JAG (1995–2005): Season 10, Episode 4 - Whole New Ball Game - full transcript

ELVIS PRESLEY: ♪
Uh-huh, oh, yeah ♪

(rotor whirring loudly)

♪ Don't want an old horseshoe ♪

My dad listens to this stuff.

Says they quit making
good music in 1977.

The year Elvis died.

That was a long time ago, sir.

(over radio): You calling the
general and me old, Lieutenant?

No, sir, Colonel.

You can tell your dad
it was actually 1970,

beginning of the Vegas years.



SAM dead ahead!

Salvo!

Chaff and flares!

Mike, X-Ray-three-one!
Mayday! Mayday!

We are going down!

Hold on, Joe!

(groaning)

(grunts): Lieutenant?

(panting)

Lieutenant!

(electronic crackling
and buzzing)

General Bixby.

Sir, we have a situation here.

We are egressing
from the aircraft, sir!



Can't do it, Colonel.
Can't move my legs.

(electronic crackling)

Can you feel your
toes, sir? I can't tell.

Well, if you can't feel
them, they're not hurting,

and you can give me a hand.

I'll go first, and pull your
sociable half out after me.

(groans, grunts in pain)

(groans)

Leave me here, Colonel.

No, sir!

That's an order.

Sir, I am taking
command and tasking you

with helping me get
you the hell out of here.

Now, square yourself
away, sir... You're a Marine!

Come on! (grunting)

(grunts and groans)

Master Sergeant, the colonel
has a call from the White House.

Thank you, sir.

Colonel.

You got friends in high places.

It's the White House.

(panting): Colonel Cresswell.

Yes, sir. I understand.

I will. Yes, sir.

Thank you, Mr. President.

Good morning,
Colonel. Good morning.

Good morning, ma'am.
Good morning, Bud.

You look well-rested.

Well, thank you. I finally
got a good night's sleep.

Hey, anything from
the SECNAV's office

on who our new boss is gonna be?

It's been months since
Admiral Chegwidden retired.

No, ma'am, and you know what
they say: no news is good news.

Except in this case, any
news would be good news,

given the temp
they've saddled us with.

Any chance you and Turner
might bury the hatchet?

I can think of a few places
I'd like to bury the hatchet.

(Coates clears throat)

Sirs, ma'am.

No need to quit
gossiping on my account.

We were done gossiping, Coates.

In that case, your
presence and the colonel's

is requested in
Commander Turner's office.

Uh, that's, uh, Commander
Turner's temporary office.

A Navy frigate, the Hennessey,

has had an altercation

with a vessel of another nation.

Friend or foe?

Your call... it's Canada.

One of our sailors shot and
injured one of their fishermen.

He's First Nation, and his father
sits on the local Tribal Council.

Before this becomes
an international debacle,

I want to find out
what happened.

And you think it's gonna
take two of us to do that?

Our neighbors to the north haven't
exactly been in our corner lately.

This isn't gonna
help them get there.

Which is why I'm
sending you both.

There's been enough conflict

between Washington
and Ottawa lately.

That's it?

That's it. Good luck.

You are aware
that the Oval Office

has taken an interest

in this billet at
JAG headquarters.

Yes, sir, the Corps
is extremely proud

that the President wants a
Marine to compete for the job.

Mm. I've been reading up on
your lead candidate, General.

It's been years since
I've practiced law,

so I can appreciate the
sparsity of legalese in his essays.

But sometimes mincing words

is a necessary
evil for a nominee.

Well, we don't have many
poets in the Marine Corps, sir.

How well do you know him?

Not as well as I'd like.

He's just six
months in as Counsel

to the Chairman
of the Joint Chiefs.

SJA in Iraq,

with the First MEF before that.

Recently wounded in combat,

and determined not to let
it end his military career.

In short, he's a Marine.

The kind the Marine
Corps prides itself on,

whether he fits the
administrative mold or not.

So do you think

the JAG post is just another
bureaucratic desk job?

Mr. Secretary, I
have a desk job.

It's the best way I can think of

to keep old war horses
like myself in the game.

Colonel Cresswall's
heroics in Iraq aside,

he's a lawyer

and a damn good one.

His days of getting shot
down in helos are over.

I can't think of a better billet
than judge advocate general

as a capstone for
that Marine's career.

A.J. Chegwidden
left big shoes to fill.

The journalists loved him,

his press conferences
were legendary,

and all his own people
regarded him as a friend.

Every leader has
his own style, sir.

My point, General,

is that the billet that
Colonel Cresswell

is being considered for
involves a hell of a lot more

than just good lawyering.

Nobody wants the
President's favorite

to wash out in this
election process,

and nobody wants to
saddle our fine JAG lawyers

with a commander so
bereft of people skills

that he alienates
the lot of them.

I want your honest assessment

of your Marine.

Mr. Secretary, the Marine
Corps isn't a charm school.

That said, don't
underestimate a man

just because he's forthright.

That's what we train them to be.

My Marine can handle anything
you plan to throw at him, sir.

MAN: Welcome aboard,
Commander, Colonel.

This message just
came for you, sir.

And I'll show you
to your quarters,

and then the
skipper will see you.

Thank you, Lieutenant.

Oh, it's from Bud.

Turner wants us to contact him.

Anything else?

Oh, yeah, more
scuttlebutt on the, uh,

potential new JAG.

Hmm. There's a name
floating around the Pentagon.

Hopefully, this one'll have more
luck than the last three candidates.

This one's a Marine.

The first judge advocate
of the Navy was a Marine,

Colonel William Butler Remey.

Well, that was back when
Edison was perfecting the lightbulb.

There's a reason we
haven't had a Marine JAG

since then. And that is?

Look, don't get me wrong,
but if I was in a foxhole,

there's no one I'd rather
have on my side than a Marine.

However, as the legal
counsel for the entire Navy,

Marines just don't have the
correct temperament for that position.

Harm, you're so predictable.

A Marine JAG would shake
things up around the office.

Who is it?

It's, uh, Colonel
Gordon Cresswell.

What? You know him?
Yeah, maybe I've heard of him.

Hang on a second... he's gonna
be my commanding officer as well.

If you know
something, spit it out.

I don't know anything
that would affect you, okay?

(knocking)

Enter.

Commander Nesbit.

Colonel, Commander.

Thanks for flying out.

Have a seat.

Thank you, Commander.

So, uh, what can you tell us

about the events that
led up to the shooting?

We were on a training run.

We got a civilian radio call.

A small American
fishing boat claims

they were being hijacked
by a Canadian fishing boat.

Did you find any evidence
to support that claim?

Both sides were armed,

each claiming the
other was poaching.

Turns out they were both wrong.

They were way out
in international waters.

I didn't have any jurisdiction

to hold the fishing boats,

but the Canadian shooting
victim turned out to be

the boat skipper's son.

Father and son are aboard.

Kid's mending in sickbay.

What about the captain of
the American fishing boat?

All too happy to stay.

Says he hasn't been
on a Navy vessel

since he served
aboard the Princeton.

Our crime scene
may have sailed away,

but at least we
have eyewitnesses.

RABB: And what
about the shooter?

Young ensign that's
never fired his weapon

outside a training exercise.

He's confined to his stateroom.

(knocks) Ensign Geery.

Sir.

Ma'am.

Stand easy.

I heard you were aboard.

We'd like to talk to you

about the night you
discharged your sidearm.

Captain Nesbit sent launches
to each of the fishing boats

to see if we might be
able to reason with them.

I was in command of the
launch sent to the Canadian boat.

Their skipper told
us the guns they had

were stowed below deck.

Before we could ask
permission to board,

one of them pulled a rifle.

Ensign, how long have
you served aboard this ship?

Two months.

I'm fresh out of the
Academy, ma'am.

We were in heavy seas
in an inflatable boat, sir.

One shot would've
taken us to the bottom.

I'm sorry I shot that man...

but you can see
why I had to do it,

can't you?

I can't believe

I'm convening a
JAG Selection Board

with Marine Corps
records in front of it.

I mean, I'll be damned to hell.

I've never doubted
that for a second, Ed.

Cheers. Cheers.

Colonel Cresswell's selection

won't make you very popular

with the Navy's flag officers.

The Colonel's
record is so clean,

I mean, you could
eat dinner off of it.

He's the kind of down-home,

church-going family man
that this administration

just loves to promote.

And so, I won't
allow petty grievances

between the Navy
and the Marine Corps

to rain on the
President's picnic.

Besides, my job is
not a popularity contest.

Isn't it?

Would you be so quick
to convene this board

if this guy wasn't

our boss's
hand-picked candidate?

Well, the President's confidence

is Cresswell's
best qualification.

However, I'm not so
much of a political animal

that I would
approve a board pick

that wasn't fit for the job.

You know, much as I appreciate

you breaking out
the 18-year-old, Ed,

it does make me wonder
what's up your sleeve.

I want you to serve as president

of the Selection Board.

Is this an effort to show

impartiality, or do you
just want a fly on the wall?

I want someone in the
room that I trust, that's all.

Your aspirations vis-a-vis
the commander in chief

won't change my
behavior in that room, Ed,

no matter how far we go back.

Oh, surely, you're not accusing
me of command influence.

I'm just warning an
old pal to tread lightly.

Putting one of your
closest friends on that board

could be construed
as impropriety.

Irregular times call
for irregular measures.

Colonel Cresswell,
we haven't met.

Edward Sheffield.

Sir.

Pleasure. I thought I'd come

and visit you on your
own turf, as it were.

May I? Please.

Thank you.

Please, go ahead
and eat your lunch.

I know Marines like
to stick to schedule.

Yes, sir.

Congratulations on
making the short list

for the new JAG post.

And it must make you feel good,

to know the commander in chief

has taken a personal interest.

Yes, sir.

I've heard that you're
a man of few words.

It's kind of unusual
for a lawyer, isn't it?

I try to choose those
few words carefully, sir.

Well, you may want to expand

your vocabulary here, Colonel.

The post you're in line for

is the highest post a
Naval lawyer can attain.

By statute, it's
a two-star billet,

so you would be
promoted to major general.

It's also a terminal position.

Oh, you've got
plans for retirement?

Civilian law firm

or staff counsel on the Hill?

I don't have a civilian
job waiting for me, sir.

And the only deal
I have in place

is with the United
States Marine Corps.

Your record makes
gripping reading, Colonel.

Small-town boy

raised on the
family's apple orchard,

outskirts of nowhere.

Uh, you must have
picked a million of these

in your time.

The fact that
you still like them

is a testament to
a happy childhood.

But if you pick
an apple too soon,

you may be sorry you did.

Take it too late

and you'll end up
feeding it to the pigs.

Well, that's somewhat like
military appointments, Colonel.

If you fail to get
selected this time,

you won't have a second chance.

Sir, I, uh, I know
the President's rattled

a few cages putting
my name in the hat.

Can I do the job? Yes.

Do I expect to
become the first Marine

in over a century to be
the judge advocate general?

That's for the Selection
Board to decide.

Well, you have a reputation
for shunning politics, Colonel.

Whether you like it or not,

Judge advocate general
is a political appointment,

and I personally don't believe

the President's
sudden interest in you

is based solely on
your record book.

I met the President in Iraq,

Thanksgiving, last year.

Didn't see him again

until he happened past
my hospital bed in Bethesda

four months later.

He remembered me,

but we're not friends,
and I'm not benefiting

from any personal association

with the White House, sir.

Truth is, I do speak plainly,

and I listen the same way.

Respectfully,

next time you want
to talk about apples,

let's leave the
President out of it... sir.

Commander.

I got a call from SECNAV today.

He asked me for someone

to act as recorder at
the Selection Board

for Admiral Chegwidden's
replacement.

I chose you.

Thank you, sir.

What does this
honor entail exactly?

You'll be in charge
of the records

and making sure
the panel members

keep their facts straight.

I can do that.

I know you can.

I think. (chuckles)

You've, uh, been
my right hand man

since I took the
reins here, Bud.

I won't forget that.

I've enjoyed
being... useful, sir.

Good luck.

Commander.

I gotta go. Bye.

Hey, hey.

(chuckles)

Harm asked me
to check on things.

You figured a few
long-distance calls

were a fair trade?

That was Kevin.

He's got his license,

so Dad's letting us drive

to Reesedale next
weekend to see a movie.

Pretty cool, huh?

Well, I think it's cool

that we can walk to a movie
theater from this apartment.

The theater at
Reesedale's a drive-in.

Mattie...

just...

just make sure you don't
rush into anything, okay?

You can never
redo your first time.

Whoa.

You're almost as bad as Harm.

He tried giving me the
whole sex-talk thing, too.

How'd it go?

I think he learned a lot.

(both chuckle)

But seriously, he was
totally embarrassed.

He said I should talk to my dad,

but I know his heart
was in the right place.

He's just trying to
be a good parent.

Bet if I'd had one like him,

I wouldn't have made
so many mistakes.

Well, you don't have
to worry about me

'cause Kevin and I
have been best friends

since, like, the first grade,

and my dad is totally
doing the parent thing:

curfew, rules, the whole deal.

So you've said.

I'm... I'm sorry

if I've been talking
about home nonstop.

You know, it's just
nice to have a chance

to sleep in my old bed

and to have my old dad back,

the one who wasn't
drunk all the time.

Last weekend,

we managed to get through
my mom's things, and...

I was able to remember
my mom without my anger

at my dad getting in the way.

I just

have this feeling

that someday
you're going to decide

you're better off back there.

I know that Harm talked
you into, you know,

taking our apartment, and...

I know that you'll have trouble

affording the rent if I leave...

Mattie, don't worry
about the rent.

I'll survive. I always have.

(sighs)

I'm just glad you're back.

I'm really glad.

MacKENZIE: You
were pretty far from land

for a boat that size.

We must go where
the fish take us.

You can't be competitive
sticking to the land anymore.

Because of the Americans?

I run my grandfather's

old 40-foot trawler out
by the border waters.

It's the only place I
can get a decent haul.

George Young,

he comes up here,
he takes the little fish,

uses nets that I'm
not allowed to use.

And he gets my son shot.

I know Wolf Tillicum is
going to blame me for this.

But I was close enough
to the shooting to see

that the ensign
acted in self-defense.

You saw a weapon in
Marcus Tillicum's hand?

My son did not have a gun.

And Young is lying
if he says otherwise.

You got to understand something;

this guy is dangerous.

He pulled guns on us.

He accused us of poaching.

You'd rather be

at war with George Young

for the rest of your life
than to try to resolve this?

How can I resolve anything
with a crazy person like Young?

He's trying to ruin me!

Colonel Cresswell served in Iraq

as SJA with the First MEF
and was wounded in combat.

He received a Silver
Star, Purple Heart

and was appointed legal advisor

to the Chairman
of the Joint Chiefs.

So, let's open the floor
for discussion, shall we?

Are we ready to
believe that a Marine

is the best person to
serve as Chief Counsel

to the Chief of
Naval Operations?

Because that is
one of the things

that we're here to discuss.

I don't know where it's written

that a Marine can't advise
the Navy on military law.

After all, the Navy's been
advising the Marine Corps

for a hundred years.

I concur.

Our lawyers all study
the same play book.

Historically, Marine
judge advocates

have been strict
constructionists of the UCMJ.

Does Colonel Cresswell

have the adaptability to
command Naval personnel

in a fast-changing
legal climate?

(clears throat)

Something to add, Commander?

Respectfully,
Admiral, statistically,

Marine judge advocates
have consistently scored

on par with Navy JAGs
as far as command success

in the history of
the JAG Corps, sir.

Thank you, Commander.

Thank you, Commander.

I noticed that the
colonel has special fitreps

from an assistant secretary

and multiple Marine
general officers.

I'd have preferred to see a nod

from at least one
Navy flag officer.

It is ludicrous

to think that a Marine
should go chasing

a Navy fitrep

when three-star Marines

and civilian leadership
at the Pentagon

rate him as a water-walker.

Given that a Marine
record has not appeared

before this particular
board in over a century,

perhaps our board
president can tell us

what is and what
isn't ludicrous.

Commander Roberts,

in reviewing SECNAV's precept,

did you see any mention

of a Navy flag
officer's evaluation

as a prerequisite for selection?

I did not, Admiral.

Thank you, Commander.

Ocean Law has always been
the definition of a Navy lawyer.

Colonel Cresswell was SJA

for Headquarters
Marine Fleet Atlantic.

Additionally, we're not fighting

sea battles anymore.

This is a ground
force military now,

and the ground force
for the United States Navy

is the Marine Corps.

And how do you propose
to get to that battleground?

By water taxi?

Oh, we have always
appreciated the transport.

And you can thank us

for the fact that
once you get there,

the enemy's already been
battered by our air strikes

flying off of our carriers.

Your point is made, Admiral.

General Willsey is
simply suggesting

that our Marines in
combat might appreciate

knowing that one of their own

is interpreting the
rules of the game.

So having a Navy

flag officer at the
helm is bad for morale?!

When Marines are dying

because some lawyer's tied
their hands behind their backs, yes!

Commander Roberts, how
many cases have we had

of JAG lawyers
tying Marines' hands

behind their backs?

Sir?

Don't be obtuse, Connelly!

No, I am genuinely curious,
Commander. How many?

SECNAV: There are no
stock options in public service,

Commander.

The perks are these...
brushes with history.

Wow. I've never known anybody

that played golf
with Gorbachev, sir.

I don't want to keep
you, Commander.

I'm sure you want to be
getting home and dinner.

I kind of wish that
I could have dinner

at your house tonight.

Just to hear about your day.

Uh, you know, sir, that
I-I can't discuss anything

about the Selection
Board proceedings

until after Admiral
Kly reports the results.

Oh, of course, Commander.

Still, that must have
been some session today.

A lot of strong
opinions in the room.

And General Willsey has a...
She's got a bad temper, I hear.

Well, she is a... a woman
with a great amount of passion.

That's for sure, sir.

She gets her way, does she?

I didn't say that, sir.

Oh, and Novak must
have been steamed.

Well, the admiral
conducted himself

with the utmost
professionalism, sir.

Oh, he kept his head, did he?

Yes, sir, uh, very controlled.

Despite being bested
by a couple of Marines.

Exactly, sir.

Well, I'm sure you want to
be running along, Commander.

Colonel.

Colonel!

You have a visitor, sir.

Congratulations.
You're the nominee.

So the Selection Board
had its call-out, sir?

I'm not in the habit of
waiting for the ink to dry

before starting the party.

So, it's not official?

Not yet, but it will be.

You know, it's possible
to take this Marine stoicism

to the point where it
smacks of indifference.

Sir, that isn't my intention.

I'll wait to celebrate
until the Board's report

is filed and the
results made public.

Are you at all happy
about the promotion?

Yes, sir.

Might as well tell you, the,
uh... the part of me you...

you find unsettling...
The... the Marine part...

Isn't going to go away.

We should be clear on that.

You know, for a guy
who barely speaks,

you've got a canny way
of getting your point across.

RABB: I just spoke to Bud.

The Selection Board
has filed a report.

It's official.

Colonel Cresswell
is now the new JAG.

So you want to tell me

what the problem
with this guy is, or...?

Not really, but you're
not gonna let it go.

Cresswell was the staff
judge advocate in Okinawa

when I first got there.

He knew about my
affair with John Farrow.

Even made sure Farrow
got his letter of reprimand.

If I hadn't already
got my rotation orders,

he probably would have demanded

disciplinary action
against me, too.

That's a long time ago, Mac.

Marines have a
long memory, Harm.

He could make my life hell.

He could transfer me
to some other billet.

Separate us...

Mac... you've changed
a lot since Okinawa,

Maybe he has, too.

Give him a chance.

Oh, Tom.

Damn the day they made
this a non-smoking facility.

Well, I-I thought
you swore off these.

I like to partake when I've
got something to celebrate.

You want to step
outside with me?

Well, I wouldn't
count your invitations

to the White House just yet.

Name Byron Handy
mean anything to you?

He's the presidential
aide, sycophant...

He's put a bug in SECDEF's ear

about the Selection
Board you convened.

Namely, that you appointed me,

your old pal, as
Board President.

You've got a problem here, Ed.

Am I hearing an "I told you so"?

I never like to kick a man

when he's on the verge
of making an ass of himself

without my assistance.

(sighing)

I don't understand.

It's not in the Secretary's best
interest to oppose my Selection

Board's choice of the
President's own man.

Nobody's trying to show

Cresswell the cold
side of the bed.

The Secretary's just concerned

that the appointment
be idiot-proofed,

no questions after the fact.

The matter's going to

the Senate Armed Services
Committee for confirmation.

They'll determine if
the selection is tainted.

That's a hell of a thing.

You give them
exactly what they want,

and then they
question how you did it.

The President might get his man,

but he'll have a
gaggle of senators

to thank for it, not you, Ed.

Any suggestions
for damage control?

Send fruit baskets,

lots of them.

Your sailor shot me.
That's what happened.

RABB: Your father places the
blame squarely on the Americans.

Does he?

Don't you?

None of us owns the sea.

Well, that's not how
your father feels.

All his life, he's fought
to catch enough fish

to keep the business going.

Now he fights the
Americans, too.

Is that why you and
your crew were armed?

To fight the Americans?

We were defending ourselves.

But when the Navy
ship came onto us,

we stowed the weapons,

and I persuaded my
father to cooperate.

Cooperate by pulling a
rifle on the advance party?

It wasn't a rifle.

The weather was rough.

I grabbed a gaff from the deck

to help pull the
Navy boat to us,

and they rewarded me with this.

A gaff could look
like a rifle in the dark.

Thank you for your time.

COATES: Mattie, I'm
sorry if I've been weird

about this whole
Blacksburg thing.

You know, I'm happy that

you're figuring
things out for yourself.

MATTIE: I know that.

COATES: It's just, we had
something in common, you and me.

We both hated our fathers.

Oh... I guess now that I'm
making peace with my dad,

it's sort of hard
for you to watch.

A little.

Not only that, I, uh, started
thinking about all the things

I could have done to make
it better for myself at home.

You know what I used to
do when I got mad at my dad?

What?

Steal something.

Give him a reason to yell at me.

Why?

(sighing)

I guess I wanted
to prove to myself

that he was too evil to love...

even just a little.

Did it work?

Did you stop loving him?

Some days I don't
even think about him.

I'm getting my dad back...
even though he's not perfect.

Maybe... maybe it's
not too late for you.

MAN (over P.A.): O.O.D., report to
the bridge. O.O.D., report to the bridge.

Hey, just got word,

Colonel Cresswell's nomination

is going before a formal
senate committee hearing.

I, uh, thought you should know.

No, I can sincerely say that

I hope the best
man gets the job.

You haven't said much
since we interviewed the son.

What are you up to?

I, uh... I'm not sure,

but I'm going to need
your indulgence on this.

Play along, see what happens.

(knock at door)

Hmm.

Nice place.

It's all I need, Mr. Secretary.

Have you planned your
wetting-down party yet?

You didn't get
your invitation, sir?

That was a joke, Mr. Secretary.

Huh, well,

I'm glad to hear you're
capable of humor,

but you won't be
laughing at this.

The Selection Board's
decision has been flagged

by the Secretary of
Defense for further scrutiny,

and the Senate Armed
Services Committee

has exercised its discretion

to require a full,
formal hearing.

And the good senators
are going to be interested

in more than your
sterling record, Colonel.

They're going to want to
find out how you... think,

and it won't be pretty, Colonel.

Our system of checks
and balances at work.

Now, this level of scrutiny for a
two-star billet is... is unheard of.

And this could set back
your career, Cresswell.

It could even end it.

I'm telling you

that the biggest
accomplishment of your life

is being snatched away, and...

you just stand there.

Respectfully, sir, you invited
the Senate's examination

when you placed Admiral Kly

at the head of that Board.

Are you questioning my fitness?

No, sir, I am not.

Then what are
you saying, Marine?

I don't judge men by
the decisions they make

so much as their willingness
to take responsibility

when those decisions
produce unexpected results.

Well, you'd better spit-shine
up a few more of those homilies

because you're going to
have to charm the pants

off those senators in order

to clear this hurdle.

Just tell them what
they want to hear.

I'll tell them the truth, sir.

At this level, even Marines
have to bend a little.

After all, neither one of us

wants to disappoint the
President of the United States.

SENATOR KERNER: As JAG,
you'll be expected to oversee cases

related to lesbians
and gays in the military.

What are your
views on the subject?

Ma'am, I believe anyone
willing to serve his or her country

should be given
the chance to do so.

I have both prosecuted and
defended military personnel

charged with offenses
relating to homosexual behavior.

I've not allowed my
own moral judgments

to effect my job performance.

Colonel, the UCMJ has,
since its codification in 1950,

allowed the death penalty.

What is your disposition

on this issue?

It doesn't matter what I think

about the death
penalty, Senator,

since if history is any guide,
I won't see it carried out.

No military death row
inmate has yet to exhaust

the appellate process in
the era of modern military law.

We haven't actually
put anyone to death

in the past 43 years.

You seem frustrated
by that fact, Colonel.

Am I to infer that you
favor capital punishment?

My official position
is to enforce the law

as enacted by Congress, Senator.

But I... I take my personal
counsel on that subject

from the books of
Exodus and Leviticus.

Colonel Cresswell,
in November 2001,

the President issued an
executive order authorizing

the use of military tribunals
to try foreign nationals.

What are your
feelings about this?

I don't have feelings
about presidential decrees.

My opinion is that
the constitutionality

of these tribunals
depends upon whether

the full Bill of Rights applies
to foreign enemy combatants.

In Ex Parte Quirin,
President Roosevelt

successfully invoked
the Articles of War

to try German saboteurs
by military tribunal.

Until the Supreme
Court says differently,

that's... that's precedent
enough for me.

Colonel Cresswell,

my question is less
sweeping in its scope.

Fours years ago, you
advised the convening authority

in the case of Marine
Corporal Arnold Garth.

It was a sexual assault case
involving a female enlisted.

Private Carolyn Irby.

Do you remember
Carolyn Irby, Colonel?

I recall the case, ma'am.

I never met Private Irby.

Did that make it easier
for you to recommend

against a court
martial for her attacker?

No, ma'am, my recommendation

was based upon the
merits of the case.

The lack of physical evidence
because she had showered,

the two witnesses
who heard her flirting

with Corporal Garth,

are those the merits you mean?

That and her own
inconsistent statements, ma'am.

Carolyn Irby's parents live
in my home state, Colonel.

What would you
have me say to them?

I would ask you
not to emotionalize

the situation
retroactively, Senator.

The law's greatest virtue

is that it isn't
swayed by emotion.

I somehow don't think
that will help Carolyn Irby

pick up the pieces of her life.

Sensationalizing her situation
for the sake of this hearing

won't help either, ma'am.

Gentlemen, please have a seat.

We just have a few
more questions for you.

We've answered
all the questions.

RABB: We wanted to
give you one last chance

to square your stories.

Ensign Geery, why
did you join the Navy?

My father, sir.

He commands the USS Beaumont.

I grew up wanting a
command of my own someday.

RABB: And you know that if
this charge goes to court martial,

your career in the
Navy is finished,

and you'd be lucky if
you stayed out of prison.

Yes, sir. I know.

Mr. Tillicum,

do you honestly believe
this incident is worthy

of this young man losing
everything he's worked towards?

This young man should
have considered that

before he pulled the trigger.

What about you, Marcus?

How do you feel?

I have no hard feelings
toward Ensign Geery.

I just want to go home.

It was a mistake, that's all.

A mistake?! He
almost killed you.

This whole thing
was your mistake.

And you got what
you had coming to you,

pulling a gun on an
officer of the U.S. Navy.

Don't talk to my son like that.

I'll talk to you that way!

You're a thief, you're a
liar, and you're a poacher.

Yeah, well, you're a
thief and I'll see you dead!

Shut up! Both of you!

Marcus, he is the enemy.

He's yours, not mine.

I don't want the life you live.

I want to believe
in something else.

I'm done fighting your battles.

And I'm done telling your lies.

Marcus, you do not
know what you're saying.

I know exactly what I'm saying.

He's in pain, he's
on medication.

According to sickbay, he's
doing just fine, Mr. Tillicum.

I can guarantee you,
Marcus, if you tell the truth,

no charges will be filed.

So, do you stick by your story?

Marcus...!

I don't take orders
from you anymore.

My father, he taught me
to hate George Young.

That night, he told
me your navy ship

would come to take what was ours

to give to Mr. Young.

And you were right, I had a gun.

And I was prepared to use it.

You committed no crime.

We've caused enough
trouble here, Dad.

You're both free to go

as soon as the captain
can find you a ride.

Thank you, Commander.

(door closes)

Well played.

Well, I've had a lot
of experience lately

with the child-father dynamic.

Colonel, please comment
on the constitutionality

of the detainee status

of the inmates at
Guantanamo Bay.

Ma'am, the Supreme
Court has generally affirmed

the right of the
President to hold them,

subject to review
by federal courts.

Until the court
addresses the details

and outside limits
of that power,

we are in uncharted waters.

Another deflection, Colonel?

Just deferring
to reality, ma'am.

Colonel, you've been in Iraq.

You have seen firsthand
our thus far fruitless

search for Hussein's
weapons of mass destruction.

Do you believe we're
legally still obliged

to be looking for
them, if they exist?

The men in country have
to assume they still exist.

It's too dangerous not to.

Do you believe Saddam
possessed components

to manufacture nuclear devices?

I don't. No.

Since U.S. action in Iraq
was termed "preemptive"

solely on our belief

that he did have nuclear
and chemical capabilities,

would you now
say that the invasion

was within the constitutional
authority of the President?

As Commander In
Chief, the President

is within his authority
constitutionally

to order such strikes, yes.

But only with the approval

of Congress, Colonel.

Our war with Iraq
is not a legal one.

I invite you, sir,
to go to Bethesda

and ask the Marines
who've been shot up

and burned up in this war

whether that makes a damn
bit of difference to them.

I quote you, Colonel,

"The law's greatest
virtue is that

it isn't swayed by emotion."

So, is it or isn't it?

Whatever you call
Iraq, it's happening.

And it's not going
to stop happening

just because you
give it a different name.

Both sides of the
congressional aisle

have used this engagement
as a way to manipulate

the natural fear people feel
when their country's threatened.

It's not political to the
guys ducking RPGs

and wondering if the next
car they stop at a checkpoint

is going to blow them apart.

This JAG appointment
isn't political either,

at least it shouldn't be.

The law is blind, she's
also an Independent...

and she doesn't care if
you get reelected next year.

If that answer doesn't
satisfy you, Senator,

I respectfully suggest you
find someone else for the job.

That went all right.

Yeah, we averted an
international incident. Mm.

I just spoke to Bud.

You'll be happy to know

that your friend
Cresswell imploded

in front of the
senate subcommittee.

Couldn't happen to a nicer guy.

How charitable of
you, Ms. MacKenzie.

Even I have my limits, Harm.

Well, turns out all the
worry was for nothing, right?