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Story Notes:
Disclaimer: I lay no claim to the characters of NCIS. I am just borrowing them. This is for entertainment purposes only and no profit was made. Notes: This was written as a Christmas 2005 present to my friend Tiffany. Thanks go out to Alex, Heidi and Trisha and Brenda for betaing this fic. Especially Trisha who told me it wasn’t horrible when I was against it and Brenda who caught all the stuff I missed and helped it sound more in character.
Author's Chapter Notes:
NCIS finds out that miracles really can happen or at least what seems like a miracle can.
The snow was falling lightly to the ground outside NCIS Headquarters. The entire building seemed to be throwing themselves into the Christmas spirit wholeheartedly. It was, after all, Christmas Eve. One Special Agent, however, was anything but happy.

Special Agent Ziva David sat in the cubby-hole she called a desk area and stared at the large, spacious desk that sat empty next to Special Agent DiNozzo's desk. The desk had been empty for six months, as the agent using it had been killed.

Looking over to Special Agent Tim McGee, Ziva asked, once again, "Why can't I use that desk?"

McGee looked up at her but it was Special Agent Tony DiNozzo who answered, "Because that is Kate's desk."

Ziva sighed in frustration. "I know it use to be Kate's desk but she's dead DiNozzo. She isn't coming back."

Tony stood defiantly and stared at her, doing one of the better Gibbs impersonations of his career. "I understand that perfectly well David but the matter still stands that it is and always will be Kate's desk and…"

McGee, finally finding his voice, broke in here. "It's going to stay that way. Let it drop Ziva."

Ziva tried to retort but Gibbs chose that moment to enter the bullpen. With the ever present coffee cup in hand Gibbs strolled their way.

"Let what drop?"

No one spoke but Tony let his gaze fall upon Kate's desk. Gibbs followed his gaze and then turned to Ziva. "Yes, let it drop. You'll get a different desk, in another spot soon."

Ziva crossed her arms. "B-but why can't I just have that one?" After six months she had reached her boiling point, in fact she was bubbling over. "Kate is never coming back!

"Really, who says?" A very familiar voice said from behind.

Turning everyone could only stare in shock at the sight before them. In short cropped hair, a black t-shirt, a black skirt and equally black knee-high boots stood Caitlin Todd-who obviously was far from dead.

Breaking out of the shock the quickest Tony engulfed Kate in a hug with a large smile on his face. "Kate! Wait…" He dropped his arms to his sides and backed away from her, "Your dead. I-I had…"

Kate cringed; Tony had ended up with blood all over his face after she had been ‘shot'. Looking briefly at Gibbs, Kate sighed and gently touched Tony's cheek, her heart falling when Tony flinched. Pulling away Kate focused on everyone. "If everyone could take a seat I'll explain this, the best way that I can."

Everyone, except Gibbs ended up sitting on their desk. Gibbs made his way over to his desk and picked up the phone. Punching in numbers he waited until he heard Ducky's voice.

"Duck, I need you and Abby to come up to the bullpen." He stopped and listened for a moment, "Yeah, Duck, she's back." Gibbs hung up the phone and turned back to the group.

"You knew?" asked McGee angrily.

"Yes, I did and before anyone bothers to ask I couldn't have told you. Kate will be fielding all questions as soon as Ducky and Abby arrive.

Ziva didn't want to wait that long. "I-Ari is dead because he killed her. I shot him…we-we needed him. She…" Ziva was slipping quickly into a rant.

Gibbs cut her off. "Ari is dead because he was a murderer and we don't need him. You shot him because he was going to kill me-Bottom line."

"What I want to know is how Kate is alive when she was shot between the eyes!" Tony yelled suddenly, effectively silencing everyone.

It was at this moment Abby and Ducky walked off the elevator and joined the group. Wordlessly they hugged Kate before sitting down.

"You knew too?" McGee looked at Abby accusingly.

Abby nodded, looking ashamed but with tears in her eyes. "You have no idea how hard it was to act like she was dead but what was worse was seeing you guys in pain and not being able to tell you anything."

Kate pushed off the desk she had leaned against. "This is going to be a long story guys. First thing is that I am so sorry about what happened. I knew Ari was going to try to kill me. I knew it as soon as he took Gibbs' gun." She paused, waiting for the responses she knew would come-she didn't have to wait long.

They were muddled but the one she got clearly or chose to answer was McGee's. "Why would you go then? I mean why take the risk?"

"I didn't have a choice Tim. Someone else was already after me. Ari was an out, a way to get the man after me away from me and you guys. He thought I was dead and backed off for a bit. Ari missed guys…."

"What are you talking about?" Tony asked. "There is no way he missed. I had the evidence on my face." Tony had gone pale at the memory.

Gibbs spoke before Kate could respond, "It's very possible. He used my gun and my sites. I have it set up so that only I can use it. No one, not even someone who was highly trained would have figured it out. Ari didn't have it set up correctly so it veered up and to the right."

"But the blood."

"Gibbs told me the secret about the gun. Tony, remember when you told me I had a big forehead that day?" When she received an affirmative nod she continued, "It's because I did. I had a packet of blood under fake skin and it was jerry-rigged to go off when Gibbs gun was fired from anyone of those buildings. Don't ask me how…I still don't understand it."

She waived a hand in the air to stop anyone from speaking. "I have a friend who is into complicated things. I want to say that all problems are solved and I am back if you'll have me. I hope you can forgive me for the pain I caused you all. I fully understand if you want me to leave and not come back."

Ziva had a thoughtful expression on her face. "I saw you in the morgue."

Kate smiled, "That one I leave to Abby and Ducky.

Abby flushed pink before answering, "I have a friend who is rather talented in the business of illusions."

"What the hell does that mean, Abby?" Tony asked.

Abby cleared her throat. "The Kate you saw in the morgue was made of wax."

"No way!", came from McGee, DiNozzo and David.

Ducky spoke for the first time. "Why not, I once remember at time when I was in…"

"Ducky no stories please." Gibbs said, cutting in before Ducky could get rolling. Ducky looked contrite as he sat back down. He knew he told way too many stories but he couldn't help it. It was part of his nature.

By the time everyone had asked all their questions-well the ones on their minds at that moment anyway-it was almost four in the morning. Reluctantly the group separated and headed off to their homes to get some much needed rest. Though everyone couldn't help but try to linger a little longer.

Tony was he last to leave and as he opened the door to the stairs Kate called out, "Tony, wait!"

Tony paused and slowly turned around. He stood quietly in front of the door waiting for Kate to say something. Kate waited to say anything until she was standing in front of him and when she spoke the words were simple.

"I'm sorry, Tony."

The first thing out of Tony's mouth was a near hysterical laugh. "You're sorry? You let me-us believe you were dead for six months and all you can say is you're sorry! For Pete's sake Kate I had your-whoever's blood all over my face!"

Kate didn't say anything as Tony ranted because she knew as much as his words hurt they were true. She had been unfair to him and the others. "I know it doesn't seem like much Tony and I don't blame you if you never want to speak to me again but I truly am sorry."

Tony didn't say anything but instead turned and opened the door to the stairs. He started leaving but not before turning to Kate, "You coming?"

Kate nodded and silently followed him down the stairs, into the parking lot and into his car. Neither spoke as Tony drove to his apartment, there was a silent agreement that that was where they would go. Soon after they were both sitting on Tony's couch with a much needed beer in their hands.

There was an awkward silence before Kate broke it. "Tony, I…"

Tony cut her off. "Why are you here Kate?"

"You brought me here."

Tony shook his head. "That's not what I meant Kate and you know it. Why did you come back? You could have made a clean break, started a new life. You don't even look like you anymore." He motioned to her short black hair.

Kate followed his gaze and hand with her own, stopping when she touched her hair. "Oh, I forgot about that." Kate, revealing she was wearing a wig, pulled it off and shook out her hair. "I didn't want to start a new life. I liked the one I had. It wasn't my choice to leave, you know."

"Not your choice? How the hell couldn't it be your choice Kate?" Tony said taking a gulp of his beer only to find it was empty. As Kate spoke he went to the kitchen to get another.

"The person after me made the choices. I had to leave I didn't want to get you guys involved."

With his beer in hand Tony returned to the living room. "Why the hell not? We could have-would have helped you. You got Abby, Gibbs and Ducky involved just fine…what was wrong with me and McGee?

Kate smiled sadly before cringing. "I know you would have and you would have died. I barely got away. In the end it was either me or him; I chose him. As for Abby, Gibbs and Ducky…Abby was an accident and I needed Ducky's help and Gibbs found out on his own. Not getting you guys-you and McGee-involved was I admit, not the best plan. I should have told you after the others got involved. Just this way I thought I would minimize who was involved may be make things right again."

"There is no making this right. We would have done something, McGee and I. You robbed me…I mean us of the chance to decide for ourselves."

Kate grimaced. "I'm sorry, Tony."

"You know, I am really starting to hate those words Kate."

"Then what the hell would you like me to say?!"

By now they had both had more than their fair share of beer, not that either had noticed. Tony at least was starting to feel a little inebriated but instead of letting common sense take over and stopping the conversation they continued full force.

"I don't know…something a little more substantial maybe. I mean, how would you feel if you had, what you believed was the person you love's blood all over your face and they suddenly show up saying ‘I'm not dead, sorry about that!?" Tony was breathing hard by the end of his short speech, having not stopped for a breath during its entirety.

Any angry retort died before it reached Kate's lips after Tony spoke those words. "Oh, Tony, I-I…" At Tony's glare Kate stopped her currant sentence and tried again. "Tony I was trying to protect you. I realized something during all of this. The hardest part wasn't leaving Abby-my best friend- behind or any of the others. The hardest part was leaving you behind, to know I was hurting you."

Tony stared at her suspiciously. "What exactly are you saying, Kate?" He had an idea and part of him was hoping to God it was correct and the other part simply wasn't.

Taking a deep breath Kate looked Tony in the eye. "I'm saying that I realized I love you. I came back to see if you might love me too and if we might have a chance."

Tony was dumbfounded. He had finally heard the words he had wanted to hear from Kate for years but now he didn't know how to react. Part of him was ecstatic but another part as angry; angry at Kate for not trusting him and yet another part of him wasn't sure if he could ever forgive her for what she did. Tony sat on the couch and stared at Kate silently.

"Say something, please, Tony." Kate's voice trembled as she looked at Tony.

"What do you want me to say, Kate? You just dumped a lot of crap on me, after you reveal that you're alive and apparently didn't trust me or McGee."

Kate began to get the distinct feeling that she had lost any chance of a relationship with Tony-friendly or otherwise. "I was trying to protect you." Kate really didn't know what else to say.

Tony sighed. "I know that Kate and I understand it but you still should have given me a choice, I do love you Kate but…"

Tony didn't get to finish, as Kate-who had given up fighting the alcohol, more reckless part of her mind-kissed him. Tony tried to pull away but soon embraced Kate and returned the kiss. Neither was really fighting the beer, it brought down their inhibitions and allowed them to say and do what they really wanted to say and do but were otherwise afraid too.

Sometime later they were still on the couch, having-believe it or not-fallen asleep after the kiss. They both woke up slowly and looked at each other. Suddenly Kate realized what day it was and gave Tony a small smile.

"It's Christmas."

Tony gave her a small smile in return. "I know and I already got the best gift ever but…"

Kate cut him off. "It's going to take sometime. I understand that and I can live with that."

Tony smiled again and Kate rested her head on his chest. Tony tightened his grip on Kate as if to reassure himself that she was really there. Together they returned to slumber, both content-for now-to be in each others arms.

The End
Chapter End Notes:
Disclaimer: I lay no claim to the characters of NCIS. I am just borrowing them. This is for entertainment purposes only and no profit was made.

Notes: This was written as a Christmas 2005 present to my friend Tiffany. Thanks go out to Alex, Heidi and Trisha and Brenda for betaing this fic. Especially Trisha who told me it wasn’t horrible when I was against it and Brenda who caught all the stuff I missed and helped it sound more in character.
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