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Title: Return and Rebuild the Desolate Places – Chapter Twelve
Author:
elrhiarhodan
Fandom: White Collar
Rating: R
Characters/Pairings: Peter Burke, Neal Caffrey, Elizabeth Burke, Mozzie, Reese Hughes, Clinton Jones, Diana Berrigan, Olivia Benson (L&O: SVU), Section Chief Bruce (McKinsey) Original Characters
Spoilers: White Collar, all of Season 5; no specific spoilers for L&O: SVU, but set in Season 15
Warnings/Enticements/Triggers: Kidnapping, torture (off-camera), rape (off-camera),
Word Count: This chapter – ~3400
Beta Credit:
coffeethyme4me,
miri_thompson,
sinfulslasher,
theatregirl7299
Story Summary: Six months after Neal disappears, Peter still has no answers and his decision not to go to Washington has had significant repercussions for both his career and his marriage.
Chapter Summary: Peter asks Olivia for her help. The results are unclear, but Peter’s behavior is very telling.
__________________
Previous Chapters: Chapter One | Chapter Two | Chapter Three | Chapter Four | Chapter Five | Chapter Six | Chapter Seven | Chapter Eight | Chapter Nine | Chapter Ten | Chapter Eleven
A/N: Title from Alan Hovhaness’ wind concerto, which takes it from the Old Testament. New chapters will be posted to my LJ every Thursday and to the relevant communities on Fridays.
__________________
Sometime in Late January – Monday, Late Afternoon
The train ride back to D.C. wasn’t long enough. Hell, a cruise around the world in a sailboat wouldn’t be long enough to resolve the disaster that was now her marriage. And although she should be consumed by plans to fix it, Elizabeth couldn’t stop thinking about Neal and the terrible pain he was in.
“Do you know why Peter hasn’t been here? I haven’t seen him at all.
She’d thought that her husband would have been glued to Neal’s side. Yes, Peter told her that he was barred from seeing Neal until after he’d been interviewed by the police and the Justice Department, but Neal had said that those interviews were over. He told her that Diana and Clinton had been in to see him. But Peter hadn’t.
She couldn’t understand that, she didn’t know what it meant. But given Peter’s own pain, his rage, it couldn’t be good.
She pulled out her phone and deliberately not overthinking things, she called him. His cell phone went right to voice mail.
She didn’t leave a message.
:::::::::::::::::::::::::::::::::::::::::::::::
Olivia hated leaving Caffrey hanging like that. She’d specifically gone to see him to talk with him about Peter Burke, to tell him how the man had put his career on the line for him. Cragen would tell her it wasn’t her job and she was getting too emotionally invested, Elliot would say she was crazy to get between a Fed and a criminal, even if that criminal was a victim. But Elliot was gone from her life as if he’d never existed. Maybe that was why she felt so bad for Peter Burke. She knew too well what it was like to lose a partner and a friend.
And yet, when push came to shove, she’d said nothing to Neal. Maybe it was the utter anguish on his face when she’d walked in, maybe it was a shred of common sense, but she kept her mouth shut on the subject of Peter Burke.
This morning was an enlightening experience.
Burke had asked her to come over to the FBI offices – he needed her as backup when he spoke with the Justice Department. They were going to debate the disposition of Neal Caffrey, alleged fugitive.
After working in the controlled chaos of a busy police station for so long, the hush of the FBI offices was almost a shock. Every desk was filled, agents were as busy as her own cops, phones rang, but it was a completely different atmosphere. She’d never mistake any of the men and women here as mere paper pushers, but there was something a little too civilized for her tastes.
Waiting for the guard to clear her through, she looked around and recognized the two agents who had been with Burke on Sunday. They both approached.
“Peter told us to expect you. He’s not in the office, but he’ll be here soon.” The female agent, who introduced herself as Diana Berrigan, reminded her a little of herself in her younger days. “Thank you for – well – this. For everything. For taking care of Neal.”
Olivia shrugged off the woman’s gratitude. “You know Neal Caffrey well?”
“I was there, at the very beginning.” She pointed a thumb at the other agent, “So was Jones.”
That gave her a start. “Jones? Are you Clinton Jones?”
“Yeah, how did you know my name?”
“When I first spoke with Neal, he told me to ask for you. He said to tell you that ‘Danny Brooks hasn’t been living the dream.’ I told Agent Burke when I came here on Friday evening, but I don’t know if he passed that on to you.”
Agent Jones stuck his hands in his pockets and dropped his head, looking devastated. “I guess Caffrey must have asked for me because he didn’t know that Peter hadn’t gone to D.C.”
“Can I ask what he meant by ‘not living the dream’? It seems like a very specific message.”
“Ah, yeah. Neal and I had been drinking together one night a few years ago. My ex had come into town and things were complicated. Neal stopped by with a bottle of single malt and a friendly shoulder. We talked about what we wanted out of our lives. Neal said he wanted to have something meaningful to do, to never have to worry about money. I teased him – said that he was already living the dream, with a damned tracking anklet.” Jones let out a deep, almost mournful sigh. “I guess that was his way of telling me that he hadn’t run.”
Olivia had to ask, “Did you think he had?”
“It crossed my mind. He’d run before, but this time running wouldn’t have made any sense, not with so little of his sentence left. Things had been a little strange with him and Peter for a while, but everything had settled down. Before Neal had asked him to get the rest of his sentence commuted, Peter had told me that I’d probably step in as his handler for the last year of his sentence. Was kind of looking forward to it, too. It might have made my career. Or broken it to pieces.”
Given what she’d already seen, it didn’t surprise Olivia that Neal had become close enough to an FBI agent to go to his home and drink with him. She had a dozen other questions, at least, but Peter Burke came in, looking like hell on wheels. He saw her and stopped short.
“Olivia, thanks – appreciate you coming here.” He sighed and looked at Berrigan and Jones. “I don’t think I can bring you into this. It might be – no, it will be – a blood bath, and you’re both better off staying out of it.”
Berrigan wasn’t put off. “We’ve been through worse, boss. Remember the mess with the Russian Heritage Museum?”
Peter gave the agent a wry smile. “Oh, I think cleaning up after Neal is going to be a cakewalk compared to cleaning up after me when this is all said and done.”
Of course Olivia had no idea what had gone on at the Russian Heritage Museum, but the worried look that Berrigan gave Peter at his quip was disconcerting.
He didn’t give her time to ask questions. “Come on – I’ve got to brief you.” He bounded up the stairs to his office, not even checking to see if she followed. Jones shook his head, clearly accustomed to his boss’ behavior.
She barely got the door closed behind her when Burke handed her a file. “Read quickly, the Justice Department will be here in about – ” He checked his watch, “Forty minutes.”
“What is this?”
“The highlights of Neal Caffrey’s career as a confidential informant for the Bureau. Basically, his ‘greatest hits’.”
Olivia flipped through the folder, wondering just what she’d stepped into.
“Read.” Burke’s command irritated her and she looked up, ready to tell him she wasn’t his lackey, but the haunted expression on his face stopped her. She turned her attention to the file and was immediately riveted. It was like a bestseller, the kind you’d read and enjoy and leave behind in the seat pocket. Kidnappings, bank robberies, industrial espionage, corrupt politicians, corrupt judges. During his three years as a CI, Caffrey had been assaulted, kidnapped, beaten, shot at, had his life put in jeopardy dozens of times. He was put into the middle of high-stakes operations with no training and saved the lives of agents and civilians on numerous occasions, often without any backup.
She had to ask, though, “What about the ones that went south? The operations that weren’t successful?”
Burke chuckled. “There weren’t many. Our conviction rate was ninety-three percent. I think the seven percent delta was due to the incompetence of the prosecution.”
“You’ve got to be kidding me. No one is that perfect.”
The man shrugged. “We were pretty damn close. That’s why they wouldn’t let go of him. Why – even now, after everything Neal’s been through – they think that they can still use him.”
There was so much rage in Burke’s voice that the hair stood up on the back of her neck. He reminded her of Elliot during his darker moments, when he was one step from shattering the world around him.
“What will you do if they insist on keeping him to the letter of his parole agreement?”
Burke was saved from answering when his phone rang. It seemed that the Justice Department representatives were here. He stood up and motioned for her to come with him. “Time for the next act in this farce.”
Three people were brought into the conference room and introductions were made. In addition to Peter’s boss, there were two attorneys from the Department of Justice, apparently up from D.C. She was surprised that these weren’t ordinary staff members from the U.S. Attorney’s office. Carla Wang was sent by the U.S. Parole Commission’s general counsel’s office, and Adam Harper reported directly to the U.S. Attorney General, himself. The Feds were bringing a hell of a lot of firepower to bear.
Instead of deferring to his superior, Burke took the head of the table, intent on controlling the meeting. Olivia had to wonder how effective he’d be, given how little control he had over his temper. However, Burke managed to present, if not an amiable front, a cordial one – at least for the moment. “Shall we get started?”
Any hopes that she had for a reasonable outcome were in vain. The DOJ team seemed as bullheaded on the subject of Caffrey’s early release as Peter was on his position that Neal deserved every single consideration.
Carla Wang tapped her pen against a file, looking thoroughly annoyed. “I don’t know why we’re even here. Neal Caffrey is a criminal convicted in Federal Court in 2005. He doesn’t get parole. Full stop, end of story.”
Burke exploded at the woman. “Seriously? Seriously? That’s it? That’s your argument? He doesn’t get any consideration simply because Federal parole was abolished in 1987? Have you even read Caffrey’s record? Do you know how many times he risked his life? How many lives he’s saved? How many cases this office closed because of his information and his assistance?”
Wang didn’t seem to care. “We’ve heard all about Caffrey’s record, Agent Burke. I personally spoke with Phillip Kramer before making this trip. He had a lot to tell me about how chummy you and Caffrey were. And I suppose you’ll say that they’re all lies, that Kramer had a vendetta against you and Caffrey and is doing everything he can to smear your record.”
Burke didn’t rage or deny anything. He laughed, instead. “Ah, Philip Kramer, my former mentor. He would have a few uncomplimentary things to say about Neal. And me. Not without reason. Philip Kramer’s at the end of a long and distinguished career. He wanted Neal in D.C. as his CI, to help polish his legacy. Neal wasn’t interested in working for Kramer and I wasn’t interested in helping Kramer violate Neal’s civil rights. ”
That got the attention of the AG’s representative, Harper. “What do you mean by that?”
“Agent Kramer had every intention of keeping Neal on a leash for years, well past his actual sentence. He wasn’t shy about his plans on using every trumped up excuse to extend Neal’s probation, tacking years on however he could. Neal got wind of that – it was why he ran. A bit shortsighted, but in an interesting twist of events, Neal helped capture one of the FBI’s Most Wanted. Robert MacLeish, remember him?”
Olivia watched the by-play between Peter and the Feds – she couldn’t seem to count the FBI agent as one of them – they served, he volleyed and the arguments went back and forth, getting more and more heated. The section chief, Bruce McKinsey, stayed quiet and she wasn’t sure which side he was going to come down on.
Taking advantage of a break in the ‘discussion’, Olivia asked, “Isn’t it customary for confidential informants to receive some form of consideration for their assistance?”
Wang responded, “He was paid.”
And Burke was quick to chime in, “Neal was given a seven-hundred dollar a month stipend for his housing. That was it.”
Olivia clarified, “That’s not what I’m asking. I’ve worked with incarcerated felons to help close cases. They don’t cooperate from the goodness of their hearts. There’s usually some quid pro quo – a few months, or even years, off their sentences for their help.”
Wang replied, “Caffrey was out of prison, on a GPS tracker.”
“That may be, but given the scope of his assistance, I’d think that he’d merit some greater consideration.” Olivia made a show of looking through the file that Peter had given her, “I see that he was once considered a candidate for a complete commutation.”
“And look how that turned out – he cut his tracker and ran before the Board could make a decision.”
“Only because Philip Kramer was going to arrest him immediately afterwards on a trumped up disturbing the peace charge that he didn’t even have jurisdiction to pursue,” Burke snarled, and that drew a startled look from his boss.
Olivia didn’t know what was going on, but she had the feeling that Peter might just have stepped into a pile of something unpleasant. She did her best to turn everyone’s attention away from that. “Regardless, his record is pretty damn impressive, CI or not. And CIs are generally not expected to have their lives threatened. Repeatedly. I believe Caffrey has been put into physical jeopardy on numerous occasions, from his earliest assignment with the FBI. According to the files, Neal Caffrey was shot in the retrieval of a historically significant Bible. He was abducted, Tasered and beaten – but was ultimately responsible for the successful recovery of a kidnap victim. And one thing I found truly fascinating about that case – the FBI had pulled his tracker. He could have simply disappeared. Instead, he met with a man who wanted him dead so he could save the kidnapped girl. A few months after that, he was nearly murdered with a high-powered bow and arrow during the takedown of the head of a corrupt private security firm. The list goes on and on – and at no point was Neal Caffrey offered anything more than a handshake and a thank-you for a job well done.”
Wang gave her a sharp look, “And how do you know all of these details, Sergeant Benson?”
“Mr. Caffrey is the victim of a violent crime and given his history with law enforcement, one of the first avenues of investigation are the people he’s helped put away. I asked Agent Burke for a summary to assist me, and he was kind enough to provide it.” Olivia held up the folder. “My point is that after three-plus years of assisting law enforcement and repeatedly getting put into life-threatening situations, most CIs in his position would have long earned off their sentence.”
Harper, the representation from the Attorney General, sighed. “We’re not unsympathetic, but you have to understand the Government’s position here.”
From the corner of her eye, Olivia could see Burke winding up for another argument. His tone was cutting, “Which is? Let’s be clear, shall we?”
“The Justice Department can ill-afford to be lax with criminals. Commuting Neal Caffrey’s sentence, just so he can go on another crime spree, would be a nightmare.”
Before Peter could jump on that statement, Olivia said, “Neal Caffrey is in no condition to do anything. Legal or otherwise. He has a very long convalescence ahead of him – months, if not years, and that’s just from the physical abuse. Who knows if he’ll ever recover psychologically? There are no crime sprees in that man’s future, Ms. Wang, Mr. Harper.”
Wang, who seemed intent on being the villain, flippantly commented, “Well, then he’ll be remanded to custody and spend the rest of his sentence in a penal hospital facility. If he’s no use to the FBI in his condition, he’ll serve out the balance of his sentence where he belongs. In prison.”
Burke exploded out of his chair. “Over my dead body.”
McKinsey tried to caution him, “Peter – watch yourself.”
“No, Bruce, just no. I’m tired of ‘watching myself’. I’m tired of being the good soldier and playing by the rules while other people just don’t give a damn. The Federal Government’s been using Neal Caffrey like he’s commodity. Three years ago, I was right there with you when Neal got tossed back in prison after watching his girlfriend get blown to bits. I didn’t argue, even though an OPR agent was up to his neck in that mess –”
Wang noted, “That would be Garrett Fowler, the man you shot?”
“He was wearing a vest.” Burke tossed that off, as if it was the perfect excuse for shooting the man. “And that has nothing to do with the fact that the DOJ swept his involvement with the death of Kate Moreau under the rug.”
Olivia had no clue what was going on, but it was fascinating.
Harper commented, “Garrett Fowler’s serving twenty years for murder.”
“For the murder of the man who killed his wife, a crime that had nothing to do with his actions as an OPR agent. He was never charged with the illegal purchase of explosives or with corruption in the official pursuit of his duties. And you’re ignoring the fact that Neal was instrumental in capturing him.”
Wang countered, “I read your report on what happened at the Russian Heritage Museum – it’s got more holes than a wheel of Swiss cheese. Caffrey’s involvement in the apprehension of Fowler is suspect, and somehow I don’t think your report will stand up to closer scrutiny.”
“People, please – this arguing isn’t doing anyone any good.” McKinsey was playing peacemaker now. “We’re not here to dig through ancient history. Sergeant Benson’s raised a good point about Caffrey. Other felons, ones far less useful to the Bureau and ones who’ve been a hell of a lot more troublesome, have had their sentences substantially reduced for their cooperation.”
“And they’ve ended up committing crimes that have blackened the Government’s eye.” Wang remained adamant.
“So, this is all just an exercise in image control?” Burke looked ready to explode again. “It’s about good PR and making the DOJ look tough on crime? What about fairness? When did you forget that it's supposed to be ‘liberty and justice for all’? When did those words become just a meaningless parody? What you're doing to Neal Caffrey has nothing to do with liberty and makes a mockery of justice. You should be ashamed of yourselves.”
No one seemed to have anything to add. The attorneys muttered something about needing to consult with others before making a decision and left. Olivia wasn’t sure what to do, if there was anything she could do at this point. She should probably head back to the precinct; it wasn’t as if Caffrey was the only case on the board.
But the show wasn’t over yet. She made her own excuses and left Burke and his boss in the conference room. And then made the mistake of looking back. Burke was arguing – which was not at all surprising. McKinsey just stood there, letting Peter blow off steam. It was only when his hand reached for the badge on his belt that the Section Chief intervened.
Whatever he said seemed to have penetrated, because Burke stopped short of taking his badge off and he collapsed into a chair.
Someone sighed in relief. It was Agent Jones, who’d been watching just as intently. “I’ve always been afraid it might come to this.” It sounded like the man thought Burke’s resignation was inevitable.
“I thought you said you wanted to be Caffrey’s handler?”
“Yeah, there’s no reward without risk – but still…”
Olivia understood everything the man wasn’t saying.
TO BE CONTINUED
Go to Chapter Thirteen
Author:
![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
Fandom: White Collar
Rating: R
Characters/Pairings: Peter Burke, Neal Caffrey, Elizabeth Burke, Mozzie, Reese Hughes, Clinton Jones, Diana Berrigan, Olivia Benson (L&O: SVU), Section Chief Bruce (McKinsey) Original Characters
Spoilers: White Collar, all of Season 5; no specific spoilers for L&O: SVU, but set in Season 15
Warnings/Enticements/Triggers: Kidnapping, torture (off-camera), rape (off-camera),
Word Count: This chapter – ~3400
Beta Credit:
![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
Story Summary: Six months after Neal disappears, Peter still has no answers and his decision not to go to Washington has had significant repercussions for both his career and his marriage.
Chapter Summary: Peter asks Olivia for her help. The results are unclear, but Peter’s behavior is very telling.
Previous Chapters: Chapter One | Chapter Two | Chapter Three | Chapter Four | Chapter Five | Chapter Six | Chapter Seven | Chapter Eight | Chapter Nine | Chapter Ten | Chapter Eleven
A/N: Title from Alan Hovhaness’ wind concerto, which takes it from the Old Testament. New chapters will be posted to my LJ every Thursday and to the relevant communities on Fridays.
Sometime in Late January – Monday, Late Afternoon
The train ride back to D.C. wasn’t long enough. Hell, a cruise around the world in a sailboat wouldn’t be long enough to resolve the disaster that was now her marriage. And although she should be consumed by plans to fix it, Elizabeth couldn’t stop thinking about Neal and the terrible pain he was in.
“Do you know why Peter hasn’t been here? I haven’t seen him at all.
She’d thought that her husband would have been glued to Neal’s side. Yes, Peter told her that he was barred from seeing Neal until after he’d been interviewed by the police and the Justice Department, but Neal had said that those interviews were over. He told her that Diana and Clinton had been in to see him. But Peter hadn’t.
She couldn’t understand that, she didn’t know what it meant. But given Peter’s own pain, his rage, it couldn’t be good.
She pulled out her phone and deliberately not overthinking things, she called him. His cell phone went right to voice mail.
She didn’t leave a message.
Olivia hated leaving Caffrey hanging like that. She’d specifically gone to see him to talk with him about Peter Burke, to tell him how the man had put his career on the line for him. Cragen would tell her it wasn’t her job and she was getting too emotionally invested, Elliot would say she was crazy to get between a Fed and a criminal, even if that criminal was a victim. But Elliot was gone from her life as if he’d never existed. Maybe that was why she felt so bad for Peter Burke. She knew too well what it was like to lose a partner and a friend.
And yet, when push came to shove, she’d said nothing to Neal. Maybe it was the utter anguish on his face when she’d walked in, maybe it was a shred of common sense, but she kept her mouth shut on the subject of Peter Burke.
This morning was an enlightening experience.
Burke had asked her to come over to the FBI offices – he needed her as backup when he spoke with the Justice Department. They were going to debate the disposition of Neal Caffrey, alleged fugitive.
After working in the controlled chaos of a busy police station for so long, the hush of the FBI offices was almost a shock. Every desk was filled, agents were as busy as her own cops, phones rang, but it was a completely different atmosphere. She’d never mistake any of the men and women here as mere paper pushers, but there was something a little too civilized for her tastes.
Waiting for the guard to clear her through, she looked around and recognized the two agents who had been with Burke on Sunday. They both approached.
“Peter told us to expect you. He’s not in the office, but he’ll be here soon.” The female agent, who introduced herself as Diana Berrigan, reminded her a little of herself in her younger days. “Thank you for – well – this. For everything. For taking care of Neal.”
Olivia shrugged off the woman’s gratitude. “You know Neal Caffrey well?”
“I was there, at the very beginning.” She pointed a thumb at the other agent, “So was Jones.”
That gave her a start. “Jones? Are you Clinton Jones?”
“Yeah, how did you know my name?”
“When I first spoke with Neal, he told me to ask for you. He said to tell you that ‘Danny Brooks hasn’t been living the dream.’ I told Agent Burke when I came here on Friday evening, but I don’t know if he passed that on to you.”
Agent Jones stuck his hands in his pockets and dropped his head, looking devastated. “I guess Caffrey must have asked for me because he didn’t know that Peter hadn’t gone to D.C.”
“Can I ask what he meant by ‘not living the dream’? It seems like a very specific message.”
“Ah, yeah. Neal and I had been drinking together one night a few years ago. My ex had come into town and things were complicated. Neal stopped by with a bottle of single malt and a friendly shoulder. We talked about what we wanted out of our lives. Neal said he wanted to have something meaningful to do, to never have to worry about money. I teased him – said that he was already living the dream, with a damned tracking anklet.” Jones let out a deep, almost mournful sigh. “I guess that was his way of telling me that he hadn’t run.”
Olivia had to ask, “Did you think he had?”
“It crossed my mind. He’d run before, but this time running wouldn’t have made any sense, not with so little of his sentence left. Things had been a little strange with him and Peter for a while, but everything had settled down. Before Neal had asked him to get the rest of his sentence commuted, Peter had told me that I’d probably step in as his handler for the last year of his sentence. Was kind of looking forward to it, too. It might have made my career. Or broken it to pieces.”
Given what she’d already seen, it didn’t surprise Olivia that Neal had become close enough to an FBI agent to go to his home and drink with him. She had a dozen other questions, at least, but Peter Burke came in, looking like hell on wheels. He saw her and stopped short.
“Olivia, thanks – appreciate you coming here.” He sighed and looked at Berrigan and Jones. “I don’t think I can bring you into this. It might be – no, it will be – a blood bath, and you’re both better off staying out of it.”
Berrigan wasn’t put off. “We’ve been through worse, boss. Remember the mess with the Russian Heritage Museum?”
Peter gave the agent a wry smile. “Oh, I think cleaning up after Neal is going to be a cakewalk compared to cleaning up after me when this is all said and done.”
Of course Olivia had no idea what had gone on at the Russian Heritage Museum, but the worried look that Berrigan gave Peter at his quip was disconcerting.
He didn’t give her time to ask questions. “Come on – I’ve got to brief you.” He bounded up the stairs to his office, not even checking to see if she followed. Jones shook his head, clearly accustomed to his boss’ behavior.
She barely got the door closed behind her when Burke handed her a file. “Read quickly, the Justice Department will be here in about – ” He checked his watch, “Forty minutes.”
“What is this?”
“The highlights of Neal Caffrey’s career as a confidential informant for the Bureau. Basically, his ‘greatest hits’.”
Olivia flipped through the folder, wondering just what she’d stepped into.
“Read.” Burke’s command irritated her and she looked up, ready to tell him she wasn’t his lackey, but the haunted expression on his face stopped her. She turned her attention to the file and was immediately riveted. It was like a bestseller, the kind you’d read and enjoy and leave behind in the seat pocket. Kidnappings, bank robberies, industrial espionage, corrupt politicians, corrupt judges. During his three years as a CI, Caffrey had been assaulted, kidnapped, beaten, shot at, had his life put in jeopardy dozens of times. He was put into the middle of high-stakes operations with no training and saved the lives of agents and civilians on numerous occasions, often without any backup.
She had to ask, though, “What about the ones that went south? The operations that weren’t successful?”
Burke chuckled. “There weren’t many. Our conviction rate was ninety-three percent. I think the seven percent delta was due to the incompetence of the prosecution.”
“You’ve got to be kidding me. No one is that perfect.”
The man shrugged. “We were pretty damn close. That’s why they wouldn’t let go of him. Why – even now, after everything Neal’s been through – they think that they can still use him.”
There was so much rage in Burke’s voice that the hair stood up on the back of her neck. He reminded her of Elliot during his darker moments, when he was one step from shattering the world around him.
“What will you do if they insist on keeping him to the letter of his parole agreement?”
Burke was saved from answering when his phone rang. It seemed that the Justice Department representatives were here. He stood up and motioned for her to come with him. “Time for the next act in this farce.”
Three people were brought into the conference room and introductions were made. In addition to Peter’s boss, there were two attorneys from the Department of Justice, apparently up from D.C. She was surprised that these weren’t ordinary staff members from the U.S. Attorney’s office. Carla Wang was sent by the U.S. Parole Commission’s general counsel’s office, and Adam Harper reported directly to the U.S. Attorney General, himself. The Feds were bringing a hell of a lot of firepower to bear.
Instead of deferring to his superior, Burke took the head of the table, intent on controlling the meeting. Olivia had to wonder how effective he’d be, given how little control he had over his temper. However, Burke managed to present, if not an amiable front, a cordial one – at least for the moment. “Shall we get started?”
Any hopes that she had for a reasonable outcome were in vain. The DOJ team seemed as bullheaded on the subject of Caffrey’s early release as Peter was on his position that Neal deserved every single consideration.
Carla Wang tapped her pen against a file, looking thoroughly annoyed. “I don’t know why we’re even here. Neal Caffrey is a criminal convicted in Federal Court in 2005. He doesn’t get parole. Full stop, end of story.”
Burke exploded at the woman. “Seriously? Seriously? That’s it? That’s your argument? He doesn’t get any consideration simply because Federal parole was abolished in 1987? Have you even read Caffrey’s record? Do you know how many times he risked his life? How many lives he’s saved? How many cases this office closed because of his information and his assistance?”
Wang didn’t seem to care. “We’ve heard all about Caffrey’s record, Agent Burke. I personally spoke with Phillip Kramer before making this trip. He had a lot to tell me about how chummy you and Caffrey were. And I suppose you’ll say that they’re all lies, that Kramer had a vendetta against you and Caffrey and is doing everything he can to smear your record.”
Burke didn’t rage or deny anything. He laughed, instead. “Ah, Philip Kramer, my former mentor. He would have a few uncomplimentary things to say about Neal. And me. Not without reason. Philip Kramer’s at the end of a long and distinguished career. He wanted Neal in D.C. as his CI, to help polish his legacy. Neal wasn’t interested in working for Kramer and I wasn’t interested in helping Kramer violate Neal’s civil rights. ”
That got the attention of the AG’s representative, Harper. “What do you mean by that?”
“Agent Kramer had every intention of keeping Neal on a leash for years, well past his actual sentence. He wasn’t shy about his plans on using every trumped up excuse to extend Neal’s probation, tacking years on however he could. Neal got wind of that – it was why he ran. A bit shortsighted, but in an interesting twist of events, Neal helped capture one of the FBI’s Most Wanted. Robert MacLeish, remember him?”
Olivia watched the by-play between Peter and the Feds – she couldn’t seem to count the FBI agent as one of them – they served, he volleyed and the arguments went back and forth, getting more and more heated. The section chief, Bruce McKinsey, stayed quiet and she wasn’t sure which side he was going to come down on.
Taking advantage of a break in the ‘discussion’, Olivia asked, “Isn’t it customary for confidential informants to receive some form of consideration for their assistance?”
Wang responded, “He was paid.”
And Burke was quick to chime in, “Neal was given a seven-hundred dollar a month stipend for his housing. That was it.”
Olivia clarified, “That’s not what I’m asking. I’ve worked with incarcerated felons to help close cases. They don’t cooperate from the goodness of their hearts. There’s usually some quid pro quo – a few months, or even years, off their sentences for their help.”
Wang replied, “Caffrey was out of prison, on a GPS tracker.”
“That may be, but given the scope of his assistance, I’d think that he’d merit some greater consideration.” Olivia made a show of looking through the file that Peter had given her, “I see that he was once considered a candidate for a complete commutation.”
“And look how that turned out – he cut his tracker and ran before the Board could make a decision.”
“Only because Philip Kramer was going to arrest him immediately afterwards on a trumped up disturbing the peace charge that he didn’t even have jurisdiction to pursue,” Burke snarled, and that drew a startled look from his boss.
Olivia didn’t know what was going on, but she had the feeling that Peter might just have stepped into a pile of something unpleasant. She did her best to turn everyone’s attention away from that. “Regardless, his record is pretty damn impressive, CI or not. And CIs are generally not expected to have their lives threatened. Repeatedly. I believe Caffrey has been put into physical jeopardy on numerous occasions, from his earliest assignment with the FBI. According to the files, Neal Caffrey was shot in the retrieval of a historically significant Bible. He was abducted, Tasered and beaten – but was ultimately responsible for the successful recovery of a kidnap victim. And one thing I found truly fascinating about that case – the FBI had pulled his tracker. He could have simply disappeared. Instead, he met with a man who wanted him dead so he could save the kidnapped girl. A few months after that, he was nearly murdered with a high-powered bow and arrow during the takedown of the head of a corrupt private security firm. The list goes on and on – and at no point was Neal Caffrey offered anything more than a handshake and a thank-you for a job well done.”
Wang gave her a sharp look, “And how do you know all of these details, Sergeant Benson?”
“Mr. Caffrey is the victim of a violent crime and given his history with law enforcement, one of the first avenues of investigation are the people he’s helped put away. I asked Agent Burke for a summary to assist me, and he was kind enough to provide it.” Olivia held up the folder. “My point is that after three-plus years of assisting law enforcement and repeatedly getting put into life-threatening situations, most CIs in his position would have long earned off their sentence.”
Harper, the representation from the Attorney General, sighed. “We’re not unsympathetic, but you have to understand the Government’s position here.”
From the corner of her eye, Olivia could see Burke winding up for another argument. His tone was cutting, “Which is? Let’s be clear, shall we?”
“The Justice Department can ill-afford to be lax with criminals. Commuting Neal Caffrey’s sentence, just so he can go on another crime spree, would be a nightmare.”
Before Peter could jump on that statement, Olivia said, “Neal Caffrey is in no condition to do anything. Legal or otherwise. He has a very long convalescence ahead of him – months, if not years, and that’s just from the physical abuse. Who knows if he’ll ever recover psychologically? There are no crime sprees in that man’s future, Ms. Wang, Mr. Harper.”
Wang, who seemed intent on being the villain, flippantly commented, “Well, then he’ll be remanded to custody and spend the rest of his sentence in a penal hospital facility. If he’s no use to the FBI in his condition, he’ll serve out the balance of his sentence where he belongs. In prison.”
Burke exploded out of his chair. “Over my dead body.”
McKinsey tried to caution him, “Peter – watch yourself.”
“No, Bruce, just no. I’m tired of ‘watching myself’. I’m tired of being the good soldier and playing by the rules while other people just don’t give a damn. The Federal Government’s been using Neal Caffrey like he’s commodity. Three years ago, I was right there with you when Neal got tossed back in prison after watching his girlfriend get blown to bits. I didn’t argue, even though an OPR agent was up to his neck in that mess –”
Wang noted, “That would be Garrett Fowler, the man you shot?”
“He was wearing a vest.” Burke tossed that off, as if it was the perfect excuse for shooting the man. “And that has nothing to do with the fact that the DOJ swept his involvement with the death of Kate Moreau under the rug.”
Olivia had no clue what was going on, but it was fascinating.
Harper commented, “Garrett Fowler’s serving twenty years for murder.”
“For the murder of the man who killed his wife, a crime that had nothing to do with his actions as an OPR agent. He was never charged with the illegal purchase of explosives or with corruption in the official pursuit of his duties. And you’re ignoring the fact that Neal was instrumental in capturing him.”
Wang countered, “I read your report on what happened at the Russian Heritage Museum – it’s got more holes than a wheel of Swiss cheese. Caffrey’s involvement in the apprehension of Fowler is suspect, and somehow I don’t think your report will stand up to closer scrutiny.”
“People, please – this arguing isn’t doing anyone any good.” McKinsey was playing peacemaker now. “We’re not here to dig through ancient history. Sergeant Benson’s raised a good point about Caffrey. Other felons, ones far less useful to the Bureau and ones who’ve been a hell of a lot more troublesome, have had their sentences substantially reduced for their cooperation.”
“And they’ve ended up committing crimes that have blackened the Government’s eye.” Wang remained adamant.
“So, this is all just an exercise in image control?” Burke looked ready to explode again. “It’s about good PR and making the DOJ look tough on crime? What about fairness? When did you forget that it's supposed to be ‘liberty and justice for all’? When did those words become just a meaningless parody? What you're doing to Neal Caffrey has nothing to do with liberty and makes a mockery of justice. You should be ashamed of yourselves.”
No one seemed to have anything to add. The attorneys muttered something about needing to consult with others before making a decision and left. Olivia wasn’t sure what to do, if there was anything she could do at this point. She should probably head back to the precinct; it wasn’t as if Caffrey was the only case on the board.
But the show wasn’t over yet. She made her own excuses and left Burke and his boss in the conference room. And then made the mistake of looking back. Burke was arguing – which was not at all surprising. McKinsey just stood there, letting Peter blow off steam. It was only when his hand reached for the badge on his belt that the Section Chief intervened.
Whatever he said seemed to have penetrated, because Burke stopped short of taking his badge off and he collapsed into a chair.
Someone sighed in relief. It was Agent Jones, who’d been watching just as intently. “I’ve always been afraid it might come to this.” It sounded like the man thought Burke’s resignation was inevitable.
“I thought you said you wanted to be Caffrey’s handler?”
“Yeah, there’s no reward without risk – but still…”
Olivia understood everything the man wasn’t saying.
Go to Chapter Thirteen