NOTE: This takes place during Season 7, right around the time of "Capitol Crime" and Mac's confession of love for Harm to Sturgis and "JAG-a-thon." All street names are actual names of Cape May streets - all businesses are modeled after real ones in the area, but names have been changed. Please note that if you are familiar with Cape May at all, I've only taken one or two very minor liberties with the architectural and geographical features of the town. Otherwise, I've remained very true and accurate to it from my experiences, since I've been down there with my hubby a few times. (And we love it there!) Also, I've used standard 24-hour time instead of Zulu, because Zulu confuses the heck out of me! :)

This is my first JAG fan fic, so please review and let me know what you think!

Rated Teen/PG-13 for language, some violence and mildly suggestive content.

Disclaimer: I love the show and have been a fan ever since the beginning. And while I'd love to own everything about it, I don't. So I just play pretend on here. :)

INSTINCT
by Aerielynn

April 22, 2002

1245 hours
Beach Avenue

Cape May, NJ

"I can't get no ... satis-FAC-tion ... yeah, yeah, yeah ... uh-huh ..."

Rick Farland's music blasted loud his headphones as he sang along. His beachcomber's sifting claw trailed behind, raking together all of the broken pieces of shells, driftwood and garbage that littered the shoreline. His job was simple. Rake it up and throw it out. Not a bad gig for $25 an hour. In the off-season, hardly anyone came onto the beach. But, in just a few short weeks, thousands of people would fill the shore in baking hot temperatures. For now, Rick enjoyed the peaceful version of the beach, even though the air had a cold nip to it. However, his job was often so mundane that he would find himself daydreaming so deeply and he would nearly crash into a jetty. The loud rock-n-roll music he played on his CD player helped to counteract that and to keep him alert and focused ... most of the time.

After circling around, Rick steered his beachcomber the opposite way from which he had just come. He preferred to work in small sections, and then move on. As he approached the jetty border on his first pass, he noticed he was coming up to a large, black plastic garbage bag. Figures, he thought. Rick hated how people dumped whatever they felt like on the beach. He couldn't rake up such a large bag without possibly jamming the comber, so he had to carry it up the shore a bit to the pile he had created. Big garbage bags often stunk and were bogged down with water. Great. Just great.

Rick parked the comber, climbed down and headed toward the bag. "Damn stupid lazy people," he muttered, bending down to pick up the garbage. He grabbed the tied top and attempted to lift it. "What the hell-" Rick struggled to lift the bag. "Damn it! This crap is heavy! Lazy stupid-" Rick decided to drag the bag to the pile, and though only a short distance away, he was out of breath by the time he reached the pile. "Jeez. What the hell could be in here that's so damn heavy ...?"

The stench filled that filled Rick's nostrils nearly made him pass out. "Holy shit!" Rick immediately dropped the bag and ran to his comber to call the police. As he dropped the bag, the top part of the bag blew open to reveal a dead uniformed military officer inside.

April 23, 2002

1125 hours
JAG HQ

Falls Church, VA

"Now, I didn't say I wouldn't be willing to settle with you ..."

"Oh no, you didn't, but you most certainly aren't willing to be reasonable either!"

"Be reasonable? You have no real evidence against my client! I mean, come on - attempted manslaughter? Where do you-"

"Look, I've got three eye witnesses that saw your client with the broken beer bottle, screaming at Petty Officer Forrest about flirting with his girlfriend. So, an enraged Lieutenant Yarder attacks him. Open and shut."

"Your testimonies are from three drunk civilians whose backgrounds leave something to be desired. The only thing that is open and shut is that you're wrong."

Colonel Sarah MacKenzie stared deep into Commander Harmon Rabb Jr.'s clear, blue eyes.

"I'm not wrong, Harm. I'm just sorry that you're so damn stubborn that you can't even admit that you might not have a case."

Harm began his own intensive search deep into Mac's soft brown eyes, his lips forming the first syllables of his rebuttal, until he stopped himself. Within the span of seconds, he regrouped and changed tactics.

"Stubborn, huh? I guess that's a flaw that you have to have yourself in order to detect it in others."

Mac's lips pursed. She knew what he was doing. He was egging her on, trying to catch her off-guard with his usual deflect-and-redirect counter attack. She'd seen it coming; she was prepared more than he gave her credit for.

Harm had followed her to her office door. She glanced down at the floor before delivering her verbal K.O.

"At least my stubborn nature knows its limits. Yours, on the other hand, is closely tied to your ego." Mac twisted her office door open and walked inside, Harm moving to occupy the doorway. "And your ego always stops you from making sensible decisions."

Caught off guard, Harm's lips parted, but nothing came out. She had done it again - both pointed out his flaws professionally, and somehow wounded him on a deeper level. Personally, emotionally. In a way only she could. However, it wasn't a fatal wound. Or so he would choose to believe.

"And what would a sensible decision be, Mac?" Harm approached Mac as she sat behind her desk, crossing his arms in front of his chest, his eyes searching hers. For a moment, Mac felt as if maybe there was subtext to his question; the way he stared at her, how his voice softened, and how she had the distinct feeling that she, somehow, struck a nerve with her comment.

"Sensible," Mac said slowly, never breaking eye contact with the towering Naval officer, "would be to take my offer."

"What are you offering me?"

A moment of silence hung in the air between them as thick as a brick wall. Both Harm and Mac searched each other's eyes with obvious intensity, wondering if the other meant what they said or heard what they thought they did. They hadn't had a decent conversation in forever, and quite frankly, neither was sure of where the other stood. There was the Jag-a-thon, after which they had at least agreed to be friendly with each other. However, for Harm, it simply wasn't enough. He wasn't satisfied with speaking to Mac on merely a friendly basis. She was his best friend - he expected more, he wanted more. Mac, too, desired to talk to him and just be around him without tension or confusion. But the two aspects seemed to follow every conversation they had, airing itself in underlying messages of unresolved tension over their personal feelings for each other.

The silence would have been easily cut with a knife, and was as Petty Officer Tiner knocked and entered Mac's office. "Excuse me, Ma'am, Sir - Admiral Chegwidden wants to see you, ASAP."

"Thank you, Tiner, we'll be right there," replied Mac, and Tiner nodded and exited back toward the Admiral's office. When she glanced back at Harm, she realized his gaze hadn't left her. Rather, it had softened to an observational one - a gaze that made the hairs on the back of her neck stand up. In her mind, she was transported to her engagement party at the Admiral's house, and their conversation on his porch.

::flashback::
"What do you see when you look at me like that?"

"...I see a desirable woman."

"We should go." Mac stood as she spoke softly, trying to shake the memory off. Harm nodded after a moment, and stepped aside as Mac walk around her desk. As she passed, her right shoulder brushed his. They both paused, still searching each other's eyes for whatever they could discover. Harm's instincts told him there was something behind her eyes that she was failing to get out in the open. He was close enough to catch the light peony notes of her perfume; he silently wondered what she'd do if he leaned down to place a kiss on her full, rose-colored lips. However, sticking to what he knew best, which was the typical gentleman role, Harm ignored his instincts and stepped back as Mac slowly passed him, who was unsure of what to think at all.

"Enter."

Harm and Mac entered the Admiral's office, setting aside their close encounter for the time being, and waited for the Admiral to deliver whatever news he had for the day.

Admiral Chegwidden gestured to his two guest chairs. "Have a seat." Without waiting for them to get settled, he continued. "Yesterday, the body of a Coast Guard Commander, who was thought to be AWOL, was discovered by a beachcomber on the eastern shore in Cape May, New Jersey. The Commander's name is Peter Tanner. Police said that the man operating the comber, a Rick Farland, told them he was making his usual rounds on the shore when he discovered a large garbage bag, which had the Commander's body inside. Local police IDed the body by the dog tags they found on him and his fingerprints, but they haven't recovered anything but his body - no other fingerprints, no witnesses, just a dead officer in a plastic bag. He was found on Beach Avenue, which is not too far from the Cape May Coast Guard base."

"How long had he been dead, sir?" Mac inquired.

"The police are estimating a couple days. The Commander was off-duty for the day. After he didn't return, his CO thought he went AWOL."

"Was the Commander a disliked member of the crew?" Harm asked.

"Commander Tanner was actually well-liked by the crew and by his CO as well." Admiral Chegwidden frowned. "I'm sending you both to Cape May on a JAGman investigation. See what you can come up with. Since there's little to work with, you will want to stay in the area until the matter is resolved. Sturgis and Roberts will take your case loads while you are gone."

"Sir," Mac said, "we both have the Yarder case, and Commander Rabb and I-"

"-were just about to reach a settlement." Harm glanced at Mac as he interjected her statement to the Admiral, who eyed them both knowingly.

"Well, good," said Admiral Chegwidden. "Since that was such an open and shut case, I am glad you haven't decided to drag it out into court marshal, Commander." The Admiral leaned back in his leather office chair, his arms folded over his chest.

Mac glanced at Harm, surprised by his sudden change of heart. Harm smiled through his nerves. "Well, sir, I thought it wise to take up the Colonel on her offer, all things considered. A month of confinement should cool down Commander Yarder."

"Two," Mac corrected. "That was my deal."

Harm laughed nervously. "Two." He gave a forced smile to Chegwidden.

Mac smiled too, only hers was in victory. Somehow, she won. She didn't know why Harm changed his mind so quickly about settlement, though it was the sensible thing to do, but it wasn't like Harm to come to a settlement so quickly. He always wanted to fight, except for now. But why?

"Why the sudden change of heart?" Mac asked as she and Harm exited the Admiral's office.

"No reason. A judgment call, really." Harm wasn't giving her any more than he needed to.

"Come on, Harm - you were fighting me tooth and nail before. Why settle now?"

"Well, I guess I didn't want my ego to get the best of me."

Mac stopped midway to her office. "Are you actually saying what I think you said?"

Harm chuckled tensely again. "Don't get too excited, Mac. I'm not saying you're right all the time ... just maybe somewhat now."

"Maybe somewhat, huh?" Mac smiled as she teased him. "Well maybe I'll be maybe somewhat right about this case, too."

"I said maybe."

"Uh-huh."

Mac slipped into her office, and Harm shook his head, heading toward his. Lieutenant Loren Singer stopped him midway. "So scuttlebutt says you and the Colonel are going to Cape May for a murder investigation." Her eyes peered through him with ulterior motives written all over them.

"Well, news travels fast. Yes, we are, Lieutenant." Harm tried to get away from her, but she stuck to him like a leech.

"You know, I could be of service to you more so than the Colonel, and I'm sure that Admiral-"

"Lieutenant, I appreciate your enthusiasm, but it will be the Colonel and I on the investigation." Harm's tone was to-the-point, but somewhat soft, as if to spare her from his true feeling of oppression whenever she was around.

"That's too bad," Singer remarked, attempting to stir up trouble. "I know the Colonel will miss her dinner dates while she's gone."

Harm tried hard not to react, but couldn't help himself. "Dinner dates?"

"Oh yes," Singer said, the concern in her voice an obvious mask to her true feelings. "I've taken a couple calls from a James Kennedy, a guy from downtown ... and the Colonel almost always shuts her door when she talks to him. Guess she wants some privacy, wouldn't you say, Commander?" Her smile was wider than the Cheshire cat, and just as devious.

Harm's face fell and he actually felt his heart drop. In his mind, he flashed back to a memory between him and Mac.

::flashback::

"How long should I wait?"

"As long as it takes."

As Singer strode away, Harm muttered as he glanced to Mac's office, "Guess you couldn't wait after all."

"Wait for what?"

Harm whipped around and found himself face to face with Sturgis. "What? Oh ... nothing."

"Were you talking to yourself then, Harm?" Sturgis examined Harm, and realizing the emotion his friend was feeling, he attempted to cheer him up. "So, I hear that you and Mac will be going to Cape May. Nice little town. Quaint, really."

"I've never been," Harm replied, distracted mentally.

"Mostly Victorian construction architecture, with rather ... liberal color schemes." Sturgis smiled. "Nice beaches, family friendly, a national historical landmark ... the 'Poster Child' of New Jersey beaches, I imagine."

"Well, it doesn't sound too bad." A distracted Harm tried to convince himself that Mac's closed door wasn't for privacy for a phone conversation, but couldn't come up with any other reasonable excuses.

"It is nice," Sturgis continued. "An old girlfriend of mine went up for a long weekend once. It was a great time ... until, well, I found out she cheated on me."

"Ouch. I'm sorry." Harm turned to his friend. "Any idea why Mac's door is shut?"

Not knowing it was the wrong thing to say, Sturgis replied, "On the phone, maybe?" Harm winced. Seeing his reaction, Sturgis continued, "Or, maybe she's cold ... the air in here has been chilly lately."

"Yeah, it has," Harm said, recognizing the irony of the statement as he turned back to look at Mac's door. As he watched, he could see Mac with her office phone to her ear, pacing slightly. A smile spread across her face and she replied to something pleasant she heard on the other end. Unbeknownst to her, Harm's world began to crumble a little more, as it had been since that fateful night when he had to turn Mac away because Renee was there. He had wanted so badly to talk to her. He wanted her to come to him. He wanted her. He-

"Commander!" An exhausted but enthusiastic Lieutenant J.G. Harriet Sims hurried toward him. "Sir? Sir?"

Harm shook himself out of the deep thoughts-more like nightmares-that he was consumed by as he watched Mac on the phone in her office. He flashed a smile to Harriet, who soon was accompanied by her husband, Lieutenant Bud Roberts. "Yes, Lieutenant?"

"Sir, I wanted to let you know that I've made your arrangements for your trip to Cape May," Harriet said, handing him a folder with logistical paperwork inside. "Your lodging is booked, and this is a folder of all the paperwork you'll need. Maps, addresses, things like that. Sir, there's just one thing-"

"Great," Harm said, taking the folder from her, distracted as he watched Mac hang up the phone in her office. "Thanks Harriet."

"Sir, there's something about the place you're staying that you should know-"

"You're a big help, Harriet," Harm continued, obviously not paying full attention to what Harriet was trying to tell him. His eyes were fixed on Mac as she opened her office door, and was walking out to join them. Harriet's face read of her obvious frustration as she looked to her husband, who then tried to get the Commander's attention.

"Sir," Bud began, "I think you should know about the place you're staying-"

"Bud, it's OK. A motel is fine. We've stayed in worse places before," Harm said quickly, flashing a smile to Mac, who now joined them, briefcase in hand. She had secured her office and was ready to leave HQ. Bud and Harriet sighed, shaking their heads. Harm and Mac would have to deal with it on their own, now.

"Hi Sailor," Mac said with a smile. "What's wrong?"

"Me?" Harm said, pretending he hadn't been caught staring at Mac's office for the last five minutes. "Nothing!"

"Well, you kept looking at me - I thought maybe there was something I should know about our trip."

"There is."

"There is."

"There isn't."

All three voices chimed in at once, and Mac's eyebrows rose.

"We should get going, Mac. It will take four hours by car, you know. Thanks guys." Harm said quickly, steering Mac away from Bud and Harriet and toward his office.

"Well, actually, if we take the Lewes ferry, it will take three hours and forty-nine minutes," Mac stated. "But, by I-95, it will take four hours and three minutes, or four hours and forty minutes with traffic."

Harm secured his office and closed the door behind him, shaking his head. "How do you do that?" he asked as they both stepped inside the elevator. The doors closed quickly behind them, and Harm pressed the first floor button.

Mac shrugged. "I just do." She smiled at him. "I just need to stop by my place and get my bag."

Harm nodded. "Me too."

"Alright, pick me up at twelve-hundred."

"Will do."

A moment of silence hung in the air. "Harm?"

"Yeah?"

"What did Harriet want to tell us about the place we're staying?"

Harm laughed nervously. "Well, she didn't say."

"Is that because you were too busy watching me in my office that you didn't pay attention?"

Harm's eyes widened. "I-I was just making sure you were ready."

Mac's lips curled into an amused grin. "Uh-huh."

Harm took a courageous step. "So who were you on the phone with?"

"I believe that's classified!" Mac said, surprised he would ask.

"Well, seemed to me that you were happy to speak to whoever it was."

"I was, in a way."

"A friend?"

"An acquaintance."

"An acquaintance that you want to be a friend?"

The elevator door bell chimed, and the doors opened to the parking garage. Mac's mouth was opened, shocked at the bravery Harm displayed. "I don't believe I have to answer that."

Harm didn't realize it, but he frowned. Mac caught his reaction, and decided to go easy on him. "No, you don't," Harm said, slightly quieter than before.

"He's someone who owed me a favor," Mac said quickly but carefully, hoping the information wouldn't do further damage to Harm. "So I was hoping to cash in on that favor, but then the Admiral gave us our orders, so our plans had to be rescheduled." Mac winced as she realized how it sounded coming out of her mouth.

Harm began to part ways with her. He lifted his hands up, signaling that he was backing off the subject. "Hey, it's your business, Mac," he said, his defense tactics in full gear. "I don't need to know."

"Harm, it's not like that. He's-we're-there's-"

"I'll pick you up at twelve-hundred." Harm forced a smile, and then climbed into his SUV.

Mac frowned, and threw open the door of her car, shutting it a little harder than necessary. Damn it, she thought, this isn't good. If he only knew ...

As he drove to his apartment, Harm tried to think of how the next few days were going to work with him and Mac. Though he was hurt and upset, he wanted to make the most out of their time together. He decided to let it go, and to just accept that Mac was at the beginning stages of a relationship, one that didn't involve him. It wasn't the end of the world. After all, there was still time to compete. Perhaps he could make her see how he really felt ...

"Yeah right," Harm said to no one in particular.

In the passenger seat of Harm's SUV, Mac thumbed through the folder of paperwork Harriet gave Harm before they left. "So we are taking the long way after all," she commented. "She printed us out a map of I-95."

"Eh, it's not so bad, Mac. It's midday, during the week, there shouldn't be any major traffic." Harm hoped that were the case, anyway.

"Let's hope you're right." Mac continued to read the paperwork. "It would figure that the Admiral wouldn't want to spend extra on two ferry tickets, plus a boarding pass for your car."

"Well, he does like keeping to a tight budget," Harm said, agreeing.

Mac sighed. "OK ... says here that we're staying on Ocean Street at The Fairwinds ... Bed & Breakfast." Mac was puzzled. "A B&B? Really? That would be too pricey to fit the Admiral's idea of economy lodging."

Harm shrugged. "I don't know, Mac, Harriet's pretty good at finding deals, ever since little AJ was born."

"True," Mac replied. "But from the website description, it sounds too nice to be that good of a deal. Maybe that's what she wanted to tell you before we left."

"Maybe ..." Harm said, not entirely convinced that that was the reason why Harriet was so concerned.

Mac continued to read the paperwork. "Alright, I've got the police headquarters address - I'll plug it into the GPS." Mac entered the address for the police station into the GPS, then sat back and watched the screen direct their journey. "So what are your theories about the case?"

"Obviously a murder, someone dumped the body and didn't do too good of a job," Harm stated factually.

"You can't conclude that it's obviously murder without further examination and factual evidence," Mac corrected.

"Come on, Mac, why else would a body be put in a bag?" Harm replied. "It's not like the guy crawled in there and tied himself up!"

"We can't assume facts before we have even investigated, Harm!" Mac said.

"You were the one who asked me for theories!"

"Yes, but you were the one who included assumed and circumstantial information in your theories as factual evidence."

Harm sighed. Their relationship had been strained lately, and Harm couldn't take it anymore. He was frustrated with it; he hated all the friction that was between them. They were picking on each other worse than ever before and, though he was also at fault for it, it was driving him insane.

There were several moments of silence between the pair as they drove. This is going to be a long trip, Harm thought.