lawyer than the JAGs up here. Paul took a look at Lieutenant Owings and saw he was making notes with a carefully expressionless face. I bet David didn't listen to you, did he? Well, David's smart enough when he wants to be. I have a feeling he'll learn fast.
Judge Campbell gave Commander Carr a nod. 'Proceed, Trial Counsel.'
'Thank you, Your Honor. Ensign Taylor, do the safeguards and cut-outs to which you refer include functions designed to prevent the unauthorized downloading of classified material?'
Taylor nodded. 'Yes, ma'am. They check to see if a specific terminal is authorized for access to that information, that is, if they can handle classified material and at what level of classification, then they check to see if whoever's logged in has high-enough access as well, then they allow viewing of the material but no copying, no transfers and no downloads of any kind. People are always complaining to me that the system is a pain in the neck, but I tell them that's the rules and if they don't like it they need to talk to somebody quite a bit higher in the chain of command than I am.'
Paul hid another smile. He hadn't thought about what a persuasive and personable witness Taylor would make, but he was sure Carr had realized it immediately.
Commander Carr looked toward the members as she asked the next question. 'Then your system works exactly as required, Ensign Taylor? No unauthorized modifications of any kind that would short-circuit any of those safeguards?'
'No, ma'am. And I've got inspection results to prove it.'
'In your expert opinion, Ensign Taylor, is there any possible way for someone to accidentally download classified information in violation of regulations?'
'No, ma'am. It'd take a lot of work and you'd have to be doing it on purpose.'
'Thank you, Ensign Taylor.' Commander Carr gave her a small, professional smile. 'No more questions.'
Judge Campbell leveled her gavel at David Sinclair. 'Defense may cross-examine.'
David Sinclair rose, frowning slightly, but his expression cleared as he approached the witness stand. 'Ms. Taylor-'
Taylor's eyes widened. 'My mother's not here.'
A brief chuckle ran through the courtroom. Judge Campbell rested her chin on one hand. 'Please use military courtesies in my courtroom, Counselor.'
David Sinclair had flushed slightly at his error, but recovered quickly. 'Forgive me, Your Honor. Both my mother and father are retired Navy officers so, as one raised in a Navy family, I shouldn't have made that error.'
Paul almost let his admiration show. His brother had brought out his military family credentials as early as possible without making the revelation seem phony.
David Sinclair faced the witness stand again. ' Ensign Taylor, does your equipment ever malfunction?'
'Sure it does. If it didn't, I wouldn't have a job.'
'Does it ever behave in ways it's not designed to behave?'
'Sometimes. Within limits. It's-'
'Has it ever done anything unexpected?'
Taylor gave David Sinclair a look of grudging respect. 'Yes. It has.'
'Can you honestly say that it is absolutely completely impossible that the safeguards and the system monitoring software didn't suffer brief simultaneous failures, or that some combination of failures somehow led the system to approve an action which it should not have approved?'
'Nothing's impossible. But-'
'Thank you, Ensign Taylor. No more questions.'
David Sinclair walked back the defense table and sat down as the judge addressed Commander Carr again. 'Does trial counsel wish to redirect?'
'Not at this time, Your Honor. Trial counsel defers to the members.'
David Sinclair looked up quickly, then frowned again as Judge Campbell addressed the members. 'Do the members have any questions for this witness, Captain Nguyen?'
Paul saw his brother whispering to Lieutenant Owings. It was obvious to Paul, at least, that this aspect of military justice didn't suit David Sinclair at all. It allowed the military officers on the 'jury' to use their own experience and expertise to draw out information which the lawyers might or might not want brought into evidence.
Lieutenant Kilgary spoke softly to Captain Nguyen, and at Nguyen's nod she leaned forward. 'Ensign Taylor, would you complete what you were about to say in your last answer?'
'Thank you, ma'am. I was about to say that something might not be impossible, but that doesn't mean it's got any real chance of happening. I can't rule out my system suddenly becoming self-aware, deciding it's God, and trying to take over the world, but just because that isn't flat-out impossible doesn't mean I stay awake nights worrying about it.'
Another brief smile flickered over Lieutenant Kilgary's face. 'Thank you, Ensign Taylor.'
Lieutenant Commander de Vaca leaned forward next. 'Ensign Taylor, when was the last time your system was certified safe for the storage of and access to classified materials?'
'Sir, that was last done on the afternoon of 17 August.' A murmur ran through the courtroom.
De Vaca looked impressed. 'The system was certified and approved in all respects?'
'Yes, sir. No faults noted, no waivers required. There never have been,' Taylor added. 'Not on my systems. You can look it up.'
Commander Carr stood. 'If the member desires, Trial Counsel is prepared to enter the inspection report and certification into the trial record.'
'Yes, ma'am.' De Vaca nodded. 'Please.'
Paul noted that de Vaca looked pleased with himself for bringing out the point about the inspection. He wondered at what point Carr would've introduced it if one of the member's hadn't. She likes letting her points get brought out by the members or even the defense. They make more impact that way. Maybe David will learn a few things from her.
Captain Nguyen looked from side to side to see if any other members had any questions, then gestured to the judge. 'No more questions from the members, Your Honor.'
Judge Campbell pointed her gavel toward the witness stand. 'Ensign Taylor, you are temporarily excused. Please ensure you are available for the remainder of this court-martial in the event you need to be called again. As long as this trial continues, do not discuss your testimony or knowledge of the case with anyone except counsel. If anyone else tries to talk to you about the case, stop them and report the matter to one of the counsels.'
'Yes, ma'am.' Ensign Taylor stood and walked out, looking for all the world like she was actually the one in charge of the proceedings.
'The United States calls as its next witness Special Agent Pamela Connally.'
Paul watched Connally stride purposefully to the witness stand, looking quietly professional. Commander Carr swore her in, then standing near her, began asking questions.
'Are you Special Agent Pamela Connally, currently employed by the Navy Criminal Investigative Service and assigned to the NCIS office on Franklin Naval Station?'
'I am.'
'Describe your actions on the evening of 17 August.'
Connally gazed calmly back at Commander Carr as she spoke. 'I went aboard the USS Michaelson and placed a special tap onto the personal terminals of some of the officers.'
'What was the purpose of this tap?'
'It would alert us if any classified information was downloaded in violation of the usual safeguards.'
Commander Carr looked mildly puzzled. 'We've just been informed that the computer systems on the USS Michaelson contain safeguards which would prohibit such downloads.'
'Yes. That's right. If they haven't been deliberately interfered with. There is, however, software which allows a determined user to bypass those safeguards by essentially misleading them as to the actions being taken. The tap was designed to detect such bypassing despite the use of the software.'
Carr nodded. 'Then it would only report downloads which had deliberately,' she paused for a fraction of a
