JAG (1995–2005): Season 10, Episode 2 - Corporate Raiders - full transcript

( woman giggling)

SHEEHY: Sounds
like our Kurdish boy's

breaking a few Islamic
laws, Lieutenant.

Dude sneaks out at night

with only four bodyguards.

Hope the wild
burkha sex is worth it.

DiTULLIO: Well, I hate
to break it to you, Gunny,

but Kurdish women
don't wear burkhas.

Can't believe we're holed
up in this meat locker,

chaperoning this bozo.

Bad guys, Lieutenant?



Gate-crashers, Lieutenant.

( gunshots)

( shouting)

( groaning)

Get on the horn!

Tell 'em we need air
support and a medevac!

( grunts)

Sheehy! Sheehy!

No!

Base, this is Winchester-Six!

Request air support
and emergency medevac!

Sector Alpha-Two, over!

Damn it!

( man shouting outside)



Cease fire! Friendlies!

Hold it! Friendlies!

They must've recognized
our muzzle flashes.

If they're friendlies,
Lieutenant,

who the hell are they?

You took the stairs?

Yeah. Exercise is
good for the spirit.

How's your head after
taking that nasty hoof

from Tanveer to the temple?

Nothing a little ice pack

and a few ibuprofen can't fix.

What about your heart?

That's off-limits.

Hey, I was thinking that,
uh, maybe we should keep

last week's excitement
to ourselves, you know?

At least away from Turner.

Well, not reporting to our new
and thankfully temporary boss

is definitely an idea
I can get behind.

You heard from Mattie?

Well, she, uh,
spent an extra week

in Blacksburg with her dad,

but she's coming
back tomorrow night.

You must be excited.

Oh, I'm picking her
up at the bus at 6:00.

We're going to go
home, have a little dinner,

spend a quiet evening.

You're cooking.

It's been known to happen.

It's good for the spirit.

You ought to try it sometime.

Good to see you two
in the office, bright-eyed.

Sorry to disappoint
you, Sturgis.

Not at all.

I heard, uh, Krennick

is no longer in the picture
for the new JAG position.

Harm's very disappointed.

Well, until a decision's made,

we're all in "wait
and see" mode.

We'll all just have to
keep this ship afloat, huh?

And here I thought
you bubbleheads liked

to lie on the bottom.

I need you two
in my office ASAP.

0130 Zulu, Friday.

Marines providing
security for a Kurdish leader

were caught in a firefight.

One Marine was killed.

Who was the firefight with?

Looks like possible

friendly fire from
our new comrades,

the Iraqi Civil Defense Corps.

The Kurdish leader, Mr. Aziz,

also had bodyguards.

They might've set it off.

What were the
Iraqis doing there?

They're pursuing

a terrorist insurgent.

Seems they had
bad intel and mistook

the Kurdish leader
for their target.

Why do I get the feeling
there's more to the story?

The Iraqis were being
advised at the time

by private military contractors.

The lead advisor
is a retired Marine,

Sergeant Major Thomas Elgart.

His team and the Marines
have been recalled.

Given the sensitivities,

delicacy will be required.

( monitor beeping)

RABB: What was
your mission, Gunny?

We were tasked with
providing shadow security

for Mohammed Aziz.

He's a big Kurdish
mucky-muck, sir.

A mucky-muck with bodyguards

who weren't up for the job?

Sir, those guys
couldn't provide security

at a Celine Dion concert.

Why do you say that?

There've been a bunch
of attempts on Aziz.

He's been ambushed by
Fedayeen, bombed by Baathists.

Last week, a bullet came
within an inch of his head.

You see, the Kurds are
pushing for autonomy

in the new government.

Aziz figures to be running

their new oil industry
if that happens,

and that puts a
target on his back.

And your fire team in
harm's way, protecting him.

If we had been
out in front, sir...

instead of covering him...

the Iraqis would've seen us...

and none of this
would've happened.

Why wasn't your
fire team out front,

providing primary security?

DiTULLIO: That's
just how it is, Colonel.

We want to support the
Iraqis, provide security,

but not look like
an occupation force.

Who engaged whom, Lieutenant?

My men are disciplined, ma'am.

They know to hold their
fire until my command.

So, you believe
the Iraqis fired first?

They, or their
advisors, Colonel.

Did you know there was

an Iraqi Civil Defense
unit in the area?

No, ma'am.

We'd had radio troubles.

I never received word
from headquarters.

If I had...

Maybe the corporal
would be alive?

He left a widow.

Barely married a year.

He invited me to the wedding,

and I promised his wife that
I would bring him home safe.

Don't be so hard on
yourself, Lieutenant.

Hard not to be, Colonel.

Still...

the cardinal rule
of combat, ma'am:

know who you're firing
at before you open fire.

My men did their job.

As for the Iraqis...

You ask me...

those advisors...

They weren't advising too well.

You know that for a fact?

No, ma'am, but
those "rent-a-grunts"...

They... they don't
hold themselves

to the same
standards that we do.

( sighs)

( gunfire)

MAN: Fire, cease fire.

Clear and lock all weapons.

Once you have a
complete safe weapon,

you may leave the firing line.

Surprised the
Marines let you in here

dressed like that,
Sergeant Major.

All due respect, Commander,

I'm surprised they let
a Navy officer in here.

I'm investigating
the incident in Kirkuk.

You were there,
advising the Iraqis?

That's affirmative, sir.

Care to define
"advising" for me?

I work for
Battlefield Solutions.

My team provides training
in weapons, electronics,

leadership skills in the field.

So you were providing
lessons in the field?

Sir, in Iraq, leading
and advising

are often one in the same.

Did you inform
Marine headquarters

of your movements? I did.

Well, how'd the firefight start?

Well, it was dark.

Pipeline attacks in the area

filled the battlefield
with smoke,

made it tough to see, but...

all I know is those Iraqi boys

I was advising did not
engage until engaged.

So you're saying
the Marines fired first?

Maybe. Maybe one of
Aziz's bodyguards got jumpy.

Somebody did.

You know, I'm not sensing
a lot of remorse in your voice.

Well, sir, there's a difference
between remorse and regret.

I've been war-fighting
a long time.

I am sorry about what
happened to that boy,

but in combat, people die.

In the fog of war,
errors occur on all sides.

Be careful how loudly
you blame the Marines.

There's a lot of loaded
weapons around here.

Just telling the truth, sir.

Look, I may be a paid gun,

but my allegiance
is to my country.

My roots are in the
Corps... 22 years enlisted.

Now, the facts are in
the after-action report

I filed with my employer.

I suggest you read it.

MacKENZIE: We
interviewed the Marines.

They all said they
didn't fire until fired upon.

The same goes with
the retired Sergeant Major

and his team of advisors.

They all filed independent
after-action reports

claiming they followed the
rules of engagement to a "T".

Huh. Sounds like a friendly
fire incident, plain and simple.

Those are the
after-action reports?

What are the
blacked-out sections?

CIA controls all information

regarding private
contractors in Iraq.

Something bothering
you, Colonel?

Lieutenant DiTullio.

He seemed to have
a problem with the role

of the advisors in all this.

Well, I don't doubt it,

considering one of
his men was killed,

but, uh, from what you've
told me, I see no culpability.

Agreed?

Something bothering you, Mac?

No. Nothing.

I'd like your reports on my desk

by end of business, tomorrow.

Good to be the king, huh?

Excuse me, Colonel MacKenzie?

Yeah. This is Mrs. Sheehy.

Ann. Corporal Sheehy's widow.

Thank you, Petty Officer.

I'm so sorry for your loss.

I understand that
you're conducting

this investigation,
and... I was hoping

that I could ask
you some questions.

All I can say is that for now,

it looks like what
happened was...

a regrettable mistake.

This in no way diminishes
your husband's sacrifice

or my sorrow for your loss.

I don't want your
sympathy, Colonel.

I want justice.

I understand...

No, I don't think you do.

You're wrong if you
think what happened

to my husband over
there was a mistake.

My husband was
murdered, Colonel,

at the hands of some very
trigger-happy mercenaries...

Soldiers-of-fortune.

You don't believe me?

I have proof.

It's all in here.

MacKENZIE: Since Commander
Rabb is also investigating,

I've asked him to join us.

My condolences, Mrs. Sheehy.

I, uh... I've spoken
with members

of the Corporal's unit.

They... they describe him as
a good man and a fine Marine.

He's a good husband, too.

When Paul went to Iraq,
he promised to e-mail me

as much as he could.

They're how I know his
death was no accident.

Colonel MacKenzie said that,
uh, he described many incidents

involving private
military contractors.

That's right. See, I told Paul

that I didn't want him
sugar-coating for my benefit.

I wanted to know what
was happening over there.

So, he told me.
I mean, it's all...

It's all here.

"4 May.

"It's another crazy
morning, honey.

"Our mercenary
friends are at it again.

"They sped into the village
that we were patrolling.

"They needed
fuel for their SUVs,

"so they hijacked a gas station.

"They almost caused a riot.

( sniffles)

"We held back the mob,

"lots of locals with
serious fire power.

"The Lieutenant told the
cowboys just to gas up and go.

I thought for sure
we'd get shot at."

"12 May.

"Caught one of the rent-a-grunts
pistol-whipping an Iraqi.

"I ordered him to stop.

"He aimed his weapon at me.

"I raised mine.

"Finally, he backed down.

"These guys have no
respect for military rules.

They're dangerous."

Now they're guilty of
murdering my husband.

Ma'am, we appreciate
you coming forward

with this information. Um...

But...

Previous conduct

by unnamed military contractors
does not qualify as evidence.

Yes, but Paul named
Battlefield Solutions

by name, Commander.

The man who pointed
the gun at him was retired

Sergeant Major Tom Elgart.

We understand your anger,

Mrs. Sheehy, but
military rules of evidence

severely limit
admissibility of prior acts.

What, so you won't do anything?

But I...

I have these letters.

I'm sorry.

I don't know what the law says.

But what does it say
about us when we are willing

to send our men and women
over there to defend us,

but we're not willing
to defend them

when they're threatened
by some gun-toting cowboys

hired by our own government?

How can you let that stand?

( sobbing)

She got to you, didn't she?

This isn't about me, Harm.

This investigation isn't over.

Look, listen to this e-mail.

"28 May. Last night we
stumbled on an Iraqi C-D-C unit

"hunting Fedayeen,
almost engaged them.

"The Lieutenant got into
it with the lead advisor,

"the same former Marine
I had my showdown with.

I swear, sooner or later,
one of us is gonna get killed."

We're still talking
past acts, Mac.

It's a carbon-copy
incident, Harm,

one week before
Corporal Sheehy died.

Now, that says
pattern of behavior.

Now, they're a
bunch of hired guns

putting innocent civilians

and our own military
people's lives at risk.

Private contractors are
out of our jurisdiction.

The facts aren't.

All I'm suggesting is a
visit to Elgart's bosses

to sort this out.

RABB: Thank you for seeing us,

Commander Merrick.

The Colonel and I
were quite surprised

to find your name listed
as CEO of the company.

( laughs): Well, it
still surprises me.

By the way, please
lose the "Commander."

I hung up my uniform
some time ago.

Three-and-a-half
years, as I recall.

Your court-martial
for the collision

with the destroyer is a
case we wish we'd won.

Well, you did keep me out of
Leavenworth, thank goodness.

And I haven't done half
bad since I've left the Navy.

No, 150 million in revenues
last year is not too bad.

War looks pretty
clean around here.

Oh, no, sir. There's
nothing clean about the war.

You know that, Commander.

Your company's
been involved in Iraq

from the beginning
of hostilities, correct?

Well, in the first few months,
we concentrated on logistics...

Laundry, meal service,
vehicle maintenance.

Those things the
military contracts out?

Well, since the
post-Cold War cutbacks,

small private firms like this
have become a necessity in war.

There are thousands
of contractors

in Iraq right now.

They're not just washing clothes

and serving MREs, either.

No.

Uh, more recently,
we've been involved

in intelligence
gathering and training.

They're ready for
you, Mr. Merrick.

Let them know
I'll be right there.

All right. Thank you.

What is your opinion
of Tom Elgart?

Well, I hire the best.

They're all former military.

Pros, and for that, I
pay them very well.

150 grand a year, plus benefits.

I give them stock
options, 401Ks.

Well, beats base pay for
senior enlisted, doesn't it?

And the military spit-shine
so many of these guys

grow tired of.

Well, one man's spit-shine

is another man's good
order and discipline.

I know plenty about good order

and discipline, Colonel.

I know. We watched you
fall on your sword once

to protect your subordinates.

You sacrificed your career.

Well, I have another career now.

Um, I know why you two are here.

I received a letter this morning

from Corporal Sheehy's widow.

You deny the charges?

No.

Nor will I confirm them.

If my men have been
crossing the line in Iraq,

I will get to the bottom of it.

Well, where do
you draw your line?

My people aren't directly
subject to the UCMJ,

but they are accountable.

They adhere to
strict rules of conduct

set forth in our company's
contractual agreement

with the Pentagon.

I'd like to see that agreement.

Okay. I'll make sure
you get a copy of it.

Trust me, if there's
been wrongdoing,

Tom Elgart's gonna wish

he had the UCMJ on his side.

Whoa! Easy on the peanut oil!

Sorry, sir.

I had no idea a nut product
could be so combustible.

It's under control, though.

Hey.

Hi, Mattie.

You take an earlier bus?

I caught a ride.

Evening, Commander. Hey, Tom.

I've got a couple days
business up here in town,

so thought I'd
drive Mattie myself.

Oh, good. Join us for dinner.

You're cooking?

We wanted to surprise you

with a welcome home dinner.

Oh, sorry. I didn't
mean to impose.

You're not imposing.

That's okay. We've
already had a nice long visit.

Dumping me on the doorstep?

Hardly. I just think that the
sooner you settle back in

with the Commander and
Jennifer, the better, that's all.

I can't see how a little dinner

is gonna stand
in the way of that.

I could use some help.

Come on, Dad.

You need to eat.

Come on. Come on.

Okay. ( laughter)

ROBERTS: I hate
to do this to you, sir,

but I have finished
the requisition reports,

and I need your signature.

Did the Admiral ever complain

of carpal-tunnel syndrome?

SEALs don't complain, sir.

Any new word on
the next JAG, sir?

Rumor mill's still turning.

Well, I better get out of here.

Harriet wants me to
pick up some, uh, goulash

and a jar of gherkins.

She having cravings?

Actually, they're for me, sir.

Good night, Commander.

Good night, sir.

Bud?

Do you have a problem
with my management style?

No, sir.

I think that your style is, uh,

very straightforward, sir.

You being diplomatic,
Mr. Roberts?

I don't know how
to answer that, sir.

I seem to have run afoul

of my old colleagues
here at JAG.

Well...

sometimes there's not
a lot of room at the top

for friendship, Commander.

TOM JOHNSON: That
was quite a dinner, thanks.

COATES: No, thank you.

I was headed for disaster.

MATTIE: Hmm. When I was a kid,

almost every Saturday,
Dad would cook.

Tom, you said you were
in town for business?

Yup, got appointments
at a few banks.

Trying to secure a loan

to start up Grace
Aviation again.

We went out to the airfield.

Hangar's under new ownership.

We talked to the manager.

He said he'd cut us a deal,
rent it to us at the old rate.

Grace Aviation
will be flying again.

Wow, you two have
been busy, huh?

Mattie's been a big help.

COATES: So that explains

the extra week in Blacksburg.

And here I thought you were
delayed because of a boy.

That, too.

TOM: Well, don't
worry. Mattie knows

it's time to get
back to the books.

Boys and airplanes are
just going to have to wait.

There's always e-mail.

SHEEHY: I appreciate
your help, Colonel.

Not a problem.

About the other day...

I'm sorry if I was out of line.

No, you weren't.

What you said was true.

It's up to us to make sure
your husband didn't die in vain.

Thank you.

What's going on, Mac?

Just giving some legal advice.

She's considering a civil suit

against Battlefield Solutions.

Is that her idea or yours?

I read over Battlefield Solution's
Pentagon contract, Harm.

The past few months,

Tom Elgart has violated at least
a half a dozen rules of conduct.

All that matters
is what happened

four days ago in Kirkuk.

I know, but that's
the damning part.

Tom Elgart sent a message to
Marine headquarters in Kirkuk

detailing the Iraqi
troops' movements.

Yeah, it was in his
after-action report.

Yeah, one detail he left out.

He never waited for
confirmation that headquarters

had notified Marine
units in the field,

a violation of his
company's policy.

What else?

Well, Marine eyewitnesses
reported that Elgart

was carrying a weapon.

Another violation.

Mac, I'm not trying
to stick up for the guy.

However, he was
operating in a war zone.

Negligently.

What happened was tragic.

However, Elgart is
out of our jurisdiction.

He's Battlefield
Solution's problem now.

Retired Commander
Merrick was a hell of a skipper

when he was in the Navy.

He's an honorable man.

We can trust him to
investigate his own people.

Fine and then what?

A Marine dies, and
Tom Elgart gets fired?

That's it? What
are you suggesting?

We have a SECNAV authorize
prosecuting a retired Marine?

Were you two planning to tell me

you were still pursuing the
friendly fire incident in Kirkuk?

We just assumed
you would endorse

our continued due diligence.

I am not laughing, Harm!

I just got a call from SECNAV,

asking why we're investigating

one of the Pentagon's private
military contractors in Iraq.

I did not have an answer!

Sturgis, I think we have a case.

I'm not so sure we do.

I agree with Harm

for a change, but
SECNAV doesn't.

Headquarters Marine Corps

forwarded Ann
Sheehy's allegations

to his office, along
with preferred charges.

He's directed that

retired Sergeant
Major Elgart report

and appear at court-martial.

Don't look at me.

It seems retired
Commander Merrick

was sufficiently distressed

by the behavior of his employee
that he made the call himself.

Colonel, you'll prosecute.

Commander, you'll defend.

Oh, I'm not so sure

the Retired Marine
Sergeant Major

is going to appreciate
that decision.

He's the one who requested you.

I suggest you get your client

a haircut and a shave

and tell him to get
his uniform pressed.

Proceedings begin Monday, 0900.

RABB: I'm surprised you
requested me as defense counsel,

Sergeant Major...

Facing negligent homicide,

I'd rather have you in my corner

than some legal weenie
devil-I-don't-know.

I'll take that as a compliment.

You can take this as a
warning, Sergeant Major.

Flash that attitude on
the stand and we're done.

I know only one
way, sir... truth.

Yeah, you said that last time.

Before you neglected
some, uh, important facts.

You're referring to Mrs.
Sheehy's allegations.

Among other things.

You try being a
hired gun in Iraq, sir.

The enemy doesn't play by the
rules, so we have to bend them.

By driving recklessly
through villages,

armed takeovers of gas
stations, pistol-whipping civilians?

I remind you what happened

to four contractors in
Falluja this past spring:

murdered, mutilated, burned
and hung from a bridge,

not to mention more
recent atrocities.

We drive fast because
if we don't, we're dead.

We crash gas stations 'cause
if we run dry, we're dead.

We wait in line... we're dead.

And the beating of civilians?

That was a situation where...

I was extracting information.

The beating of this civilian...
Did it have anything to do

with the terrorists
you were pursuing

the night of the incident?

Look, Sergeant Major, you
want me to represent you,

you're going to
have to come clean.

What happened to
those guys in Falluja,

that happened to one of my men.

It just didn't make the papers.

It's one of the selling
points of us hired guns...

We slip into body
bags real easy.

What happened?

Insurgents caught my number
two guy alone at a checkpoint.

By the time we found him,

there wasn't much
left to put in a body bag.

The terrorist you
were pursuing...

This was the insurgents' leader.

Yeah, I know.

It sounds like a great motive

for some trigger-happy
mercenary to go blasting

into a city street and end up
killing a young Marine, right?

Well, that's definitely
what the government's

going to try to prove.

Sir, I spent 22 years
in the Marine Corps.

I'm a pro.

I never fired on anybody
that didn't fire at me first... sir.

MacKENZIE: Lieutenant, your fire
team was providing perimeter security

for Kurdish leader Mohammed
Aziz on the night in question.

Tell us what happened.

We were hunkered down,
shadowing Aziz's bodyguards.

Next thing, it's a firefight.

My gunny was hit...
my corporal killed.

Who fired first, Lieutenant?

The muzzle flashes I saw
came from the archway, Colonel.

Where the accused and his
Iraqi Civil Defense Corps trainees

were positioned.

Did you have any
idea they were there?

We'd received no word

of Iraqi troop movement
in the area, ma'am.

Thank you, Lieutenant.

Lieutenant, you've
stated in your debriefing

that you had trouble
with your field radio.

Is it possible that headquarters
tried to get ahold of you

and just couldn't?

Yes, but the onus is still on
the Iraqis and their advisors

to make their
presence known, sir.

Aziz's bodyguards had AK-47s.

They were between
you and the Iraqis.

Given the conditions,
Lieutenant, is it possible

the flashes you saw
came from Aziz's men

and not from the Iraqis?

It's possible.

Thank you.

( knock at door)

Hope I'm not interrupting.

No. Come on in.

What can I do for you, Tom?

Well, it's about those banks

I'm trying to
squeeze money from.

Have a seat.

Having a little trouble, huh?

Well, let's just say I haven't
met any Jimmy Stewarts

who are interested
in my wonderful life.

You need legal help?

No, no, that's not it.

Actually, I just wanted
to ask you for a reference.

Of course.

Be glad to.

Thanks.

How's Mattie?

She's good.

She's glued to the laptop.

Instant-messaging,
as far as I can tell.

KEV-REV 150.

That's Kevin Reilly.

He's a boy back home.

He's a nice kid,
nothing to worry about.

Well...

Well, uh, I'll let you get back.

Good luck.

Listen, I don't know how
to say this quite, but...

I owe you a lot.

Aw...

No, not just about
this reference.

I mean about Mattie.

I wanted my little girl
back for so long, and...

Well, now it actually seems
like maybe it's happening.

You're the one doing
the hard work, Tom.

Getting your life back.

Thank you.

MacKENZIE: Former
Gunnery Sergeant McDaniel,

in what capacity are you
and the accused employed

by Battlefield Solutions?

We're advisors to the Iraqi
Civil Defense forces, Colonel.

You were present on the night

of the incident,
isn't that true?

I was on the advisor-team, yes.

Battlefield Solutions'
contract sets policy

for advisors in the field.

Now, these advisors aren't
supposed to issue combat orders

as Sergeant Major
Elgart did, are they?

That's what it says, Colonel.

As noncombatants, they're also
not supposed to carry weapons,

though Sergeant Major Elgart
was armed that night, wasn't he?

We're on the
front lines, Colonel.

We'd be fools
not to be carrying.

I'll take that as a "yes."

Policy also dictates that
advisors inform U.S. forces

of their movements
in a combat zone.

Which we did.

You didn't wait
for confirmation.

We waited for six hours.

But, no, we didn't
get confirmation.

According to policy, your teams
usually consist of four men...

Objection. Relevance.

I'm getting there, Your Honor.

I'll go along for now. Proceed.

There were only three
of you out there that night.

You recently lost the
number two man on your team

in an ambush by
insurgents, isn't that right?

Alan Ridley was...
attacked, yes.

By the terrorist leader
you were pursuing

on the night in question?

Affirmative, Colonel.

His body was mutilated,
dragged through the streets.

You got the facts right, ma'am.

How did you and Sergeant Major
Elgart feel about what happened?

How do you think we felt?!

We were... angered
and... outraged.

Like any American would be.

Enough to rush into a blind
attack, guns blazing in revenge?

Your Honor!

Withdrawn.

No further questions.

I'd like to answer
that if I may.

Go ahead.

The Colonel wants people

to think that Tom
Elgart's the kind of man

that would let revenge
rule his reason.

We served together for 20 years.

Never once did
he exceed an order,

nor risk lives needlessly.

We're not vigilantes,
we're Marines.

Only difference now is
the clothes on our back.

Thank you, Mr. McDaniel.

"History of Female Aviators."

I was going to buy
that book for you.

Oh, yeah.

It's okay. Dad went
ahead and got it for me.

Oh.

RABB: "KEV-REV 150," huh?

Uh... yeah.

It's Kevin, a boy I like.

Yeah, I know.

Your dad told me about him.

Great.

Now I have two fathers
with loaded shotguns.

Actually, mine's a
nine-millimeter Navy issue.

It's more accurate.

I'm having privacy issues here.

Sorry.

So, this, uh, Kevin...

is it serious?

After all, you are only 15.

And?

Do you know much about, uh...

What, sex?

Between MTV and the
popular girls at school,

I've heard the basics.

Well, that's a little worrisome.

Actually, it's a pretty
serious topic, Mattie.

It's something that
you definitely need

to talk to your dad about.

He's the guy to
go to on this one.

Okay.

Okay.

( whistles)

Good. Okay.

MacKENZIE: Mrs. Sheehy, one
final incident I'd like to discuss.

On 28 May,

one week before your
husband was killed,

he related to you a
previous encounter

with the accused

in the village of Khasa,
outside Kirkuk, is that right?

Yes.

Paul's fire team was
again providing security

for the Kurdish leader, Aziz,

when they crossed paths with the
Sergeant Major and his advisors.

Oh. What were the Sergeant
Major and his team doing there?

They were pursuing
terrorist insurgents.

Paul said they had bad intel.

Were the Marines aware that
the Iraqis and their advisors

were there?

No.

But Paul said

it wasn't the first time
Sergeant Major Elgart

and his team were freelancing.

Did your husband
say what happened?

The two sides nearly engaged.

What else did he say?

Paul said it was
a matter of time

before someone got killed.

Thank you, Mrs. Sheehy.

What was that about,
Sergeant Major?

Well, Battlefield Solutions'
corporate counsel

thinks we're losing, sir.

We'll have our day... tomorrow.

Yeah, he also said that while
he represents the company,

he's concerned
one of its employees

isn't getting the best
possible representation.

Well, is that how you feel?

Frankly, sir, I don't
know how I feel.

I do think it is maybe
time to consider

a tactical retreat, sir.

The company lawyer
offered a... a plea deal.

I told him it's okay to talk to
Colonel MacKenzie about it.

You're making a mistake.

Well, it wouldn't
be the first time, sir.

RABB: So, what kind of
deal are they offering you?

Battlefield's
Corporate Counsel said

if I plead guilty
to the charges,

the government will limit my
confinement to two years, sir.

A few days ago
you sat in this room,

and you told me
you wanted to fight.

I'm choosing my battles.

How much money
they offering you?

I have a family to
feed, Commander.

Merrick said the company
would pay me $2 million

if I pled out.

$2 million...

for two years in the brig.

You know, I believed you when
you told me you weren't guilty.

You want to look
me in the eye now

and tell me that's changed?

That's not the point, Commander.

When I joined the Marine Corps,

I took an oath.

Those stories Ann Sheehy
recounted on the stand...

Maybe I have lost
my way, Commander.

Well, you think you're
gonna find it in Leavenworth?

They call me soldier-of-fortune.

I figure I may as well

start living down to
their expectations.

You're not a mercenary,
Sergeant Major.

You take that $2
million, you will be.

I know your team was
in-country a long time.

I mean, the constant
threat, the isolation,

people get jumpy,
they make bad calls.

Is that what's eating at you?

Well, we were over there
longer than we should've been,

but three months is standard.

My men and I were in
Iraq for almost a year.

Three months?

Is that company policy?

What are you
thinking, Commander?

I'm thinking $2 million

is a hell of a
severance package.

JUDGE: Commander Rabb,
you may call your first witness.

I have only one
witness, Your Honor.

The defense calls
Battlefield Solutions CEO

James Merrick to the stand.

Mr. Merrick, as head
of Battlefield Solutions,

do you feel you're responsible

for the actions of your
employees in the field?

I am responsible for
setting the policies

by which they are to conduct
themselves, Commander.

Is it your opinion

that the accused failed to
adhere to these policies, sir?

MERRICK: Regretfully, it is.

RABB: Is that why you contacted
Headquarters Marine Corps

and requested this
court-martial, sir?

I contacted General Hale

in the interest
of serving justice.

Not to mention
your own interests,

by heading off a civil suit
by Corporal Sheehy's widow.

Objection.

Sustained.

Careful, Commander. Yes, sir.

Well, Mr. Merrick, was it
in the interests of justice

when you offered
my client $2 million

to cop an early plea?

Objection. Counsel
is putting words

in the witness's mouth. I agree.

However, I would
like to hear his answer.

I think that Mr. Elgart

would acknowledge his own guilt.

He did act negligently
when he instigated a firefight

with U.S. Marines.

I have a copy of your
company's policies

on deployment, Mr. Merrick,

which states that
advisors are to be rotated

every three months...

"to avoid the potential
for lethal mistakes

in the field due
to combat fatigue."

Are you familiar
with this policy, sir?

I am. I wrote it.

Were you not aware

that the sergeant
major and his team

had been in-country, in
combat, for just short of a year,

well over the
three-month period?

If I erred in judgment,
I accept that.

It doesn't alter my opinion
that the accused is guilty,

nor that the swift
application of justice

is desired by all of us.

For all or for you, Mr. Merrick?

You've done everything you
can to quash any real inquiry

into this incident
from the beginning.

Objection, Your Honor. Where
is counsel going with this?

I'd like to know.
Proceed, Commander.

Thank you, sir.

I obtained from the CIA
unredacted action reports,

detailing operations by
your employees in the field

in which I found
unsettling patterns, sir.

Now, we know about
the near-firefight

between the sergeant
major and his team

when they previously
crossed paths with the Marines.

We know about the incident

in which Corporal
Sheehy was killed.

But I found other
instances with other teams

in which Mohammed
Aziz, due to bad intel,

was mistakenly targeted.

Care to comment
on that, Mr. Merrick?

It's a war zone, Commander;
nothing is clear-cut.

No, not like in business,

where clarity is everything.

Battlefield Solutions
in the past year

recently merged
into a conglomerate,

with Henson-LeRoux...

in which you received

200,000 shares of
the parent company

in a stock swap.

Isn't that correct, Mr. Merrick?

It's a matter of public record.

Henson-LeRoux has
oil interests in Iraq,

particularly the Kurdish region.

Isn't that correct?

Or would you rather have
your lawyer do the talking?

I'm sure you know the
answer, Commander.

That oil deal
would be threatened

if Mohammed Aziz
were to assume control

of the oil ministry in an
autonomous Kurdish region.

Mr. Aziz has been
less than friendly

toward Henson-LeRoux
in public statements made.

Isn't that correct, sir?

He's also not been a friend

to the United States.

This man is a warlord
and a murderer.

Controlling Kurdish oil
would be good for all of us.

I checked into the
source of the bad intel.

It came from an
informant in Kirkuk,

a contract employee
of Battlefield Solutions.

Which made me wonder...

whether the bad intel
was coming from Iraq

or from your boardroom.

Army CID is curious, too.

They're presently
questioning the informant.

They want to know why,

on five separate
occasions, Mr. Merrick,

Mohammed Aziz was
targeted by different teams

to be taken out by mistake,

by men you placed
in the field, in combat,

fatigued, on a hair trigger.

You want to save
them some time, sir?

Maybe you should let your lawyer
do the talking from here on out.

I have no further
questions, Your Honor.

The accused and
counsel will rise.

The senior member will
announce the findings, please.

On the charge and specification
of negligent homicide,

Sergeant Major Thomas Elgart,

United States
Marine Corps, Retired,

this court-martial finds you...

not guilty.

On the charge and specification

of dereliction of
duty, we find you...

not guilty.

JUDGE: Thank you, Captain.

This court is adjourned.

Thank you, Commander.

Congratulations. Thank you.

Congratulations...
You can hang up

that uniform again, Mr. Elgart.

Not sure I'm ready to
hang it up just yet, ma'am.

Sir, ma'am, if you'll excuse me?

I wish you'd shown
me the courtesy

of having a conversation
before ambushing me

on the witness stand, Commander.

Courtesy had nothing
to do with it, Mr. Merrick.

Sergeant Major Elgart made
a poor command decision.

And you didn't?

I did what was best for my
company and my country.

And for yourself. What
happened to you, Merrick?

What happened to
honor and decency?

I joined the real
world, Colonel.

Perhaps that's something
you wouldn't understand.

I took a stab at
the real world...

A private law firm;
it didn't change me.

Obviously. You
returned to the service.

See, that's the difference
between you and me.

I didn't have a
Navy to return to.

It can be arranged.

We recalled
Sergeant Major Elgart.

We could extend you the
same courtesy, Mr. Merrick.

We kept you out of
Leavenworth once.

Might be different next time.

Talk to my lawyer.

Well, we'll have to get in line.

I have a feeling by morning
you'll have a civil suit

on your desk asking for a
little more than $2 million.

Hard to believe a man
can do a 180 like that, Harm.

( chuckles): It happens.

ELGART: There's no way I can
adequately apologize to you, ma'am.

What I can say is...

in my one brief encounter
with your husband,

he demonstrated a strength
and a courage of conviction

that I hope to one day
again find in myself.

Well, maybe you've
started, Sergeant Major.

( knocking)

Hey! Hey!

You and the commander ready?

RABB: I'm gonna have
to take a rain check, Tom.

I'm, uh, kind of buried.

Unfortunately, my new boss

is getting even for me
sneaking around behind his back.

Oh, I'm sorry to hear that.

Another night.

Good.

We won't be late.

Okay.

Forgot my sweater.

You... really should join us.

I'm kind of busy.

You know, I've... stopped
worrying about you

trying to send me away.

Good.

You need to stop worrying
that you don't count anymore.

Mattie, I just think
it'd be good for you

to spend some more
time with your dad.

It's pretty obvious
that you're worried.

The look on your face when I
told you he bought me that book,

the lack of annoying
personal questions,

ditching dinner tonight.

I've got a lot of
work to do, uh...

You know, I wouldn't have known

about that female aviators
book, if it weren't for you, Harm.

I know.

And the annoying
personal questions...

I need them.

I need you.

I appreciate
everything you've done

for my dad and me,
getting us back together,

but you're not
getting rid of me.

Good.

Last chance?

Have fun. Thanks.

I'll see you later. Okay.

Hey!

Your sweater!

Reduce altitude.