Work Text:
Tony entered his apartment, shutting the door behind him quietly. It was an old habit, so ingrained he rarely thought about it any more. His father had let him know, in no uncertain terms, that he didn't appreciate doors being slammed. Thereafter, Tony always took care to close every door as gently as possible.
Wandering into his kitchen he grabbed a beer. Taking a sip, he realized he'd definitely called it right when he'd told Shepard that Gibbs wasn't one hundred percent. He'd lied to the man---looked him right in the eye and lied with so much ease and grace Tony had amazed himself with it. Lying well wasn't really the issue. No, what mattered was Gibbs hadn't caught it. The older man would never have missed it six months ago, never would have let Tony get away with it so easily.
Tony snorted. It might not have been all his skill that made Gibbs fall for it. Gibbs wanted to believe the best of Franks. Clearly he still felt a great deal respect for Franks and loyalty to him---calling him 'boss' when the man hadn't filled that roll for more than ten years.
Tony rolled his eyes. He really couldn't pass judgment on that. Odds were good he'd be calling Gibbs 'boss' ten years from now.
Tony stepped out to his balcony and sat in the chaise lounge. It wasn't so chilly as to be outright uncomfortable, but it was close. Still...Tony didn't want to be inside. It was some how easier to deal with his thoughts outside, breathing in fresh air, staring out into the darkness.
He'd know there was no leak. There was no coordinated effort to get the retired agent. No. The man had left of his own accord, after hitting Tony hard enough to render him unconscious. Not that Tony had wanted to tell Gibbs that.
Tony sipped his beer again. "How do you tell your hero that his hero has feet of clay?"
Tony shook his head. He really couldn't claim the moral high ground, at least not entirely. It hadn't been exclusively about sparing Gibbs feelings.
He had wanted to offer some explanation that would justify Gibbs faith in Frankâ€"and maybe that was what made his lie so believable. But lying to Gibbs was also a test. Ziva might claim she could tell he was lyingâ€"and she did catch most of his lies, but they were generally the ones he wanted her catch. Hell, Tony had already been lying to her and McGee for nearly three months. Neither knew anything about what he was up to, or with who, or that he'd never gone to Germany at all. Those two weeks he'd been gone were spent working for Shepard, not at some international conference, and none of his team knew that or even thought to question him.
But lying to Gibbs, well, that was the main event. The man was better than anyone Tony had ever met when it came to finding out the truth. Lying to his boss was something he had to be able to do it if he was going to continue working undercover for Shepard. If he needed slipped up once, and it would all be over. The moment in the yard when Gibbs asked how many there had been, how Franks could have been taken---it was too good an opportunity to pass up. So Tony lied. And Gibbs bought it; hook, line and sinker.
Tony's question about why they'd take Franks at all rather than just kill him had been another test. He wanted to know if Gibbs really thought Franks had the evidence he claimed to possess. Tony seriously doubted the man ever had anything at all. Franks didn't speak up about having it until Tony told him they couldn't make a case, that there wasn't enough to hold their Russian suspect for jay walking, much less murder. And just like that Franks had the file for Operation Sunburst. Tony didn't trust things that came so easy. Ordinarily, Gibbs didn't either.
Gibbs trusted his mentor to have what he said he didâ€"without ever seeing it. The old Gibbs, with anyone else, would never have just taken the man at his word. NCIS agents didn't assume. Or at least they weren't supposed to.
Gibbs never saw the file, which meant it clearly never existed. If Franks had any concrete proof, with his own life on the line, he would have shared it with Gibbs. Good sense should have dictated he make certain someone could close the case if he died. Assuming closing the case had ever been the objective. Which, Tony also suspected had never been Franks intent. It wasn't about justice, and it never had been. Something else the old Gibbs would have been more aware of.
Tony sighed. He took a deeper drink of his beer annoyed with himself for expecting better of Gibbs. The man was only human. He could and did make mistakes. Just like anyone else.
Tony rubbed tiredly at his eyes. Thinking the man could do no wrong was a hard habit to break. So was Tony's continuing desire to want the man to give him some sign, some small indication that he remembered them being more than just coworkers.
For a moment, when Gibbs checked his pupils, his touch light and gentle, Tony thought maybe the man did remember. He thought just maybe Gibbs might actually give a damn---in spite of his occasionally cutting comments and dismissive actions, he might genuinely like Tony, might even care about him, even if he didn't respect him.
Tony shook his head. "You are an idiot, DiNozzo."
That moment of seeming concern was wiped out by a single comment. Who would have thought Shepard's first name could be such a powerful word? Oh yeah, it implied a familiarity---one Gibbs obviously thought Tony shouldn't have. Tony snorted. He'd like to think Gibbs was jealous of Jenny for getting close to Tony but he knew better. It was more likely the case that Gibbs was pissed at Tony for getting close to what the former Marine considered his territory.
Like as acting team leader, Tony couldn't have been on a first name basis with her? Hell, He didn't have to sleep with her for that.
"If he was a dog, he'd have pissed a circle around her," Tony muttered, laughing softly. And around his desk. And his team.
It wasn't care or fondness that had Gibbs checking him to see if he was okay, it was ownership. Gibbs would have done the same for anyone on the team. There was nothing special or remarkable about his relationship with Tony as far as Gibbs was concerned. Tony absently rubbed a hand across his chest hoping some day he'd be able to come to accept that. For all he knew maybe Gibbs slept with Stan Burley too. It was pretty obvious he'd had sex with Shepard.
Another little lie, flirting with the paramedic, was all it took to convince Gibbs he was fine. If the man really gave a damn it should have taken more than that. And if he'd been paying attention, he'd have caught on that Tony wasn't really trying to chat her up. If he'd been trying, she'd have given him her phone number with out him even having to ask.
Tony took another long swallow of beer. He closed his eyes thinking about what happened in the Cantina. Two shots...silence...and then two more shots. What Tony suspected happened in that moment of quiet was another reason he was glad he opted not to take the job in Spain .
Without testing the bullets he couldn't know for sure who shot which Russian, and there was no way to know without asking which one had been shot first. One thing Tony was certain of, at least one man hadn't been killed in an act of self defense. No, at least one had been killed as a deliberate act of vengeance. Murder. Plain and simple.
Had it been Gibbs or Franks? Tony's money was on Franks. Mostly because he figured it had been the retired agent's goal all along. And because, he really didn't want to believe Gibbs was capable of outright murder. But that would still make Gibbs an accessory. And it meant the man Tony had all but worshipped for the last five years let a killer go free.
Did the Russians deserve to die? Probably. But rule of law was the fine line that separated their actions from that of their adversaries. It was what made them the good guys. For Gibbs to have let Franks walk---it wasn't just stepping over the line, that was taking a running leap.
Tony could understand it, even if he didn't condone it. He knew if he was in the same position as Gibbs, he might well be inclined to let his 'boss' get away with murder. Tony wasn't sure he even wanted to think about what that said about him. It was all moot anyway. He couldn't prove what he suspected.
Tony sighed, finishing his beer. Today hadn't changed anything with respect to his own plans. He had a case of his own to see through. He still had a burgeoning relationship with a lovely woman that might well prove to be the best thing that ever happened to him. And he would still be keeping an eye on Gibbs.
"Guess that means I'm still waiting and watching," Tony muttered, getting up and heading back inside.
He glanced at his watch. Jeanne was working a late shift at the hospital. Tony nodded to himself, deciding to call. It would be good to hear about her day. It had to have been better than his.