Chapter 4 - Cognizance

 

The next morning, Jack sat with his attorney, General K’Nor, a Klingon, who read from several PADDs at once.

“If Kadan Loftus can give us enough background to suggest Dameron violates regulations with impunity, that should give us the leverage to call him as a witness,” K’Nor said. “Getting Dameron on the stand will cause their case to collapse. Kadan is key to our defense.”

“When do you meet with her?” Jack asked.

“I’m scheduled to take her deposition tomorrow morning,” K’Nor said.

Jack nodded.

“It would be helpful to have the logs of the Virginia to use with Dameron,” K’Nor said. “Assuming they haven’t been scrubbed.”

“There are ways to get the originals,” Jack said. “And the ship’s course and speed data. He can’t scrub that.”

“All we have to do is find one falsehood, then Dameron’s façade will come tumbling down around him.”

“This won’t be easy,” Jack replied. “He is well insulated.”

“Please tell me you aren't suggesting a large-scale conspiracy within Starfleet.”

“No,” Jack said. “A small one within the command structure of the Virginia.”

“Not all of them are going to be loyal to Dameron. Someone is likely waiting for an opportunity to bring him down.” K’Nor looked away a moment. “If we go after him, we have to get him with rock solid evidence. Only then will his friends in high places consider abandoning him.”

“Once we get the logs from the Virginia, I believe we’ll have all we need,” Jack said.

“But if they’ve been scrubbed…”

“I was actually counting on them being scrubbed,” Jack said. “We should ask for them through formal channels.”

K’Nor turned to Jack. “You think they'd be sloppy enough to leave evidence of the scrubbing behind?”

“A man as arrogant as Dameron has never had to cover his tracks very well,” Jack said. “He relies on his reputation to do that for him.”

 

***

 

 

Fifteen minutes later, the prosecution team led by Captain Alverson, entered the courtroom and took their place at the table across the aisle from Jack and K’Nor.

A minute later, the three judge panel, all admirals, took their seats at the head of the room.

The lead judge, Admiral Vulnes, turned to the defense table. “General K’Nor, have you had a chance to familiarize yourself with the documents in this case?”

“Yes, your honor,” K’Nor began. “I will be deposing several members of the Chamberlain crew. I am also filing a request for the logs and telemetry from the starship Virginia.”

“To what end?” Alverson said, standing from the prosecution table.

“I intend to call Commodore Dameron as a witness.”

“For the defense?” Alverson said with a laugh.

“Yes,” K’Nor said.

“We already have Commodore Dameron’s statement in this matter,” Alverson replied. “Nothing more is needed.”

“Oh, but much more is indeed needed,” K’Nor said. “The defense intends to show this was not a matter of following Starfleet regulations, but instead a rogue Commodore who has a habit of getting his way while those above him turn a blind eye to his unsavory activities. Commodore Dameron accepted the word of the warmongering Zeparans who are out to settle a very old score, and thought to use their newly minted treaty with the Federation as a way to accomplish their centuries old goal.”

The lead judge, Vulnes, shook his head. “No.”

K’Nor turned to the judges’ dais. “Your honor?”

“You heard me,” he said. “You are not going to make this about Commodore Dameron.”

“He is at the center of this case,” K’Nor said. “He was the one who issued the order to Captain McCall. He was also the one who insisted Captain McCall commit genocide.”

Alverson leaped up. “Your honors, this kind of blatant smearing of a decorated officer has no place in this courtroom.”

K’Nor turned to the prosecution table. “Are you suggesting we have no right to call Commodore Dameron? To question him as to his motives for sending Captain McCall and the Chamberlain on a mission where he had absolutely no evidence of the Omega molecule? To question him about his order to annihilate all life on a planet which had never harmed anyone that we are aware of?”

“I am suggesting you are attempting to deflect responsibility for your client's actions onto another officer,” he turned to the judges panel. “One who was following regulations and signed orders from the Federation President at the time.”

“Was he?” K’Nor asked.

Vulnes took a long breath. “General K’Nor, unless you have evidence...”

“But I do, your honor. The court and the prosecution have already stipulated that Commodore Dameron was violating not only Starfleet regulations, but every moral code we have lived by for the past four hundred years.”

Alverson grinned. “And when did we do that?”

“When you stated in your indictment that Captain McCall refused to annihilate Geryon IV, a direct order given to him by Commodore Dameron. I believe that is the order you have accused Captain McCall of violating.”

Alverson shook his head, and turned to the judges. “Your honors, the Omega Directive states that when brought into effect, all other regulations and directives are rescinded. Stopping the use and propagation of Omega technology takes precedence over all other considerations.”

K’Nor turned to the judges. “That your honors, is the crux of this case.”

Both the judges and Alverson wore shocked expressions.

“That Starfleet would operate under such a directive, its very existence kept secret, runs contrary to all Starfleet is supposed to stand for, and counter to the very oath that Jack McCall took upon entering the Academy,” K’Nor said. “Each officer again takes that oath upon their commissioning. I believe Starfleet and this court consider that oath still operative, do they not?”

“Yes,” Vulnes responded cautiously.

“That oath requires them to obey the Prime Directive and uphold it even if it requires the sacrifice of their own lives, does it not?” K’Nor asked.

He watched as all the officers in the room nodded.

“But that oath does not include anything about the Omega Directive, does it?”

“No, of course not,” Alverson stated. “That directive is only revealed to captains and above.”

“But the captain's oath again requires them to sacrifice their lives for the Prime Directive, and if necessary, the lives of their crew.”

“Yes, but that...” Alverson started.

K’Nor turned to the judges. “If that oath means a damn to any of you in this room, you cannot condemn an officer for following it to the letter as Captain Jack McCall did. He sits here now on the principle of the Prime Directive. He refused to obey the order of Commodore Dameron who I will show has on a number of occasions tossed the Prime Directive aside. The Commodore has even embraced genocide on more than one occasion.” He turned to Alverson. “You have the wrong man sitting here, Captain. You should have Commodore Dameron charged with attempted genocide.” He smiled. “I believe there are a number of regulations regarding that crime, are there not?”

Alverson sat back at the prosecution table shaking his head.

Vulnes conversed in whispers with the other judges.

“He makes a very good point, Captain Alverson,” Vulnes said. “I am afraid we are going to have to allow General K’Nor to proceed along this line of inquiry.”

Jack did his best not to smile as he watched K’Nor continue.

 

***

 

 

After the hearing, Jack felt a lot more positive about the case.  K’Nor seemed to be pursuing a course of action which seemed likely to put Dameron and his orders on trial instead of Jack. He began to wonder if Starfleet might blink, and end the whole thing to avoid upending their precious Omega Directive.

“I may get the Chamberlain back after all,” he murmured to himself as he opened the door to the apartment where he’d been staying. But as he entered the living room, he got the distinct sense he wasn’t alone. “Melissa?”

Instead of his wife, a shriveled excuse for a human being stepped out of the kitchen.

“Sorry,” Cyrus Wakernaggle said. “You weren’t here so I thought I’d let myself in.”

“And how exactly did you accomplish that, Ambassador?” Jack asked, frowning now.

Wakernaggle smiled. “I have friends in Starfleet Intelligence who have provided me the means to access places others don’t want me to access.”

“I’m sure the local police will be interested in hearing about that after they get here,” Jack said, flopping down into a couch.

“Come now, my boy,” Wakernaggle said. “Is that any way to treat someone who has come so far to help you?”

Jack noticed Wakernaggle had a glass of wine in his right hand.

“Do help yourself,” Jack said with as much sarcasm as he could muster. “I’m sure there’s some silverware in the kitchen you can steal as well.”

“I didn’t think you’d mind an old friend helping himself to a glass of wine,” Wakernaggle said, taking a sip. He smiled. “You’ve got a reasonable taste in wines, my boy. This is quite acceptable.”

“Not me,” Jack said. “That was something Melissa picked up.”

Wakernaggle nodded, and sat in the couch across from Jack. “What are you doing?”

Jack laughed. “Sitting here, watching you drink Melissa’s wine.”

“I meant concerning your case.”

“Defending myself,” Jack said, noticing an odor of decrepitude coming from Wakernaggle’s direction. “I think I’m allowed to do that.”

“Attempting to pull Dameron into this will be counterproductive… and dangerous. He will not sit idly by as you pursue this course.”

Jack shook his head. “Dameron issued an order to annihilate the people of Geryon IV.”

Wakernaggle set his glass down on the table in front of him. “The next time you go into court, tell them you had every intention of following your orders, but due to the secretive nature of the Omega Directive, you knew you could not bring your crew to do what needed to be done. Tell them you had no choice but to follow this path, and that if given a select skeleton crew you can and will fulfill your orders in regards to that planet.”

Jack threw his head back and laughed. “That wine must be better than I thought. It took just a few sips to make you drunk.”

Wakernaggle frowned. “I am completely sober and serious.”

“No, you’re not.”

Wakernaggle sat back in the couch. “While not the only option, this is the best opportunity for you to not only get out of this court-martial, but to retain your command.”

“The whole point was to protect the people of that planet.”

“You don’t have to destroy that world,” Wakernaggle said. “Results aren’t the point. You need only make the effort to complete your mission. If you can’t get past the null subspace field, then that’s not your fault. Blame Dameron’s foolhardiness to mention Omega via open communication with your bridge crew. You can pin that on him without bringing all of Starfleet down on your head. Paint it as Dameron’s failure to give you the space necessary to complete your mission.”

Jack let out a long breath. “That would be a lie.”

“Construct the logic however you please,” Wakernaggle said. “But if you use this as your defense, and…”

“No.”

Wakernaggle stared at him for a full minute. “Like it or not, your job as a starship captain has a certain level of politics involved. If you are not able or willing to master that game, your career won’t go much further.”

“I’ll win this case my way,” Jack said. “And in the process, I’ll expose the Omega Directive for the abomination it is.”

“That will never happen,” Wakernaggle replied. “The danger from the Omega molecule is too great a threat to our way of life. What I’ve suggested to you will work, Jack. The goal is what matters, not how you get there.”

“How we get there is the most important thing!” Jack shouted. “All of my training has emphasized that.”

Wakernaggle shook his head, and took another sip of wine.

“Is this how you turn people into monsters?” Jack asked.

“You became a monster the first day of your first command,” Wakernaggle replied. “That was when you held in your hands the power to lay waste to a planet. That you didn’t exercise that power matters not. Every world in this galaxy fears men like you, and rightly so. You hold the power of life and death over them. If that power is executed by an order or on your own whim it doesn’t matter to the victims.” His eyes narrowed. “Sometimes the only way to defeat a monster is to become a monster. That is the choice we make to protect the people of this galaxy.”

“I am not a monster because I refused to murder billions,” Jack said. “In this case my judgment, or if you like my whim, was the moral choice instead of the order.”

“What do you call a creature who can rain down death on all the inhabitants of a planet?”

“There are regulations concerning the use of force,” Jack said. “And finally, the conscience of a captain.”

“You were given a lawful order given by your superior officer and the Federation President.”

“There is no reality in which that order was legal,” Jack replied.

“Unfortunately for you, in the reality of the Federation of 2383, it is quite legal.”

“It certainly wasn’t moral,” Jack said. “It is wrong to kill billions just to preserve our way of life.”

Wakernaggle stared at Jack. “Kadan Loftus’s court-martial is already in the works. She will be charged within a week.”

“That’s insane! She didn’t do anything wrong!”

“Loftus ignored the direct order of a Starfleet commodore! Did you think there wouldn’t be consequences for that?!”

“How can she be held responsible for violating a directive she didn’t even know existed?”

“Dameron ordered her to take command from you. She refused,” Wakernaggle said. “After they charge Loftus, next will be your wife, Melissa.”

“Now just a damn minute…”

“Then Nakano, and every other officer on the bridge down to Zaylie Burton,” Wakernaggle said. “All of them will be charged, and all of them will receive time in a penal colony.”

“They didn’t do anything!”

“Exactly,” Wakernaggle said. “A superior officer informed all of them you had violated his order, and none of them took any action to relieve you of your command.”

Jack was seething. “His damn order was to commit genocide!”

“Starfleet and the Federation intend to make an example of you and your bridge crew. The verdicts in their cases as well as yours have already been written,” Wakernaggle replied. “A message will be sent that the Omega Directive is to be obeyed.” He paused a moment. “Of course, if you relent, they will all be spared.”

The thought of his officers being put through this tore into Jack like a wild beast eating his insides.

The verdicts have already been written? Jack wondered. What the hell was going on within Starfleet?

Wakernaggle stood. “Please give Melissa my compliments on her choice of wine,” he said as he headed for the door. “You have forty-eight hours, Jack.”

Cyrus Wakernaggle closed the door behind him.

 

-GO TO CHAPTER 5-