The writers have continuously failed to give Tess her own clear cut identity and this is now just the latest in a string of "add-on" plots to her character. I cite Tess Mercer as case a in the trial against "Smallville" for a microcosm of their inconsistency. She has now grown from mysterious protege of Lex's to maybe helping Clark maybe a good guy, to taking over LuthorCorp with Ollie, to surprise Checkmate agent, and now this. Lionel's gotten around hasn't he? Basically have ruined one of my favorite characters on the show now.