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They don’t arrive back at the Yard until almost eleven and Gibbs sends McGee and Ziva home without a word of explanation. The only word he offers Tony is “later”. They check in the evidence and make their way to Abby’s lab in resigned silence. Abby sits worrying her lip and watching the door when they arrive. Gibbs opens his arms and she practically flings herself at him.

Tony leans against the wall by the door and wishes they were home where he could slide an arm around each of them to draw and give comfort.

As if reading Tony’s mind Gibbs relaxes the embrace, “Come to the house Princess.”

“Sorry I didn’t figure it out sooner,” She mumbles softly in return.

“Bullshit Abby,” Tony almost growls, “it is not your fault that a CIA agent with backup slipped a tail. So don’t do that to yourself. Let’s just get out of here.”

Abby considers Tony a moment before nodding, shutting down her computers and wrapping both her arms around Tony’s left, “You said something about Home?”

In the elevator she tilts her head to rest against Tony’s and he smiles a bit before kissing her forehead, “We won’t give up Abbs. Not until someone answers for this.”

Recognizing their continued tension Gibbs stops the elevator and wraps them both in a hug, “She is going to pay for this. Sooner rather than later. But we need to come after her carefully and quietly. So first I’m taking you both home. We are going have a real meal and then we’re all going to get an actual, reasonable amount of rest. Tomorrow we’ll start documenting all the ways she failed Reston. And don’t believe for a minute I’ve given up on Thorne either.”

He knows sending his team home for the second time in two days will likely alert Jenny that something has changed, but he sincerely hopes she believes they’re all still ignorant of her involvement. Situational awareness outside of undercover operations was always one of her weak points, and had in fact contributed to their falling out.

Tony startles him out of his thoughts with a quick kiss and a nod toward the control panel, “Let’s get home.”

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

When the smell of fresh brewed coffee fills the house at just after 0600 Tony sits up to yell in the general direction of the stairs. Then it occurs to him he just lifted his face from Gibbs’ shoulder and the other man still has am arm around his waist. After the last couple of days there’s no way it’s Abby downstairs, so he turns back to his bedmate and pokes him in the shoulder, “Did you leave the door unlocked all night?”

“You locked up last night,” Gibbs reminds him quietly. “Stay here, I’ll see who it is.”

“If you’re not back in five minutes I’m shooting first and asking questions later.”

“I always feel more confident with you on my six,” The comment is a touch flippant but the smile it’s offered with assures it authenticity.

“You just like knowing I’m checking out your ass,” Tony shoots back with a smile of his own.

Despite Gibbs’ instruction Tony pulls on a pair of track pants, grabs his gun and moves down the hall to Abby’s room. When he arrives she’s still soundly asleep and he decides it might be for the best to just let her sleep. To that end he takes a defensive position inside the door. Which is where Gibbs finds him two minutes later when he comes back upstairs. He grins and pulls Tony into the hall, “Protecting our little girl?”

“She is our only little girl after all,” Tony quips. “Who is it?”

“Tobias has news.”

“And a key?”

“No, he just knows which section of the gutter the hide-a-key is usually in.”

“You guys are too loud for this early in the morning,” Abby complains as she emerges from her room.

“You know your father princess, always a workaholic.”

“Fornell let himself in sweetheart. We’re headed downstairs, you can go back to bed if you like.”

“Is it about Danny?”

The men share a look at that, clear evidence that in failure Abby’s become attached to Reston more so than perhaps she should. “Yeah Princess it is, I’m going to put on a shirt if you want to take a second and come down with us,” Tony offers.

Abby retreats to pull her hair into a ponytail as Tony disappears back down the hall.

When they arrive in the kitchen Fornell is sitting at the table with a cup of coffee. Abby immediately takes the seat beside him as Gibbs and Tony both take a moment to get their own coffee. As they do Fornell smirks, “The whole family’s here huh?”

“When stressed we stick together,” Tony responds just a touch defensively.

“Fair enough. Sebastian Thorne’s medical discharge was a cover. He’s in place as Jeanne Benoit’s friend to protect another agent’s cover. You’ll recall, Jethro, I told you earlier that there’s an agent in Benoit’s organization. Thorne served as a distraction when the other agent had a close call.”

It’s Tony that gets it, “And Ross was threatening Thorne’s influence, whether or not he was an undercover operative.”

“So he blew him up?” Abby demands, clearly horrified.

“So he neutralized him.” Fornell corrects gently.

“He told us himself he tried to talk Danny into walking away. Danny didn’t go for it. Thorne knew before we told him that Danny wanted to marry Jeanne.” Tony explains quietly, “He didn’t know any better than to fall for her and it got him killed.”

“She has to pay for this,” Abby is almost vibrating with anger.

“She will,” Gibbs promises, “but we’re going to try to do it the right way first because she will go down swinging.”

Fornell looks to each of them in turn with confusion written clear across his features.

Tony looks to Gibbs for confirmation before answering, “Danny Reston was an agent in our legal department with no field experience, no undercover training. And this was an unsanctioned op, some sort of personal vendetta of Shepard’s.”

“How have you not thrown her into the deepest darkest hole you could find yet?” Fornell asks Gibbs directly.

“Had to try to do right by the kid first. He was one of ours even though he wasn’t a field agent. In fact we owed him more because of that. And she has no idea we know what she did.”

“How’d you manage that?”

“She’s a vain creature who believes entirely that no one else can see what she’s up to if she just smiles while she lies.”

Fornell nods, “She shouldn’t get away with it. Call me if there’s anything else I can help with. And your cooking better live up to the hype DiNote-zoe.”

Tony smiles at that, “I’ll make you my specialty Toby. We all appreciate the help.”

“Thanks Uncle Toby,” Abby adds kissing his cheek.

Fornell chuckles, “I’m Uncle Toby now?”

“You are Pop’s best friend.”

“I’ve been adopted haven’t I?” Fornell asks.

“Don’t worry, we’re still aware that only other agencies’ rejects work for the FBI,” Tony assures him.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

When Tony pulls away Gibbs glances at Abby, “What exactly is McGee’s problem with T0ny?”

“There are two possibilities. Either the fact that Tony is competent really disturbs his world view or he was only comfortable with Tony being gay when he didn’t know who Jay was. Either way it’s completely McGee’s issue and Tony handled it as well as he could. Tim will grow up and get over it. It’s just going to take a little time.”

“Keep half an eye on the situation for me baby girl.”

“Sure thing Pop. And you make sure you back Tony up when he acts like a grown up.”

“I couldn’t do anything else sweetheart.”

Abby nods and shakes her head, “What are we going to do about Shepard?”

“You’re going to start by logging Danny’s ops notes and your friend’s translation into evidence. Then trace the lease on his cover apartment and go after the money trail on the car’s registration again now that you know for sure that it should trace back to an NCIS account, or if she’s really gone over the edge, Shepard’s private accounts.”

“What are you going to do?”

“I’m going to try to finesse some information out of Jenny while McGee goes over Reston’s records and Tony searches out what Jenny’s grudge against Benoit is.”

“And Ziva?”

“I honestly don’t know yet.” He stops the car to pick up Abby’s Caff-pow! and tips her face toward him with a gentle hand, “If it comes to it I’ll throw her in a deep dark pit myself sweetheart. I know she isn’t your favorite person but the history I do have with her means we have to at least try to give her a fair shake, even if we all know she doesn’t really deserve it.”

“He was just a baby.”

“I know it Princess.”

When they arrive at the Yard he walks her to her lab and stays at her side as she boots up her computer. She hugs him tighter knowing that he’s about to leave her. “Send Ziva a copy of Reston’s notes. We’ll have her look at any thing he did that might have resulted in actual evidence.”

“She’ll have it before you can make it upstairs.”

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

It takes over three hours for any of them to turn up anything useful. When he does Tony gives Gibbs a significant look and announces “I’m heading down to see Abbs.”

Gibbs nods and follows him into the elevator. Almost immediately Tony hits the emergency stop. “It seems Benoit is suspected to have been responsible for the death of Jasper Shepard, and for the record yes, that is her father.” He sighs heavily, “I get wanting revenge for his death, I really do. I don’t get putting a baby agent in harms way to get it.”

He pulls Tony close but doesn’t quiet hug him, “I honestly don’t know. Especially because if she’d come to me in the first place I would have helped her.”

“I know you would have. I probably would have, too. I might still if Reston hadn’t ended up dead.”

“I know what you mean. As it stands I’ll gladly watch them put her away for the rest of her life. The minute she forgot her obligation to that boy any good will went out the window.”

“Now we just have to prove she did it.”

“She’s not half as clever as she thinks she is, we will find the things she’s missed.”

Tony sighs, “You need to find a minute and let Tim in on what’s really going on here. If I’m the messenger he’ll assume it’s about the way she drools after you and run to tattle about us.”

“He does sometimes miss the importance of standing by our own. Even when it’s one of us that we have to defend them from.”

“It’s that lack of real world experience. Comes from recruiting them right out of college.”

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

It doesn’t take Ziva much longer to find a hand written report, photographs and two SD cards with video footage on them logged in under a phony case number. It’s unclear whether Reston did it for insurance or because he didn’t know how to properly log evidence obtained while undercover but it’s helpful all the same. Ziva observes aloud that there is no mention of any of these materials in Reston’s coded notes.

The photos are the ones McGee was able to confirm correspond to CIA surveillance of Benoit as well as two dozen that don’t. Some are fairly standard for an investigation into an arms dealer, Benoit meeting with someone on an airstrip. A package being exchanged for a briefcase, no doubt one packed with cash.

Others are far from normal, they show Benoit kissing his daughter’s cheek, having dinner alone in an upscale restaurant. The last set of three are just the smallest bit disturbing, they’re clearly taken from a distance with a telephoto lens, and they show Benoit taking coffee in a dimly lit kitchen. They seem more like the work of a stalker than surveillance.

The videos are standard stuff and enough to put Benoit away had that been Shepard’s intention. Given that they pre-date many of the still photos it’s unlikely Shepard had ever been interested in justice for Benoit’s crimes. What they don’t make clear is what her intentions actually were.

A silent look that passes among them tells Tony that Ziva and Gibbs both believe that she likely intended to find an opening and kill him herself. None of the evidence they have supports the theory though so they continuing looking for signs of a negligent disregard for Reston’s life.

The report details a surveillance operation in a restaurant that, if accurately reported, is the sloppiest thing Tony’s ever heard of. The kid literally sat at the next table and wrote down what was said. On top of the danger of being caught he wasn’t able to see a damn thing and given that a meeting like that is almost always about a hand off not being able to see would constitute a problem.

Tony cringes and turns to McGee for confirmation that Reston hasn’t been trained for anything nearing what Shepard had clearly expected him to do.

“A deeper look into his records and files just confirms what we knew on that front, he was never field trained. The only thing even nearing field training is basic firearms qualification which Reston himself requested. There is a recommendation that he be allowed to begin training for field work from his immediate supervisor in his file. The request was making its way through channels but had yet to pass through the right hands to be approved or denied. Judging by the dates he was already working on this assignment when the request was made.”

“I’m going to start trying to prove she knew how dangerous this man is before she put him in there,” Tony announces softly and Gibbs nods his assent.

After a moment he sighs and stands, “McGee, try tracking Thorne’s movements, he may have gotten sloppy running on such short notice. Ziva make sure we’ve got records of everything we’ve found so far.” He turns to Tony knowing he’ll be understood, “I’m going to go make the call neither of us wants to.”

Tony nods his understanding.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Gibbs declines a drink but takes the seat across from Sec Nav as instructed.

“I assume this isn’t a social call Jethro.”

“Is it ever a social call, Phillip?”

He shakes his head, “And does Director Shepard know you requested this meeting?”

“That would defeat the purpose, sir.” He slides a folder across the table. “I assume you’re aware of the death of Agent Reston Tuesday night.”

“He’s the agent that died that in the car bombing?”

“Yes air, he is.”

“I believe the director mentioned you had a suspect but were unable to apprehend him.”

“An extraction team helped him slip our net, yes. But Thorne, the suspect, is not what I’m here to discuss. Danny Reston was not a field agent sir.”

“It was my understanding that he was undercover dating the daughter of an arms dealer.”

“Yes sir he was. In an unsanctioned operation.”

Sec Nav stiffens at that and makes a ‘go on’ motion.

Gibbs details Shepard’s connection to Benoit, including the ridiculous named she’d called him the last time they spoke about the case, when she thought she was in clear. He summarizes Reston’s lack of training and experience. And he closes with the sad facts of the romance that was Danny Reston’s undoing.

When Gibbs is finished Sec Nav orders another drink. “I assume this file is the documentation of the facts you’ve outlined for me?”

“That’s all of it yes.”

“I expect you to stay out of this from now on. You’ve brought it to my attention and I’ll handle it from here Jethro.”

“So long as you do indeed handle it Phillip.”

“How is it that Tom never had you shot?”

“I’m that good. And so is my team.”

“It will be properly handled.”

Deciding a little respect won’t kill him Gibbs smiles sadly, “I’m sorry it’s come this.”

“I’m sorry too.”

Gibbs leaves it at that.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Both Tony and Abby remain agitated the entire week the evidence rests with Sec Nav. When the other shoe does drop it’s not quite what any of them expect.

He comes in to speak with her personally with Ducky at his side and a short while later a paramedic and one of the security guards join them upstairs. Moments after that Shepard leaves with the medic and the guard. Ducky emerges half an hour later and heads directly for Gibbs’ desk.

“You really should have told me what she’d done Jethro.”

“You’re not responsible for her Duck.”

“In this I am. She confided in me months ago that she was unwell.”

“That makes what she did worse Ducky.”

“Join me in my office Jethro,” Ducky instructs stiffly.

Gibbs follows without comment.

Once they’re alone Ducky sighs, “She has a brain tumor Jethro. She’s lost all inhibitions. I had thought she was showing remarkable restraint given the circumstances. I should have known that just wasn’t possible.” The lack of an anecdote about loss of inhibitions speaks to just how deeply Ducky is disturbed.

“Even with lowered inhibitions she made a choice Duck. If she had decided that all bets were off and gone after Benoit with a gun in the street I would believe that her medical condition made her incapable of restraining herself. She didn’t. She plotted, planned and had a naive young man who had no idea that what she was asking him was beyond the responsibilities of his job do her dirty work. And what’s worse is she then didn’t prepare him for what he was facing. I’m not saying he would absolutely be alive right now if she had bothered to at least show him the ropes, but he’d have had a fighting chance. Most of all because he would have been able to tell the situation she was trying to put him in was a bad one.”

“I thought he was an agent.”

“In that he worked for the agency, yes. He was one of the agents in the legal department. From what McGee tells me young Danny was a whiz with legal precedent and sweet talking the civilian court system. He was twenty-five. Barely even finished with law school. She didn’t set the bomb, but she put him in the car.” He dials back the glare he knows he’s unfairly leveling on Ducky, “We were too late to save that boy but there is no way I was going to let her get away with what she did to him.”

Ducky is silent for several minutes before nodding sadly, “Secretary Davenport allowed her to voluntarily commit herself to a psychiatric facility It’s my understanding that he’s going to tell the press that she’s stepped down for medical reasons.”

“I suppose I shouldn’t have expected anything else from a politician.”

“You wanted to see her go to jail?”

“She left a subordinate twisting in the wind for her own agenda Duck. And she shook my little girl’s faith. I wanted her to pay for those things.”

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Tony hands Abby her caff-pow! and kisses her cheek by way of his morning greeting, “What has you all abuzz today Princess?”

“Two things, dear Prince Charming. First, I’m really excited about who I got for secret santa.”

Tony makes an acknowledging sound. Based on who he got and Ziva’s reaction to who she got he’s willing to bet he knows who Abbs got. “And second?”

“Second is a little something I heard on the rumor mill. It seems our new director thinks very highly of you, Very Special Agent DiNozzo. There’s mention of a comment that the reports that you’re juvenile and lack focus must be referring to another agent.”

“Director Mills just never met frat boy Tony. I won’t tell if you won’t.”

She laughs, “There are other rumors that Pop had you brainwashed.”

Tony laughs too, “I like the blackmail rumor better.” Her confused silence prompts him to she his head and explain, “According to that one Toby requested I be assigned to a joint task force and Gibbs gave me the option: I could grow up and start acting like I was his second in command or he’d put me on the task force.”

She hugs him, “Let them speculate, they’ll never guess the truth.”

“No, none of them could even conceive of it.”

“It’s probably for the best.”

“What are you up to today?”

“I’m trying to plan the team holiday party. You want to help?”

“I will decorate the house and cook if you’ll do the rest of the planning.”

“So it’s your house to volunteer now, is it?” Gibbs asks from directly behind Tony.

Tony is proud that he neither startles nor instantly grins like an idiot. “Like you could so no to either of us on a thing like this, let alone both of us.”

“As if I’d want to,” Gibbs concedes evenly.

Abby grins broadly at that, “And they lived happily ever after.”
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