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Author's Chapter Notes:
Tony is back in DC, and with his old team. Fornell shows up.
Tony sighed silently, his grip on the door handle tightening as Gibbs swerved around a semi with little room to spare. Gibbs’ driving hadn’t improved in the three months he’d been gone. Although, Tony could honestly say traffic in D.C. had nothing on Houston . He wasn’t sure if drivers in that city even knew there were rules of the road. At least in D.C. it was usually only Gibbs who drove like maniac.

He glanced over his shoulder, trading a look with Joe. Joe smiled back, looking completely at ease. If Gibbs thought his driving would unnerve Joe or Levon, he was mistaken. Tony didn’t think even Ziva’s driving would faze them much.

Tony took a deep breath and let it out slowly. Gibbs had called the team shortly before they’d landed. So everyone knew he was back, and Tony fully expected them to be at the Naval Yard waiting. He wasn’t sure if he’d be disappointed or relieved if he was wrong and they weren’t there.

Tony had no idea what to say to any of them. An apology for how he left would likely be a good starting point, except apologizing might make it seem as though he was sorry he’d quit or that he’d done something wrong. Neither was true.

Tony grimaced. Gibbs never apologized and no one expected him to. It didn’t seem fair that he should have to. But as Tony considered how Gibbs had left, the way he returned, and how he felt about his own treatment, it became less a reason to follow suit and more a reason not to. Tony wasn’t Gibbs; he didn’t have to use him as his benchmark any more or act like him.

The truth was he wished he had handled leaving better, and there was no harm in admitting it to his former teammates. His old team had never believed him to be infallible; admitting an awareness of his own limitations and shortcomings wasn’t going to shock them. He really had nothing to lose by being honest.

Levon’s words to him from several months ago came back to him"‘knowing when to say enough is enough isn’t a sign of weakness, it’s just good sense’. Tony didn’t know if McGee, Ziva and Abby would see it that way, but he was confident Ducky would. It wasn’t his fault if they couldn’t handle the truth or appreciate just how much crap he’d tolerated before reaching his breaking point.

Tony hoped that he could tell them enough they would understand, if not agree with, his choice. If they really had gone to the level of effort Gibbs said they did, he owed it to them to let them know as abrupt as his decision to leave appeared to be it wasn’t without some thought. He hadn’t left out of self-pity or selfishness. He hadn’t left out of spite. It wasn’t any one person’s fault but a culmination of a lot of things.

Hell, if I had to, I could always blame it on post traumatic stress, Tony thought. It wasn’t like that excuse would be too far from the truth. He’s certainly had his share of stress, but he didn’t want to blame his decision to leave on an illness he didn’t really have. The truth would simply have to do.

Tony thought it would be best if he didn’t apologize or explain his actions to his former teammates en masse. It was definitely something best done with each individually. That meant telling them probably wouldn’t be done immediately because if they were at the Naval Yard, they’d all be there…together. He’d just have to arrange some time alone with each of them. He didn’t think it would be hard because he was fairly certain Gibbs was hoping they’d corner him, one on one, to try and change his mind about coming back to NCIS.

Tony might not have convinced Gibbs he was sure about not returning to NCIS while on the plane, but the more he thought about it the more confident he became that he’d made the right decision. Even if his old team promised, as Gibbs had, that things would be different, Tony wasn’t sure he had enough faith to risk it. Their lack of respect, trust and concern weren’t acts of deliberate malice. They weren’t premeditated with the goal of hurting his feelings…so how could they promise it wouldn’t happen again?

Tony didn’t genuinely believe they could or would change enough to match what he had found with his coworkers in Houston. Even as a newbie, he felt more at home in Houston. He was more comfortable with his coworkers there in three months than he had been in three years at NCIS. In Houston, he was an asset to the team from the beginning, not just someone Gibbs had picked and no one else had faith in. His experience and credentials counted for something there. They didn’t question his ability or his skills.

In Houston, the team did things together. They were more than just coworkers…they were friends. There were dinners, drinks, movies, and basketball games. Hell, they even had a hang out. When Tony started work, before the others knew he was staying with Joe and Levon, half the squad had offered him a place to stay. When the boiler had gone out in his place in DC, none of his coworkers initially even considered letting him so much as sleep on their couch for a night.

It was possible his level of comfort with the Major Case Squad was really a byproduct of the fact that his new team had been together far longer than any team Gibbs had ever was. The only one on Gibbs’ team with any staying power, other than the man himself, was Tony. Everyone else was always new, always changing. In contrast, the core of the Major Case Squad had been together for years. Levon, Joe, and Carol had been on the squad for more than five years. Esteban had been part of the team for over three years. Only Roberto and Tony had less than a year in.

Periodically there were a few newbies who were rotated through for the benefit of the experience of working with Beaumont’s team. The core group saw it as their duty to take care of the new people, to look out for them and make sure they not only learned something but enjoyed the process of doing so. Overall, it made for a different dynamic; one that was more like the TV families Tony had been fascinated with as a child.

Tony glanced around the Naval Yard as Gibbs whipped into the parking lot without slowing down. Nothing had changed that he could see, and he hadn’t really expected it to. Tony sighed softly, a sense of dread welling up in him. Even if he had been looking forward to seeing his old teammates, this wasn’t a social call. Fornell was waiting inside to talk to him. The man might be hoping to use him to flush out Shepard, or he might genuinely want to see Tony convicted of murder. Either way, it wasn’t going to be any fun.

Not to mention Jeanne. Tony had no idea where she might be, and if he’d have to face her…or if he even wanted to. Part of him wanted the chance to explain, to ask her forgiveness. Another part wanted to smack her for daring to try and pin her father’s death on him.

Gibbs parked the car, tires screeching in protest at the abrupt stop. Tony resisted the urge to curse as the seatbelt drew him up short, holding him tightly to the seat. He’d forgotten how much he hated that.

“I’m guessing you don’t buy tires for this car,” Levon drawled laconically from the back seat. As usual, Gibbs ignored any comments on his driving.

Joe lightly slapped Levon’s arm. “Now you know where your tax dollars go.”

“I want my money back. Let him waste some other bastard’s dime.” Levon got out of the car, not bothered by Gibbs’ silence as he responded to his partner’s teasing. He stretched. Several vertebrae popped, announcing their presence loudly.

Joe gave him a dark look. “I hate it when you do that.”

“I know.” Levon smiled.

Tony couldn’t help but grin. He knew annoying Joe wasn’t the reason Levon made his joints pop. Having it annoy Joe was simply a bonus.

Gibbs started to walk away from the car, clearly expecting them to follow. Joe and Levon made no move to do so. Tony watched them, spotting the usual ‘weapons check’ movements. It could simply be them communicating with a few pointed looks, gauging their respective readiness to a full out cleaning of their weapons. Joe and Levon never entered into any situation either considered dangerous without pausing for a moment to check their readiness and make sure anything they might need to use was good to go. Today, it was a few looks and hands moving to ensure weapons were settled properly.

Even though he wasn’t expecting to use them, Tony checked his own weapons. His shoulder holster, neatly concealed beneath his well tailored jacket, was properly settled and ready. His backup ankle piece was where it should be. His belt knife was secure and ready if he needed it; Levon had sharpened it for him just last week. Tony smoothed out his expression, making sure he looked calm and unconcerned. His game face was as much a part of his arsenal as his guns and knife.

Joe shot him a questioning look. Tony nodded, answering that silent inquiry. He was okay and he was ready.

Gibbs turned back, his expression a blend of impatience and curiosity. Levon smiled at him, and then raised two fingers to the brim of his Stetson in his usual salute. It was a signal the entire team had adopted and used for a variety of occasions. They used it to greet each other, to say goodbye, show agreement, indicate approval and signify readiness. The salute certainly didn’t explain why they stopped, or why they were now moving to follow, and the trace of confusion in Gibbs’ face reflected he didn’t completely understand. Tony took perverse pleasure in knowing that in this small way Gibbs was out of the loop.

Going through security was interesting. The guard on duty was new. It was momentarily disconcerting for Tony to be confronted by the first true indication that things had changed since he’d left. He sighed silently. There would be no just walking through. He shouldn’t really be disappointed. He’d only gotten to do that when Mike was on duty and it was two in the morning.

Tony ducked his head, hiding a smile when the guard’s flabbergasted expression when Joe proceeded to unload his weaponry. Gibbs arched an eyebrow at the number of lethal objects Joe had managed to hide about his person.

“He always pack that much heat?”

Tony shrugged. “Sometimes he carries more.”

“Why?”

“Not my story to tell.” Tony shook his head. If Gibbs really wanted to know, he’d have to ask Joe himself. Joe trusted him with his secrets; Tony wouldn’t betray the trust his cousin put in him by speaking out of turn.

Joe shot the guard a dirty look as he set about returning all his weapons to their previous places. Levon just nodded to the guard, no rancor in his demeanor despite being forced to remove his belt in addition to his weapons because the buckle set off the metal detector. Tony knew he understood the guy was just doing his job.

Finally free to enter the building, they stepped into the elevator. Tony took a deep breath and released it slowly, watching his reflection in the high polish of the elevator doors. He tried on a smile for size and wasn’t surprised the mask it no longer fit. He hadn’t had to smile when he didn’t feel like doing so since he’d left. No one in Houston ever wanted or needed him to be anything other than genuine. Joe put a hand on his shoulder, squeezing once.

The doors opened. Tony eyed the familiar floor, noting again how little had changed. He almost wished the walls had been repainted or the furniture rearranged. Maybe then it wouldn’t feel so odd to be where things looked familiar but not longer felt the way they once had. He was reminded of his last visit to his father’s house just before going to college. Nothing had changed and yet nothing was the same.

Tony let Gibbs exit first. Doing so was as much the byproduct of an old habit as it was his unease with the thought of having to face his former teammates. The hesitation was minute, and likely wouldn’t have been noticed by anyone who didn’t know him well. The light pat on his shoulder from Levon, a gesture of support and encouragement, had been exactly what he needed.

Tony followed Gibbs to the team’s work area. Joe and Levon flanked him on either side, half a step behind.

“Tony!!”

Abby’s cry of his name wasn’t entirely unexpected, nor was her running forward to hug him hard enough to steal the breath from his lungs. He was able to make a ‘stand down’ gesture to Joe and Levon when he saw them reaching for their guns. He’d told them about Abby, and they’d seen pictures of her, Levon had even ‘met’ her via their link up when reviewing the case, but it was hard not to see her flying, full body tackle type hug as a non-threatening action when witnessing it for the first time.

Tony hugged her back, basking for a moment in her display of affection. He rested his cheek on her head, eyes closing as he breathed in the scent of her shampoo and gunpowder perfume. It didn’t matter that she’d ignored him, dismissed his ability to do the job, failed to even ask about his health, or hurt his feelings. He’d missed her.

Tony reluctantly began the difficult process of extricating himself from Abby’s hug. It had never been easy to get her to let go before she was ready and this time was no different. What was different though was that she didn’t immediately begin speaking when they were finally arms length apart. She just stared at him with overly bright eyes and an uncertain smile.

Not wanting sure what to make of Abby’s behavior, Tony looked away. He nodded to McGee. “Hello, Prob--” Tony stopped abruptly, cutting off the nickname McGee had always objected to. McGee wasn’t his probationary agent any more and Tony wasn’t even an agent now. He had no right to call him ‘Probie’.

“McGee. Good to see you.”

Tony wasn’t quite sure what to make of the flash of disappointment he saw in McGee’s eyes. Maybe he’d actually wanted to be called ‘Probie’. Tony internally rolled his eyes at himself. It was for more likely the other man wasn’t as happy to see him as Abby seemed to be a moment ago. But McGee smiled at him, and it was genuine.

“Good to see you too, Tony.”

Tony shifted is gaze to Ziva. The Israeli was just as lovely as he remembered her being. And just as hard to read. Her expression gave nothing away.

“Hello, Ziva.”

“Tony.” She nodded to him. Her eyes roved over him with an intensity that made Tony think backing up would be a good idea. He wasn’t entirely sure what she was looking for but the last person to look at him that way was Joe after he’d been shot at and his cousin was making sure he hadn’t been injured.

Apparently satisfied he was physically okay, her dark eyes slid past him to rest on Joe and Levon. Given their earlier conference link up Tony was fairly certain she knew who Levon was. And figuring out who Joe was wouldn’t take much of a leap of logic for her or the others, especially not since Gibbs had probably told them who to expect. He knew Joe and Levon were fully aware of who the people were in front of him as well, but good manners dictated he at least make an introduction of some kind since this was the first time they’d truly met in person.

“Abby, McGee, Ziva, these guys are Joe LaFiamma and Levon Lundy.”

“Joe, Levon,” Tony waved a hand toward his former teammates, “Abby Scuito, Timothy McGee, and Ziva David. Gibbs’ team.”

“We are your team too,” Abby blurted out, and then immediately sent a contrite look toward Ziva and McGee. “I’m sorry. I know we all agreed not to push immediately. And I know I promised I wouldn’t do anything but hug him, that I wouldn’t say anything or get carried away but it is so hard to just"“

“Abby"“ McGee tried to interrupt her steady stream of words.

“stand here and let Tony act like he’s not part of our family any more. It’s not right"“

“Abby"“ It was Ziva this time.

“We messed up and we have to make it right.” Abby’s hands flailed wildly, tears welling up and threatening to spill over. “We might have already waited too long! We should have"“

“Abby.” Gibbs said her name quietly and yet it was enough to silence her. She blushed, looking guilty, feet shuffling uneasily.

Tony didn’t like seeing that expression on her face or the uncertain posture. She hadn’t done anything wrong. Not really. It was unrealistic to expect Abby not to speak her mind, or express her emotions.

“It’s okay, Abby.”

She didn’t look convinced, but she didn’t look as upset either. He smiled at her, putting as much warmth and acceptance as he could into his expression. “It’s okay.”



She nodded, smiling back at him. Tony hoped she hadn’t read more into his expression and words than he intended. He didn’t want to mislead her into thinking he was coming back to DC. Or that everything was square between him and the team. He hadn’t forgotten the reasons he’d left in the first place even if he wasn’t nearly as angry or bitter about them any more.

Tony opened his mouth to clarify himself, to make sure Abby…and everyone else understood. But before he could say anything his name was called. Or rather someone mispronounced his name in a tone that demanded attention.

Tony sighed, as he turned. “Hello, Fornell.”

Fornell strode forward, his ever present long coat flapping about him as he moved. Agent Sacks trailed along behind, a dark scowl on his face. Tony couldn’t resist winking at the FBI agent.

“Slacks.” Tony deliberately goaded the man by using the wrong name knowing how much it annoyed him. Sacks glared at him. He really should learn to control himself better, Tony thought. Tony had never reacted to Fornell’s abuse of his surname, not because it didn’t annoy him but because he didn’t want to give the FBI the satisfaction of knowing it bugged him.

“What can I do for the FBI?” Tony asked, keeping his tone genial.

“Where the hell as Gibbs been hiding you?” Fornell demanded.

“Hiding?” Tony arched an eyebrow. “Why would he be hiding me?”

“You no doubt already know why.” The muscles in Fornell’s jaw flexed. “Now where the hell have you been?”

“I was at home.” Tony shrugged.

“Bullshit.” Fornell scowled. “I sent agents to your place. You were never"“

“No, you sent agents to where I used to live. My home is in Houston now. Which is very convenient because it’s also where I’ve been working.” Tony smirked. “If anything you should be grateful to Gibbs for going out of his way to let me know you need to speak with me.”

Fornell stared at him. “Houston?”

“It’s a city in Texas,” Levon supplied helpfully, his drawl far more pronounced than usual as he deliberately played up the ‘good old boy’ routine. “Pretty sure most people even this far North have heard of it.”

Tony didn’t need to look to know Levon’s eyes were alight with mischief. It was all he could do not to laugh at the expression on Fornell’s face.

“Who are you?”

“Sergeant Levon Lundy, Houston PD. And before you ask, the other feller you don’t know is Joe LaFiamma. We are work with Tony.”

“For how long?”

“Couple of months.”

“Gibbs, why the hell didn’t you tell me he’d left NCIS?”

“You didn’t ask,” Gibbs returned mildly.

Fornell didn’t look happy, but then Tony had never seen the man look happy. He wondered if the FBI agent even knew how to smile. But then, the guy had a little girl, so maybe he did…most people smiled for their kids. Unless he was like Tony’s father, then maybe he only smiled for her in social settings when it was required.

“I understand you’ve got some questions for me,” Tony said. He’d like to move this along and get it over with.

“I do.”

“You’ll do the interview here.” Gibbs’ statement clearly wasn’t a request. “In one of our rooms.”

Fornell looked as if he might challenge Gibbs before he nodded. Tony had never quite understood their relationship. They reminded him of a couple of terriers. A lot of snarling and snapping but it was hard to know if they really meant it or if it was just part of their innate nature.

Fornell might have given in because of the hostile looks coming from Ziva, McGee and Abby, and the way they started to fan out, moving into flanking positions. Not that they likely intimidated Fornell much. Well, Ziva maybe since her ability to be lethal was common knowledge. But, collectively, they did have Fornell and Sacks outnumbered.

“And I’ll be sitting in on the interview,” Joe added.

Fornell raised both eyebrows. “Excuse me?”

“I’ll be acting as Tony’s legal counsel.”

Joe had suggested this course of action when they’d gone jogging. Even though Joe and Levon were law enforcement officers they didn’t have any standing when it came to a federal case. Making Joe Tony’s legal representative guaranteed he’d have the authority to consult with his ‘client’ whenever he needed to, and could have access to any evidence currently on file or discovered later. It would keep Joe and Levon in the loop without the need for any sort of ‘special interagency cooperation’ bullshit.

Fornell gave Joe an appraising look. “You’re not an attorney.”

“And I don’t need to be one.” Joe smiled. “It has become common practice that an attorney is used, but nothing in the law mandates a suspect’s counsel be a licensed member of the bar. The only definitive requirement is that a subject be provided with someone capable of giving him sound legal advice with his best interest in mind. And I am fully capable of doing that.”

“Oh you’ve got to be kidding,” Sacks rolled his eyes.

“Whether it is me or an attorney of Tony’s choosing, he will have counsel present.” Joe’s statement was flat, leaving no room for argument. That didn’t stop Sacks from trying though.

“You think you need an attorney,” Sacks snorted, his tone implying the only reason Tony would need one is if he had something to hide.

“It’s not a question of need, it’s about his rights.” Levon said mildly, but there was no denying the sharp undertone. “Or were y’all just planning to run roughshod over that little rule of law?”

“It is not as if they haven’t before,” Ziva pointed out. “They did try to pin another murder on Tony.”

“Never even read him his rights before they put him in a holding cell,” McGee added.

Sacks grimaced, clearly not happy with the reminder of that case. “He hasn’t even been formally charged with anything.”

“Because you never honor anyone’s rights until then.” Levon shook his head. “No damn wonder the FBI has so much trouble closing cases.”

“Hey, you can’t"“

“Sacks,” Fornell growled, silencing his agent’s protest. “LaFiamma can sit in on the interview.” He scowled at Gibbs. “I’m not going to tolerate any more interference from you, your team, or anyone else in my investigation.”

Gibbs just shrugged it off, and the rest of his team did likewise following his lead. Tony knew Joe and Levon would ignore the warning as well. They didn’t answer to Fornell, or Gibbs either for that matter. It was one of the reasons he was glad they’d insisted on coming with him. It was decidedly reassuring to have people in his corner that had no other objective than to make sure he was okay, who didn’t have to answer to anyone else or have ulterior motives.

Tony wondered what Fornell would think if he knew Gibbs had been left in the dark about his and Joe’s decision to make Joe his legal representative. Tony hadn’t seen the need to discuss it with Gibbs. It wasn’t like he had to have the other man’s approval. But it was probably better if Fornell remained unenlightened and let him think the idea had been one of Gibbs’ ploys. Having people underestimate him was something Tony made use of most of his life.

“Happy now?”

“Ecstatic.” Tony smiled tightly.

He would rather not do this at all, but he didn’t have a choice. At least this time, he knew the evidence they had was crap. It wasn’t nearly as good as what Chip had manufactured to frame him for murder. Odds were the case likely had nothing to really do with him at all, although he found that to be small consolation. Hopefully, while Fornell was tying to rake him over the coals, Gibbs could get everyone else busy on the plan they’d worked out on the plane to keep the rest of NCIS from getting coated in Shepard’s mess…assuming the former Marine didn’t think of something better on his own to implement.

Tony squared his shoulders, meeting Fornell’s gaze. “Shall we find us a quiet place to chat?”
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