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

Summary: Tony has decided that he's not going to be Ziva's doormat. He has a different reaction at the end of Boxed In than is portrayed in cannon. This story is AU with some OOC.

Tony Speaks Up

Tony sat at his desk listening as Abby, McGee and even Gibbs raved about Ziva's cooking when he had an epiphany; they didn't know he hadn't been invited to the dinner. He and Tim may bust each other's chops but the younger man would never deliberately hurt him; it just wasn't in his friend's nature. Abby could be hyper but wouldn't the people she considered family deliberately hurt. As for Jethro Gibbs, the second b might stand for bastard, but DiNozzo knew what lengths the older man would go for a friend and as strange as it might be to some, the two men were friends, maybe even family.

The Senior Field Agent turned from watching Gibbs walk to his desk to look at his teammates who were still standing around his desk and saw the smug look on Ziva's face. He decided it was time to wipe that look off her face. She had seriously underestimated him and his place on this team; especially if Ziva thought she was going to get away with treating a member of Team Gibbs as being unimportant.

Tony stood slowly due to the pain in his arm. "It sounds like Ziva's a good cook, too bad I wasn't invited." He watched with some satisfaction as the smug smirk was wiped off of David's face to be replaced by surprise.

Abby stopped mid-bounce before turning to look angrily at the woman standing next to her. Tim's head snapped to look at him in shock before he too, looked angrily at Ziva.

Gibbs stopped in the process of sitting down at his desk, right eyebrow raised for confirmation from his second in command. DiNozzo nodded slightly. The Marine stood up and placed the papers in his hand on his desk; in two steps, he was leaning over Tony's desk, searching for the truth. "Ziva told us you had plans and couldn't make it last night."

The dark haired agent shook his head as he answered, "My only plans last night included a couple of beers, a pizza and watching Butch Cassidy and the Sundance Kid, it was Paul Newman's birthday yesterday. I ended up having time to watch Cool Hand Luke, too."

Gibbs turned to glare at the now squirming Mossad officer. "I see. Care to explain why DiNozzo wasn't invited to a team dinner, Officer David?"

Ziva stood up straight, jutting out her chin as she answered, "Tony is the…clown relief for the team. I wanted to get to know the real members of this team. Ow. Abby!?" David exclaimed rubbing the cheek Abby had just slapped.

The angry Goth answered, "That's for Tony and for lying to us! He's not comic relief; he's an important part of the team. It wouldn't be a team without him!" She stomped to stand next to her friend. "I'm so sorry Tony. I didn't know you weren't invited. I won't be going to another dinner at her place; I don't like liars." She turned to look at the shocked woman, "Don't come down to my lab looking for information, you're not welcome anymore." Abby crossed her arms over her chest angrily.

Tony watched David look towards Gibbs with a confused look.

Gibbs glowered at the Mossad officer as only he can. "Anthony DiNozzo has earned his place on my team. I have never put up with incompetent agents; I don't have the patience. DiNozzo's the best agent I've ever worked with and has been the most important member of my team since I recruited him."

Ziva interrupted, "I do not understand. He plays around instead of doing his work. Ask McGee about the pranks Tony plays on him. He is immature and childish. His constant movie references are annoying. He flirts with anything in a skirt..."

Tim interrupted her. "Tony's a great agent and a good teacher. I've learned a lot from him. His teasing and pranks helped me gain confidence and the ability to stand up for myself. I never would've survived working for Gibbs without his help. I definitely would've died in the field without his form of training. Kate never understood that Tony's humor and pranks were to help us cope with the darker aspects of being an agent. As for the movie references, they can be a little annoying but they've helped solve crimes on more than one occasion.

"I asked Director Morrow how I ended up on Gibbs' team since he always seemed irritated with me. He told me that Tony recommended adding me to the team to Gibbs; he said I had potential and my computer knowledge was needed for investigations these days. He was there for me when I shot that cop and he believed me when others thought I'd made a rookie mistake. For that alone I'm happy to put up with his pranks and movie references, even if I moan and groan about it." McGee looked over at his friend and said, "I will deny I said that if you go on and on about it, Tony!" He smiled at this friend to take the sting out of his words.

Anthony DiNozzo, feeling much better than he had when he sat down earlier smiled widely at his younger friend. "Thanks Tim." A mischievous glint entered his eyes, "Probie's learned to give as good as he gets. He's all grown up now, I'm so proud." He wiped a fake tear from his eye.

"This is what I mean. He doesn't take anything seriously!" Ziva exclaimed with obvious frustration.

Once again, Gibbs leaned over Tony's desk, placing his hands on it for balance as he spoke to the young Israeli woman, "Do you really believe I would keep anyone on my team that didn't take this job seriously? DiNozzo may joke around, but when it comes right down to solving our cases, he's very serious. I don't have to worry about going into dangerous situations with him as back up because I know he has my six." He straightened up looking her in the eye. "I'm going to see the Director about transferring you to another team. I won't have anyone on my team who questions my choices or lacks respect for my Second in Command."

"But I trust you, Gibbs. How can you say I question your choices?" Ziva asked, shock evident on her face.

The Marine stared at her for a few moments, "When you question DiNozzo's place on my team, you question me. I recruited him for my team. I chose him as my Senior Field Agent because he was the best choice and I've never regretted it. I suggest you pack up your desk."

McGee spoke after Gibbs last sentence silenced Ziva. "Tony, what really happened to your arm?" At first he'd believed David when she said that Tony received just a scratch, but after learning she'd lied the night before and hearing what she really thought about his friend, he began to wonder.

Tony turned to look at the younger man. "A bullet ricochet. It needed ten stitches to be closed properly."

Tim nodded before glaring at the Mossad agent, "Ten stitches. That's not a scratch, David! You lied to us again. Why?"

"It was nothing. He would have played it up to get more attention he did not deserve," she answered.

McGee scowled at the Mossad officer. angry that she would call ten stitches nothing.

Movement out of the corner of his eye caught his attention. Uh oh, it looked like Mount Abby was going to blow, "Ten stitches is not a scratch! You lied to us again! You're nothing but a big fat LIAR! I hope Director Sheppard sends you to Alaska! I don't want to see you again." The Goth turned to Tony and said, "Come on, Tony. I'll take you home and make you something special to eat."

"Take him to my place, Abs." Gibbs said as Abby tried to usher the senior agent from behind his desk. "No arguments, DiNozzo; I'll be keeping an eye on you. Make sure he takes his meds. I've got grunt candy for the pain in the spare room's medicine cabinet. Order a couple of pizzas for delivery DiNozzo has the number of our favorite pizza place."

McGee grabbed his own bag before moving to grab Tony's and offered to help Abby. "I'll take Tony's bag down for you. I don't want to be here right now. I hope it's okay if I join you; we can have a real team dinner." He looked at Gibbs to see him nod with a proud look in his eye before grabbing the afore mentioned bag and glared at Ziva as he followed his friends making the reason he didn't want to be there clear.

Gibbs watched McGee and Abby with pride. They were showing his protégé that he was important to them. He turned back to Ziva, his expression reflecting the disappointment he felt. "You had potential, Officer David. You could've been a great agent, but you allowed your preconceptions to rule your impressions of DiNozzo. You made an assumption and ran with it. That is something a good agent should never do-always double check your impressions against facts. You didn't verify your early intel was the real truth."

He watched the confusion turn to anger in Ziva's eyes. "So, my saving you means nothing? You are going to send me away?"

The Senior Agent tilted his head. "You did save my life and I'll always be grateful. Do you think that DiNozzo hasn't saved my life in the last five years that we've worked together? I don't keep people on my team just because they saved my life; I keep them because they can do the job. McGee's here but he hasn't saved my life yet.

"Our job is too dangerous at times to have someone on the team who has doubts about any of their teammates, particularly my Senior Field Agent. Based on your attitude, you'd probably refuse to listen to DiNozzo in the field if he gives you an order. I won't risk losing him because you can't see beyond his mask. I gave you an order, Officer David. Clean out your desk while I speak to the Director and don't think your connection to her will save you." He stared at her until she moved to her desk and started the process of setting her personal items aside until she got a box. Once he was sure she was doing as she was told, he headed for the Director's office.

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Senior Agent Leroy Jethro Gibbs strode into Director Shepard's office, barely keeping himself from slamming the door. He was still pissed about Ziva's duplicity so didn't notice Jenny's initial irritation at being interrupted. He paced in front of her desk trying to calm down.

His thoughts were interrupted by the Director's voice. "What's wrong Jethro? Is Agent DiNozzo alright?"

The Marine stopped pacing and noticed the genuine concern in his former partner's eyes. He sighed, "DiNozzo'll be fine. He'll be pushing to get back in the field within the week. I want David off my team effective immediately."

Jenny sat back, staring at Gibbs before responding, "Ziva's placement on your team has been going well. I fail to see why she should be moved."

"Director, tell me your opinion of DiNozzo."

"He's a fine agent. From everything I've gathered he's been a good Senior Field Agent for you. He's smart, intuitive and able to stand up to you when necessary. I think that he'll make a great Team Leader when he's ready. Why do you ask?"

The older man nodded, pleased with her assessment. "Last night David had a dinner at her place; she said it was for the team. DiNozzo wasn't there and when I asked she told me that he had plans so I didn't think too much about it. He's currently seeing someone and he goes out with a couple of his frat buddies once a month. I just learned that she lied to me and the others. She didn't even invite him."

Shepard gasped in disbelief before asking, "She didn't invite him? It wasn't an oversight on her part?"

Gibbs scowled. "Abby and McGee were talking about the dinner as I walked into our area and I mentioned that the food was good. That's when DiNozzo stood up and informed us he hadn't been invited. When I pressed her, David admitted she intentionally left him out because he's just the comic relief and not a real member of my team."

The Director frowned deeply sighing with disappointment. "I can see why you want her off your team. I'll get the paperwork started immediately. Perhaps she would work out better with our anti terrorism unit. Doesn't matter; send her to me right away. Tell DiNozzo that his position as your Senior Field Agent is safe and that I value his work for NCIS."

Gibbs nodded in acknowledgement as he left her office. He was glad that Jen didn't put up a fight about Officer David. The Marine knew they were friends and had been worried she might support Ziva over DiNozzo.

Gibbs entered the bullpen area to see the Israeli officer sitting at her desk working and noted nothing the items she had begun packing were back on her desk. He leaned on her desk. "What do you think you're doing Officer David?"

She looked up at him. feigning nonchalance, "I am sure that Jenny has let you know that I will be staying on your team. Perhaps she will transfer Tony since he does not contribute much to this team."

Gibbs stared at her, his expression as he considered her gutsy move. "Then you'll be disappointed to find out that you are officially off my team. Director Shepard is preparing the paperwork to transfer you to another team as we speak."

"But…I do not understand. How can she support that immature frat boy over me? I am a highly trained Mossad agent and he was just a cop."

The Senior Agent growled before answering angrily. "She supports DiNozzo because she checks her facts so she can make an informed decision about an agent. She also knows me and trusts my judgment. Now she's waiting for you in her office. I'll make sure your stuff is packed and ready for you. Get moving."

He waved a security guard to him as he watched the clearly confused and angry young woman leave the bullpen and head for Jenny's office. Gibbs asked for a box, since Ziva didn't get one, and started putting her personal items aside while waiting for the guard to return with the box.

Jethro Gibbs watched his former team member return from the Director's office. gather her things and leave without another word. His anger was beginning to morph into sadness. He'd hoped she would become an important part of his team; she'd had potential but squandered it with what he now recognized was arrogance. It could be that she felt that her Mossad training placed her above others. Perhaps it was her place as the Mossad Director's daughter gave her a leg up in the organization making her think she was superior. No matter. Her attitude would no longer affect his team. He would also make sure that he was in charge of choosing the next member of his team and would consult DiNozzo since his choice of McGee had worked out well. He didn't care if Madam Director liked it or not.

TBC

Note:This story is AU so please don't leave reviews telling me this or that didn't happen in cannon. It doesn't follow cannon, that's why it's AU. Thank you.