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A/N: What I think should have happened after "Faking It". This story is not betaed and all mistakes are mine and mine alone.
Summary: Tony presses charges against Mike Franks for assaulting a federal officer after the events of "Faking It". One shot, no ships. Spoilers for that episode.
Definition of "Assault of a Federal Officer", copied from the following website: .com/a/assaulting-a-federal-officer/ . 18 USCS § 111, makes it a Federal crime or offense for anyone to forcibly assault a Federal officer while the officer is engaged in the performance of his or her official duties. As per the section whoever forcibly assaults… any person designated as an officer or employee of the U.S. while engaged in or on account of the performance of official duties… shall be guilty of the offense. If the acts amount only to simple assault, then s/he may be fined or imprisoned not more than one year, or both. Where such acts involve physical contact with the victim of that assault or when there is intent to commit another felony, s/he shall be fined or imprisoned not more than 8 years, or both.
Gibbs came storming down the stairs from the director's office. He was very pissed and everyone could see it. The team members in the bullpen kept their heads down, each hoping they weren't going to be the one in the line of fire.
As Gibbs stalked past Tony's desk towards the elevator, he barked out, "DiNozzo, my office, now!"
McGee and Ziva gave Tony sympathetic looks as he got up from his desk and followed Gibbs into the elevator. Once the two of them were alone, Gibbs hit a button for a random floor and when the elevator started moving, he pulled the emergency stop button. He got in Tony's face and growled, "What the hell do you think you're playing at, DiNozzo?"
Tony didn't think he'd ever seen Gibbs this angry, except for maybe when he was after Ari Haswari, but he decided to play dumb for a minute, just in case Gibbs was pissed about something different than what he thought. "I don't know what you mean, Boss."
"Don't play stupid with me, DiNozzo," Gibbs stated in his most deadly tone. "Why did you press charges against Mike Franks?"
Tony refused to be intimidated. He knew the charges were legitimate and he wasn't going to back down. He replied, "I think you know why, Boss."
Gibbs stalked to the other side of the elevator and turned to level his best glare at his senior field agent. "No, I don't. Why don't you tell me?"
"He assaulted a federal officer," Tony replied confidently, looking Gibbs in the eyes.
"You didn't see who hit you, Tony. How can you be sure it was Franks?" Gibbs really hoped he could talk Tony out of pressing these charges. Other things he didn't want known were bound to come out if Tony went through with it.
"Boss, with all due respect, everyone from the director all the way down to Palmer knows it was Franks who hit me. He's the only one who could have done it. He was never kidnapped. Kobach wasn't holding him prisoner."
"Even if all that's true, that doesn't mean you have to press charges against him," Gibbs said.
"So you're saying it's okay that he knocked me out." Tony didn't want to believe that Gibbs actually condoned Mike's actions.
"No, I'm not saying that," Gibbs replied. "I'm saying that I owe him and we should just let him go."
"No offense, Boss. You may owe him something, but I don't owe him shit." There was no way was Tony going to let this go.
"Listen, Boss," Tony interrupted, trying to get Gibbs to see reason, as he didn't seem to have any where his old boss was concerned. "He didn't need to attack me like that. He'd been missing from the house for a good five minutes before I went looking for him. I found him in your back yard smoking a cigarette. He had plenty of time to just slip away, but he decided to wait there, sneak up behind me, and knock me out."
"But he didn't really hurt you, Tony," Gibbs said persuasively. "There was no lasting effect. You're fine."
"That's beside the point!" Tony shouted. "He could have killed me."
"But, he didn't," Gibbs replied softly.
Tony forced himself to calm down. "Okay, let's forget about the assault on a federal officer for a minute," Tony conceded. "Are you gonna try to tell me he didn't lie to all of us about that so-called evidence he had against Kobach?"
Tony had hoped he wouldn't have to bring this part up, but Gibbs was nothing if not stubborn, so he interrupted, "Are you gonna tell me that he didn't kill Kobach in cold blood while you stood there watching?"
Gibbs was visibly surprised by Tony's words. "You can't possibly know anything ab-"
"Do you think I'm a complete idiot, Gibbs?" Tony interrupted again. "I was there. I heard a shot, so I decided to sneak a peak through the door. I saw Kobach drop his gun and raise his hands, and then I saw Franks shoot him. Out of respect for you, I didn't call either of you on it. I don't want to see you go to prison because you're loyal to your old boss, but I'll be damned if Mike Franks gets away with cold blooded murder. If pressing charges against him for assaulting a federal officer is the best I can do, then I'm doing it."
Gibbs gave up trying to change Tony's mind. He'd forgotten that his second-in-command was very nearly as stubborn as Gibbs was. "You're right, Tony. I was just hoping Franks could go back to Mexico and I could forget about the whole thing." Gibbs knew about wanting revenge personally, but he reasoned with himself; Kobach hadn't killed Mike's family, he hadn't killed a member of Mike's team. Basically, Kobach was 'the one that got away', and that's why Mike had killed him.
Tony replied, "I'm glad you finally see things my way, Boss." He paused a moment and then continued, "If it makes you feel any better, I'm sure Franks has enough brains to not even mention how Kobach died. That'll only get him more time."
Gibbs looked at Tony sadly and said, "It really doesn't make me feel better. It makes me feel like a hypocrite."
"You didn't kill Kobach, Boss," Tony said. "You couldn't have stopped him. All you really did was not turn Franks in afterwards." He looked at Gibbs uncertainly and asked, "Are we okay?"
Gibbs hated himself that Tony even felt he had to ask that question. "We're fine, Tony. You're just doing what I should have done in the first place."
Tony replied, greatly relieved, "Thanks, Boss."
Gibbs hit the emergency stop button to get the elevator moving again. He looked at Tony and said, "Mike could go to prison for up to eight years."
Tony replied, "I'm sorry about that, Boss. In my opinion that's not nearly long enough, but I'll take what I can get."