The judge nodded. "The excerpt is accepted as appellate exhibit six."
Wilkes turned back to the witness stand. "Petty Officer Daniels, isn't that possible? That you saw something that wasn't there because of the tense atmosphere inside the Combat Information Center?"
Daniels stared steadily back at Wilkes. "Sir, I didn't imagine anything. I saw it."
"I'm sure you believe that, Petty Officer Daniels. I wouldn't suggest otherwise. But you were tense, weren't you?"
"Yes, sir."
"Everyone in Combat was tense, weren't they?"
"I'd say so, sir."
"Why?"
"Because of the situation, sir. Because that SASAL ship was coming right at us and not saying a word."
"How did you get into that situation, Petty Officer Daniels?"
"Sir?"
"How did the Michaelson come to be so close to the SASAL ship despite the other ship's failure to communicate?"
"We intercepted that ship, sir."
"So you wouldn't have been as tense if the Michaelson hadn't been in that position? If your commanding officer hadn't created a situation in which you were so fearful you imagined you saw weapons being powered-up on the other ship?"
"Objection!"
"I withdraw the question. No further questions."
Garrity was looking down at the surface of the defense table, her mouth a thin line. Paul felt a stab of sympathy for both her and for Petty Officer Daniels, who was trying to maintain a cool military bearing despite Wilkes' attack on her testimony. Finally, Garrity looked up. "No further questions."
The next witness was Petty Officer Li, whose testimony went much like Daniels' had. Yes, he'd seen a transient, too. Yes, he was absolutely certain. No, he couldn't explain why the combat systems had no record of having displayed such a detection. When Li left the witness stand, Paul felt the testimony of the two Operations Specialists had resulted in a draw between the trial counsel and the defense with no gain for either side. Which would make what he had to say more important than ever.
I'm the last witness. Paul stole another look backwards to where the junior officers sat. Jen and Kris gave him twin thumbs up. Carl Meadows made a gesture of squeezing something between his palms, then grinned reassuringly. Right. No pressure. Hah. I feel like I'm under three g's of acceleration.
"The defense calls as its next witness Ensign Paul Sinclair."
He walked up to the witness chair, no longer aware of anyone else in the courtroom. Commander Wilkes came into his line of vision. Whatever Wilkes thought or felt about Paul wasn't betrayed by his fixed expression as he administered the oath. "Do you swear that the evidence you give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth, so help you God?"
Paul's mouth and throat suddenly felt dry. "I do."
Wilkes left and Lieutenant Commander Garrity came before him. "Are you Ensign Paul Sinclair, assigned as primary duty Assistant Combat Information Center officer and collateral duty ship's legal officer to the USS Michaelson?"
"Yes, ma'am."
"And in your capacity as ship's legal officer, did the ship's executive officer, Commander Herdez, ask for your interpretation and assessment of the operational orders issued to the USS Michaelson governing its last patrol?"
"Yes, ma'am."
"And did you provide such an assessment?"
"Yes, ma'am."
"Please summarize that assessment."
"Yes, ma'am." Paul took a deep breath before he started speaking. "Basically, I told the XO, Commander Herdez that is, that the orders seemed to be very broad in a number of critical areas, and also vague on a number of very important points."
"What made them very broad?"
"The wording, ma'am. The orders kept using terms like 'appropriate' and 'necessary' to describe what the captain should do instead of setting parameters, but then they'd turn around and say he shouldn't do anything that'd be wrong, but they didn't specify what that might be. You ended being confused after reading them as to what was and was not mandated, what was and was not prohibited."
"Shouldn't the captain have known what would be wrong, Ensign Sinclair? What was mandated and what was prohibited?"
"No, ma'am. The orders said we, our ship, needed to do anything necessary and appropriate to carry out our primary mission. It said the captain 'shall' do anything needed to counter attempts to violate our sovereign claim to that area of space. The kind of wording pretty much leaves it up to the captain to decide what methods are, uh, necessary and appropriate."
"Ensign Sinclair, this court has heard extensive testimony that Captain Wakeman's actions and decisions violated numerous standing orders and instructions. Do these orders which you have characterized as broad and vague have any bearing on those charges?"
"Yes, ma'am. Specific orders always take precedence over standing orders."
"Give an example of that, Ensign Sinclair."
"Well, take the standing order that ships remain within their assigned patrol areas for the duration of their mission. If you received an order from fleet staff telling you to leave your patrol area, you'd have to obey it regardless of what the standing orders say. Otherwise the fleet staff wouldn't be in charge, the standing orders would be."
Garrity looked toward the members table, then back at Paul. "Where did you learn that, Ensign Sinclair?"
"At the Academy, ma'am, and again in space warfare specialty training."
"So it's taught to new officers as a pretty basic guiding principle?"
"Yes, ma'am."
"What did his orders say Captain Wakeman was to do in the event a foreign ship challenged United States sovereignty of the area you were patrolling?"
"They said he had to, uh, counter any such challenges."
"He had to? No vague wording?"
"The orders said 'shall,' ma'am, and I was taught 'shall' and 'will' means you have to do something."
"Captain Wakeman had to do something. What?"
"The orders didn't specify, ma'am. They said he should do what was necessary and appropriate."
"Did they say what he shouldn't do?"
"Sort of. That's the word they used. Should. Captain Wakeman 'should' refrain from doing anything which would, uh, cause adverse effects on, uh, U.S. foreign policy." Paul fought to keep his voice steady as his memory faltered. He'd gone over those orders a hundred times in recent days, trying to memorize the critical passages, and had intended doing so again last night. Jen's surprise had altered those intentions, not that Paul regretted that fact even as he desperately tried to dredge up the right phrasing from his memory.
"And what does 'should' mean?"
"It means you ought to, ma'am."
"Ought to? Not have to?"
"That's right, ma'am."
Garrity began pacing slowly back and forth. "Let me see if I understand your testimony, Ensign Sinclair. You were asked by Commander Herdez to provide an analysis of your operating orders for the USS Michaelson 's last patrol. You did so, stating that the orders were broad, vague and unclear."
"Objection. Ensign Sinclair never characterized the orders as 'unclear.'"
"I will rephrase. Ensign Sinclair stated the orders were broad and vague. The orders left considerable room for the captain's judgment as to what actions would be necessary and appropriate in carrying out the ship's primary mission, while cautioning the captain in less forceful language not to undertake other unspecified actions. Those orders took precedence over standing orders and instructions according to what the United States Navy teaches even its most junior officers. Is that an accurate summation?"