Smiles, Tears, & Happy Endings | home
Meeting, Damn Depositions & Rules
August
It had been the week to end all weeks. ‘Actually’, Donna thought,
‘it’s been the week that’s almost seen the end of me’. For the last two days, she had been giving her deposition, and it had left a bad taste in her mouth that was liable to last for a very long time.
It’s not like she hadn’t seen it coming. She and some of the other
assistants had received their subpoenas about three weeks prior. She
had been served, noted the date, marked it dutifully in her calendar, and then done her best to forget about it. She found out later that Margaret, Carol, Bonnie and Ginger had been served with theirs on the same day she had. In this case, misery did not love company.
The general rule of thought was that the assistants had been served
first in order for the Special Prosecutors to pry loose whatever dirt they could, then use said dirt to throw in the faces of certain key senior staff members. When Donna heard this theory, her first thought was, they really have no clue who they’re dealing with. Then she met with Oliver Babish.
That meeting was an education in the many ways a person can be duped into incriminating themselves…and others. The worst part was, she had worked in the White House long enough to be responsible and careful with the way she answered certain questions. When you’re the person that other people have to go through in order to speak to the Deputy Chief of Staff, you learn the art of a carefully turned phrase, and you learn it well. She would soon learn that this skill was paltry preparation for being deposed in front of a federal grand jury. So she sat with Babish while they discussed the many things that she may be asked, and he picked apart and analyzed every syllable and nuance of her answers, until she felt like screaming. She restrained herself, though it took considerable effort.
However, when she made a stop at the ladies room after leaving Babish’s
office, she did take the opportunity to vent her anger on the door to one of the stalls by giving it a good swift kick. This did little to help, since the door was a lot less prone to injury than her foot, and to top it off, she had managed to put a nasty scuff on one of her favorite pairs of shoes.
Donna was standing next to the sink, her scuffed shoe in one hand,
while she tried to ascertain what, if any, damage she had done to her toe. She had pretty much decided it wasn’t broken, only sore, when Carol walked in. Her gaze traveled from the shoeless foot to the lingering frustration and anger on Donna’s face and quickly assessed the situation.
" Just got done with Babish, I see."
" Is it that apparent?" Donna asked with a grim smile, replacing her
shoe somewhat gingerly and checking her appearance in the mirror.
" Not really", Carol confessed, " I just ran into Margaret and she
said you were meeting with him. How’d it go?"
" Well, another meeting like that and I’ll be all set if they ever
make verbal gymnastics an Olympic event", Donna observed, dryly.
" That bad, huh?" Carol asked, wincing at Donna’s words.
" That doesn’t even scratch the surface, but then, he’s the least of
my worries."
" Yeah…now that you mention it-" Carol began with more than a little
hesitation.
" Oh no, what has he been doing now?" Donna asked, without bothering
to qualify who ‘he’ was. They both knew she was talking about Josh.
" Well…he was yelling for you for about five minutes or so- not
constantly you understand- on and off. Anyway, finally Ginger was kind
enough to remind him you were in this meeting, and he got this
expression on his face that was…well frankly, I’d rather see CJ pissed than see that look."
Donna leaned against the wall and closed her eyes, " What happened
then?"
"Nothing really, he just went in his office and slammed the door",
Carol replied, shrugging it off. On the other hand, Carol didn’t have to deal with him after the last ninety minutes she’d just lived through. ‘Oh well’, she thought, ‘No use delaying the inevitable’. Carol did have the grace to give her a sympathetic look and say,
"Sorry, I guess you really didn’t need to hear that."
" It’s okay, Carol. Thanks for the warning", Donna replied as she
gave the mirror one last check, " Honestly, that man is going to have me in some sort of institution for criminally insane assistants before this is all over."
She left the ladies room on the heels of Carol’s laughter and
thought, ‘Well at least I have some sense of humor left…even if it is grim.’
When Donna returned to the bullpen she was immediately reminded of
those times in elementary school, when the principal walked into the
classroom and everyone was suddenly on their best behavior. This was obviously due to the rant that Josh had earlier. Now everyone was in duck and cover mode, waiting for her to return, and take the thorn out of Josh’s paw. The way she was feeling at that moment, he would be lucky if she didn’t give him a swift kick with her uninjured foot.
She had just about reached her desk when Mr. Happy decided to make an
appearance.
" Where have you been?" Josh bellowed from his remote location of a
foot away from her ears.
Donna turned, and with a angelic smile pasted on her face, replied,
"Right here, Josh, as you can plainly see."
" No… I don’t mean now…before. You weren’t here", he replied
impatiently.
" That’s true. I was at the meeting I told you I would be at five
minutes before I left", Donna stated, amazed by his inability to see that she really was tired and angry and frustrated, and his churlish behavior was doing nothing to change that.
Then, the most interesting thing happened. All traces of impatience
left his expression and he touched her shoulder for the briefest moment, to get her to look at him.
" You okay?"
She nodded, but Josh could see that it was a lie.
" Come in here…" Josh said, and gestured towards his office, " I need
you to go over those appropriations figures with me."
Donna grabbed the file that contained the figures, and followed Josh
into his office. As she was limping over to the visitor’s chair, Josh closed the door. Her limp didn’t escape his notice.
" What happened to your foot?" he asked, as he sat down.
" Oliver Babish" , Donna answered, simply.
" Oliver Babish? I don’t understand- did he step on you, or
something?" Josh asked, wisely covering his amusement.
" No! He made me so mad that I kicked the stall in the ladies room."
Josh was quickly losing the battle when it came to containing his
amusement, and Donna couldn’t help but notice.
"It’s not funny, Josh! I very nearly ruined one of my favorite pairs
of shoes."
" And you care about that more than any damage you may have done to
your foot?" Josh asked, his grin now completely unmasked.
" Very funny. I’ll have you remember that I’m a girl on a budget",
Donna said, reaching down to remove her shoe and rub her sore toe.
" You mean you don’t do that thing with shoes that you do with your
dresses?" he asked, coming around to her side of the desk, bringing his
chair with him.
" Of course not, Josh. That’s just gross. Besides, I don’t do it with
all of my dresses- just the select few. Hey, what are you doing?" she
asked, as Josh took her injured foot in his hands and rested it in his lap as he proceed to give her a very nice foot massage.
" I’m telling your fortune. What does it look like?" Josh replied
with a smirk.
" Okay- first off, let me say that you give really good foot
massage…"
" I’m a master at it."
" If you say so- anyway, I think this would be considered
inappropriate touching in the workplace…"
" Only if I do it right."
" Well, you are doing it really well, so I think that would put it in
the inappropriate category, and therefore, it would be a violation of one of the rules."
" Yeah- you might have me there", Josh agreed, as he continued to
massage her foot.
" Then I guess I really should put a stop to this…"
" Yep…you really should."
Donna sat there, with every good intention of getting up, putting her
shoe back on, and going back to her desk. The thing was, she didn’t quite have the willpower. So there she sat, thinking that Josh could do almost as many marvelous things with his hands on her feet as he could on various other areas, and that thought lead to another, and then…
Suddenly, they were both startled by the sound of the door opening,
and then closing rather loudly. This was followed by the sound of CJ’s
voice, brimming with aggravation.
" Well, I guess it’s apparent that someone need a refresher course in
the rules of office behavior!"
At that particular moment, they both looked about as guilty as two
teenagers caught in the back seat of a car by the police, and CJ did
not look happy.
Donna removed her foot from Josh’s lap, and sat up a little straighter
in her chair. Josh had not moved, but the brief look of guilt that had
been on his face was gone.
" CJ- you need to take a breath, and keep three things in mind."
" What would those three things be, Josh?", CJ asked, moderating her
tone, with effort.
" One, that this is my office, and the door was closed. Two, that you
are one of the very few people who would have the audacity to barge in here unannounced." Josh noted, with a slight amount of pleasure that a
momentary flash of embarrassment crossed CJ’s features.
" Third, and most important, nothing inappropriate was going on here."
" Fine. A couple of things for you to remember- things aren’t always as
they appear, but that doesn’t stop people from assuming what they choose. Once that assumption is made, all the spin in the world isn’t going to get that first visual out of their mind, and this is hardly the time to be careless."
CJ stood there, looking at both of them, and then away. Josh took a
moment before he said anything, and in that moment, he had one of those
flashes of comprehension that happen sometimes to people, when they’re paying close enough attention.
" CJ, what did you come in here for in the first place? What’s
happened?"
" There’s a story out there. Right now, it’s nothing more than
tabloid level stuff, but considering everything else that’s going on, it might pick up steam", CJ replied, and a weary look came over her features, just saying the words. Donna regarded CJ with an ever growing sense of dread.
" CJ- what the hell…what’s the story?" Josh’s patience was now
wearing extremely thin.
" Do you remember the dinner that Sam arranged for you two?" CJ
asked.
" Sure - what about it ?" Josh asked, and then before CJ could
answer, Josh got this incredulous expression on his face and shook his head.
" No…no way, CJ! Are you trying to tell me that someone’s been
feeding information to the rags about our personal life? Who the hells business is this?" Josh exclaimed, getting up from his chair abruptly and beginning to pace around the room.
" Well, apparently they’ve decided to make it their business! They’re
running with some sketchy details about you, some romantic little
rendezvous, and a ton of speculation over who the mystery woman is. As
far as I’ve been able to discern, they know nothing about Donna", CJ
clarified, giving Donna a look that was a mixture of relief and sympathy. Josh hadn’t missed the look that passed between them, but it did nothing to improve his mood.
" Keep it that way", he stated in a voice tight with rage.
" Pardon me?" CJ asked, a little surprised by Josh’s tone, if not
his words.
" You heard me CJ! I see Donna’s name in print attached to a bunch of
sleazy innuendo, and certain people are going to see a side of me that
they don’t like", Josh stated emphatically.
Donna, who had been silent through most of this exchange, stood up
and went over to Josh, placing her hand on his arm to still him.
" Josh, yelling at CJ isn’t going to help. In fact, getting angry and
making dire threats isn’t going to help either."
" Donna…" he began to argue with her, but the look in her eyes
stopped him.
" She’s right…" CJ interjected, getting Josh’s attention again. " You
go into protective mode right now and you’re going to give them the best present possible. You can’t do it. You’ll become the center of their attention, and it’ll become a real story."
" It sounds like it already is a story, CJ!" Josh yelled, out of
utter helplessness, more than anything.
" No, it’s not. It’s a rumble. It’s a blip on the radar of some
sensationalist rag. The thing is - you start to react to this and
you’re going to get the attention of the legitimate press, and they’re going to start digging. Then it really will be a problem." When CJ finished speaking she stood there, watching Josh, watching him turn what she had said over in his mind. She knew he was struggling with what he wanted to do versus what he knew he had to do. Donna saw it too, and decided it was time to divert his attention.
" CJ is right, Josh. You can’t react to it, but we can find out where
it started. As long as we do it quietly and discreetly."
" I’m already on it. I’m on my way over to talk to Sam now", CJ
informed them, and was about to say something else when Josh interrupted her.
" I’ll talk to Sam."
CJ was preparing to comment on that when Donna decided it was time to
intervene again.
" Josh, let CJ do it…please", she implored.
" Why?"
" Because Sam is your friend, and right now you’re pissed and you
want to yell at someone. Once Sam hears about this, he’s going to feel guilty enough without seeing how upset this is making you", Donna replied, and once again Josh saw how all this was wearing on her.
With a heavy sigh, he turned to CJ, " Okay, you talk to him…but tell
him I’ll be by later."
CJ nodded, then asked, " You’re not going to yell at him, are you?"
" No, CJ. I’m not- now will you go talk to him, please?"
" I’m going. I’ll check back with you later", CJ promised, and with one
last, worried glance at the two of them, she left.
Josh sank down in his chair and buried his face in his hands for a
moment. When he looked up , he saw Donna sitting across from him, and the look on her face was enough to make him angry all over again. She looked devastated.
Instead of giving into his baser emotions , he tugged her closer to him
and held her for a moment.
" Donna- I swear to you, I won’t allow what we have between us to
become something you’re going to regret."
Where nothing else had, Josh’s words had the power to bring tears to
her eyes.
" Josh, how could you ever think I’d regret what we have. No matter
what- I’ll never regret loving you."
" Good, and you better know I feel the same way", Josh said, looking
at her closely to gauge whether or not she believed him completely.
" I’m glad. I just wish it didn’t have to be so damn hard", she
observed, trying her best not shrug off everything the day had dumped on her.
" Hell, Donna- when have we ever done things the easy way?" Josh
asked with a wry grin.
" Yeah…just once, though….you know?"
" I know. Come on, we’ve got a lot to do before we can get out of
here."
"Okay…you’ve got two meetings on the Hill this afternoon…" Donna
went on to describe the rest of his day, while Josh once again marveled at her strength and adaptability.
It was an hour after her conversation with Josh and Donna before CJ
could catch up with Sam, and she practically pounced on him the moment she saw him walk into the communications bullpen.
" Where have you been? I’ve been looking all over for you!"
" I had a meeting…Bonnie knew where I was. What the hell is going
on?"
" We need to talk", CJ replied, and Sam couldn’t mistake the urgency
in her tone.
" Let’s go to my office."
Five minutes later, CJ had laid the situation out for Sam, just the
way she had for Josh and Donna earlier. By the time she was done, she saw a side of Sam that people very rarely saw. It was the avenging angel in him.
It came out when his innate sense of right and wrong had been violated. It didn’t involve a boisterous display of emotions, but if you were
observant, you recognized it when you saw it. It manifested itself in the steel in his jaw and an icy hardness in his expression that was awesome to see. He became righteousness personified.
" We need to know where they got their information ", CJ added,
looking pointedly at Sam.
" I’ll take care of it."
" Sam…"
" CJ, I’ll take care of it. You’ll have the information you need by
tonight."
" Sam, it may not be that easy. Whoever tipped off this guy had
reasons for doing it. If it’s about the hearings…"
" CJ, I understand the potential difficulties involved, and I’m
telling you that you’ll have the information you want by this evening", Sam stated with absolute certainty.
CJ nodded, and was almost out the door before Sam called her back.
" CJ…"
" Yeah?"
" How’d they take the news?"
" Josh was pissed, Donna was upset, but trying to cover it", CJ
replied, knowing that the last thing Sam wanted her to do was sugar-coat things.
" Okay."
" Sam…they don’t blame you. It just happened. Things like this happen.
They know that."
" Yeah", Sam replied, curtly.
" Sam- don’t take responsibility for this. You don’t own this", CJ
tried, but soon saw that her comments were falling on deaf ears.
" Sure I do. I’ll talk to you later, CJ", Sam replied, effectively
dismissing her, and any further argument on the subject.
She took one last look at him, and sighing she left his office, closing
the door. She hadn’t got too far down the hallway before she heard the
distinctive bang of someone’s hand connecting with the wall of his
office.
She didn’t have to turn around to know where the sound came from.
Sam stood by the door for a moment, rubbing his sore knuckles, and
thinking that someone who writes for a living really should find a
better way to vent their anger. Maybe he should get a punching bag and hang it in his office. ‘That would certainly macho-up my image’, he thought with grim humor.
Once he was done (for the moment) with punishing himself, he thought
over what he really needed to be doing. Walking back to his desk, he flipped through his Rolodex until he came to the number he was searching for. Emily Banks- Banks Edibles. Taking a deep, steadying breath, he picked up the phone and dialed the number. Sam arranged to meet her in her office. She luckily had the afternoon free, and told him to come over whenever it was convenient for him. He told her he’d be there in fifteen minutes.
Emily Banks was a petite woman, in her late thirties with an engaging
smile, and a warm and energetic personality. Sam had met her through
mutual friends shortly after he had moved to D.C, and had taken an instant liking to her. He had referred several friends and associates to her over the course of their friendship, and until now he had thought of her as highly professional and trustworthy.
" Sam, I was happy to hear from you. It’s been too long", Emily
stated with a warm smile, offering him a seat.
" Yes. The last time we had a chance to speak was in June. You
catered a dinner for me. Well, actually it was for a friend", he replied, and Emily noted that his smile seemed a trifle forced, and he had declined her offer to sit.
" Yes. That’s right."
" Emily, did you take care of all those arrangements yourself?"
" Was there a problem, Sam?"
" I’d just like to know. Did you take care of everything yourself?"
Sam asked, and the seriousness in his tone was unmistakable. Emily knew
that, while there may not have been a problem before, there certainly was now.
" No, Sam. Unfortunately, I did not take care of everything myself."
" Fine. Who else was involved?"
By the time they were done, some twenty minutes later, Sam didn’t
know whether to feel sorry for Emily, or place the blame for this whole mess squarely on her shoulders.
He was astounded by what she had told him. Not really the fact that
it had happened, but the fact that she didn’t feel it was information that she should possibly share with him. The fact that she had to fire an employee for selling information to the tabloids about a celebrity client. Compounded by the fact that this occurred right after she had taken care of Josh and Donna’s dinner, at his request, and the fact that this same employee was involved in both arrangements. He understood that hers was a business that sank or survived by reputation, but they were friends…at least he thought they were.
It was very late that evening by the time Josh was able to speak to
Sam. He had tried earlier in the day, but Sam had been out, and neither
Bonnie nor Ginger had a clue where to find him. Josh knew that Sam was
shouldering the blame for this mess, and he wished he knew of a way to get that idea out of his head. Sam wasn’t to blame, anymore than CJ was. He knew he shouldn’t have snapped at her about making sure Donna’s name didn’t get mentioned in connection with all this. He knew CJ would do that anyway. He was just so damn tired of all this mess. He was tired of constantly looking over his shoulder, monitoring his words, wondering who he could trust. He was tired of not being able to kiss Donna goodnight as they were getting into their cars at the end of the evening for fear someone would see them. In a way, he now knew how Sam had felt last year when he couldn’t go to Laurie’s graduation. It was different, and yet the same. Sam was trying to be supportive and loyal to a friend. There was nothing sleazy about it. So, Sam did as he was asked, and he missed seeing his friend graduate from law school, which regardless of how she got herself through law school, was
a big deal. Maybe, because of the way she got herself thorough, it was an especially big deal. He’s sure that Sam felt that he had let her down. Sam would feel that way. So, he arranged to meet her, and give her a graduation present. Perfectly innocent stuff. So, who would ever imagine that her friend would have set them up to get their picture taken by some sleazy tabloid creep, and have it splashed all over the place, lacing it with the worst kind of innuendo. Given all that, he knew that Sam , of all people, would never knowingly put him or Donna in a situation where the same sort of thing could happen to them.
Josh paused outside Sam’s door for a minute, and heard, of all
things, a ball bouncing against the wall. Leaning over, Josh peeked into Toby’s office just to make sure it wasn’t him doing the bouncing, and found Toby’s office unoccupied and dark. ‘This is definitely a bad sign’ Josh thought, ‘he’s indulging in Toby behavior’. Preparing himself for the worst, Josh knocked, and without waiting for permission, walked in.
" Hey, how’s it going?" he asked, dropping into the chair across
from Sam.
" I’ve had a peachy day. How about you?"
" Well, it’s been pretty boring. Just your average day in politics.
Overall, pretty tame stuff."
" Josh…look, about the story. I’m sorry ", Sam said, not really
feeling like beating around the bush. He knew why Josh had come to see him, and he wanted to get it over with.
" I’m sorry…maybe I misunderstood- were you the one that gave the
information to the reporter?" Josh asked, with mock surprise.
" No- but because of me, you were put in contact with someone who
did", Sam replied.
" Sam, did you have any reason to think that this friend of yours
would be anything less than professional and discreet?"
" No, but-"
" There is no but, Sam. Let this out of your teeth. You’re not
responsible. It happened. Stuff happens."
" Yeah- if you say so", Sam, replied not really giving much credence
to what Josh was saying.
"Donna doesn’t blame you either", Josh said, wanting Sam to be clear
on this fact too.
" Yeah…well, she hasn’t seen her picture in the paper yet, and even
if that doesn’t happen, this is going to snowball. You know that."
" So it gets out! I’m not ashamed of being involved with Donna. We
didn’t do anything wrong. We are two consenting adults, who have done nothing illegal, immoral, or unprofessional. The timing sucks, but so what? If it becomes a thing, we’ll deal with it."
" Okay, but…"
" Sam, what did I say? There are no buts. What you did for Donna and me
that night- the push you gave me to finally act on my feelings- that far outweighs any problems that may come from it. Let it go, man. Plus- I’ve got to say, it really bothers me that this has pushed you over the edge into indulging in Toby’s brooding behavior", Josh said, smiling at the end.
" Bouncing these balls is strangely relaxing…you should try it", Sam
replied, tossing one in the air and catching it, smiling just a little.
" It’s annoying. You both start doing it and it’s going to sound like
a racquetball court in here. Come on, let’s get out of here."
" What are we doing?"
" You and I are going to go get a drink, and CJ and Donna are coming
along to make sure that we behave."
" I don’t need anyone to moderate my alcohol content. You’re the one
with the delicate system", Sam replied, getting up from his chair and
grabbing his jacket.
" Donna’s going to pay for spreading that around one of these days",
Josh commented.
" I really doubt that. Besides, it’s not like she’s the only one
who’s ever noticed."
" You keep that up and we’ll name our first-born after CJ", Josh
teased, glad that Sam was shaking off his mood.
" Well in that case, you can drink with the best of them, Josh, and
you in no way have a delicate system."
" Let’s not go overboard, Sam."
" Just trying to be supportive…"
" Well, in that case- you’re buying", Josh replied with a grin.
" Hey, I thought you were taking me out- doesn’t that person usually
pay?"
" Consider this as a way to assuage your guilt", Josh offered.
" That was kind of sneaky of you, you know?"
" I’m a politician - sue me."
The four of them had a good time that night, although it took a while
for Sam to completely relax. Donna was the one who finally managed to
accomplish that, in typical Donna-like fashion. She just refused to let Sam be upset by the situation. Josh couldn’t help but think, as he watched her teasing Sam and discussing some weird book she had read with CJ, that he was an incredibly lucky man. He had great friends, and he was in love and loved by a phenomenal woman. Whatever came along with that was entirely worth it.
************************************************
Donna looked at her calendar with a sense of dread. Tomorrow it was her turn to give a deposition in front of the Special Prosecutor. With a sigh of resignation, she closed the book and set it aside.
" Hey, what's up?" Josh asked, appearing at her side.
" Good grief, Josh! Don’t sneak up on me like that."
" What? You've been doing it to me for years...I guess I'm developing some stealth of my own" , Josh replied with a teasing smirk.
" No, you just got lucky- this once. Don't let it go to your head."
" What's wrong with you?" Josh asked, realizing this wasn't their usual banter. She was upset about something.
" Nothing."
" You're lying. I can always tell."
" You can hardly ever tell", Donna responded.
" Can too."
" Can n- . Josh, can we possibly continue this grammar-school level debate later. I have many, many things to do and I'm sure you're supposed to be doing something useful too."
" Aren't you Miss Snappy- I'll stop bugging you, if you tell me what's got you all riled up", Josh offered.
" Riled up? Have you been watching old John Wayne movies again?"
" Hey, don't make fun of 'the Duke'. Now, stop trying to divert my attention, and answer me. What's bugging you?"
Donna didn't say anything for a few moments. She didn't want to think about the deposition right now, much less have a conversation with Josh about it. She realized that neither he, nor it, was going away...so she might as well face it.
" My deposition's tomorrow", she said in a quiet voice.
"That's tomorrow?"
" Yeah."
" Look- it'll be fine. You'll do great", he assured her.
" Yeah."
" You're not worried, are you?"
" Well, it's not exactly traffic court, Josh."
" Look, just answer what they ask as honestly as you can. Answer only what they ask, and don't let them get to you."
" You don't really think it's going to be that easy, do you?" Donna asked, the skepticism in her tone hard to miss.
" No, but it sounded good, didn't it?" Josh replied with a little smile that she knew was solely for her benefit.
" You really know how to buck a girl up there, Josh" , Donna replied, with a little smile of her own.
He leaned in a little closer, and said, " Well, if you come over tonight, I'll see what I can do to improve on my previous effort."
The temptation to say yes was very strong, but no matter how tough it was, one of them needed to remember the rules.
" No way, Josh."
" Come on...I'll promise to relax you so effectively that you'll be able to face whatever comes tomorrow with no problem at all", Josh promised with that grin that always managed to get him what he wanted.
'Not this time, mister', Donna thought.
" You know the rules, Josh. No funny business until after I give my deposition."
" I'm getting really tired of the rules. Did I mention that?" Josh said in an exasperated tone.
" Are you tired of having your head attached to the rest of your body? Cause, I guarantee that CJ will be more than happy to take care of that for you if we do something stupid before I have to testify."
" I’m not scared of CJ", he assured her.
" Sure you aren’t", she retorted, rolling her eyes.
" I’m not!"
" Whatever. Okay, just forget about CJ- I said no."
" Okay…I just thought…", he trailed off with a sigh.
‘Oh God’, thought Donna, ‘ here come the big guns-the puppy dog eyes and the disappointed voice- that’s just dirty pool.’
"Josh- it’s not that I don’t want to. It’s just that we have to be careful. What with the tabloid thing, and everyone watching all of us…I just don’t want to risk everything by being foolish."
" You’re right. Its just…"
" You miss me. I feel the same way. Listen, that movie we both like- ’The Thin Man’ is coming on tonight. I’ll call you when it starts and we’ll watch it together, and talk. It’ll be just like I was there", Donna offered.
" It really won’t."
" Well, it’s the best I can offer right now. Take it or leave it", she replied, knowing that if she showed any weakening of her resolve, Josh would pounce on it.
" I’ll take it. But it’s not the same when you’re not there", he said, trying one last time to work his particular brand of charm. Donna decided go back to the pile of work on her desk and ignore his last ditch effort to change her mind. When he continued to linger by her desk she turned to him, with an impatient sigh.
" Josh…"
"Yeah?"
" You have a meeting with Leo in about…two minutes", she said, glancing at her watch then back at Josh. All traces of ‘girlfriend Donna’ were gone. They had been replaced by ‘assistant Donna’. He let out a defeated sigh and replied, " Okay, I’m going now."
Josh left, and Donna buried herself in her work, wishing - not for the first time this week- that all of this would just go away for awhile. The tabloid thing was still hanging over them, and they had these depositions to get through, not to mention the constant op-ed pieces in the paper about the President. All of it was making everyone around her- senior staff and assistants alike- nervous and stressed. She would be so glad when things were back to normal- or at the very least- normal for the White House.
Josh walked into Leo’s office, part of his mind still on Donna and the thought of her having to testify tomorrow. They both needed a break from all this crap. ‘Hell, for that matter, everyone does. From the President on down,’ Josh thought, as he sat down across from Leo, waiting for him to finish his call. Leo hung up the phone, and turned his attention to Josh.
" Hey, I hear you got the latest report on the tobacco thing from Justice."
" Yeah. It’s still looking like an uphill battle", Josh replied, and Leo couldn’t help but notice how tired he looked just discussing it.
" We knew that from the beginning. Besides, when have you ever been one to shy away from a fight?"
" I know, Leo. It’s just all this other nonsense I’m having to deal with on top of it. I could have my head in the game a lot more if we didn’t have all this extra-curricular crap going on."
" That’s unavoidable, and you know it. "
" Yeah- still…"
" Speaking of extra-curricular nonsense- what’s this I hear about a tabloid article involving you and some little seduction scenario with some ‘mystery woman’?", Leo asked, leaning back in his chair, his arms crossed in front of him.
Josh had been waiting for this particular shoe to drop, and knew that he should have come to Leo to discuss it right after CJ told him about it. He told himself that the right time had never presented itself, but the truth was , he’d been avoiding this conversation like the plague.
" You heard about that, huh?"
Leo’s eyes narrowed dangerously on hearing Josh’s response, and he gave him one of those patented Leo McGarry looks that communicated without words how stupid it was to think anything got past him.
" Yeah. I heard about that. What I’d like to know is how much truth there is to it, and who the woman is?" Leo asked, his tone deceptively calm.
" It’s tabloid crap, Leo. It’s nothing."
" Josh- this is me, okay. I need the straight story, so don’t give me that line about it just being another tabloid story. What’s going on?"
Josh sat there for a moment, trying to figure out the best way possible to present this to Leo so that Leo wouldn’t feel compelled to kill him, or at the very least…fire him.
" Josh, I’m not getting any younger here…"
" Yeah- okay. Leo, the thing is there may be some kernel of truth to the story."
" Really?", Leo replied, his brow arching slightly, and a shadow of a smile curving the corners of his mouth. Josh imagined it was the same sort of smile a person would see on the face of a crocodile - right before he takes a big bite out of your ass.
" Uhmm- yeah."
" How big of a kernel, Josh?"
" It’s pretty much the truth- but not the way they make it sound."
" So, you’re telling me the essential facts are accurate, just not the angle? That’s what you’re telling me?"
Josh just sat there, a deer in the headlights look on his face, waiting for the big question. He knew Leo was on the verge of asking it again, and prolonging it really wasn’t going to make it any better. It was time to suck it up and just face the music.
" That’s right. You really think I’d pull anything sleazy or disrespectful with Donna, Leo?"
There. It was out there. He had said her name and at the same time let Leo know that this wasn’t some boss getting a quick lay from his assistant thing.
Leo just looked at him for the longest time, while Josh waited for the explosion. There was no explosion though, and wonder of wonders- that little smile that had been playing at the corners of his mouth quirked up, and there was a trace of laughter in voice when he replied, " No, I don’t imagine you would."
" Okay…what just happened here? Where’s the ‘Josh , how could you be so stupid as to get involved with your assistant?’ . Are you saying that you’re okay with this?" Josh was, to say the least, somewhat incredulous.
" Well, the timing stinks", Leo observed.
" I’ll say.."
" Do you love her?"
" Yeah…yeah, I do."
" Well, I wouldn’t call that stupid. I’d call that being pretty lucky", Leo observed, with a nostalgic smile.
" You’re not pissed?"
" Are you going to do something stupid that’s going to land your picture in the paper and add to my already over-burdened load of aggravation?" Leo asked.
" No…Donna won’t let me."
" Donna’s a smart girl."
" Yeah- she’s tough too."
" She’d have to be, to put up with you", Leo observed with a grin.
" Thanks for being okay with this, Leo", Josh stated, and Leo could tell how sincere he was, and how much his relationship with Donna meant to him.
" You’re welcome…just don’t do anything to make me regret it."
" I told you- Donna’s got you covered on that one."
" Good. If anyone can keep you out of trouble, it’s her. Go on, get out of here. I have work to do", Leo said, shooing him out.
When Josh was gone, Leo couldn’t help but smile to himself. All this time and they still didn’t know when they were telling him something he already knew. It was really kind of amazing, pretty funny, when you thought about it.
Later that evening….
"Hey Donna- guess what?", Josh asked, lying on his sofa watching "The Thin Man", talking on the phone to Donna, who was curled up on her sofa, doing the same.
" What?", she asked, as she put another spoonful of coffee crunch ice cream in her mouth.
" Are you eating ice cream?"
" Yes."
" No fair. I don’t have any ice cream."
" Josh- there’s this thing in your apartment- it’s called a refrigerator, and in the top part is a freezer. It’s that big rectangular shaped thing in your kitchen. If you go in there, and open the freezer part and look inside, I’m sure you’ll find some ice-cream."
" You’re a smart-ass, you know that?"
" There is life beyond take-out, Josh. You need to face that fact."
" Do you want to hear what I have to tell you, or not?"
" You’re the one that started whining about ice-cream."
" First off- I don’t whine. Second off all, according to Fitzgerald , ‘it takes a genius to whine appealingly.’"
" Well, first of all, F.Scott Fitzgerald drank quite a lot, and second- who say’s you are in any way appealing when you whine?"
" Fine. I won’t tell you my news."
" Josh, we both know you are going to, so stop beating around the bush and tell me."
Josh smiled in spite of himself. He should have known that wouldn’t work on Donna.
" Leo knows."
" What?" she exclaimed, nearly choking on her ice-cream.
" He knows."
" How much trouble are we in?" Donna asked, and Josh could hear the worry in her voice.
" None."
" Are you kidding me? He wasn’t upset?"
" Nope. It seems that he has boundless confidence in your ability to keep us out of trouble."
" You mean, keep you out of trouble."
" Isn’t that what I said?"
" Well, I’m glad. I was really worried about how he would react."
" I knew he’d be okay with it."
" Now who’s lying?"
" Okay…I was a little worried", he admitted.
There was a short break in the conversation, while they both watched Nick and Nora Charles banter their way through solving the mystery.
" I love this movie", Josh said, after a particularly amusing part.
" I know. Me too. They’re so funny. I just love the dialogue. It’s so witty and funny."
" Yeah- that’s Hollywood for you."
" What do you mean?"
" Aw, come on, Donna! I mean, really- who talks like that in real life?"
" Yeah, I guess you’re right.."
" Hey, hold on, okay? I’m going to go get some ice-cream."
"Okay. If you have any trouble locating the refrigerator, just yell out - or send up a flare or something."
" Smart-ass", Josh grumbled, as he got up and walked to the kitchen. The ice-cream was right there. Donna’s favorite ,of course. He fixed a bowl and then came back to the living room, picking up the phone as he plopped down on the sofa.
" I’m back. Hey, why is it the only ice-cream I have is your favorite?"
" Because I bought the ice-cream."
" You can’t buy my favorite , too"
" Why would I do that? Shush... It’s coming to the good part."
Josh smiled and thought that any time he spent with Donna was good. Even when she wasn’t beside him, she was always with him, and that was really the best part.
*******************************************************************
Donna sat on the grass near the Reflecting Pool and tried to think of a way she could have changed the events of the day.
She could have stayed in bed, her head safely beneath the covers, and never left her apartment. All things considered, that had never really been a feasible option.
She could have developed the art of prevarication a little better. But then, it really wasn’t in her nature to lie. At least not believably. Today certainly would bear witness to that fact.
All things considered, she really couldn’t figure out a way that she could have avoided what happened . No amount of planning or preparation could have prepared her for the utter ruthlessness of the attack. Yes, they worked her pretty good, and God only knew what the repercussions of her testimony would be.
First, they brought up the shooting, followed by Josh’s long period of recovery and the unusual schedule she kept between his office and his apartment during that time period. All the while, she kept wondering why they were covering all of that. What possible connection could exist between that and the Presidents health? Then the question came. The one question she didn’t foresee.
" Miss Moss, during December of last year, did you notice a marked change in Mr. Lyman’s behavior?"
Donna sat perfectly still, trying to school her expression into one of absolute calm, and neutrality.
" Could you explain what you mean by a change?" Donna asked, finally.
" Certainly. Did you notice any change in his temperament? A certain erratic element in his overall personality?"
" Well, no. What I mean to say is no one stays in one particular mood all the time. To my knowledge there was nothing erratic or unusual about his behavior", Donna replied, but thought to herself ‘Not to the casual observer anyway’.
" You’re sure about that, Miss Moss?"
" Yes."
" So, it isn’t an unusual occurrence for Mr. Lyman to raise his voice to the President in the Oval Office?"
" I’m not sure what you’re referring to?" Donna said, all the while the voice inside her head was screaming, ’Oh my God, how could he know about that?’
" I’m referring to an incident in December of last year where Mr. Lyman became quite agitated and quite vocal in the Oval Office. He was , in fact, yelling at the President."
Inwardly, Donna’s mind was raging at the implications of someone on the outside having this sort of information. It had to have come from someone in the Oval at the time, and since that had been Josh, Sam, Leo and the President, she discounted that notion immediately. The only other alternative was that it was someone in the outer office and, while possible, that was rather unlikely. Focusing on the fact that they were expecting some sort of response from her, Donna said the only thing that she could.
" I’m afraid I can neither confirm nor deny the incident you’re referring to. I’m rarely in the Oval Office when Mr. Lyman meets with the President."
" Fine. Let’s move on to the evening of the Congressional Christmas Party. You attended that event?"
" Yes."
" There was a concert that evening?"
" Yes. Yo Yo Ma played."
" Indeed. Did you notice anything suspicious or out of character about Mr. Lyman’s behavior that night?"
" No." ‘Okay, that was an out-right lie’, Donna thought.
" Are you sure, Miss Moss?"
" Yes, I’m sure."
" And, you have no knowledge of a meeting between Mr. Lyman and a psychologist from the American Trauma Victims Association on December twenty-fourth of last year."
" Since I schedule all of Mr. Lyman’s meetings, I’m sure I was aware of it", Donna answered smoothly. ’You need to try a little harder than that, if you want to actually catch me in a lie, Mr. Prosecutor’, she thought.
" Do you know what was discussed during the meeting?"
‘Okay, Donna- if you’re ever going to pick and choose your words carefully, now’s the time to do it’ she thought as she prepared her answer.
" I wasn’t present during the meeting."
" If I’m correct, the meeting lasted several hours?"
" Yes, I believe it did."
" And after he was done, Mr. Lyman didn’t discuss or give you notes on what was a rather lengthy meeting?"
" No, he didn’t ."
"Isn’t that unusual? You and Mr. Lyman work rather closely, if I’m not mistaken?"
" That’s true, but there are many instances when Mr. Lyman and I don’t discuss the subject matter of his meetings."
" Really?"
" Yes."
" Under what circumstances would Mr. Lyman not discuss something with an assistant whom he normally works very closely with?"
" For any number of reasons."
" Could you provide an example?"
" It could be a security clearance issue", Donna stated, latching onto the only reason that Josh didn’t tell her something- lately, at least.
" I see… Could you explain what security issues could be related to a meeting that Mr. Lyman had with a psychologist from an organization that deals with the psychological disorders associated with traumatic events?"
Donna was unable to keep the fury out of her eyes as she thought, ‘You bastard! You’re trying to make Josh look mentally unstable, and make the President look careless and inept for keeping him around!’
It was a struggle, but she kept her voice calm, and even.
" I wouldn’t have any idea."
" You have no idea why this meeting was conducted in such a way that you, Mr. Lyman’s trusted assistant, would have no idea as to the subject matter of the meeting?"
" That’s correct. As I’ve already stated, there are some instances when Mr. Lyman isn’t free to, or doesn’t feel the need to share information collected or matters discussed with me. "
" Does this happen often?"
" No, not often."
" Would it be fair to say it’s a fairly rare occurrence?"
" I’m not sure I’d characterize it that way, but I suppose so."
" A simple yes or no, please."
" Yes."
" Yes, it’s extremely rare?"
" Yes."
" Did you ever ask Mr. Lyman about the nature of the meeting?"
" No."
"Did you escort Mr. Lyman to the emergency room on the night of December twenty-fourth of last year?"
" Yes."
" Why was that?"
" Could you clarify your question, please? I’m not exactly sure what it is you’re asking."
" Why did you take Mr. Lyman to the emergency room?"
" He injured his hand. I persuaded him to have it looked at."
" He needed persuasion? Why?"
" I’m sure that you remember that Mr. Lyman was seriously injured last year during an attempt on the President’s life. In fact, he was so seriously injured while in the service of his country that he almost died, and was forced to endure a rather lengthy hospital stay. I would imagine after surviving something of that nature that any of us would have a rather understandable aversion to hospitals."
" Yes, indeed…That was a rather traumatic event that Mr. Lyman endured."
Donna almost choked in the face of his fake sympathetic tone. At the same time , she was cursing herself for her stupidity. She had just helped him to link Josh’s name and the word trauma together. After his earlier mention of ATVA, and psychological disorders, she was sure it was done intentionally. She was now sure that her earlier assumption about this man using Josh to cast aspersions on the President’s judgment were correct, and she has just unwittingly helped him accomplish that.
" Thank you, Miss Moss. Those are all the questions we have for you at this time."
Summarily excused, Donna left the room, the same words repeating over and over in her mind - ‘What have I done?’…
When she left the building after giving her deposition, Donna couldn’t face the thought of going directly back to the office. She couldn’t believe how successfully she had been maneuvered into giving them what they wanted. Was she really so transparent that it was obvious what buttons could be pushed to make her lose her composure? That’s what had happened too. He had played on her fierce loyalty to Josh, in order to make her just careless enough to provide him with the opening he needed.
Continuing to chastise herself, she walked with no real destination in mind, but she wasn’t surprised when she ended up near the Reflecting Pool. Of all the places in Washington, it was the perfect one for contemplation. She picked a spot about halfway between the Lincoln Memorial and the Washington Monument and sat, watching the sun dance across the water. She thought of the last time she had been here. It was late one evening in April, not too long after she and Josh had gone out for their ’non-anniversary’ dinner. She had sat and wondered if there would be a time that they would be able to sort out their rather complicated feelings for each other. She hadn’t come up with any real answers that evening, but fate, with a little help from Sam, had stepped in , and they finally got around to it. Now she wondered if fate hadn’t just been having a little fun with her, giving her a glimpse of how happy she could be with Josh, before circumstances came in and ruined it for her.
Rationally, she knew that Josh would never blame her for what happened today…but it would be there, between them, at least in her mind. She knew that when it came time for Josh to testify that they would use the things they had asked her today, building on the small chards of information she had given them. They would use it as a tool to make President Bartlet look inept, a man of poor judgment. They would take advantage of a moment when Josh had been at his most vulnerable and they would milk it for all it was worth. She ached with the absolute unfairness of it all. Two wonderful men who had done nothing but love and serve their country abused by people who’s main ambition was nothing more than to use one to destroy the other. It was not only criminal, it was obscene.
Donna had been sitting there for some time when a shadow fell over her. She inwardly groaned, thinking it was some tourist wanting to be chatty and friendly. At any other time, she would have been inclined to share her wealth of monument trivia…but not today. She kept her attention on the pool of water in front of her, studiously ignoring the presence of whoever it was nearby, hoping they would just move on, and leave her in peace. The shadow remained for some time, though, not moving, silent , until finally it unnerved her enough to cause her to turn around and see who was there. She was somewhat shocked to discover it was Toby standing behind her. His attention was directed at the Reflecting Pool as well, but when he noticed her looking at him with surprise, he turned his attention to her.
" What is it with you people who would rather lounge around in the grass, when there are places with tables and chairs nearby?"
" Are all native New Yorkers anti-nature, or is it just you?" Donna asked, countering his question with one of her own.
" Nature’s fine…in it’s place. I just don’t feel the need to wallow in it."
" Okay. Then what are you doing here?"
" I followed you ", Toby stated, simply.
" You followed me? Why?" Donna asked, unable o keep the surprise and shock out of her voice.
" Well…I saw you come out, after you gave your deposition and I thought you might need someone to talk to."
" Why didn’t you let me know you were there? Why follow me all the way here before you approached me?"
" You didn’t look like you were in any mood to talk", Toby observed.
" I’m still not", Donna stated, turning away from him.
" I think you are. I think you’ve been turning some things over in your head and you’ve made some assumptions that may not be true."
" What makes you say that?" Donna asked, intrigued.
" I have a pretty good idea of what they asked you, and my guess is that you think you did some sort of damage to Josh or the President or both. I’m also guessing that you feel an inappropriate sense of guilt because of it", Toby stated and Donna had the eerie sensation of having had her mind read. She knew Toby was far more perceptive than people gave him credit for, but it was incredibly disconcerting to have someone who you weren’t especially close to, read you so well.
" I can’t discuss any of that, and you know it."
" I’m not asking you. All I’m doing is making certain observations based on some fairly educated assumptions. So, let’s say that you were asked about Josh’s meeting with the guy from ATVA. I’m assuming that you skirted around that pretty well. Then you were probably asked about Josh’s problems around Christmas- the thing with the President, the trip to the emergency room…"
Donna turned to look at Toby and the sharp look in her eyes wasn’t lost on him.
" Donna, I was there that night. I know what Josh went through. You were the only one smart enough to do anything about it."
" I took him to the doctor, Toby. That’s all", Donna said, looking away from him again.
" You did a lot more than that. He’s better now in a large part because of you."
" He did it on his own, Toby."
" I don’t think so, but if that’s the way you want it. The point is - he is on the other side of it now. He can handle this stuff, and you don’t need to worry about that."
" He doesn’t need to relive it, Toby- and he doesn’t need to be used to hurt anyone else, because of it. Thanks to me, that may happen."
" You honestly think that they didn’t have the answers to the questions that they asked you before you walked in there? They already had their information." Toby was getting a little perturbed now, and Donna didn’t really think it was her he was agitated with.
" Yes, and now they have it on the record", Donna observed, stubbornly, her tone of matching Toby’s.
" So what? So what if they want to make an issue out of the hell Josh went through while in the service of his country? If they try to make Josh look weak, then we’ll show them just how strong he is for surviving. In the end, they’ll look foolish for trying to make a man who survived near death at the hands of racist extremists into a political punching bag!"
" You really think it will play that way, Toby?"
" Yes…yes, I do."
" At what cost to Josh?"
" Meaning?"
" Come on, Toby…you know the way things work in his town- you show your vulnerabilities and someone’s going to come along and exploit them. You know Josh’s reputation as well as I do. You think there aren’t more than a few people who would love to exploit a publicized weakness in him. They’d line up around the corner to do it, and you know it", Donna stated grimly.
" Well, we’ll just have to make sure that doesn’t happen."
" We?" Donna asked, arching her brow at him, and wondering exactly what he knew about her and Josh’s relationship.
" Yeah. Look- if we’re going to continue this, can we find a place that has tables and chairs and you know…no ants?"
" Well, I guess I really should get back to the office . Josh is probably going nuts trying to find something that’s right under his nose."
" I’d bet on that probability."
" Okay, let’s go", Donna said, standing up and brushing herself off.
" Good, cause I don’t normally like being outside for this long", Toby replied with a trace of a smile, as they walked back in the direction of the White House.
" You know, Toby, I’ve managed to encourage Josh to appreciate the finer points of nature. I bet I could do the same for you."
" I really don’t think so."
" Why not? "
" Because a man in love will do all sort of ridiculous things that another man won’t" Toby observed with a pointed look at Donna.
" I guess so" , Donna agreed with a slight smile of her own. She knew she shouldn’t be surprised by the fact that Toby knew what was going on between her and Josh. In a way, there was a certain odd symmetry to Toby finding her today. He had been the one to tell her about Josh, the night he was shot. He had been the one to explain about the President’s MS, mainly because Josh would need her. In his own quiet way he had acknowledged what was between them long before they had.
She decided to have faith in what Toby had said to her. Besides, she and Josh had decided to face whatever came, together, and that’s what they’d do. It was easier knowing that they had the support of their friends to help them along the way. In fact, the more she thought of that, the better she felt. They would all face what came, together. That was their strength.
The End…for now
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