Chapter Three: Trial by fire

Draco sat at his desk in the office, twirling a quill between his fingers. It was just past sunrise. He hadn't slept well at all. At some point he had given up and come into work. He figured he'd spend some time going over everything one last time. Besides, between his nerves for this case ending, and his run in with Hermione, he'd been too anxious to lay down and close his eyes properly.

Theo's case wasn't as tight as the press made it seem. He'd done several things, by choice, and not by force. The veritaserum interview that had never been leaked proved that. Theo agreed to that interview in the first year of confinement. It had been a miracle Theo hadn't been sentenced to life immediately, or worse. He had done terrible things in order to make sure he and his family survived. The main theme of those choices were that Theo would have been forced to do worse things if he hadn't chosen to do the less terrible things. Unfortunately, most of those that could provide that evidence through testimony or memory were either dead or worse.

Finding proof had taken Draco years of careful research and prodding. Theo was guilty of many crimes, but murder wasn't among them. Draco finally dug up one important memory- one of the muggles Theo had been forced to kidnap and torture. Theo was ordered to execute that muggle by his Father. In reality, he had enchanted them into a deep sleep that mimicked death. That breakthrough led to several others. It didn't absolve Theo from the kidnapping or torture, but it did prove that he wasn't the same monster as many of the other Death Eaters.

If only Dumbledore were still alive, he'd have seen to it that none of this had happened to Theo. He would've understood, and believed it. If only. That thought made Draco feel somewhat numb.

Absentmindedly, he placed the quill down and moments later found that Hemione's business card had replaced the quill between his fingers.

Draco paused when he realized what he had done. That had been a strange meeting. He hadn't expected her to easily accept he used a cellphone. He had almost been ready for her to laugh in his face. Once more, he glanced at the mobile on his desk. They were muggle devices that had become a useful tool for interesting their societies. He almost reached out to text her…but hesitated. What would he say? The long night awake had thrown several possibilities at him. At first he had thought about asking if she'd made it home safely, but then he spent too long thinking about that and it would've been strange to get that message so much later. Then he'd thought about asking her out for coffee or tea around two am, and realized it was two am. Then he'd decided to wait until she contacted him first, to realize he hadn't given her his number.

He cursed, throwing her card down, taking the mobile phone in hand and shoving it in his pocket. Draco stood while running his hands through his hair, then straightened his collar. This wasn't what he needed today, he needed to stay sharp and focused. Draco glanced one more time at his desk to make sure he had everything, then hesitated. He reached down and took her card back, tucking it into his shirt pocket, heart pounding slightly as he recalled the sensation of her hand against his chest.

Maybe that memory would bring him good luck today in court. At least, that was how he was going to justify having her card in his pocket today. A good luck charm. That was all.

Draco picked up a bag with the Wizarding chess board. It was time to meet up with Theo. Today would end this case, one way or the other. He apparated to the entrance of Azkaban. Guards greeted him curtly. That was fine. He was accustomed to their cool greetings. Most of the Wizarding world treated him the same way once he had begun this business.

He handed over his wand at the security desk, signing in and letting them examine the bag with the chess board. After a few minutes, he was led to the holding cell where he and Theo had met every morning for chess for nearly the past decade.

It would be their last game here, that was certain. Walking through these grim halls was much easier now that the Dementors had been banished. The door to the sterile holding cell creaked as it opened. Theo greeted him with his usual grin and nod. Today he wore a formal set of black Wizarding robes, similar to what Draco wore.

How had he managed to maintain that cheerful, collected facade? The thought hit Draco as he sat down, pulling out the game board. It was the same way he had gotten this far. Purebloods were well trained in keeping a game face. He had his, cold, aloof, collected. Theo had his own- charming, cheerful, polite. Would they both be able to maintain their masks today?

They began their game in silence. That silence, and the perfection of their chosen facade, spoke volumes. Draco glanced at Theo's eyes as they played. He was making careless mistakes in the game. Theo was nervous. That smile and playful glitter in his eye betrayed none of it. Draco waited too long for his turn. Theo met his gaze and gave a slight raise of an eyebrow. "Something to say?" Theo asked calmly.

"We talked about this." Draco said quietly, breaking eye contact to move his Knight on the board. "Did you write your letters, in case this goes poorly for you today?"

Theo sighed and reached into his jacket pocket and took out an envelope, passing it across the table to Draco before moving his own Knight in response. "Cheerful as ever, I see."

"Realistic." Draco commented dryly, checkmating Theo's King. "I'd be happy to make this the last game you lose due to lack of concentration."

Theo swore softly with a soft grin as the board reset itself. "Can you blame me? If this goes against me…" Theo's hand shook just slightly as he made the first move. His facial mask was locked into place, though. "Well, it'll be the last time I play this game at all, if that happens."

Draco fell silent. False hope, empty reassurances, those were not things he could provide. The fact was, if Theo lost today, he'd be given the Dementor's Kiss. The Ministry only used the creatures for that purpose now. One would be summoned in a chamber with Theo, and then…

Draco banished the image from his mind. If it came down to it, he'd stand there. He would watch it happen, and he would arrange necessary hospitalization for Theo's body. Until the final decision was made, he refused to entertain that possibility.

Theo and Draco both blocked out the thoughts and focused on this final game. It was tight, and the concentration they both put into the game nearly made them forget where they were, why they were doing this. Two things did that for them both. Flying, and chess. It had always been this way. Until Draco had taken Theo's case, he had never truly realized how good of a friend Theo was to him. As Theo checkmated him for the last time in this holding cell, Draco felt a spike of pain at the mere thought of losing him. He banished that away, too.

The guards entered. It was time, then. Draco nodded at Theo as they both stood. Theo returned the nod and put his hands in his pockets. The guards walked him out. Draco packed the board, tucking Theo's letters safely inside, and returned to the exit. He retrieved his wand.

Draco glanced at the long hallway he had just exited, for the last time. Theo was there last one he had to defend from the war. No matter what happened today, it was the last time he would ever walk through these halls. That was a strange realization.

He stepped outside of the prison to apparate back to his office. Draco placed the bag down at his desk, feeling numb. He always felt this way before a final verdict. Ignoring the empty sensation, he turned on the spot to appear at the front of the Ministry. His entrance caused a silence to ripple outward. The sound of his shoes clicking on the marble floor became more pronounced as others registered his presence and froze. Draco ignored all of them. He didn't care what they thought, or why they fell so silent.

Part of him knew why. His arm seemed to burn under the accusing stares. Draco was one of the few marked who walked free. Dumbledore was a huge part of that. He had placed a case of memories in his Gringotts vault before his death. Their recovery had demonstrated Draco's reluctance to go with Voldemort's plans, and his innocence in Dumbledore's eyes. How that Wizard had known so much, Draco would never know. It didn't matter now. Fact was, he was free thanks to the man he'd aided in murdering. That was part of the reason why Draco had started fighting for the other students that had been caught in the crossfire of their parents, their own lives, and the Death Eaters. Dumbledore wouldn't have wanted so many of his students' souls ripped away. He wouldn't have wanted any of that.

Draco cleared his mind with a deep breath, entering the circular courtroom. He walked to his place up at the front row, standing tall and calm, facing the doors he'd entered from moments ago. The audience silenced at his entrance. Draco never left time for reporters in his coming and going here. Any second now, the final judge would appear.

Sure enough, Kingsley Shacklebolt himself soon stepped through the doors before him, striding to his place front and center. The intense, powerful aura of his existence entered the room with him. It made the hair on the back of Draco's neck stand up. Shacklebolt was an intimidating man. He was also fair, just and without cruelty. No matter what happened today, Draco could believe that Shacklebolt's verdict would be based on facts and evidence, nothing more, nothing less.

The Minister nodded to the room. Everyone sat. Draco remained sitting tall, emotionless, as the doors behind him opened and Theo entered. Neither of them looked at each other. Kingsley waited for Theo to take his place at the stand up front before he spoke.

"Theodore Nott." Kingsley began in his deep, regal tone. Draco felt his heart pounding against his ribcage. "Are you prepared for the verdict of the Wizengamot?"

Theo silently bowed his head in a wordless affirmation. Draco grit his teeth together. Kingsley was never one to drag things out. The Minister unrolled a sheet of parchment.

"This Wizengamot finds you, Theodore Nott, innocent of the crimes that would call for your soul. You are found guilty and accountable for three years of reformative service to the Muggle world-"

The rest of the verdict couldn't be heard. The court exploded all around then with shouts and jeers. Kingsley rolled up the parchment and handed it to Draco, who took it slowly, feeling shocked. Innocent. He couldn't stop staring at the parchment as he slowly took it in his hand as the deep voice spoke directly to him. "I suggest you remove your client from this courtroom, immediately. His personal items and wand have already been sent to your office."

A heavy hand clasped his shoulder as Draco nodded in stunned silence, finally meeting the Minister's eyes. He looked tired, but there was something more there. Pride? Respect? Whatever it was, Draco couldn't puzzle it out. Kingsley spoke in a lower tone. "...you did good work, Draco Malfoy. Expect an owl from me within the next few days."

Kingsley then patted his shoulder firmly, releasing Draco as he strode from the room, press rushing towards him. Draco managed to get to Theo and apparated away before they swarmed down towards them.

Theo wavered alarmingly when they landed. Draco quickly caught his friend and led him to the leather couch against his office wall. Theo sunk down, collapsing and barely managing to catch himself, elbows on his thighs, face buried in his shaking hands. Draco turned away, flicking his wand at the liquor cabinet, he flickered his wand to pour them both a glass of his strongest firewhiskey. He collapsed into his own chair after pulling off his formal robe and unbuttoning his collar. His own unsteady hand went through his hair, holding the locks tightly before catching the floating glass in his other hand. Draco leaned hard against his elbow, slouching in his chair with heavy relief.

They were both silent and unmoving for a long time. Draco closed his eyes, replaying the moment Kingsley had announced Theo's innocence. The relief that flooded Draco's chest had been unexpected. There weren't many cases Draco had lost, but this one had been the most precarious, uncertain of them all. It was why he had delayed a final verdict for years, hunting down more evidence. Theo had been the one to make this call, ask for judgement. He had become tired of waiting in that empty cell.

"...what do I do now?" Theo asked quietly from his couch. "I never thought… that they'd find me innocent…"

Draco took a long sip of his drink before replying. "I've got an apartment ready for you. You've still got access to your family funds in Gringotts. I've got all the paperwork you need ready to sign. It's more than enough to-"

Theo laughed, a dry, broken, hollow sound that silenced Draco. "You know what I meant. I don't deserve this."

He understood. Theo was guilty of the crimes he had committed during the war. He had caused harm to many innocents, and they both knew it. What did he do now, that he was going to integrate back into the real world? How did he move forward now? When would it feel normal? Draco knew the questions. He pondered many himself. How did he cope with the guilt? How did he reconcile his freedom, with the fact that he deserved to be punished?

"Theo, you'll have to figure out." Draco said quietly. "...just like the rest of us."

Theo took the drink floating by his hand and downed it in a single gulp. Draco refilled it with a flick of his wrist. They sat in silence until Theo finally stood, walking to the desk and placing his glass down with a soft clink. Draco sat up straight as Theo took the chair in front of him, nodding at the verdict from Kingsley. "So… what does the rest of it say?"

Draco unrolled the parchment, scanning through the legal jargon to make sense of it. "Three years of service with the Muggles, a weekly check in with an Auror, no dark magic or you'll end up back in Azkaban. Fairly standard release, honestly." It was a bit lenient, in Draco's experience, but that must have been purposefully done. Kingsley wouldn't have thrown that sentence together haphazardly.

Theo breathed a sigh of relief, unrolling the parchment in front of him, leaning on both elbows to keep it open and read it for himself. Draco took another sip of his drink as his friend spoke. "What good luck charm did you bring into court today?"

Draco felt a strange jolt at those words. It felt like the front pocket of his shirt burned his skin. Hemione's card- he had almost forgotten about it. Damn Theo! He coughed, choking on the firewhiskey, slamming the cup down hard as he turned away.

"What the hell- you actually brought a good luck charm?" Theo stared at Draco incredulously. Then, he gave a bemused grin, pushing the parchment away, folding his arms down in front of his body. "You don't believe in luck- where is it? Let's see!"

"Go to hell," Draco spat irritably, coughing as he struggled to get the words out. He reached in his desk to take out the folders for Theo's apartment and Gringotts vault.

The brown haired man pouted slightly at Draco's refusal to share, but stilled when he saw the folders. "...it's really happening, isn't it…"

Draco was silent. He pushed a quill to Theo, who slowly took the first folder with the Gringotts information. Draco leaned back in his chair, holding his glass with both hands to wait. Theo signed it. The papers vanished in a cloud of green smoke, and a key appeared there instead. Theo pocketed it.

When Theo opened the next folder, his eyes widened. He whistled softly. "I'll be damned…"

Theo placed the folder down, spreading out pictures of an apartment. The entrance faced an open balcony, where you could watch the sun move and see a beautiful sunrise. The furniture was sleek and modern. There was a long fish tank along one wall with a few beautifully colored things swimming inside. Everything about this place was new, down to the light fixtures and shower. The kitchen held a various assortment of gadgets, but the most important was the coffee machine. There was also a closet specifically created for Quidditch broom repair and storage, with a brand new broomstick waiting for him.

Draco had pressed Theo for details about what he wanted in a place if he got out. The responses had been half hearted most of the time. He hadn't believed it would happen, so he didn't want to get his hopes up. Draco took to listening to what Theo didn't say instead.

Sunrise was one thing. Every year at school, Theo had always been the first one awake in the common room. He went out to the astronomy tower long before anyone else was moving, and was back before he could be noticed missing. The sunrise meant something to him, although he'd never told Draco what, or why. Draco would wake most mornings, bleary-eyed, and stumble straight into Theo in the common room. His friend would sit Draco in a chair and hand him a cup of coffee, which Draco would drink while reading through the final chapters of homework, or while staring at the flames of the fire.

Theo hated anything that reminded him of his father. The sleek, modern design of this furniture was a far cry from any of the things found in a traditional, Pure-blood style home. The fish tank Draco hadn't really been sure about. Theo was always staring up at the dome of the things swimming outside the common room ceiling. He hoped that the water was something that Theo would enjoy.

His friend was silent for a long time as he looked at all the pictures. Theo took the quill in hand once more, signing his name. The papers vanished in a cloud of silver smoke this time, and a key sat in their place. This time, he stared at the key for a long moment before reaching out a have to pocket it, too.

Silence stretched for a while. Theo slowly took his drink in hand, leaning back in his own chair.

"...thanks." Theo said quietly, sipping at his drink. Draco silently nodded, then remembered one more thing. He reached in his desk and pulled out a mobile along with instructions on how the damn thing worked, pushing it across the desk to Theo.

"This is already programmed with a few useful numbers. It's replacing some of the communication owls used to do. Not all of it, mind, but enough that you'll need one."

Theo nodded, silent, pocketing that, too. Finally, Draco took the bag the Ministry had left for Theo and pushed it across the table to him. It held a pair of clothes Theo could never wear again, a few trinkets, and his wand. Theo took that in hand, and turned it over a few times before tucking it into his robe. His expression was completely unreadable now. He was processing. Draco knew that look too well. It meant Theo needed to be alone.

Both of them stood. They shook hands firmly, nodding at each other. Without another word, Theo turned and apparated on the spot.

Draco stood there, feeling a strange disbelief that things had gone this way. It was what he wanted. He couldn't believe it.

Before he thought about what he was doing, he had Hemione's card in hand and had sent her a message. Theo was found innocent. How did you know it was as good as won?

The reply came quickly and made him smirk. Who else do you think Kingsley would have checking the validity of your findings? Congratulations on the case. It was excellent work.

"Of course," Draco muttered to himself. He shook his head, unable to stop the smile from spreading across his face. Would you be interested in meeting up for drinks this evening?

I already have plans for tonight. Maybe another night?

Why did that bother him? Draco frowned slightly. What plans? Could he ask? Would that seem too much? Why did that get under his skin? He didn't really want to think about that. Was she trying to be polite in telling him no, or was she actually interested in getting drinks? Draco hated not being able to see someone's hand-writing. He could read between the lines based on the paper, ink and seal someone chose to use to reply. This digital communication revealed nothing.

As if she had read his mind, a second text came through. I think I'm free tomorrow evening, if that works for you? Same place?

Draco felt a strange sensation in his stomach at those words. He recalled the way she had smiled at him when she gave him her card. He enjoyed imagining her reaction to his next text.

It's a date.