Title: Jurisdiction
Author: Jilly James
Fandom: Hawaii Five-0, NCIS
Genre: Canon Divergence
Relationship: Tony DiNozzo/Steve McGarrett
Warnings: Adult themes, language
Rating: PG-13
Word Count: 4,308
Author Note: This is for the One Sentence Prompt on Rough Trade. You can find the challenge here. The story timeline is a little nebulous, but somewhere in the middle of Season 1 of Hawaii Five-0.
Keira’s Response: Way the Hell Out at Pearl (best title ever!)
Prompt: Steve McGarrett was used to getting his way when it came to cases on the island, but the new lead of the NCIS Major Case Response Unit apparently never got that memo.

Art by Polaris

– – – –

Steve was the last of his team to arrive at the crime scene, though Danny was still getting out of his car, so he figured he wasn’t too far behind them. They’d all been home for the night when they’d gotten a heads up from HPD about a possible homicide that fit the pattern of couple cases the Five-0 team hadn’t been able to crack yet.

NCIS had a truck on site, and agents were already on the scene. Halogen lamps had been set up, and an agent he vaguely recognized was photographing the scene.

“What’s that guy’s name?” he asked as he stepped next to Danny. Chin and Kono were talking to a couple of other agents near the evidence van. Chin didn’t look pleased, and Kono was gesturing expansively.

“Jacobs,” Danny replied easily. “Only been with NCIS a few months. So new he squeaks.” Danny looked a little more rumpled than usual.

“Jacobs. Right.” Steve ducked under the crime scene tape. “We can take it from here, Agent Jacobs.”

“Uh…” Jacobs froze, staring at Steve like a deer in the headlights, camera still pointing at the headless body. Aside from headless being an obvious connection between the cases, that the heads were never found was another clue. Steve’s experience was that missing heads usually turned up.

Steve smiled. “You guys must want to get back home, and this is in line with our current cases. We’ll take over now.”

“I can’t really… I mean…” Jacobs swallowed heavily.

“Is there a reason the Governor’s Task Force is stomping all over my crime scene?” a new voice said from behind Steve.

Steve turned, ready to explain that his team had jurisdiction, but the words died in his throat. “Tony,” he gasped, feeling off balance for a moment. Danny looked at him funny.

Tony jerked his head away from the crime scene. “Let’s talk.” He gestured to the rest of Steve’s people. “Your team needs to clear off the crime scene. At least for now.”

Steve wasn’t happy about that but he nodded to his guys to get behind the tape then followed Tony back to Steve’s truck.

“How long have you been here?” he asked instead of focusing on the case. Tony looked damn good in tan cargos and a fitted black T-shirt. Steve itched to reach out.

Tony shrugged one shoulder. “About a week.”

“Were you going to call me?”

“Yeah.” Tony coughed and glanced away, drawing Steve’s attention to the long line of his throat.

Steve had the inappropriate urge to press him against the truck and run his tongue along that smooth expanse of skin. “Why not tell me you were coming?”

Tony met his eyes again. “We didn’t really—” He broke off and shrugged again. “I needed to get settled in, get my bearings. They threw me right into the deep end here, and everything went so fast. I was supposed to take over one of the teams in the Major Crimes Unit, but wound up with the whole unit instead, and we had to get rid of two out of three leads. Things are kind of a hot mess.”

Steve stepped closer. They’d met on the Seahawk, and the attraction had been electric between them. But there hadn’t been any way to act on it then, and not even many opportunities to talk. There had been one kiss right before Steve left. “Tony…”

Tony’s gaze was searching. “We really gonna do this?”

“I haven’t changed my mind.” Steve moved fractionally closer.

“Okay.” Tony’s breath hitched, and he closed his eyes briefly. “Okay. But case first.”

Steve took a deep breath and backed up, rolling his shoulders to try to shake off the tension. “Right.” He looked back toward the crime scene. “My team usually runs with this kind of case.”

“Yeah, that doesn’t work for me. Five-0 has no jurisdiction here. I have no idea why the prior team leads or unit manager let you get away with that.”

Steve blinked. “The governor gave us immunity—”

“And means. Yeah, I’ve heard.”

“And that means we handle anything on the island we want to.”

Tony frowned. “You get that the governor has no say over federal investigations, right? She has zero right to exert influence over military matters, and while she may have some pull with various federal agencies, at the end of the day, we don’t answer to her.”

Steve frowned. It wasn’t like he didn’t know that, he just hadn’t thought about it. “That’s…true.”

“Look, my personal opinion is that you should be careful how you flex those muscles around the island. And I mean that figuratively, so don’t give me that look.”

Steve didn’t want to get into whatever it was Tony was alluding to. “So we work the case together.”

“I don’t think so.”

Feeling a little affronted, Steve crossed his arms. “My team gets good results. You have an issue with that?”

“I have an issue with you guys putting my ability to get a conviction at risk.”

“We wouldn’t—”

“Actually, you would. You have. None of the cases you took over from NCIS had ground through the entire legal process yet, but there’s going to be a very rude shock coming soon, and I’m sorry to be the bearer of bad tidings.”

“What are you talking about?”

“A savvy defense attorney has filed a motion to have a some key evidence thrown out. And it will get thrown out because you guys colored way outside the lines, and that might be okay where the governor can use her influence, but, as I said, it doesn’t reach outside of Hawaii. That case that could get thrown out is why the former lead was fired. He should never have ceded jurisdiction to you.”

Steve felt something settle like lead in his stomach. “Which case?”

“Melanie Haskins.”

He winced. The Haskins murder was an early one for his team. Chin and Danny had tried to rein Steve in when he’d gone after certain evidence without a warrant, but Steve had been furious about the woman’s murder and hadn’t been willing to give her husband a chance to dispose of it. “And you think he might get off?”

“Not if I have anything to say about it. We’re working other solutions before the evidentiary hearing. I got a heads up about this from a…friend. If we have something else to present to the judge, we can keep the case from getting thrown out.”

“What can I do to help?”

“Not help,” Tony said brusquely. “I’m not trying to be a dick here, Steve, but I can’t have you guys fucking up my cases.”

“We wouldn’t—” Steve broke off, feeling frustrated. He wanted to be indignant and defensive, but it was hitting home that they had a very real problem. “So we avoid federal cases, then.”

Tony cocked his head to the side. “Honestly, you need to be careful locally. Your whole task force feels like a distraction.”

That did get him defensive. “What the hell does that mean?”

“It means that you guys are getting a lot of attention, sometimes for doing questionable shit, and the governor is okay with that. Ask yourself why would that be? I hear the rhetoric from her office about cleaning up the problems on the island, but you have to know that no matter what she says, if cases get appealed up to the Ninth Circuit, the powers she’s given you guys won’t mean shit. She’s been doing this a long time, so she knows that. Which begs the question…”

Steve frowned. “Why is she doing it?”

“Bingo. I worry about what’s really going on in the background, but all I can do now is try to insulate NCIS cases from your team. We can talk about it more some other time but, for now, I need you to get your team off my crime scene.”

“There are two other similar murders…”

“And one of those two is also Navy, so I’ll be coming for that one. Normally, I’d recommend a joint op since we both have jurisdiction, but we’ll just have to hope that we can solve it and that the local case gets handled in the process.”

Steve gave a brief nod.

Tony stepped away but hesitated. “It’s good to see you again, Steve.”

He smiled faintly, thinking none of this really felt good anymore.

– – – –

“What’s got you in a tizzy?” Danny asked from where he was leaning in the doorway.

“It’s nothin’.”

“Pull the other one, Steven. You’ve been moody for the last two days. Though I’d guess it goes back an extra night. You that pissed about being kicked off a crime scene? You know we really never had jurisdictional claim to an NCIS case no matter what they’ve let us do in the past.”

“I get it. I hadn’t really put much thought into it before, but I understand. And that’s not the issue.”

“Then what is it?”

Steve had been planning to do some investigating on his own, but he had to admit that it was the combination of strengths on the team that made them effective. “Get the others.” He abruptly decided not to have this conversation in their offices. “There’s an HPD case that sounds interesting.”

“What are you—”

“Just do it, Danny.”

Danny blinked a few times, and he seemed to be assessing Steve, but he nodded and went to get Chin and Kono. They went in two vehicles with Steve driving the Camaro.

Danny shot him a look when they pulled up. “Kamekona’s is the interesting case?”

“No, but I don’t want to have this conversation in the office.”

Danny’s gaze sharpened, but he didn’t say anything further, he just got out of the car.

They wound up seated around a table with a bunch of shaved ice in some weird experimental flavors. Steve wasn’t a fan of watermelon-bubblegum mixture.

He started off with telling them about the evidence issue. When Danny looked like he was going to blow his top, Steve held up a hand. “I know, Danny, okay? I get that you tried to warn me then.”

Danny’s lips were pressed into a thin line. “So what’s the other shoe you’re about to drop because you didn’t drag us out of the office to tell us about that.”

“You already knew that NCIS agent, right?” Kono interjected.

Steve nodded. “We met a couple years ago. Little more than actually. He was the agent afloat on an aircraft carrier my team was on for a few weeks. He’s the acting head of the Major Case Team, but he’s actually the new Unit Manager for the whole Major Crime Unit.”

“He good?” Chin asked.

“He’s exceptional,” Danny answered for him. When Steve shot him a quizzical look, Danny added, “I looked him up. I wanted to know if NCIS was kicking us off cases because they were being territorial or what.”

“And?” Steve prompted.

“DiNozzo has a good reputation for working well with LEOs, so I managed to figure out that he was simply asserting, rightfully so, that NCIS had jurisdiction.” He shot Steve a pointed look. “But I guess it was more than that.”


“So tell me us what else because I still have this impending sense of doom—much worse than when you get to order the pizza.”

Taking a breath, Steve got his thoughts in order then stepped the team through what all Tony had said. There was some of the same reaction Steve had at first—indignation, defensiveness, irritation—but then everyone seemed to be thinking about it.”

“I hate the idea that our unit might be a smokescreen,” Kono said softly.

“Like sleight-of-hand,” Chin added. “She keeps the attention on us while— What exactly is she trying to keep people from finding?”

“I guess we’re going to find out,” Danny said firmly.

“Are we?” Steve asked.

“Yeah, we really are, Steven. It may be nothing, but if we’re being used, I want to know, and I want to put a stop to it. I didn’t become a cop to be a political maneuver, and I sure didn’t sign up to be a cover for something criminal.”

Steve stared at his melting ice and considered what to do next. “So, no discussing this at the office.”

“And where are we going to get the resources to look into it?” Chin asked.

Steve pondered that, but it was Danny who offered a suggestion.

“Is DiNozzo your friend? I mean, do you trust him?”

“I haven’t known him long, but…yeah, I’d like to think he’s a friend, and I do trust him.”

“So let’s ask the feds for some help,” Danny offered.

“Investigating the governor is definitely not their jurisdiction,” Steve said dryly. “FBI might be able to do it, but NCIS sure can’t.”

“No, but we’re not asking for them to investigate, just give us a place. We need computers we’re sure aren’t monitored.”

“I know our computers are good,” Chin said, “but we’ll have the issue of needing to scan for bugs every time we return to the office. Plus it’d be a better option to monitor our activities at the server level, and I don’t have any kinds of administrative rights to the servers. It’s an issue.”

Steve pondered his options. “I’ll talk to Tony. Right now, work as normal, and we’ll see what happens next.”

– – – –

It had been more difficult than Steve expected to figure out where the new Unit Manager at NCIS was living, but he’d managed to get the address. DiNozzo was temporarily staying at a beach-front rental only a couple miles from Steve, presumably while shopping for a permanent place. Steve had only been sitting on the porch for about ten minutes when DiNozzo pulled up in a Jeep.

Tony didn’t even hesitate as he walked up the porch steps and unlocked the front door, leaving it open as he went inside. Steve took the implicit invitation and followed him in.

“You been here long?” Tony asked, returning from the kitchen with two beers, passing one to Steve.

“Only about ten minutes. Surprised you weren’t home but figured I could wait it out a bit.”

Tony dressed a lot like he did on the Seahawk, except he’d opted for a button-down instead of a T-shirt with the cargos. He unbuttoned the shirt, shrugging out of it, leaving him in a white muscle shirt. Steve’s mouth felt dry as he watched Tony sprawl on the couch.

“Take a load off, McGarrett, and tell me what’s going on.”

Steve sat at the other end of the couch, angled to face the other man. “I considered what you said the other night.”

Tony just arched a brow.

“And then I discussed it with my team. We all agree it warrants investigation, but it’s almost impossible to be certain we aren’t being monitored in what we do.”

Tony nodded slowly, looking thoughtful. “NCIS can’t investigate the governor.”


“But I could ostensibly agree to a joint op on these three killings, but, you know, NCIS is much too important to go to a LEO’s office, so you’ll just have to come to us.”

Steve found himself smiling. “Is that right? You think we have time to drive all the way out to Pearl?”

Tony grinned. “Of course, you aren’t touching my case with a ten-foot pole, but it’ll be our party line so you guys can work when you need to.”

“To just my boss or yours too?”

“The new SAC will be okay with it, and that’s the only person I’m gonna tell. As long as you guys do all the legwork to investigate Jameson, and NCIS agents aren’t used in their capacity as NCIS agents, we won’t have an issue.”

Steve noted the distinction. “Does that mean you’ll help us if it’s not in your capacity as an NCIS agent?”

Tony cocked his head to the side. “Did you know Naval Intelligence recruited me?”

Steve shook his head. “And you weren’t interested, I take it?”

“Not interested in being military, haven’t been since military academy.”

Steve filed that away to ask about later. “But I’ve also been recruited by several other intelligence programs. Point being, I’m good at figuring stuff out—putting the pieces together. Not that you’re any slouch in that area, but if you need my help, I’ll be there.”

“Thanks.” Steve would be grateful for any help. He rolled his beer bottle between his hands. “Change of subject?”


“Why’d you come to Hawaii?”

“Hmm.” Tony leaned forward, bracing his elbows on his legs, meeting Steve’s gaze. “Some bad shit went down. Director wanted to sweep it under the rug. I wasn’t okay with that, but rocking that boat could be career ending, so…” He shrugged, looking a little sheepish. “I may have implied that if he wanted me to cooperate with his lack of action that he’d give me the post of my choice.”

Steve stared. “You blackmailed your director?”

“Not exactly. He was trying to find inducement to get me to let it go, and I finally suggested which inducement it would take.”

“Nothing criminal was being covered up, right?”

“Oh hell no.” Tony shot him an annoyed look. “There was procedural breach regarding two of the junior members on my the team that could have resulted in my death. I reported it, and the director wanted to do nothing except for a verbal warning. His buddy’s daughter was one of the agents in question, so that sucked large.”

“Jesus.” Steve frowned. “But what if they put someone else at risk doing the same thing?”

Tony grinned. “At NCIS, it’s the secret that’s not. Probably the whole alphabet soup, really. No one will work with them. My former supervisor hasn’t had any luck getting anyone on the team but TAD agents. It’s only been a couple months, but…” Tony shrugged. “They got consequences, the director is frustrated, and I got Pearl Harbor. And maybe you. Win-win-win and lottery win.”

Steve actually felt his face heat. “Why Pearl?”

“Because you’re here, and I…wondered.” He gestured toward the window. “Plus…sand, sun, and sea are powerful inducements.”

Steve wanted to climb over, press Tony down into the cushions, and feel that strong body moving under his. “And are we going to do this thing?”

Tony stared at nothing for a long time. “I think we should wait for a little bit. Give us both time to let things settle down a little.”

That felt right even if Steve didn’t like it. “What’s going on with you? I sure know what my issues are.”

“It’s just a lot very quickly. I expected to be a team lead, but then got another promotion. Technically, I’m acting Unit Manager, but Matthews will make it permanent if I’m successful for a year.”

“You want to wait a year?” Steve sounded pained.

Tony laughed. “No. I just don’t want to feel like I’m being pulled in a billion directions. Let’s sort out your problem while I focus on dealing with the issues in my unit, and then I’ll climb you like a tree, okay?”


“Absolutely.” Tony held out his beer bottle.

Steve clicked his against it. “I’m gonna hold you to it, DiNozzo.”

– – – –

Watching the news coverage of the governor being detained by the FBI, Steve had to concede that the last month had taught him a lot about being a cop. He wouldn’t have thought it was something he needed, but he could now see that he did. He’d thought with three cops on the team, that his other viewpoint would make for good balance.

It wasn’t just investigating Jameson, it was watching Tony teach the baby NCIS agents and help out Steve’s team whenever he was available. While Steve’s team had been chasing after clues about the Jameson, Tony’s team had solved the case of the head collector and then moved on to a truly dizzying number of other cases. In addition, they’d gotten new evidence for the Haskins case and prevented it from being thrown out of court. If Steve hadn’t been working sixteen hour days, every day, he’d have gotten drunk from the sheer relief of it.

The team was crowded around his desk, watching the news coverage with him while eating lunch. Everyone was exhausted but pleased to have this behind them.

Danny nudged him. “What do you think is going to happen to the team?”

Steve shrugged. “Not sure. The governor’s own task force brought her down, so I think that speaks well of our integrity, but whoever replaces her might not want to continue the program.”

“And we all go back to what we were doing before?” Kono asked, sounding concerned.

“Maybe.” Steve looked around at all of them. “My first choice would be to continue on with the task force, but NCIS offered to bring us all on.”

Everyone stared at him, mouths hanging open.

“Are you kidding me?” Danny finally managed.

“No. We’d all have to go to Georgia to attend FLETC, but Matthews assured me they’d bring us all back here to be on the same team so we could continue working together. It’d be different…” He shrugged.

“But you wouldn’t be able to be the team leader,” Chin said with a frown.

“Not for a year or so, no, but being on the same team with you guys is more important to me than being the boss.”

“Aww.” Danny nudged him. “I knew you loved us.”

Steve just grinned.

“I don’t think a federal agency is the answer,” a voice said from Steve’s office doorway.

“Lieutenant Governor Denning,” Steve said, getting to his feet. Soon to be acting governor.

“McGarrett.” He nodded to the other three. “The state legislature is reviewing the evidence you handed over to the FBI. I expect Governor Jameson will be impeached long before the judicial process is complete, and I’ll be sworn in. With that in mind, I thought I’d tell you that my intention is to keep the task force intact, though not with the broad powers Jameson granted you. For now, I think you should all take a week off, get some rest and recharge, and we’ll talk again soon.”

“Thank you, sir,” Steve said, and the rest of his team immediately echoed it as the future governor left the office.

Danny blew out a breath. “Well, that’s a relief. I didn’t want to be a fed. I would have for you guys, no matter your crazy pineapple fetishes, but…” He shuddered then shot Steve a look. “I think one fed in the family is more than enough.”

Steve sputtered. “What are you talking about?” Yeah, they’d spent a lot of time at NCIS the last month, and, yes, they’d frequently consulted with Tony after hours, but Danny was inferring a lot that Steve had kept on the down low.

“Oh please,” Kono replied easily. “You two have been eye fucking each other for a month. Give us some credit.” She headed for the door. “I’m going to catch some waves and enjoy the time off.” She shot a look back at Steve. “I expect you’ll be relaxed when we see you in a week.”

“If he can even walk by then,” Danny added, following her out the door.

“You’re both terrible people,” Steve called after them. He then looked at Chin, waiting for it.

Chin just smiled. “We did good work.”

Steve felt warm with pride in his team. “Yeah, we did.”

“Wear protection,” Chin said before disappearing. “Glove before love.”

Steve huffed.

Assholes, the lot of them.

Then he bounced up out of his chair. He had a wayward federal agent to catch.

– – – –

Steve pulled up to his own house to find Tony’s Jeep in the drive. He stared for a few seconds then started to grin.

He didn’t see Tony anywhere, and the door was still locked, so he assumed his fed was on the lanai.

“This is not where I expected to find you,” Steve said as soon as he spotted Tony sprawled out on a lounger, drinking a beer. He was in board shorts and a muscle shirt, and there was a bucket full of ice and beer on the table.

Tony tipped his sunglasses up onto the top of his head. “I made a promise to a certain LEO. I took the afternoon off so I could get some climbing done.”

Grinning, Steve moved close, leaning down and pressing a kiss to Tony’s lush mouth. It was every bit as hot and electric as he remembered from the Seahawk. “We’re going to burn out on our chemistry,” he murmured against Tony’s lips.

“I’m not complaining.”

Steve straddled Tony’s lap, going in for another kiss. “You’ve been a terrible influence on me.”

“Is that right?” Tony nipped at Steve’s jaw, then went after Steve’s throat.

Groaning, Steve fought the urge to grind against Tony, figuring they should slow it down a little. “Yes. Terrible. I made sure I had a search warrant and everything.”

“You poor thing.” Tony was doing evil things to Steve’s collarbone. “Since I’ve done so many terrible things to you professionally, how about you do terrible things to me personally? Balance the scales and all that.”

Steve pulled back. “Just how terrible?”

Tony slid a hand around and palmed Steve’s cock through his cargos. “You must be this tall to ride this ride.”

Steve busted out laughing. “You ass. That was actually awful.” He got up and hauled Tony to his feet. “But I’m definitely taking you for a ride.”

“Is this a climbing ride?” Tony let himself be dragged into the house and upstairs.

Steve pressed Tony against the bedroom door, going in for another addictive kiss. “We’ll try every kind of ride.”

“Challenge accepted, McGarrett.”

The End

– – – –

Divergence note: The arguable first point of canon divergence took place off screen—Tony and Steve met on the Seahawk (arguable because there’s nothing in canon that says they couldn’t have met, though they probably weren’t kissing. Which makes me sad). The next point of divergence, which was divergence for NCIS, was also off screen—Tony left DC after Dead Air. The first point of real canon divergence for Hawaii Five-0 is what this story is focused on.

EndNote: You can answer this prompt if you’d like (and link to us both) and share your link with me, but you do not have permission to continue my work on this prompt.


  1. That was lovely, Jilly!


  2. I think we should just all agree that they definitely met on the Seahawk and were definitely kissing, because the alternative is sad for everyone.

  3. This is fantastic and I love it! My favourite line is “You must be this tall to ride this ride.” (and I bet I’m not alone!).
    Thanks for such a great story.

  4. all hail the Mothership!!! fantastic!!

  5. Awesome

  6. Absolutely wonderful, Tony and Steve, Smart Tony, the Gruesome Twosome with no support from other agents. Love your stories.

  7. So much awesome.

  8. That was really good

  9. Ah, damn! Their chemistry is off-the-scale hot! Thank you This. I love Steve getting taste of truth and realizing he and his team need to verify what is going on with Jameson. Great stuff. Really great stuff. Thanks for this.

  10. How did I survive before I subscribed here?! Incredible!

  11. Wonderful story.

    Well done.


  12. OMG I loved it …. Tony/Steve is just so HOT together and one of my favourite Tony pairings …… xxx

  13. OMG! Yes! Plus the hotness of Steve AND Tony? Damn!

  14. Enjoyed the story and the way that Steve finally got schooled on police procedures … the proper motivation helped. 🙂

  15. Chin’s response made me spit out my coffee…lol Loved this.

  16. I’m gonna go with Chiara – Seahawk, kissing, no sadness.
    Thank you

  17. Thanks for the great story! <3 Loved it~

  18. Greywolf the Wanderer

    w00t! I love these guys as a pair, mm mm mm, yowza!

  19. *fans self* Don’t get me wrong, I love a fic where characters meet for the first time “on screen” and fall into love/lust, but DAMN do I love Tony just re-entering Steve’s life and them both already being 100% on board!


  21. Lovely and hot. Thanks for sharing!

  22. Hot and sweet!

    I’m sure Tony can keep Steve motivated to learn. 🙂

  23. Hot. DAMN!!! 😀

  24. Loved this so much. One of my favorite things is Tony pointing out all the procedural errors made on a regular basis by H5O Because, yes. In other news, they really are hot together. Damn. Thanks so much! <3

  25. wow ^.^

  26. Great story. Side-bar: I have seen—on tumblr—that “You must be this tall to ride this ride” in a tatto on a picture. It was tattooed on a stupendously magnificent ass. There was no definite way to determine the height of the handsome young gentleman and therefore no way to gauge just how “tall” you needed to be. But one certainly got the impression that he was a size queen. I’m sure he would not often have been turned down if anyone tall enough was invited onto his ride… I certainly wished I was a few decades younger.

  27. Great story! Tony makes a lot a sense here as the one to raise some important questions about how 5-0 is operating.

  28. Wonderful, wonderful story!

  29. Another wonderful story.

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