Title & subtitle:
[Nov. 21] The Harvard Law Review Refused to Run This Piece About Genocide in Gaza: The piece was nearing publication when the journal decided against publishing it. You can read the article here.
Article text:
On Saturday, the board of the Harvard Law Review voted not to publish “The Ongoing Nakba: Towards a Legal Framework for Palestine,” a piece by Rabea Eghbariah, a human rights attorney completing his doctoral studies at Harvard Law School. The vote followed what an editor at the law reviewdescribed in an e-mail to Eghbariah as “an unprecedented decision” by the leadership of the Harvard Law Review to prevent the piece’s publication.
Eghbariah told The Nation that the piece, which was intended for the HLR Blog, had been solicited by two of the journal’s online editors. It would have been the first piece written by a Palestinian scholar for the law review. The piece went through several rounds of edits, but before it was set to be published, the president stepped in. “The discussion did not involve any substantive or technical aspects of your piece,” online editor Tascha Shahriari-Parsa, wrote Eghbariah in an e-mail shared with The Nation. “Rather, the discussion revolved around concerns about editors who might oppose or be offended by the piece, as well as concerns that the piece might provoke a reaction from members of the public who might in turn harass, dox, or otherwise attempt to intimidate our editors, staff, and HLR leadership.”
On Saturday, following several days of debate and a nearly six-hour meeting, the Harvard Law Review’s full editorial body came together to vote on whether to publish the article. Sixty-three percent voted against publication. In an e-mail to Egbariah, HLR President Apsara Iyer wrote, “While this decision may reflect several factors specific to individual editors, it was not brd on your identity or viewpoint.”
In a statement that was shared with The Nation, a group of 25 HLR editors expressed their concerns about the decision. “At a time when the Law Review was facing a public intimidation and harassment campaign, the journal’s leadership intervened to stop publication,” they wrote. “The body of editors—none of whom are Palestinian—voted to sustain that decision. We are unaware of any other solicited piece that has been revoked by the Law Review in this way. “
When asked for comment, the leadership of the Harvard Law Review referred The Nation to a message posted on the journal’s website. “Like every academic journal, the Harvard Law Review has rigorous editorial processes governing how it solicits, evaluates, and determines when and whether to publish a piece…” the note began. ”Last week, the full body met and deliberated over whether to publish a particular Blog piece that had been solicited by two editors. A substantial majority voted not to proceed with publication.”
Today, The Nation is sharing the piece that the Harvard Law Review refused to run.
enocide is a crime. It is a legal framework. It is unfolding in Gaza. And yet, the inertia of legal academia, especially in the United States, has been chilling. Clearly, it is much easier to dissect the case law rather than navigate the reality of death. It is much easier to consider genocide in the past tense rather than contend with it in the present. Legal scholars tend to sharpen their pens after the smell of death has dissipated and moral clarity is no longer urgent.
Some may claim that the invocation of genocide, especially in Gaza, is fraught. But does one have to wait for a genocide to be successfully completed to name it? This logic contributes to the politics of denial. When it comes to Gaza, there is a sense of moral hypocrisy that undergirds Western epistemological approaches, one which mutes the ability to name the violence inflicted upon Palestinians. But naming injustice is crucial to claiming justice. If the international community takes its crimes seriously, then the discussion about the unfolding genocide in Gaza is not a matter of mere semantics.
The UN Genocide Convention defines the crime of genocide as certain acts “committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.” These acts include “killing members of a protected group” or “causing serious bodily or mental harm” or “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.”
Numerous statements made by top Israeli politicians affirm their intentions. There is a forming consensus among leading scholars in the field of genocide studies that “these statements could easily be construed as indicating a genocidal intent,” as Omer Bartov, an authority in the field, writes. More importantly, genocide is the material reality of Palestinians in Gaza: an entrapped, displaced, starved, water-deprived population of 2.3 million facing massive bombardments and a carnage in one of the most densely populated areas in the world. Over 11,000 people have already been killed. That is one person out of every 200 people in Gaza. Tens of thousands are injured, and over 45% of homes in Gaza have been destroyed. The United Nations Secretary General said that Gaza is becoming a “graveyard for children,” but a cessation of the carnage—a ceasefire—remains elusive. Israel continues to blatantly violate international law: dropping white phosphorus from the sky, dispersing death in all directions, shedding blood, shelling neighborhoods, striking schools, hospitals, and universities, bombing churches and mosques, wiping out families, and ethnically cleansing an entire region in both callous and systemic manner. What do you call this?
The Center for Constitutional Rights issued a thorough, 44-page, factual and legal analysis, asserting that “there is a plausible and credible case that Israel is committing genocide against the Palestinian population in Gaza.” Raz Segal, a historian of the Holocaust and genocide studies, calls the situation in Gaza “a textbook case of Genocide unfolding in front of our eyes.” The inaugural chief prosecutor of the International Criminal Court, Luis Moreno Ocampo, notes that “Just the blockade of Gaza—just that—could be genocide under Article 2(c) of the Genocide Convention, meaning they are creating conditions to destroy a group.” A group of over 800 academics and practitioners, including leading scholars in the fields of international law and genocide studies, warn of “a serious risk of genocide being committed in the Gaza Strip.” A group of seven UN Special Rapporteurs has alerted to the “risk of genocide against the Palestinian people” and reiterated that they “remain convinced that the Palestinian people are at grave risk of genocide.” Thirty-six UN experts now call the situation in Gaza “a genocide in the making.” How many other authorities should I cite? How many hyperlinks are enough?
And yet, leading law schools and legal scholars in the United States still fashion their silence as impartiality and their denial as nuance. Is genocide really the crime of all crimes if it is committed by Western allies against non-Western people?
This is the most important question that Palestine continues to pose to the international legal order. Palestine brings to legal analysis an unmasking force: It unveils and reminds us of the ongoing colonial condition that underpins Western legal institutions. In Palestine, there are two categories: mournable civilians and savage human-animals. Palestine helps us rediscover that these categories remain racialized along colonial lines in the 21st century: the first is reserved for Israelis, the latter for Palestinians. As Isaac Herzog, Israel’s supposed liberal President, asserts: “It’s an entire nation out there that is responsible. This rhetoric about civilians not aware, not involved, it’s absolutely not true.”
Palestinians simply cannot be innocent. They are innately guilty; potential “terrorists” to be “neutralized” or, at best, “human shields” obliterated as “collateral damage”. There is no number of Palestinian bodies that can move Western governments and institutions to “unequivocally condemn” Israel, let alone act in the present tense. When contrasted with Jewish-Israeli life—the ultimate victims of European genocidal ideologies—Palestinians stand no chance at humanization. Palestinians are rendered the contemporary “savages” of the international legal order, and Palestine becomes the frontier where the West redraws its discourse of civility and strips its domination in the most material way. Palestine is where genocide can be performed as a fight of “the civilized world” against the “enemies of civilization itself.” Indeed, a fight between the “children of light” versus the “children of darkness.”
The genocidal war waged against the people of Gaza since Hamas’s excruciating October 7th attacks against Israelis—attacks which amount to war crimes—has been the deadliest manifestation of Israeli colonial policies against Palestinians in decades. Some have long ago analyzed Israeli policies in Palestine through the lens of genocide. While the term genocide may have its own limitations to describe the Palestinian past, the Palestinian present was clearly preceded by a “politicide”: the extermination of the Palestinian body politic in Palestine, namely, the systematic eradication of the Palestinian ability to maintain an organized political community as a group.
This process of erasure has spanned over a hundred years through a combination of massacres, ethnic cleansing, dispossession, and the fragmentation of the remaining Palestinians into distinctive legal tiers with diverging material interests. Despite the partial success of this politicide—and the continued prevention of a political body that represents all Palestinians—the Palestinian political identity has endured. Across the besieged Gaza Strip, the occupied West Bank, Jerusalem, Israel’s 1948 territories, refugee camps, and diasporic communities, Palestinian nationalism lives.
What do we call this condition? How do we name this collective existence under a system of forced fragmentation and cruel domination? The human rights community has largely adopted a combination of occupation and apartheid to understand the situation in Palestine. Apartheid is a crime. It is a legal framework. It is committed in Palestine. And even though there is a consensus among the human rights community that Israel is perpetrating apartheid, the refusal of Western governments to come to terms with this material reality of Palestinians is revealing.
Once again, Palestine brings a special uncovering force to the discourse. It reveals how otherwise credible institutions, such as Amnesty International or Human Rights Watch, are no longer to be trusted. It shows how facts become disputable in a Trumpist fashion by liberals such as President Biden. Palestine allows us to see the line that bifurcates the binaries (e.g. trusted/untrusted) as much as it underscores the collapse of dichotomies (e.g. democrat/republican or fact/claim). It is in this liminal space that Palestine exists and continues to defy the distinction itself. It is the exception that reveals the rule and the subtext that is, in fact, the text: Palestine is the most vivid manifestation of the colonial condition upheld in the 21st century.
hat do you call this ongoing colonial condition? Just as the Holocaust introduced the term “Genocide” into the global and legal consciousness, the South African experience brought “Apartheid” into the global and legal lexicon. It is due to the work and sacrifice of far too many lives that genocide and apartheid have globalized, transcending these historical calamities. These terms became legal frameworks, crimes enshrined in international law, with the hope that their recognition will prevent their repetition. But in the process of abstraction, globalization, and readaptation, something was lost. Is it the affinity between the particular experience and the universalized abstraction of the crime that makes Palestine resistant to existing definitions?
Scholars have increasingly turned to settler-colonialism as the lens through which we assess Palestine. Settler-colonialism is a structure of erasure where the settler displaces and replaces the native. And while settler-colonialism, genocide, and apartheid are clearly not mutually exclusive, their ability to capture the material reality of Palestinians remains elusive. South Africa is a particular case of settler-colonialism. So are Israel, the United States, Australia, Canada, Algeria, and more. The framework of settler colonialism is both useful and insufficient. It does not provide meaningful ways to understand the nuance between these different historical processes and does not necessitate a particular outcome. Some settler colonial cases have been incredibly normalized at the expense of a completed genocide. Others have led to radically different end solutions. Palestine both fulfills and defies the settler-colonial condition.
We must consider Palestine through the iterations of Palestinians. If the Holocaust is the paradigmatic case for the crime of genocide and South Africa for that of apartheid, then the crime against the Palestinian people must be called the Nakba.
The term Nakba, meaning “Catastrophe,” is often used to refer to the making of the State of Israel in Palestine, a process that entailed the ethnic cleansing of over 750,000 Palestinians from their homes and destroying 531 Palestinian villages between 1947 to 1949. But the Nakba has never ceased; it is a structure not an event. Put shortly, the Nakba is ongoing.
In its most abstract form, the Nakba is a structure that serves to erase the group dynamic: the attempt to incapacitate the Palestinians from exercising their political will as a group. It is the continuous collusion of states and systems to exclude the Palestinians from materializing their right to self-determination. In its most material form, the Nakba is each Palestinian killed or injured, each Palestinian imprisoned or otherwise subjugated, and each Palestinian dispossessed or exiled.
The Nakba is both the material reality and the epistemic framework to understand the crimes committed against the Palestinian people. And these crimes—encapsulated in the framework of Nakba—are the result of the political ideology of Zionism, an ideology that originated in late nineteenth century Europe in response to the notions of nationalism, colonialism, and antisemitism.
As Edward Said reminds us, Zionism must be assessed from the standpoint of its victims, not its beneficiaries. Zionism can be simultaneously understood as a national movement for some Jews and a colonial project for Palestinians. The making of Israel in Palestine took the form of consolidating Jewish national life at the expense of shattering a Palestinian one. For those displaced, misplaced, bombed, and dispossessed, Zionism is never a story of Jewish emancipation; it is a story of Palestinian subjugation.
What is distinctive about the Nakba is that it has extended through the turn of the 21st century and evolved into a sophisticated system of domination that has fragmented and reorganized Palestinians into different legal categories, with each category subject to a distinctive type of violence. Fragmentation thus became the legal technology underlying the ongoing Nakba. The Nakba has encompassed both apartheid and genocidal violence in a way that makes it fulfill these legal definitions at various points in time while still evading their particular historical frames.
Palestinians have named and theorized the Nakba even in the face of persecution, erasure, and denial. This work has to continue in the legal domain. Gaza has reminded us that the Nakba is now. There are recurringthreats by Israeli politicians and other public figures to commit the crime of the Nakba, again. If Israeli politicians are admitting the Nakba in order to perpetuate it, the time has come for the world to also reckon with the Palestinian experience. The Nakba must globalize for it to end.
We must imagine that one day there will be a recognized crime of committing a Nakba, and a disapprobation of Zionism as an ideology brd on racial elimination. The road to get there remains long and challenging, but we do not have the privilege to relinquish any legal tools available to name the crimes against the Palestinian people in the present and attempt to stop them. The denial of the genocide in Gaza is rooted in the denial of the Nakba. And both must end, now.
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Chapter 1- I D.A.R.E. You
Summary: After starting your new job as a 3rd grade teacher at Alma Pierce Elementary School, you meet a handsome Javier Peña who has been forced to come give a presentation to your grade. Although you've never met him, you're shocked to find out you may have more in common than you'd think.
Warnings: Mentions of Javi's past work for the DEA, mentions of death and grief, language, financial compensation if you were subjected to the D.A.R.E program as a child, Javi's family friends giving him sass
Word count: 6.2K
A/N: Post Season 3 Javi lives forever in my brain, as the first chapter of this story takes place in Laredo, May of 1997. This man deserves love, and boy is he going to get it.
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“It’s your lucky day, Peña!”
Javier glanced up from the pile of paperwork scattered across his desk to acknowledge the voice coming from the doorway to his office.
“What do you want, Carter?”
Javier's voice half grunted in response, his eyes shifting back down to the pile of papers on his desk. In his doorway stood his office mate, Detective Eric Carter. When Javier began his new position with the Laredo County Sheriff's Department 4 months ago, it took everything in him to keep from calling his new co-worker Steve. At a glance, he looked just like his old DEA partner. Tall, lanky, with a wiry head of blonde hair and bright blue eyes. 30 seconds into meeting Carter, it didn’t take long to realize looks were about the only thing he and Steve Murphy had in common. Eric Carter was a human ray of fucking sunshine, and his chipper demeanor was blinding Javier this early in the morning.
“It’s your turn!” Carter replied in a sing-songy voice, slapping a red file folder onto Javier’s desk, covering the papers he had been sorting through. Javier picked up the folder and crinkled his brows in confusion. He turned the cover towards him, holding it just far enough away so that his squint trying to read its contents wasn’t too obvious. God, he just needed to give up and buy reading glasses already.
As he got the folder just the right distance away from his face, he gave Carter a look that said absolutely fucking not. The folder read D.A.R.E school assembly lessons, with a picture of the Lion mascot giving a big thumbs up in his black D.A.R.E shirt. The office had recently been recruited by Laredo Public School District to start giving presentations to the Elementary schools, using the program aptly abbreviated for Drug Abuse Resistance Education.
“Just take away the “R” and rearrange some letters and it spells DEA!” Carter laughed to himself. “It’s like it was made for you!”
“No.”
“Sorry Peña, you’re bottom of the totem pole this week. We’ve all done our time, and you’re the last one left in the office who has yet to go present. It’s not even that bad, you just basically go talk to these kids for an hour and tell them drugs are bad, don’t do them, yadda, yadda, yadda, you get the gist, and then it’s done. Piece of cake!”
“I’m not fucking going.” Javier scoffed. “I have shit I have to get done.” Gesturing in annoyance to the piles of papers on his desk, now in disarray from the folder being thrown on his desk.
“Not a choice, Mr. Peña.”
A new voice passed by the doorway, and a much broader frame stood behind Carter’s. Chief Deputy Dean Morris, had joined the conversation, knowing that it wouldn’t end easily for Detective Carter if he kept harassing Javier about it. Morris was head of the department, and what he said, went. Coming from a background in the Air Force, Morris knew how “civilian” a position at a sheriff’s department must have felt for Javier after his time in the DEA. 5 years ago, it seemed fair to think that neither of them would have assumed paperwork, mundane training programs, and now, arguing over talking to 10 year olds about the dangers of doing drugs would have played any importance in their jobs.
“Right of passage. Ever since the school board dropped this on us last year, we’ve all done our time. Believe me, no one wants to do it, but like Carter said, today is your lucky day!” Morris’s voice oozed with sarcasm, knowing that Javier would absolutely hate every second of what he was about to have to do.
“You lucked out on your day to go too, Peña. It looks like you get to go to the school with the hot teach-OW! Hey! What was that for?!” Morris had slapped Carter’s shoulder before he could get out the rest of his sentence.
“Keep it in your pants, okay Carter?”
Carter let out a huff of defeat. “I’m just saying, he could have gotten worse days to go…”
“Just read from the notes, let the kids ask a couple of questions at the end and then you’re on your way. Easy peasy. When you get to the school office they’ll let you know where to go.”
Javier opened his mouth to rebuttal, but before he could even get out a word, Morris held up his hand to stop him.
“Not a choice. I’ll have Carter help you finish sorting paperwork, so don’t try to bullshit me and tell me that you have too much work to get done.”
Javier let out a sigh of frustration that was a little louder than he intended it to be. His hands rested on his forehead as he rubbed the bridge of his nose before replying.
“Fine. But this is one and done.”
“Good man.” Morris reached over Javier’s desk and gave him a pat on the shoulder. He and Carter started to make their way out of Javier’s office when Morris turned his head over the back of his shoulder.
“Carter’s right about the teacher, too. She’s a catch.” He winked and shut the door behind him.
Javier gathered his things and made his way through the office, passing by Detective Carter’s desk.
“Have funnnnnnn! Say ‘hi’ to the hot teacher for me!” Carter mocked, twinkling his fingers, waving at Javier.
Without saying a word, Javier flipped him off, and kept walking.
Settling into his truck, Javier set down his belongings in his passenger seat, and opened up the red file folder to see where his unexpected journey was taking him.
This is fucking ridiculous He mouthed to himself as he cranked up the AC in the truck with one hand, and rummaged the other through the items on the seat. Reaching next to him, he grabbed and opened the folder, and grazed his index finger down the inside cover, where a schedule of schools, dates, and times were printed. At the bottom, he found
5/27/97- Alma Pierce Elementary School, 12:00-12:30 pm, school cafeteria
Javier’s heart sank to the bottom of his stomach. He read the line several times, re-checking the location and date to make sure what he read was true.
Fuck.
To any of his other co-workers who had been tasked with giving one of these D.A.R.E. presentations, the elementary school they were assigned to that day most likely held little to no significance. Of course, out of the 16 elementary schools in the Laredo Public School District, Javier was assigned to the one that held the most significance to him.
The school that his mother taught at for her entire teaching career before she passed away.
Since returning home from Colombia, Javier had been avoiding human contact like the plague. He had returned as somewhat of a “hometown hero” after his accomplishments with the DEA but couldn’t have felt further from it. He had become Laredo’s hottest topic.
“What was it like to help catch Escobar?! The Cali Cartel?!”
“We’re so proud of you, the DEA couldn’t have done it without you!”
“When are you going to come over and tell us all about Colombia? We want to know everything!”
Each question, compliment and conversation about his time in South America was like a knife to his heart, slowly twisting with each word that came out of someone’s mouth. He could feel the guilt and burden of his time away growing heavier and heavier as he politely smiled through these conversations.
But worse than the strangers who felt entitled to berate Javier about his time in Colombia, were his friends and family who he had been actively avoiding since returning home. Besides his father, Javier hadn’t seen anyone close to him since his mother’s funeral 8 years ago. It hurt Javier knowing that he had returned to Laredo a changed man, haunted by the things he had seen and done. His mother’s closest friends, those that she worked with at Alma Pierce Elementary School, had promised to fulfill Lucia Peña’s dying wish that they would look out for Javi and made sure that he came home okay.
Well, Javier was home. He wasn’t quite sure how to break it to them that he wasn’t really okay.
As he drove and parked in front of the school building, Javier’s heart began to beat heavier in his chest. His fingers drummed on the steering wheel as he started at the entrance to the school. He couldn’t decide if the feeling swirling around in his stomach was comfort or terror, knowing that Alma Pierce Elementary looked exactly the same as it did the last time he was here 9 years ago with his mother.
He did know that part of that feeling definitely had to be terror, as he began to think about the fact he was about to be interrogated relentlessly by his late mother’s closest friends. Might as well sign these women up to work for the DEA- they were probably more terrifying than anyone Javier had encountered in his time working there.
After a few more deep breaths, Javier gathered his things out of his truck and headed towards the main doors. Each footstep felt like he was walking through wet cement, questioning if it was too late to turn around.
Practically tip toeing in to the office, hoping to be as inconspicuous as possible, Javier let out a soft “Hi, I’m from the sheriff's department, I’m here for-“
Before he could even finish his sentence, the office secretary, a tiny and graying Señora Gutierez was thrusting her arms across the threshold of the office desk to wrap Javier in an impressively strong hug.
“JAVIER PEÑA. I cannot believe it’s you! oh my sweet mijo, look at you! The older you get, the more like Chucho you look, dios mio! Why haven’t you stopped by?! We have all missed you so much, what have you been doing? It is so good to see you!”
Here we go.
“Hola, Señora.” Javier half grunted from how tight he was being squeezed. “It’s nice to see you too.”
“I have lots to ask but I know you need to go, or they will know that this old woman has been running her mouth, making you late.” Señora Gutiérrez began shooing her hand, as to send Javier on his way.
Javier chuckled. He felt his body begin to ease slightly, letting the familiarity of friendly faces bring him a small sense of comfort.
“I would hope after this VERY LONG time that you have not been to see your mamà’s dearest friends, you still remember where the cafeteria is?” She gave Javier a playful grin.
“Sí, Señora.”
“Everyone will be so happy to see you, mi amor. Now go, or everyone will be after me for keeping you!”
Grabbing his things, Javier made his way down the bustling hallway. Tiny faces stared up at his, as he shuffled his way towards the cafeteria doors. There, he was greeted by a sea of children chatting amongst themselves and 3 smiling faces, patiently waiting for his arrival.
“JAVI!”
Out of any of the faces he was bound to see today, these were the 3 he would recognize anywhere. The ladies who stood before him were the fellow 3rd grade teachers who had taught alongside his mother for almost 20 years.
The ladies surrounded him in a bear hug, Javier quietly noting to himself that he had definitely reached his hug quota for the next several weeks.
“It’s so good to see you, Javi.” The first of the 3 women spoke, her words sweet like honey. Linda Garcia was short and stout, her gray bangs brushing over the brim of her glasses as she looked up at Javier. Linda had always had a soft spot for Javi, and reminded him the most of his mother.
“It’s good to see you t-“
“PENDEJO. WHERE HAVE YOU BEEN?! WHY HAVE YOU NOT CALLED?! WE SWORE TO YOUR LATE MOTHER THAT WE WOULD TAKE CARE OF YOU, AND IF IT WASN’T FOR CHUCHO KEEPING US UPDATED TH-”
“Maria, let the boy breathe, this is the first time you’re seeing him in years, and this is the route you’re going to take? Dios Mio.”
Standing next to Linda were her 2 partners in crime, Maria Rogers and Estelle Lopez.
If you didn’t know Maria Rogers, you would be shocked to see the ferocity that came out of such a tiny woman. Javier’s mother used to refer to her “el vòlcan”- a matching nickname for her fiery personality.
Estelle, on the other hand, was one of the most soft spoken people that Javier had ever meant. If she had something to say, he knew it was time to listen.
“Hi everyone, it’s really great to see all of you.” Javier meant it. As overwhelmed and flustered as he was, it brought him peace to know after the hell that these last 8 years had been, some things never change.
“MRS. ROGERSSSSSSS. WHEN IS THIS GONNA START?! I’M HUNGRY AND I KNOW LUNCH IS AFTER THIS.”
“BE QUIET, MICHAEL. YOU KNOW WE’RE STILL WAITING FOR ONE MORE CLASS. YOU’RE SO ANNOYING.”
“AM NOT!”
“AM TOO!”
Chatter and fidgeting amongst the 3rd graders instantaneously increased, the crowd of children now growing restless.
“Oi, these niños will be the death of me, thank goodness this school is almost done.” Maria mumbled under her breath, the other 2 teachers rolling their eyes and laughing in agreement. “We’re just waiting on one more class, but they should be here any minute.”
Overhearing the conversations shouted across the cafeteria, Agent Carter’s voice wandered through Javier’s thoughts.
“You get the school with the hot teacher!”
Obviously, Carter was not referring to the 3 women who stood before him. Although he wasn’t one for crude office banter, Javier couldn’t help but wonder if Carter’s statement really held true. With a genuine curiosity and a slight smirk on his face, he leaned back, arms crossed and asked, “Yeah wait, there’s still four 3rd grade teachers right?”
The women all shot him a look that took him aback, their eyes burning a hole though Javier.
“Jesus, you men really have a one track mind don’t you. Yes, I’m sure all of your friends from the department have been more than happy to tell you about our new teacher who just joined us. She is a sweet girl, and I am sure she is sick of getting harassed by all of you.”
“Maria, I was just asking a quest-“
“Javier Jesus Peña, I have known you since before you were born. Wipe that smug look off your face, I know exactly why you asked the question”.
Yup, things haven’t changed a bit.
Before he could retort, the cafeteria doors began to swing open, followed by a long line of children, and you.
“1, 2, 3, eyes on me!”
“1, 2, eyes on you!
God, the amount of times you’d had to repeat that phrase as the end of the school year approached, you might as well have gotten it tattooed on your forehead.
“Okay 3rd graders, we’re already 5 minutes late for our assembly, and I’m sure the other classes are not going to be happy that we’re holding them up, and probably making us late for lunch after”
The chatter stopped. With only a few days left in the school year, you were running out of ammunition to keep your class’s attention. At least the threat of being late to unch would work for now.
A little hand shot up from the middle of the line you were about to trail down the hallway, like a mother duck with her babies following in line. “What’s your question, Jaun?”
“Do you know if it’s gonna be the same guy as last time? He was kind of scary.” Mumbles of agreement came from the voices surrounding him. The Laredo Sheriff's Department had sent in a slew of their employees each week for these presentations, and you had been convinced none of them had ever even attempted to talk to a child. Last week’s presenter, Martin, Michales, something like that, had spent the large time of his presentation talking about getting murdered by the Cartel, leading to tears from many of your students, and a prompt request to not have him back.
“I don’t know sweetie, it seems like there’s someone new who comes every week, but I sure hope it’s not him.” The class let out a small giggle. These were the moments you loved about your job as a teacher, especially now that you had moved to an older grade where your kids finally picked up on your subtle jokes with them.
You had been with your class since after Christmas break, filling in as a long term sub for a 3rd grade teacher on maternity leave. The job followed an impromptu move from Chicago to Texas after breaking off your relationship with your boyfriend (regrettably, almost fiancé) of 3 years, who had been cheating on you behind your back for 2 of them. You felt like an idiot that you hadn’t seen it coming, but it still hit you like a ton of bricks. Paul had plenty of red flags, but your optimistic demeanor and the mounting peer pressure of watching your friends get married and start their own families made you feel trapped. It still stung to think you would have settled for a miserable life with Paul out of the fear you wouldn’t find anyone else.
Desperate to get as far away from Illinois as possible, you packed your bags and made the nearly 4 day drive down to Laredo, Texas. Laredo, a strange choice to many, but made nothing but complete sense to you. Your best friend since the 2nd grade, Sarah Alverez, had moved to Laredo your Freshman year of high school, her father accepting an agricultural engineering position in ranching country. You spent every summer until college visiting her and her family, having nothing but the fondest of memories for a sleepy town outside of San Antonio. It was a stark chance from the hustle and bustle of Chicago suburbia where you had spent your childhood. Long, carefree summer days made you promise yourself that if you ever did leave Chicago, you’d find yourself here. Well, you had made good on your promise, but for reasons that still made your stomach churn in gut-wrenching knots.
You and your class journeyed down the hallway to the cafeteria. Thank god it was a short trip, because you were far too tired to put up with the bickering and shenanigans the back of your line often seemed to plague you with. Just as you were entering through the cafeteria doors, you promptly turned around, your body facing the line as you walked backwards further into the cafeteria. “Isabella and Jorge, keep your hands to yourself! You two know you’re not supposed to be in line togeth-” Before you could finish your sentence, the back of your body collided with one behind you that you hadn’t seen since turning around to stop a near WWE smackdown in the hallway. You had bumped into kids more than once who weren’t paying attention to their surroundings, but it became very clear, very quickly, that the body you had backed yourself into was not a child’s.
The body you had backed yourself into was much taller and broader than yours. Two large hands firmly, but gently grasped around the middle of your upper arms to catch you without stumbling backwards any further. An overwhelming scent of cedarwood and sage cologne filled your senses. This obviously was not one of your coworkers, either.
“Oh my gosh, I am so sorr-“ you started to apologize as you came to face the body that had stopped you in your tracks. Your apology halted as you were met by incredibly broad shoulders covered by a navy blue suit jacket. As your gaze continued upwards, the shoulders were followed by a strong square jawline and plush lips, the upper covered with an impeccable mustache. Continuing up, you were met with the most beautiful, deep chocolate brown eyes, whose soft stare soon met yours. There was no denying that this man was devilishly handsome. Realizing that you had most definitely been starting too long, you restated your apology. “I’m so sorry, I didn’t realize you were behind me.” Your eyes shifted away from his and darted down to the floor.
A small smirk formed on his face as he looked down at you. He didn’t realize it, but he couldn’t help it. You were wearing a yellow sun dress that hit just above your knees, covered by a light washed denim jacket. Your dress swayed beautifully as he watched you take your last few steps backwards, making him question himself if he let you run into him on purpose. You smelled like vanilla and something sweet that he couldn’t quite put his finger on. Pink embarrassment flooded your cheeks as a soft smile on your face met his. He now too realized that he had been staring a little too long, and that he still had his grasp on your arms as you had turned around to look at him.
“No it’s okay.” He let out a small laugh under his breath. “I just didn’t want you to go too much further and trip over anything else.” He gently let his hands leave her arms, and watched as she brushed a piece of hair out of her face and looked back up at him.
“Should we go sit down now?!” A small voice shouted from your line, causing you to snap back to reality, realizing that you had a line of children still standing behind you.
“Yes, sorry sweetie” you replied, brushing your dress down back into place. “You guys can go find a spot behind Mrs. Rogers’ class.” Your class passed by you, paying no mind to the interaction that just took place between you and the man you had just bumped into.
As you watched your class pass by, you turned back around to find the man still staring at you, causing your heart to palpably beat in your chest. The same strong hands that had caught you were now extended in your direction, offering a handshake to introduce himself. “I’m Javier Peña, uh Javi, actually” as your hand met his, realizing how small they felt in his grip. “I’m from the Laredo Sheriff's department, I uh, I’m the one that’s supposed to be doing the whole presentation thing today.” Your hand stayed in his as you introduced yourself. God, his hands were something else.
His grip loosened as your co-workers began to move towards you. You began to realize how hot your face felt, knowing that you were flushed with embarrassment not only from almost falling into a crowd of 10 year olds, but from how awe struck you were by the man who had caught you.
The three women on your 3rd grade team had taken you in as one of their own when you started your job here. They had been more than happy to step in to help you with whatever you needed, including trying to set you up with every single man your age that they knew. With the exception of the parade of overly forward sheriff's department members who had been at your school every Wednesday. Those 3 had no problem telling those men to fuck right off and leave you alone (in the nicest way possible.) The ladies slowly crept closer towards you, sly grins stretched across their faces as they giggled like school girls.
“OH, so it looks like you met our sweet Javier!” Linda said with over exaggerated enthusiasm.
“Sweetie, you’re SO good with the technology around here, you know how us old ladies are. Maybe you could help him set up the video he needs for his presentation today?” You knew damn well these women knew how to press play on a VCR. You grimaced your face at Maria. While you couldn’t see your face, you were absolutely positive your expression was screaming “Oh my God, could you please make it any more obvious that this man is insanely attractive and you don’t need to add to the embarrassment after I already ran into him like an idiot?!”
“Yeah, of course, I’d be more than happy to help!” You pointed towards the stage that sat in front of the cafeteria. “Just come this way and I’ll show you how to set it up.”
Following behind you, Javier leaned his head down towards yours. “Must be the most complicated VCR set up I’ve seen in a while.”
You let out a giggle. “Yeah, they're all very sweet, but not the most skilled with anything that has to do with technology. When our principal had mentioned the idea of us potentially getting a computer lab, they just about had a heart attack. Setting up the TV to play a video should be no problem.” You gestured towards the stage at the front of the cafeteria where the TV cart was kept for presentations. He followed behind you, keeping a respectful distance. Not respectful enough to keep himself from staring at the curve of your ass in your dress as you walked up the stage stairs.
“Do you have the tape you need to show?” Your words went in one ear and out the other. Carter and Morris weren’t kidding. He hated to admit that those idiots were right about anything, but God, you were beautiful. His gaze was locked on you as squatted down next to the VCR, ejecting its previous contents. It seemed in that moment that you very much both realized that when Javier stood in front of you, you eye level with his waist, staring up at him, dangerously close to his coc-
“Uh, yeah, yeah sorry,” he shook his head slightly to snap himself out of the thought he was about to have. “Thanks.” he smiled sheepishly.
“Well I’m no technology expert, but all you should have to do is press play wherever you need to, and you should be good to go! Let me just roll this cart out for you and we’re good for you whenever you’re ready!” You began pushing the cart out onto the stage, but before you could get anywhere, Javi had his hand over yours.
“You don’t have to do that. I’m sure it’s probably heavy, I can push it.” He insisted.
You raised your eyebrows and gave him a look that made him step away.
“What, you think I can’t do it?” Defiantly, you pushed the cart out to the middle of the stage to prove a point, looking back at him and shrugging with an “I told you so” look on your face. Any other woman he had met would have thankfully given up the task, let alone offer to do it at all. At that moment, Javier Peña knew you were not just any other woman. And that- that terrified him in the best way possible.
Just before you hopped off the edge of the stage to re-join your class, you looked up at him as he ran his fingers through his locks of thick, curly brown hair, trying to regain his composure.
“Good luck up there, Mr. Peña.”
Javier couldn’t even tell you what had happened in the 30 minutes that he was up on stage. There were many times throughout his career where he had stared out into a sea of blank faces as he gave a presentation about intel, informats, wire taps… but having the eyes of 80 9 and 10 year olds glued to his every word was an absolutely terrifying experience. Not because he was nervous about the judgment of a child who may or may not even be able to tie their shoes or wipe their nose, but because of what they may say about him to you. It took everything in his power not to stare at you the entire time he was up there, but every time he glanced in your direction, your face lit up with a reassuring smile. You had even given him a little thumbs up when he had successfully started the VCR, playing a clip of Daren the D.A.R.E Lion.
As the presentation finished, the kids applauded and gave a unanimous “thank you!” prompted by the teachers.
As your class gathered behind you to walk down to the cafeteria, Maria tapped your shoulder.
“Take a picture, mija, it will last longer.”
You were too busy staring at Javi to even notice that Maria was talking to you. Her words went in one ear and out the other.
“Huh, what? Sorry, did you say something?”
“I said, take a picture, it will last longer.” Maria laughed to herself. “I don’t think your eyes have left him once since you walked in here.”
You hated to admit it, but it was true. You had known this man for less than an hour, and he already had butterflies dancing around in your stomach. God, what were you, 12?! Pull it together.
“I don’t know what you’re talking about Maria.” Of course you did. If you were wearing pants, they would be up in flames. Liar, liar, pants on fire.
“I’ll take your class to lunch today. I’ll be back to help stack all of the chairs in a few. I’m sure he could use some help cleaning up, and I’ve heard that VCR is really difficult to work.” Maria nudged you before she turned around to collect your class and parade them out of the gym. “Don’t do anything I wouldn’t do.”
Trying to contain your excitement, you playfully rolled your eyes and shook your head.
The other teachers and students left, leaving just you and Javi. He gathered his things that he had left on the stage and started to make his way back down the stairs. It took him a moment to realize you were standing at the edge of the steps, arms crossed over your chest, smiling up at him.
“I’m sorry if the kids were rowdy. It’s been a zoo since there’s only a few days of school left.” You both let out a small chuckle. Now that you two were alone, you became very aware of how nervous you were.
“You did a really great job! Honestly, you’re the best person we’ve had since we’ve started doing these presentations. The guy we had last time, I can’t remember his name, something with an M?! Anyways, I don’t think he’s ever spoken to a child in his entire life, and there were definitely some tears.”
Definitely Morris, Javi noted to himself.
“Thanks, I uh- didn’t think I’d be so nervous to talk in front of a bunch of kids. I’m glad it wasn’t too bad. I should thank you for helping me with that video. Didn’t need to get my pride bruised in front of 10 year olds. Also glad I didn’t make anyone cry.”
You both let out small laughs, your cheeks revealing small smiles across your faces. While the silence between you grew, the distance between you began to shrink as you both subconsciously took a small step towards each other.
He watched as a small wave of sadness flooded your expression. “Stinks that this is the last week of presentations before the school year ends. it would have been nice to have you back.” You looked at him with a half hopeful smile. You saw the same feeling reflected back in him as his brow scrunched and bottom lip entered a small pout.
“Oh shit. Yeah, I uh, I guess I forgot it’s the end of the school year. That would make sense there wouldn’t be anymore presentations.” He rested one hand on his hip, as the other traveled through his thick, brown locks. You bit down on your bottom lip, stunned by his broadness and shoulders to waist ratio, which was made even more apparent as his fingers combed through his hair. His deep brown eyes met yours, melting you instantly. “If I had known that you would have been here, I would have signed up to come a lot earlier.”
Before you had a chance to recover yourself from the puddle you had just turned into, the cafeteria doors swung open once again. Maria was a woman on a mission. Her tiny, thin frame marched with purpose towards you both.
“Oh good thing I caught you, amor! I was just thinking that I had something important to tell Javier before he left and I’m so glad you’re here to hear it too. Javi happens to be a dear familiar friend, and I was just telling him before the presentation how excited I am to see him and his father at my cookout this Saturday! I know you had mentioned you were thinking about going! You’ll be there, won’t you Javier? Aren't you so excited to come to the party this Saturday?”
Maria and Javier entered a silent stare down. Their expressions allowed them to have an entire conversation without speaking a word.
There’s a party on Saturday? What are you talking about? What does this have to do with anything?
Dios Mio, Pendejo. Take the hint. I already invited her. She will be there on Saturday so you can see her again. Don’t mess this up.
“Oh really?” You chimed in, perhaps a bit too over enthusiastic. “I wasn’t really going to know anyone besides the staff at school, so it would be nice to see another familiar face!” In all honesty, you were trying to find a way out of going before just now. Huge social gatherings of strangers weren’t really your thing, but if it meant it was a chance to see Javi again, you would brave it.
“Oh yeah, the uh, the cookout! Yeah, uh, yeah, I’ll be there. It would be really nice to see you again, too.” Although Javier’s tone carried a tint of confusion, his smile was confirmed that his statement was genuine.
“Bueno!” Maria clasped her hands together and shook her head in delight. “So you will BOTH be there on Saturday!”
You could already feel your heart swelling at the prospect of seeing Javi again.
“Oh and mija”, Maria turned towards you, your face lighting up, wondering if she had even more good news to deliver. “They need you in the office. Isabella and Jorge got into a wrestling match in the cafeteria and the secretaries needed to call their parents. Oi, these niños are like wild animals, summer cannot come fast enough!”
“Of course they did. They might as well put WWE referee under our job description because it seems like that’s all I’m doing all day. It’s like herding feral cats.” you groaned. “Those two cannot be together next year…”
Javi let out a snort. “Sorry”, he said, trying to contain his laughter. You joined in, realizing the ridiculousness of your statement.
“Alright, well I guess that’s my cue to go. It was really nice to meet you, Javi. I’m really glad I get to see you again.” It took every ounce of strength in your body to move yourself out of the cafeteria doors. As you walked away, you turned once more to look back over your shoulder, to find that Javi’s eye’s hadn’t moved from your direction since you turned around. “See you on Saturday.”
Even after you were out of sight, Javi still stood frozen, his eyes wide and jaw still half open.
“Hola, earth to Javier, are you there?!” Maria interjected, waving her hand in front of Javi’s awe struck face.
Snapping out of his trance, Javier began to speak, but was stopped before he could get out a single word.
“Listen to me mijo. I want you to be happy. That was all Lucia asked for before she passed. So first and foremost, you are welcome.” Maria gestured, alluding to the fact that Javier owed her big time for what had just happened. “Secondly, she is a sweet girl. If you do anything to break her heart, so help me, I will come to the ranch and run you over with your father’s tractor. Understood?”
“Understood.” Javier understood that this was not a threat, it was a promise.
“Good. She’s a good one, Javier. She reminds me so much of your mother. Lucia would have loved her.” She reached up her hand to cup the side of Javi’s face, before bringing her other arm around him for a hug.
Javier exhaled, trying his best to hold back the tears that were welling in his eyes. It was the first time since returning home that he felt a sense of relief and comfort fill his body. Maybe, he was more than the man he was returning home from Colombia. Maybe, the people who loved him before he left still loved him now, despite the person he’d become. Maybe, just maybe, someone else could love him for the new man he now hoped to become.
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