This is a bit darker than my recent stories.

Tony DiNozzo had been home for three hours and was showering for the fourth time as he tried to rid his body of the stench of that place. Logically, he knew that he was clean and that the only smell on his body belonged to his expensive shower gel but, so far, each time he had emerged from the shower he had convinced himself that he could still sense something else lingering.

He looked at the clothes he had been wearing and longed just to toss them all away but logic, again that sensible word, demanded that he get them dry cleaned instead. He dried himself off and put his tatty jeans and comfortable sweater back on hoping that this time he had defeated the unwelcome odour.

As he opened his bathroom door he smelled something else: a smell that had until twenty four hours ago, been a source of comfort and security. Now it almost made him want to throw up. He straightened himself up and prepared for the ordeal ahead.

"Special Agent Gibbs," he said, "I didn't hear the bell ring."

"The shower was running," said Gibbs. Tony wasn't sure if that was meant as an excuse or a reason for the senior agent to pick the lock. He decided not to enquire. In fact, he decided not to say anything but just moved into the kitchen to get a drink.

"Vance said you're taking some time off," said Gibbs.

Tony huffed a laugh but it wasn't the sort of noise that his team would normally associate with a Tony laugh.

"Is that what the Director said?" asked Tony.

"Sure. He said you decided you needed to take some time out."

Tony shrugged his shoulders tiredly and filled the kettle.

"I'd offer you a coffee, Special Agent Gibbs, but that would imply I want you to stay. And I really, really don't want you to."

"I don't want a drink, DiNozzo."

"Well, that's good. A meeting of minds ... for once." Tony rummaged in the cupboard, thinking vaguely that perhaps some hot chocolate might be comforting. It also meant that he could keep his back to Gibbs.

"So, how long are you taking?" asked Gibbs.

"Didn't the Director tell you?"

"I wouldn't be asking you if he had, DiNozzo."

"I think the Director and I have different interpretations of me taking time off," said Tony, suddenly feeling nauseous at the thought of hot chocolate and getting teabags out instead.

"What does that mean?" snapped Gibbs.

"It means that I wanted to quit but the Director suggested I should use up my leave and comp time instead. Well, actually, he didn't suggest, he insisted."

"And you said yes?"

"Shouldn't come as a surprise, Special Agent Gibbs. After all, someone like me would jump at the chance to do nothing at the taxpayers' expense. Hell, it's a miracle I come to work at all."

Gibbs' eyes narrowed for a moment but he didn't take the bait,

"So, how long are you going to be gone for?"

"Why d'you want to know?"

"I need to know how long I'm going to be a man short."

"I'm sure the Director will assign you another 'man'," said Tony, poking his teabag in the mug with the utmost concentration.

"I don't want another man," said Gibbs, "I want you." An odd look passed over Gibbs' face as he made this confession. Tony gazed at him, trying to work out if that fleeting expression spoke of contrition, embarrassment or triumph. Contrition because he regretted what had happened; embarrassment that he'd had to confess he needed Tony; or triumph because he thought he had played a winning card by appealing to Tony's need for affirmation. Tony couldn't decide and, at that moment, didn't really care. There was a time when such a declaration by Gibbs would have brought Tony to attention immediately, ready to lay aside any grievance because the all-powerful Gibbs had admitted to needing him.

Tony shrugged his shoulders again and, deciding that the tea had steeped enough, carefully removed the teabag. He went to the cooler to get the milk out; at the moment, making his tea perfectly was the most important thing in the world. He put the milk in the mug, added sugar, stirred the drink and put the milk back. He walked past Gibbs back to his living room, sat down on his couch and flicked the TV on.

Gibbs followed him and switched the set off. Tony took a sip of his tea and cursed inwardly when his hand shook slightly causing him to spill some.

"What's going on, Tony?" asked Gibbs, "talk to me."

Tony laughed that odd laugh again but said nothing.

"Look, I know you're mad about what happened ..." said Gibbs, "but you don't have to quit over it."

"Who'd have thought it. You and the Director agreeing about something," said Tony sarcastically.

"The Director knows you're a good agent," said Gibbs.

"And you, what do you think, Special Agent Gibbs?" asked Tony.

"Tony, you know that I think you're a good agent. I've told you before that I depend on you. I don't say that about many people."

"That's good to know, Special Agent Gibbs, but the question is, can I depend on you?"

"What sort of stupid question is that?" bristled Gibbs, "you know I've always got your six."

"Then how do you explain what happened yesterday?" demanded Tony with the first hint of emotion he had displayed since Gibbs' arrival. "Explain it to me; go on."

Gibbs opened his mouth to explain but was momentarily halted by the most hostile stare Tony had ever directed at him. He wondered how he could explain.

NCISNCIS

Previous day.

Gibbs was in an irritable mood. His team had been working on cold cases all week because DiNozzo and McGee were caught up in court. It wasn't that Gibbs was opposed to court appearances but presiding Judge McIntosh Carew was, in Gibbs' opinion, a garrulous old fusspot who was wasting his agents' precious time with procedural niceties and nitpicking. A case which should have been wrapped up in two days had dragged on for four.

So, when DiNozzo got called away again because the judge wanted clarification of a search warrant, Gibbs was close to exploding.

"Gotta go, Boss," said Tony reasonably, "don't want to get on Carew's bad side."

"You need to be firm with him, DiNozzo," said Gibbs, "tell him you've got other crooks to find and he's wasting your time."

Tony just grinned at the obvious absurdity of saying anything like that to a federal judge and waved his hand in farewell.

Three hours later, Gibbs got a phone call,

"Hey, Boss," came Tony's cheerful voice.

"You'd better be sounding happy because you're on your way back here," said Gibbs curtly.

"Aahh, not exactly," said Tony, "there's been a complication."

"What complication?"

"The Judge isn't sure we served the warrant properly."

"Tell him we did," ordered Gibbs.

"I tried," said Tony.

"Well, try harder."

"The Judge says he wants to hear from the senior agent present when the warrant was served," said Tony.

"That was me," said Gibbs.

"I know, he wants you to come down here."

"I'm not coming down there to tell him what he already knows," said Gibbs irritably.

"Gibbs, he means it. He wants to see you. Now."

"Tell him I'll come later," said Gibbs, "I've got other things to do."

"Boss," said Tony in a pleading voice, "I don't think he'll take that well."

"Work that famous DiNozzo charm," said Gibbs as he put the phone down. "I'll be in MTAC," he said to McGee.

An hour later, McGee got a call,

"Hey, McGee, is the Boss there?" came Tony's voice.

"He's in MTAC," said McGee.

"Look, the Judge is getting a bit antsy. I've left three messages on Gibbs's cell but he's not picking up. Go and tell him, will you?"

"Sure," said Tim, "but I'm not sure it'll do any good."

"Well, make it good," said Tony, "because I think the Judge is about to lose it."

McGee trotted up to MTAC and delivered the message but Gibbs didn't get up from his chair.

"Uh, Boss," said McGee anxiously, "I think Tony's getting worried about what the Judge is going to do."

"What can he do, McGee? He can't expect people to jump to it at a moment's notice."

"Well, Boss, I think he can," answered McGee honestly.

"Some people, McGee, some people," said Gibbs as he settled back comfortably.

Another hour passed. There were no more frantic messages from Tony so Tim began to hope that the problem had gone away. Then Tim's desk phone rang again.

"Tim, the Judge wants to speak to Gibbs so I've suggested putting a call through to MTAC," said Tony.

"I'll set it up," promised Tim.

A couple of minutes later, the large screen in MTAC showed Judge McIntosh Carew in his rooms alongside a harassed looking Tony and a court bailiff.

"Special Agent Gibbs," said the Judge.

"Judge," said Gibbs, remaining seated.

"I believe I requested your attendance in my court," continued the Judge.

"I had another appointment," said Gibbs blandly.

"More important than coming to a Federal court?"

Gibbs shrugged. McGee was shocked. It was uncharacteristic for Gibbs to be so borderline insolent with officials.

"So, when may I expect to see you, Special Agent Gibbs?" continued the Judge beginning to turn red.

"Soon, I hope," said Gibbs as he took a sip of his coffee.

"Special Agent Gibbs, I trust you understand the importance of the justice system? How it relies on the co-operation of all parties?"

"Sure," said Gibbs, "the co-operation of all parties: which means not wasting our time."

"I don't believe it is your responsibility to determine how the justice system should be run," said Carew coldly.

Gibbs shrugged again, an eloquent shrug which implied that the world would be a better place if it was his responsibility.

"You are in danger of being in contempt, Special Agent Gibbs," the Judge warned.

"I'm sure Agent Gibbs doesn't mean any disrespect, Your Honour," broke in Tony.

"Are you, Special Agent DiNozzo?" said the Judge turning to him, "and on what do you base that assumption?"

In McGee's experience, Tony was rarely lost for words but he was on this occasion.

"Special Agent Gibbs," said the Judge again, "are you intending to come to court as requested?"

"Not quite yet," said Gibbs.

"In that case," said Carew, "I'm holding NCIS in contempt."

Gibbs stood up then, waiting to hear what the Judge was going to do.

"Bailiff," said the Judge.

"Yes, Your Honour."

"Take Special Agent DiNozzo into custody and escort him to a cell. I think we will be needing to find him a cell in which to spend tonight."

"Hey!" shouted Gibbs, "it's me you should be holding in contempt, not my agent."

"I agree," said the Judge peaceably, "but you seem to be rather elusive. A bird in the hand is worth two in the bush. Take him away."

The screen faded to black as Gibbs and McGee saw handcuffs being put on Tony as he was led away.

Director Vance was furious at the news and tried to bring 'the full weight of his office to bear' but the Judge had been cunning. He had given his order and then left for the day without anyone knowing where he had gone. Tony was taken to a local correctional facility and kept overnight. Vance lodged a complaint with the Dept of Justice who, the next day, ruled that the Judge had exceeded his authority and that Tony should be released immediately.

Gibbs went to collect Tony in the morning. Tony shook hands with the prison officer who escorted him out,

"Thanks, Jeff. Remember me to Josie."

"Will do, Tony. She won't believe me when I tell her what happened."

Tony gave a tired smile, walked past Gibbs and into the waiting car. Gibbs followed him and handed him a fresh cup of coffee. Tony looked at it and put it in the cup holder where it remained untouched.

"See you met a friend," said Gibbs.

"Yes," said Tony, "it was a blast."

All Gibbs' attempts at conversation were similarly cut short and eventually he gave up. Abby was waiting in the squad room to give Tony an enthusiastic hug,

"To-nee, I was so worried. The sisters said a rosary for you."

"Thanks, Abs."

"Welcome back, Tony," said McGee, "bit like the Shawshank Redemption, eh?"

"No, nothing like," said Tony, "is the Director in his office?" And without waiting for a reply, he went up the stairs and knocked on the office door. Ten minutes later he returned, picked up his backpack and was gone. Gibbs' phone rang; it was the Director summoning him.

"Director?" said Gibbs as he entered his office, "what's up with DiNozzo?"

"He quit."

"What? Why?" demanded Gibbs.

"Why do you think, Gibbs? Seems he felt he was hung out to dry by his supervisor."

Gibbs ignored this, "And you just let him go, Leon?"

"Believe it or not, Gibb, I sympathised with him. What were you thinking? Defying a federal judge like that?"

"You know as well as I do that McIntosh Carew has been getting more and more unreasonable, Leon. It was time it stopped."

"Oh, and you were the person to do that? You know that I've put in complaints about him and that he was going to be investigated. In fact, he's being suspended pending an enquiry now."

"Good," said Gibbs, "now what about DiNozzo?"

"I persuaded him that he should think before he quits. Take some time off."

"How much time?" said Gibbs.

"Ask him yourself," said Vance, "I think you've got some fences to mend there, Jethro."

"He'll be fine," said Gibbs confidently, "he's not the type to bear a grudge."

NCISNCIS

Now, trying not to wilt under Tony's hostile gaze, Gibbs was not so sure about how forgiving Tony would be.

"Explain it to me; go on."

"Carew was being unreasonable," said Gibbs.

"And you were being Mr Accommodating, as usual?" asked Tony. Gibbs remained silent so Tony continued, "I told you that I thought he was losing it but you still didn't do anything. Would it have killed you to come down and argue with him?" Tony paused and then said in a voice of sudden understanding,

"Yes, it would have, wouldn't it? The great, almighty Gibbs having to bend the knee to someone, do what he was told."

"Hey," said Gibbs, stung, "I was a Marine. I can take orders!"

"But only if you respect the person giving them?"

"So?"

"Because being a federal office means upholding the institutions, Gibbs. We don't have to respect the people who hold high office but we have to respect that office."

Gibbs gave an impatient wave.

"But that's not you, is it, Gibbs? You have to make your own decisions, you have to make the rules."

"It's who I am," said Gibbs simply.

"Oh well, if it's who you are, what else is there to say? Gibbs has spoken. Nothing else to say."

"I didn't mean for you to get caught up in it, Tony," said Gibbs in a softer tone.

"Then what were you up to, Special Agent Gibbs? Enlighten me."

"I was going to go down," said Gibbs, "but ..."

"But what?"

"When he came on the screen in MTAC I could see that Carew was on the edge."

"So all the times I'd told you that, you didn't believe me?"

Gibbs waved his hand again, "I could see he was on the edge and that he might ..."

"Might what?"

"Do something stupid."

"And you wanted him to do something stupid?" asked Tony incredulously. "You wanted a federal judge to do something stupid?"

"It was an opportunity," said Gibbs.

"Oh, it was an opportunity," said Tony, "I didn't realise it was an opportunity. I just thought it was an old man about to lose his temper because a federal agent had refused to do what he was told. Silly me."

"And it worked," said Gibbs, "Vance told me that he's been suspended pending an investigation. We triggered something good."

"That's all right then," said Tony, "we've triggered something good."

"Yes, we have," said Gibbs, "it wasn't so bad, was it? You looked all right this morning."

Tony shot to his feet and strode over to Gibbs, breathing heavily.

"Of course, it was fine. It's no problem for a federal agent, an ex-police officer, to go to prison. It's a really safe place. Like I said, it was a blast!"

"Hey, I'd have gone in your place," said Gibbs.

"But you didn't, did you? It was me who went. And I don't remember getting any concerned phone calls from you last night. Or did I miss them?"

"No, you didn't miss them. Vance and I were working on lodging the complaint."

"And you couldn't spare any time to find out where I was or how I was doing?"

"You're fine, DiNozzo."

"Thank you for your concern, Special Agent Gibbs. Fortunately, it turned out I had some friends in the facility and they made sure I wasn't put in with the other inmates, they kept me separate. Otherwise, who knows what would have happened? But I'm sure you would have got revenge."

"Yes, I would have, Tony," said Gibbs sincerely.

"Strangely, that's not a comfort," said Tony. "Still, I suppose I should be grateful you didn't plan the whole thing from start to finish – that you were just being your usual opportunistic self."

Gibbs thought Tony might be softening a bit, and chuckled.

"You've always been a glass half-full sort of guy, Tony."

Tony smiled sadly, "You know why that is?"

Gibbs shook his head,

"Because people keep knocking my glass over and spilling what's in it. So I've had to be a glass half-full sort of person."

"Tony, I ..." began Gibbs.

"But I always kinda thought you weren't one of the people who kept knocking my glass over," said Tony.

"I'm not," Gibbs assured him.

"Yeah, you are, yeah, you are," said Tony. "I think you should go now. I haven't got anything else to say to you and you've got nothing I want to hear."

"Tony ..." said Gibbs with a touch of desperation.

"Go, Gibbs, I'm all out of forgiveness. Go."

"This isn't over, Tony," said Gibbs with a last attempt at being in control.

"Yes, it is," Tony went to the door and held it open. Gibbs gathered his dignity and walked to the door. He raised a hand as if he wanted to pat Tony on the shoulder but Tony jerked back to avoid the touch. Gibbs left. Tony went into the bathroom to throw up. Then he switched the shower on again.