TITLE: Double Jeopardy

AUTHOR: Vid Z.

PAIRING: Harm/Jen

TIMELINE:sometime Season 10

DISCLAIMER: All publicly recognizable characters, settings, etc of the TV show JAG are the property of their respective owners. The original characters and plot are the property of the author of this fic. The author is in no way associated with the owners, creators, or producers of any media franchise. No copyright infringement is intended.

AUTHOR'S NOTES: this was meant to be a part of a larger fic, but then I realized it would never be finished so I decided to post it, reworked so it would be an independent fic, as a one shot stand-alone. Btw., Boone didn't retire in this AU.

SUMMARY: (source: Wikipedia) Double Jeopardy is a procedural defence that forbids a defendant being tried twice for the same crime. But what does it have to do with Harm and Jen? Read (and review) to find out.

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"Not guilty."

Harm and Jen continued to sit there dazed while the room filled with murmuring and slowly began to empty. They didn't even react when their lawyer congratulated them.

Only about 10 minutes after the end of the trial did they come out of their shock and slowly looked at each other, stading up.

Tentative smiles pulled at their lips as they were still processing the news.

"We won?" Jen asked tremulously.

Harm nodded, still not being able to believe it himself. "We won."

"We won!" she squealed and threw herself into his arms, while Harm laughed and twirled her around.

All too soon sanity returned and he put her down, both of them smiling self-consciously.

Looking around meaningfully Harm suggested. "Why don't we go to my office and talk about this?"

Jen agreed, nodding.

Making their way down the corridor and through the bullpen they were met with suspicious and confused looks. Harriet, who had come to the HQ for just this occasion, and Bud came to congratulate them and tell them how happy they were about the result. Mac was standing in her office looking through the blinds stonily and Sturgis stood in the bullpen, confused himself, but disappointed as he believed justice had somehow been cheated and criminals had been set free. Even though Harm was his oldest friend Sturgis believed Harm should've still been crucified. The man had unfortunately lost sight of the important thing, that it's not about the law, it's about the people. Cresswell, the one responsible for the past two months of agony, fear, anxiety, dread, isolation, ostracism and so many other negative feelings which had run through them constantly and the treatment they had suffered by their peers and the system alike; was out of sight, no doubt hiding in his office.

Once they were released by Bud and Harriet, the only ones who had stood by them through Article 32 and the trial, Harm and Jen entered his office, which had been cleaned out by the NCIS, again, looking for evidence, again.

Harm closed and locked the door, shut the blinds and took a seat in one of the chairs in front of his table, feeling somehow out of place in his own office now that it no longer looked like his. Jen sat into the other chair.

After a few minutes of silence Harm was the first to voice the thought, which had been plaguing through them both.

"There's no way I can stay here. Not after this. Not after being put on trial again and after having only two people stand by us, while the others doubted our innocence and cast us out." he sighed, his face in his hands as his forearms were propped up on his knees.

"Me neither. Not after the suspicious looks they had for these two months. The looks in their eyes they still have, still believing we were guilty." she murmured, tears welling at the thought of having to leave the place she'd called home for a year and a half.

Harm took her hand in his and gently squeezed it. Jen's dark eyes raised to his, finding the same pain in his aquamarine ones.

"I can't believe the General charged us with fraternization just cause he heard us talking about the heating being broken in our building." Jen whispered, tears evident in her voice. Harm nodded, knowing his voice would crack if he'd say something, so betrayed was he feeling.

"At least everything turned out okay. Thankfully the jury was reasonable and saw things as they are." he supplied after a few minutes. "It's gonna look very bad for him to have two members of his staff request transfers out only months after his taking over. Especially since it's his fault..."

"See if I care." Jen replied tiredly, not a trace of venom in her voice. Well, that is, none aimed at Harm, even with the wording of her reply. "Right now I wouldn't feel sorry for him if the SecNav was to ask for his retirement." Harm agreed with her, even knowing how unrealistic such a scenario was.

"Any preferences for the transfer?" He asked, hoping she wouldn't want to transfer too far away.

It had taken a second trial for him to finally realize who his real friends were. As the Slavic saying goes: "V nesreči spoznaš prijatelja." (English: "Only in misfortune and adversity do you discover who your true friend is.")

During his first trial, in Spring 2003, nobody but Jen had stood by him or had even tried to visit him in the brig. They'd all believed he'd really done it, had murdered a woman and her unborn child in cold blood. That lack of belief in his innocence had hurt even more than the abandonment.

Only Jen hadn't believed it, even though it had been her testimony which had been the most damning. When the prosecutor had asked her the question she had looked at him, hesitating, because she knew he was innocent yet what she'd say next would sink him. Harm had encouraged and forgiven her with that nod of encouragement to always speak the truth, but Jen hadn't. She hadn't forgiven herself even by now. She would never forgive. When she'd tried to visit Harm in the brig, trying to support him, show him someone still believed in him and his innocence, she had been intercepted by the Admiral who had threatened to add fraternization to Harm's charges and Disobeying a Direct Order to hers if she'd still visit Harm. Not wanting to hurt Harm and his case even more Jen retreated. Still, she'd felt the need to make up in some small way, so she'd spent a whole day cleaning up and restoring his office after the NCIS team had left it in a complete disarray. It had been this support and belief which had held Harm away from a breakdown from nerves, fear, exhaustion and Mac's renewed abandonment. Just another in a long line when he'd needed her the most. Yet, just 6 years ago she wouldn't have done that. 6 years ago she HADN'T done that. She'd stood by his side, volunteered to defend him and got him off the charges. She had truly been his best friend back then. How could she have changed so much in such a brief a time? Why had she changed?

No matter what her reasons were, a year and a half ago Mac had given up her position of his best friend willingly and someone else had taken it over. Mac had once been his future, but was now his past.

And life goes on...

--

Through this latest trial he and Jen had supported each other, created a united front nothing would crack, ignoring the yet-again-doubtful and suspicious co-workers, some of whom had testified against them with no qualms or remorse. Even now, after they'd been found not guilty, it was obvious some still doubted in their innocence. Only Bud and Harriet had stood by them, neither Sturgis, neither Mac, who had been hostile towards them both in her jealousy and wounded pride. Mac's cold and unsupportive behaviour reminded Harm all-too-much of that other trial.

"I don't know." Jen shrugged. "Somewhere in the vicinity, just not here at HQ or even at JAG anymore."

"Okay, I'll take a look right now what BUPERS have to say." he patted her arm gently as he stood.

Booting up the computer he noticed the blinking red light of his answering machine and pressed the button. The voice of the man who'd been like his second father for his entire life came through the speaker. "Harm, Boone here. I'm sorry I wasn't there today, but I was called in by POTUS and it wasn't something I could decline without landing in the brig myself." the sigh came through clearly. "I'm still thanking god the jury was more reasonable and intelligent than that Jarhead asshole you have for a CO. What the hell was the man thinking!? Anyway, I figure after this neither of you will want to stay there. So, I have offers for you both if you're interested. My office is getting expanded and I'll need a Chief of Staff. You'll be a line officer again if you accept, Harm. I'll be retiring in the next few years and if you accept you'll be the next in line for command. Unfortunately I don't have a position on my staff for the Petty Officer, but Admiral Higgins down the hall is looking for a trained Yeoman. His old one is retiring. Ask Coates if she's interested. Let me know what you both think about it. Oh, how about a celebratory drink after work today? Call me as soon as you get this message. Boone out."

The room fell silent and Harm locked gazes with Jen, who after a few seconds of deliberation nodded.

Harm turned off the computer, which had just booted, and picked up the phone. After hearing it beep a couple of times a gruff voice answered. "Boone."

"Admiral, it's Harm. I'm just calling to let you know Jen and I are taking the offers."

"That's great to hear, my boy." then something occured to him. "Jen?"

"Seems stupid calling her by her rank after we've been tried for fraternizing together." Harm shrugged even though the other man couldn't see it.

"Yeah, I can see what you mean. I don't know what the hell was Cresswell trying to do." the Admiral sighed wearily. "I'll push the paperwork through, Harm. Tell Jen so she won't be worried that I talked to Higgins personally and recommended her. I've no doubt her orders will be cut as soon as I drop by his office after I get off the phone with you. We on for the drink later tonight?"

"Yes, sir, we are. I think we both need the chance to unwind after these past few months."

"Good, our regular tavern at the usual time. Be sure to bring Jen, she too has reasons for celebration. Take care of yourself, Hammer."

"I will, sir, and thanks."

Harm hung up the phone and turned to Jen. "It's settled. The Admiral said not to worry, you'll get the post. Welcome to DC, where you get anywhere immediately if you have the right connections. Without them you get nowhere. We, that's you, me and the Admiral are going out for a drink tonight to celebrate. That okay?"

Wide eyes stared at him. Having a social drink with an Admiral, whom she didn't know? Well, at least Harm would be there... With a courage she'd never known she possessed she asked. "Is that a date, sir?"

"Well... uh..." stammered Harm, not knowing how to respond. Finally he composed himself. "Jen, we've only just been acquitted of fraternization..."

Shyly she asserted. "I haven't been working at JAG without picking something up, sir... Harm. I know about the double jeopardy. I know they can't try us twice for the same thing if we were found innocent the first time. We can date and no-one can do anything about it."

Harm looked down, trying to sort out his thoughts, and then remembered his earlier musings on how it took diversity for him to realize who his true friends were. Through all that time Jen had been at the forefront, while the woman he'd loved for so long, and who he'd once believed loved him in return, had abandoned him once again. Even before they'd been charged with fraternization, Jen had always been there for him, standing by his side, supporting him silently, believing in him. Just as he'd told her months ago: he didn't know what he would ever do without her. It had taken another trial for him to acknowledge just what an amazing personality she truly was, what deep, beautiful, bewitching eyes she had, how drool-inducingly she filled out her uniform and just how much she meant to him. While Mattie had still lived with them he'd realized he never wanted to lose one Jennifer Coates from his life. Only this trial had made him realize that he didn't just want to lose her, but that he wanted her in a much bigger, more important capacity.

Strange, it had taken something so painful, something so awful and even potentially tragic, to allow something so beautiful to come to life. Looking at Jen looking at him so fearfully, so obviously afraid of a rejection, he knew he'd been given a second lease on life.

He smiled broadly as her answer. "Okay, it's a date." Jen's terrified expression lifted and she grinned happily.

As they were sitting there, smiling at each other, Harm mused over the new relationship they'd started. A beautiful relationship. No matter how much pain they'd had to endure to get here, nor how many trials were still ahead of them, nor how people would react to them being a couple, and the reactions would mostly be negative, he knew with absolute certainty nothing would ever end this amazing relationship.

Because it was a relationship that would never end.

THE END

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