Disclaimer: I don't own NCIS or the characters portrayed on television. The story is mine.

Summary: What would happen if Gibbs questions Tony's absence at Ziva's party? Mild spoiler for Boxed In. This story is AU so please don't leave reviews telling me this or that didn't happen in canon. It doesn't follow canon, that's why it's AU.

Gibbs Derails Ziva's Party

Ziva handed Gibbs a beer. "Thanks," he said as he looked around the living room of her apartment. It was a combo living-dining room. The decorations were minimal but seemed to be Middle Eastern in nature, most likely Israeli he mused. She had a bookshelf filled with thick volumes.

"You are welcome, Gibbs," she responded as she headed back to the kitchen.

After checking out the bookshelf and trying not to listen to Abby gushing about the décor of the apartment, his gut was churning. Where was DiNozzo? He decided to ask.

He caught his hostess as she came out of the kitchen holding a glass of wine. "Ziva, where's DiNozzo? I figured he'd be here by now."

She answered in an unconcerned voice, "He could not make it. He had plans tonight."

"Really? With who?"

She shrugged, "He did not say."

The Marine stared hard at Ziva as he finally realized what had been tickling the back of his mind all day. "You didn't invite him did you?"

She met his piercing eyes as she repeated, "He told me he had plans."

He glared angrily at her. "Ever since I've known DiNozzo he spends Tuesday night watching old movies. The only time he makes plans is when one of his frat brothers comes to town. He always lets me know if so I won't call him for a case if I can help it." He set his beer down on the nearest table. "I wondered why he didn't mention the party today; he didn't know about it."

Abby stepped up next to him. The scientist was always one of DiNozzo's staunchest supporters and the team leader knew that Ziva was about to fall from Abby's list of possible friends. He was sorry he'd pushed the Goth to be 'nice' to David for the sake of the team. "You said this was a team dinner. Why wouldn't you invite Tony?"

"He is immature and would have tried to be the center of attention. I wanted to have a nice quiet dinner."

Gibbs' felt rage grow at this women's callous regard for his friend and Second in Command. She was supposed to be a highly trained Mossad agent and she overlooked or ignored DiNozzo's place on his team and in his life. He'd welcomed this woman who'd saved his life and this is how she repaid him-by snubbing his friend? In a cold voice he informed her, "It's gonna be quieter now." He turned to look at Abby, McGee and Palmer and said good night, "See you tomorrow." With that he left the apartment before he did something that could create an international incident.

In shock, Ziva watched Gibbs leave. Before she could think of anything to say, she was splashed in the face with red wine. She stared in disbelief at an obviously angry Abby.

"You lied to us…me. Abby's rule number one, never lie to Abby. It's not a team dinner without Tony. I thought we could be friends but no one hurts my friends and Tony is my best friend. I really hope you don't enjoy your nice quiet dinner. Don't come to my lab unless you have business because I'm not talking to you."

"Wait up Abby. I'll go with you."

The Liaison Officer stared at the normally quiet, shy McGee who'd spoken firmly with eyebrows drawn together. "I don't like people who lie either. Tony may play pranks and tease me but he would never deliberately hurt me or anyone by excluding them."

She watched as the young Agent moved to catch up to the angry Goth, Palmer on his heels frowning deeply at her.

Still speechless, she watched the three walk out of her apartment.

Before he closed the door, the computer genius turned towards her and said frostily, "I bet Gibbs will have you transferred to another team tomorrow. He doesn't put up with people who hurt one of his own, especially Tony. It won't matter what the Director owes you or what he owes you, he'll make sure you're gone tomorrow." The door shut and her apartment was filled with silence.

Ziva continued to stare at the door in shock. What had just happened? Why would they leave? She thought that they would appreciate a nice quiet dinner without the obnoxious Senior Field Agent acting the clown and taking center stage like he did at the office. Surely, she couldn't be wrong.

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Gibbs knocked on DiNozzo's door. He didn't want to tell his Second what Ziva did, but she would be off the team tomorrow and the younger man needed to know why. Besides he would never hide something like this from his friend.

The door opened to reveal a jean clad and relaxed Tony who looked surprised but still stepped back using his hand to indicate the older man was welcome to enter. "Boss. Do we have a case?" he asked as he shut the door.

The Lead Agent sighed as he answered, "No case, DiNozzo. I need to tell you something."

"I'm not gonna like what you tell me, am I? Should I get the good stuff out?"

Gibbs nodded reluctantly. "I could use a drink."

He watched as the younger man went to his liquor cabinet and pulled out a bottle of Jack and a couple of tumblers. The two men met at the couch and sat down before DiNozzo poured a couple of fingers in each glass then handing him one.

"So what's wrong?"

The Marine scrubbed a hand over his face before speaking. "Did you have any plans other than your usual?"

The Senior Field agent frowned shaking his head, "No, I would've told you if I had-rule #3."*

He'd known that Tony hadn't been aware of the party but it still made the simmering anger rise to the surface again forcing him to push it down. He was angry with Ziva not his younger friend. "Ziva planned a dinner party tonight. It was supposed to be a team dinner."

The Senior Field Agent interrupted, a puzzled look on his face. "I didn't hear about any dinner."

"I know DiNozzo. When I realized you weren't there I asked Ziva where you were. She said you had plans." The silver haired man held up his hand holding off any questions. "I pressed her, made her admit she didn't invite you. I left. The only reason I went was because she said it was a team dinner."

He watched his Second in Command absorb the information he'd been given. "Ziva assumed I couldn't behave myself so she didn't invite me."

Gibbs nodded confirming the statement of fact. This was one of the reasons Anthony DiNozzo was his Senior Field Agent, his ability to observe people and make very accurate deductions about them. Why did no one else see this about Tony? "So what now, Boss?"

"Tomorrow I'll speak to Shepard and have Officer David removed from the team. I won't put up with someone messing with my people; you know that better than anyone." The older man looked directly in his friend's eyes to be sure that his message was received. Nobody messed with one of his own, especially this young man.

The Italian ducked his head with a shy smile. "Thanks Boss." He held up his tumbler in a let's toast position. Gibbs clinked his own tumbler with DiNozzo's. "Team Gibbs." The two men saluted each other. "Want to watch a movie or would you rather head to your basement and work on your boat?"

The Marine tilted his head as he considered his choices. "Movie and order a pizza or something. I haven't had anything to eat yet."

"On it, Boss!" The two men laughed quietly as pizza was ordered and they watched The Quiet Man, a 1952 John Wayne, Maureen O'Hara movie. The Marine ended up spending the night. Both men always carried a couple changes of clothes in their cars because one never knew what would happen on any given day at NCIS.

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The next morning, Gibbs strode into Director Shepard's office saying without preamble, "David is off my team."

"You don't make those decisions Jethro, I do," Jenny reminded him snidely.

"When it comes to my team, I do make them Madame Director. That is NCIS policy for the MCRT. The Lead Agent has the last word on who stays on his team*. I also have the seniority in NCIS to make hiring and firing decisions, or did you forget that, Director?"

"You still need a valid reason. Ziva called me last night to say that you had a problem because she didn't invite Agent DiNozzo to the dinner last night. She has the right to invite or not invite whoever she wants to her home," Jenny pointed out with an air of smugness.

The Marine frowned deeply, replying angrily, "She lied to you! She invited Ducky, Palmer, McGee, Abby, and me telling us that it was a team dinner. She deliberately excluded my Senior Field Agent from a team dinner simply because he likes keeping things light to keep from being swallowed by the darkness. I know and accept his behavior as long as he doesn't go overboard, and when he does, I stop him. You know me Jenny, I wouldn't put up with an agent who can't do the job. I chose DiNozzo because I knew he'd be a great agent. Once we'd worked together for a few months I knew I'd found my replacement when I eventually retire. I won't allow anyone to disrespect DiNozzo or me. I chose DiNozzo and by disrespecting him she's disrespecting my decisions as Team Leader. You know this Jen; I taught you what it means to be an agent for NCIS."

The silver haired man watched his former probie as she considered his words. If she continued to fight him, he'd go to SecNav. He would not tolerate Ziva's behavior at all. The Director sighed. "I can't believe she lied to me. Send her to see me when she gets in. I'll figure out where to send her by then. I'll pull files to find you a new team member."

Gibbs held up his hand in protest. "I'll find a new team member this time. I'm not gonna have someone else forced on me. It didn't turn out so well with Ziva." He left her office not giving her a chance to respond.

His phone rang. Pulling it out, he answered, "Yeah, Gibbs." He listened for a moment. "Send the info to McGee," the Marine ordered, snapping the phone shut.

The Lead Agent was about to enter his team's area of the bullpen when he heard Tim and Ziva arguing causing him to pause. It sounded like it had just started.

"I wouldn't get comfortable, Ziva. Like I said last night, you won't be staying on Gibbs' Team." McGee was saying in a calm voice. He did detect some exasperation.

The Marine could hear some derision in the Mossad officer's voice. "The Director makes the decisions on who stays or goes on a team. She will not transfer me because Tony's feelings were hurt."

"You just don't get it, Ziva. You screwed up. Gibbs will make sure Director Shepard agrees with him and if she doesn't, he'll do it anyway. He won't let anyone mess with one of his people. You should have seen him when Tony went missing or when he got the plague. Nobody was going to stand in his way of getting the cure. He would've started shooting people soon if we hadn't learned that the virus had a suicide gene."

An angry Leroy Jethro Gibbs strode around the steps to confront Ziva who was standing in front of McGee's desk; he couldn't listen to the young agent talk about Tony's close call anymore. He still had nightmares about watching the young man die. "McGee's right, Officer David. You're off my team. Director Shepard wants to see you in her office right away." That was when he noticed DiNozzo sitting quietly at his desk and smiling at the youngest agent.

David rounded on Gibbs speaking with anger and some contempt flinging an arm in Tony's direction. "I do not understand how Tony is even an agent. He is immature, unprofessional, makes silly movie quotes, and plays games instead of working."

The Lead Agent raised one eyebrow as he replied calmly, "If DiNozzo didn't get the job done, he wouldn't be here. He's been here over four years, what does that tell you about his abilities?"

She shook her head in apparent disbelief. "But he plays pranks, he jokes around. When does he get any work done?"

"Work smarter, not harder, Officer David." The Senior Field Agent snapped. "My IQ is probably as high as McGee's and I have an excellent memory. It's not quite eidetic, but it's close. It's how I can keep track of all the facts in a case and quote my silly movies. How do you think I can remember so many movies and the details associated with them?"

"You don't need to explain yourself to Officer David, DiNozzo. I'm the only one who requires one. Time to go, David. We have work to do." Gibbs turned to the two male agents giving them directions. "Dispatch is sending you information McGee. DiNozzo, you and McGee take care of it."

"On it, Boss!" The two men responded simultaneously, looked at each other and smiled before doing as instructed.

Ziva stood frozen while the three men got back to work, leaving her standing there watching and still confused. Gibbs should have chosen her. Not DiNozzo. She was Mossad, he was a—a cop.

An angry voice in her ear made her jump. "Thought I told you to go see the Director, David? Why are you still here?"

She looked into the Marine's eyes, looking for a softening, for the trust she'd seen since she killed Ari. There was nothing there anymore, just anger. It was time to go. "I am going, Gibbs." The Mossad officer quietly left the bullpen and went to see Jenny and find out her fate.

Epilogue:

Tim and Tony got stuck in a container. Gibbs was able to find and rescue them with some help from Laura Peterson and her team. Both men were glad they hadn't got stuck with Ziva especially after they learned what she really thought about DiNozzo.

Ziva was transferred to the anti-terrorist unit. The director told Gibbs that she was doing well. Once they learned her fate and how she was making out the three men never talked about her again.

They stayed a three man team for several months, feeling like they needed to find their equilibrium. They'd never taken the opportunity to really heal from losing Kate and the time they had allowed themselves had reaffirmed the bond between them. Now they were looking for a third team member. The Team Leader actually asked the other two what skills the fourth team member should have to get an idea of what they were looking for in an agent knowing this might help them find a better fit than Officer David had been. Thus began the long process of finding the right fit; it looked like things were working out for the better as far as Gibbs and his team were concerned.

The End

* Rule number 3, never be unreachable
* Yes I know this isn't canon, I'm not even sure if it's factual. This story is AU. I wanted this little conflict to happen. Jenny Shepard is trying to throw her weight around but forgets that there are some things that she doesn't have the authority to do. This is one of them for me.

A/N: Hi. Hope you liked this little one-shot. I had fun writing it. It seems that I'm in a bit of a bashing mood so be prepared for the same from future stories.