to go into details on how we conduct operations."

Captain Nguyen checked to see if there were any more questions. "That's all. Thank you, Special Agent Connally."

Carr was speaking again before Connally left the room. "The United States calls as its next witness Special Agent Robert Gonzalez."

Gonzalez went over much the same information as Connally had provided, except that he testified as to the contents of the data coins. "I only scanned the contents of the first coin briefly, enough to ensure it contained material classified Top Secret. The second coin contained a sophisticated and illegal software program designed to allow the download of classified material despite safeguards."

Commander Carr gave Gonzalez a demanding look. "So Lieutenant Pullman had in his possession not only a data coin containing classified material downloaded from the systems on the USS Michaelson, but also a data coin containing the software which would allow an individual to successfully carry out such a download?"

"That is correct."

"Did Lieutenant Pullman attempt to offer any explanation to you for the presence of those coins on his person when you discovered them?"

"No, he did not."

Commander Carr once again held up her data pad. "Trial counsel wishes to enter into evidence a listing of the classified material found on one of the coins in Lieutenant Pullman's possession and a description of the software found on the other data coin in Lieutenant Pullman's possession."

Judge Campbell nodded. "The court orders those items to be entered into evidence."

"No further questions."

David Sinclair approached the witness stand with an openly skeptical look on his face. "Special Agent Gonzalez, you testified that you found two data coins on Lieutenant Pullman. Did either of those coins bear any markings indicating they possessions of Lieutenant Pullman?"

Gonzalez pursed his lips and shook his head. "No. Neither coin had any markings on it."

"Did either coin have Lieutenant Pullman's finger prints on it?"

Another head shake. "No. Both coins had been wiped clean."

"Then you have no evidence that those coins actually belonged to Lieutenant Pullman?"

"He had them concealed on himself."

"Is it possible that someone else could have concealed those coins in Lieutenant Pullman's clothing?"

"Objection." Commander Carr shook her head at David Sinclair. "Defense Counsel is speculating and asking the witness to speculate regarding matters not introduced into evidence."

"Your Honor," David Sinclair protested, "it is perfectly reasonable to point out alternative explanations for the presence of the coins on Lieutenant Pullman."

"Your Honor," Carr replied quickly. "Defense Counsel has introduced no evidence to substantiate the argument that those coins were placed upon Lieutenant Pullman by some third party."

Judge Campbell blew out an plainly exasperated breath, holding up her palm to forestall David Sinclair's next statement. "If Defense Counsel wants to argue that someone other than Lieutenant Pullman placed the coins upon his person, then Defense Counsel must introduce some evidence to that effect. Do you have such evidence?"

"Not at this time, Your Honor."

"Objection sustained. The members are asked to disregard Defense Counsel's speculation in this instance."

David Sinclair lowered his head for a moment, then looked up again with his face composed. "Special Agent Gonzalez, did you ask Lieutenant Pullman if the coins were his?"

"No. I-"

"Thank you. That's all."

Commander Carr still standing, extended one hand toward Special Agent Gonzalez. "Trial Counsel wishes to redirect. The witness should please feel free to finish his last reply. I believe you were elaborating on whether or not you asked Lieutenant Pullman if the coins belonged to him?"

"Yes." Special Agent Gonzalez gave a hard look toward the defense table. "As I started to say, no, I didn't ask Lieutenant Pullman if the coins were his. That's because when we read him his rights, Lieutenant Pullman stated that he desired a lawyer. As soon as Lieutenant Pullman expressed that wish, I was no longer able to question him without his lawyer being present."

The members had no questions for Special Agent Gonzalez, who left with another glare toward the defense table.

"The United States calls as its next witness, Captain Richard Hayes."