Against All Enemies (27 page)

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.