JAG (1995–2005): Season 3, Episode 2 - The Court-Martial of Sandra Gilbert - full transcript

(woman, children laughing)

GIRL: Open it.

Open it.

Ah, okay.

Oh, a box!

(laughing)

GIRL: It's a
Cobra, like you fly.

Do you like it?

You know I do.

Oh, honey, it's
beautiful... Thank you.

CHILD: You're welcome.



WOMAN: Thank you,
Lisa, for your help.

(kissing): It was good help.

Max?

Mommy!

Mommy!

Mommy!

It's the Lieutenant's birthday.

Max, you have really done it.

Following in his
father's footsteps

as a naval aviator,

Lieutenant Commander
Harmon Rabb, Jr.

Suffered a crash
while landing his tomcat

on a storm-tossed
carrier at sea.

Diagnosed with night blindness,



Harm transferred to the Navy's
Judge Advocate General Corps

which investigates, defends
and prosecutes the law of the sea.

There, with fellow jag lawyer
Major Sarah MacKenzie,

he now fights in and
out of the courtroom

with the same
daring and tenacity

that made him a
top gun in the air.

CHEGWIDDEN: First Lieutenant
Sandra Gilbert is suspected

of committing adultery
with an enlisted man.

Her squadron C.O., a
Lieutenant Colonel, um...

Turner... wants to charge
her with conduct unbecoming.

Now, last night general
McCartney calls me at home

and says he'd like to recommend

that our investigation of
her alleged misconduct

be handled quietly and quickly,

that he will not tolerate
the kind of fiasco

the Air Force had
with Kelly Flynn.

Did the General also indicate
the desired outcome, sir?

You know, Commander, I'm
going to pretend I didn't hear that,

otherwise I'd have to put
you on administrative leave,

while I drew up papers to have
you transferred to Adak, Alaska.

I'm sorry, Admiral, I
didn't mean to imply

that a senior officer was
trying to bring undue influence

on a court proceeding.

Or that he asked us to avoid

a high-profile court-martial.

You're both on thin ice!

Lieutenant Gilbert's stationed
at Camp Pendleton, California.

She's assigned
to H.M.L.A. 488...

A Marine light attack
helicopter squadron.

Lieutenant Gilbert's
a Cobra pilot?

That is correct.

First in her class in
advanced helicopter training.

I didn't know you were
familiar with the case.

Well, I'm not,
sir, but her picture

was on the cover
of the Navy Times.

Oh, the poster girl
for women in combat.

The evidence
needs to be reviewed

and, if called for, charges
drafted, Commander.

Have you decided who'll
be handling the case, sir?

Do you have any thoughts
on the subject, Major?

Well, I don't mean to
overstep any boundaries, sir,

but Commander Rabb is in
court on the Grekly matter,

and if you haven't already
made a decision on counsel,

I'd like to volunteer
for the case.

Now, there's a surprise.

Because I'm the best
person for the job.

Yeah, your main
qualification is you're a woman.

That's one of them.

I'm sure you figure
Lieutenant Gilbert needs

a friend in court.

(mockingly): No, Harmon.

I figure Lieutenant Gilbert
deserves a full and fair hearing

just like everyone else,
no matter how the chips fall.

No special pleading because
she's a woman in love.

No playing the gender card.

People don't like you
when you get like this.

I'm just trying to prepare you

for what lies ahead, Mac.

Good morning, Sir, Ma'am.

Lieutenant Roberts.

Bud.

You just don't get it.

Sorry I'm late, ma'am.

Why can't you understand

that every time a
woman screws up

and gets special treatment

it ruins it for people like me?

Killer traffic... I don't know
about the woman thing.

Not now, Bud!

Because I earned my way here.

All I asked for was an equal
chance, a level playing field.

I made it on the merits.

Now, Bud.

Sorry to interrupt, ma'am.

(sighs): I'm used to it.

There was this traffic
accident on the Beltway...

We're leaving for
Camp Pendleton at 1300.

That leaves you two hours
and seven minutes to pack.

MAN: I don't need to remind
you this is a competitive exercise.

The field judge grades
you on technique

in approach-and-shoot.

You'll be flying
nap-of-the-earth.

I want you ten feet off
the deck at all times.

Your target is an M-60 tank.

There's an avenger
battery guarding the tank.

It takes him ten
seconds to fire.

That gives you eight
seconds to get off your shot.

Whoever hits first wins.

Be advised: Smokey
Sams will be fired

across your nose
during this exercise.

Good hunting.

Good luck, Lieutenant.

Give 'em hell.

Just like always.

Any lower, you'll get
grass stains on the skids.

(laughing quietly)

Okay, I'm ready to pop.

Ready.

We're on the go.

I have a visual.

I'm locking on!

Getting ready to shoot.

Bogey, eleven o'clock.

Attempting to lock on.

Wizard, I think
they're looking at us.

Fire!

Weapon away!

They're locked on.

Nine seconds... eight...

I have lock-on,
range 1,500 yards.

Four seconds to intercept.

Launching Smoky Sam.

Missile launch.

Four... three... two... one...

Gets 'em!

Yeah. We're out of here!

Four seconds to
impact... three... two...

Damn! Lost contact.

Nice shooting, Mustang...

That's a keeper.

Thank you, sir, I'll take it.

You did good, Mustang!

(laughing): Yeah,
not bad for a girl!

(knocking)

Enter.

Major MacKenzie,
Lieutenant Roberts

to see you, sir.

Thank you, Gunner.

You're one of ours.

Yes, sir.

At ease.

Let me be blunt.

When Admiral
Chegwidden informed me

you'd be assigned to this matter

I asked him to reconsider.

May I ask why, sir?

I was afraid your personal
feelings would affect

your ability to prosecute
Lieutenant Gilbert.

Sir, I haven't yet formed an
opinion about Lieutenant Gilbert

and it is not customary for me

to let my feelings get
in the way of my job.

Admiral Chegwidden
led me to believe as much.

Sir?

He said you were cold-blooded.

I need to see the
witness statement

and the N.C.I.S. report.

(sighs)

Ma'am.

Thank you, Lieutenant.

The charge sheet on top.

The Admiral sent us here

to investigate the evidence

and help draft
charges if necessary.

I've decided to
refer these charges

to a court-martial, Major.

I was signing the
order when you came in.

Sir?

I considered giving

Lieutenant Gilbert
a lecture or fine

and transferring
her to Diego Garcia.

I rejected that out of hand.

There are other
options, sir: counseling...

This is a disciplinary
matter, Major.

Lieutenant Gilbert
disobeyed a direct order

to end an affair
with an enlisted man

in her chain of command.

That's prejudicial to
good order and discipline.

That's not a matter
for counseling.

So you wanted to make an example

of Lieutenant Gilbert?

Draw a line in the sand?

This has nothing to
do with what I want.

I'm doing what
is required of me.

You have a problem with that?

I don't have an informed
opinion, Colonel.

That's a lawyer's answer.

That's what I am, sir.

We're going to get
along fine, Major.

I'm flattered by
your confidence, sir.

We expect our officers to
set the standard of morality.

We have to be true to our oath.

That means obeying orders...

Even ones that break your heart.

MACKENZIE: Lieutenant Gilbert!

I'm Major Sarah MacKenzie,
Judge Advocate General Corps.

This is Lieutenant Roberts.

Good morning, Ma'am, Lieutenant.

It's my duty to inform you

that you're charged with
the following violations

of the uniform code
of military justice:

Article 90, willfully disobeying

a lawful command of a
superior commissioned officer;

Article 133, Conduct
Unbecoming an Officer

Article 134, Actions Prejudicial
to Good Order and Discipline.

Time will be set
for a court-martial

and counsel will
be provided to you.

Yes, ma'am.

This isn't a good time,
Gunnery Sergeant.

You want to tell me
what's going on, sir?

I don't think that'd
be productive.

Don't make it worse, Gunny.

You didn't even hear what I
had to say before slamming me.

I read the N.C.I.S. report.

Is that enough for you, Major?

Were you willing to condemn
me without a fair hearing

or didn't you want to
hear what I had to say?

You'll get a full and fair
hearing in court, Lieutenant.

That's a little late.

Who will be defending me?

Lieutenant Commander
Harmon Rabb.

He just won a tough case and
he's en route from Washington.

If there's nothing else,
Major, I have a mission to fly.

Lieutenant!

I'm grounded?

Colonel Turner
made that decision.

We're in the middle
of quals, ma'am.

I won't get another
shot for a year.

I'm afraid there's nothing
I can do, Lieutenant.

(knocking)

TURNER: Enter.

Sir, Lieutenant Commander Rabb.

Colonel.

Commander.

Fast work.

Excuse me, sir?

I assume you're here to tell me
that you and Major MacKenzie

have reached a
pretrial agreement.

No, sir. I've yet to sit
down with Lieutenant Gilbert

and see how she would
like to proceed, Colonel.

This is strictly
a courtesy call.

She doesn't have a lot
of options, Commander.

No, sir, now that
you've filed charges.

She's one of your
best Cobra pilots.

That's correct.

Spotless record.

She had the potential to
be a fine officer, Commander

but she screwed it
up with her conduct.

That's a little
premature, Colonel.

That's not in doubt...
and that's too damn bad.

(door opens)

Excuse me, Colonel...

Thought you might
want to see this, sir.

MAN (on TV):
With all due respect,

I don't see where
this is relevant.

WOMAN: I have full
confidence, General McCartney,

that you don't have a clue.

MAN: The case of Lieutenant
Gilbert has nothing to do

with this discussion of
budget and appropriations.

WOMAN: Well, I'll make
the connection for you.

You need M1A2 tanks.

I need answers.

I'm fully confident all
the facts will come out

at the court-martial.

Lieutenant Gilbert
has a high profile.

I want to make sure that
isn't why she's a target.

A target for whom,
Congresswoman Latham?

Are you commencing
a witch-hunt, General?

Is your chain of command

exclusively populated
by peeping toms

who pry into the
lives of its troops?

An AH-1 Whiskey Super Cobra
helicopter carries a payload

of hellfire and
sidewinder missiles.

The 20-millimeter
turreted cannon can fire

750 rounds per minute.

How can you trust a pilot
with that kind of firepower

if you can't trust her

to obey a simple order to stay
away from an enlisted man?

That's the military reality.

Well, I'm impressed

by the firepower of
your cannon, General.

But this is a whole
new ball game.

Women are here to stay and
they deserve equal treatment.

I intend to see to that.

So do I, Congresswoman, so do I.

RABB: Describe your relationship
with Gunnery Sergeant Frankl.

He's my flight line chief,

the man responsible for
keeping me alive and flying.

I trust him with my life.

He's never given me any reason

to doubt his
judgment or his skills.

He's a married man.

Yes.

Two children.

Yes... Sarabeth, eight

and Lisa, four.

How much time did you spend

with Gunnery Sergeant Frankl?

I saw him in the
course of my duties.

And outside of work?

Sometimes the air crews went
out for a beer, a bunch of us.

We talked shop.

What else?

I was counseling
Gunnery Sergeant Frankl

on his marital problems.

FRANKL: I didn't
know where else to turn.

There are counselors on
base, Gunnery Sergeant.

With all due respect, ma'am,

the counselors are
supposed to be a private thing

but once a guy
spills his guts to them

seems like everybody
knows his problems.

It could scuttle a career.

So you turned to
Lieutenant Gilbert

for a shoulder to cry on?

No, ma'am.

I respect her opinion.

I wanted her advice and counsel.

HARM: Did you ever meet
with Gunnery Sergeant Frankl

behind closed doors?

No.

Why not?

Because...

I don't have a door to close.

My office is a cubicle,
so... there's no privacy.

I didn't want to talk about
personal matters there.

I was afraid it
would hurt his career.

So where did you counsel him?

One time we went
out for a drink;

another we took a walk;

once in a Humvee

on the way back from
a training exercise.

Look, ma'am, there was
nothing going on between us.

She just listened
to our problems.

"Our" problems?

My wife's and mine.

Was your wife present?

No.

Did she know about
the counseling?

No, ma'am... I didn't think

she'd like me talking
to the Lieutenant.

Because the Lieutenant
was a woman?

No.

My wife is old-fashioned.

She thinks that our
problems are just that...

Our problems, and
that we should be able

to work them out ourselves.

I was helping Gunnery
Sergeant Frankl make a decision

about what needed to be done.

About ending his marriage?

About patching things up

for the sake of his children.

He loves his kids.

They go everywhere with him.

You have a relationship
with his children?

Yeah.

Sarabeth is the oldest.

She wants to be an astronaut.

She asks me everything...
"What's Space Camp like?"

"How do you get
into the academy?"

Talking with her is like talking
to myself when I was her age.

Did Colonel turner
ever order you not to see

Gunnery Sergeant Frankl
outside of your regular duties?

He never came out and said it.

What did he say?

He said that it was
important for me to maintain

a strictly professional
relationship with my Marines

and he hoped that's
what I was doing.

And did you do that?

I am responsible for the men and
the women under my command.

I was doing what I thought best.

Maybe I could
have done it better.

Nobody doesn't make mistakes.

Not a lot of room for failure
in the service, Lieutenant.

You never made a mistake?

No.

Okay.

Plenty of times.

Yeah.

So how does it work
for you, Commander

and not for me?

Are there really two standards?

HARM: You do know this case
should never have come to trial.

Are you looking for a deal?

No.

Lieutenant Gilbert will plead
guilty and take her chances,

I think I can win
this thing on merits.

Good evening, gentlemen, ma'am.

Colonel Turner tasked
me with informing you

that Congresswoman Bobbi Latham

will arrive at 0800.

Commander, Ms. Latham
has requested that you meet her

immediately upon her arrival.

Do you have a message
for Colonel Turner, sir?

I don't suppose you
could tell the Colonel

you looked for me everywhere
and I was nowhere to be found?

No, sir.

I didn't think so,
Gunner. Thanks.

Good luck, Commander.

You thought Congresswoman
Delong was tough.

Bobbi Latham grew up

on the streets of Detroit.

Of course, that was
before she graduated

first in her class at Yale Law.

You coming?

You're on your own, pal.

(sighs)

Congresswoman
Latham, Commander Rabb!

We need to talk.

I'll make some time for you

this afternoon, ma'am...

or right now.

My colleague
Congresswoman Delong

warned me about you.

I would have liked
to have been there

for that, ma'am.

I don't think so.

She said that you were arrogant

pigheaded, uncooperative...

Sounds like her, ma'am.

She also said you were fair.

She failed to tell me
that you were handsome.

I don't think that
matters to her, ma'am.

Whatever the history is

between you and
Congresswoman Delong

I'm here to make sure

that the Navy has
the right person

defending Lieutenant Gilbert.

I'm sure you think

that my colleague,
Major MacKenzie

is the right woman for the job.

That's precisely
what I'm thinking.

Then you're dead wrong.

I believe Lieutenant
Gilbert is innocent

and it's my duty

to represent her aggressively.

Nothing stands
in the way of that.

Are you telling me
not to get in your way?

Yes, ma'am.

Good for you, Commander.

Lieutenant Gilbert needs a
passionate advocate in court

and someone to make sure
she's not tried and convicted

on the front pages of
the New York Times

before opening statements.

And that would be you.

Damn straight.

MACKENZIE: You are an
elementary school teacher.

MRS. FRANKL: Yes.

You're married

to Gunnery Sergeant
Maxwell Frankl.

Yes.

For how many years?

Ten this December 18.

Are you acquainted
with Lieutenant Gilbert?

Yes, ma'am.

Max... Gunnery Sergeant Frankl

is her flight line chief.

Could you describe your
observations of them together?

Objection, Your Honor.

Calls for speculation.

Overruled.

MACKENZIE: How
would you characterize

the relationship, Mrs. Frankl?

Is it businesslike in nature

or friendlier than a
business relationship?

They were close.

I know he sees her

and talks to her after hours.

Was Lieutenant Gilbert
ever a guest in your home?

Yes... once.

That you know of.

Objection.

Withdrawn.

Were you present?

Yes.

Part of the time, anyway.

Did you invite her?

No.

Were you away at the time?

Yes, I was visiting my
mother in Cleveland.

MACKENZIE: Did you
return home unexpectedly?

Yes, I got an earlier flight.

What did you find when
you returned home?

Lieutenant Gilbert

was sitting at my
dining room table.

Were you aware
that Lieutenant Gilbert

had been given orders
not to see your husband

outside of her regular duties?

Objection... hearsay.

Sustained.

Did your husband
and Lieutenant Gilbert

ever take trips
together out of town?

Yes.

To your knowledge

did they ever stay
at the same motel?

(voice breaking): Yes.

MACKENZIE: Did they
stay in the same room?

Objection.

Your Honor, asks for information

beyond witness's knowledge.

Overruled.

(voice breaks)

I have no way of knowing that.

Do you believe
that it's important

for a wife to be able to trust

her husband when
he's out of town?

Yes, of course I do.

A lot is asked of
a Marine's wife...

and we ask a lot in return.

Thank you, Mrs. Frankl.

No further questions,
Your Honor.

Mrs. Frankl, your husband,

Gunnery Sergeant Frankl,

and Lieutenant Gilbert

were separately registered

at the New Eden Motel in
Yuma, Arizona, on February 16.

I don't know the date for sure.

Your Honor, there
is a stipulation

entered into by the defense

and the government.

It was February 16...
Rooms 206 and 213.

So stipulated.

Isn't it true they were
on a training mission?

Yes.

Why didn't your husband
stay at the B.E.Q.?

MACKENZIE: Objection.

The witness isn't qualified
to answer the question.

Sustained.

Mrs. Frankl, are you
familiar with Yuma, Arizona?

Yes, my husband and
I were stationed there.

Are temporary
quarters available?

No.

So flight crews are housed
at the New Eden motel.

Yes.

You testified

that you found Lieutenant
Gilbert in your house

when you returned
from Cleveland.

Were she and your husband alone?

No.

Our children were there.

Had your husband invited

Lieutenant Gilbert
to your house?

No... Sarabeth,
our eight-year-old,

had called her and
invited her over.

Why?

It was

Lieutenant Gilbert's birthday

and my daughters had
made a present for her.

Are your daughters close
with Lieutenant Gilbert?

Yes.

Sarabeth worships her.

HARM: In what way?

Lieutenant Gilbert is everything
my daughter wants to be.

Thank you, Mrs. Frankl.

No further questions

Your Honor.

I like your style, Commander.

That was the easy stuff, ma'am.

Well, now I get
to have some fun.

(reporters all talking)

Commander Rabb
and I will be answering

your questions in a moment.

First I'd like to make
a brief statement.

The old boys'
network that has a bias

against women in
combat is about to get

a wake-up call.

You throw an aviator with
the skills of Lieutenant Gilbert

to the wolves, and it's
going to bite you on the ass.

Once this court-martial is over

the house subcommittee
will hold hearings.

I intend to get to
the bottom of this.

I want to know
why this happened.

(reporters shouting)

(knock at door)

Enter.

Colonel Turner,

Congresswoman Bobbi
Latham is here to see you, sir.

Pleasure to meet you, ma'am.

Colonel, I'd like
for you to arrange

a ride for me in a Cobra.

Be glad to accommodate you

Congresswoman Latham.

Name your time, and
I'll arrange one for you.

I want Lieutenant Gilbert
to take me for my ride.

This is the first
I've heard of it, sir.

I've grounded Lieutenant Gilbert

pending the outcome
of her court-martial.

Un-ground her.

I can't do that.

Is he telling the
truth, Commander?

Ma'am, I really don't
think this is a good idea.

Can he put Lieutenant Gilbert

back in the air?

There's not a lot of precedent

but technically...

Yes or no?

Yes... Colonel Turner

can return Lieutenant
Gilbert to flight status.

I'll be ready in an hour.

One more thing.

TURNER: Ma'am?

How was this allowed to happen?

That's the wrong
question, ma'am.

And what's the right
question, Colonel?

How do we stop this
from happening again?

LATHAM: You
don't approve of this.

HARM: No, ma'am.

Lieutenant Gilbert's
one hell of a pilot.

If she screws up,
my life is on the line.

It's a risk I'm willing to take.

Lieutenant!

Ma'am.

Let's go flying.

Mind if I sit down, Harm?

Would it matter if I did?

Not a bit.

Call me Bobbi.

Can I get you something, ma'am?

Uh... cognac... make
it a double, please.

General Eisenhower had
an affair with his driver.

How is that relevant?

My client did not
have an affair.

I know.

If the Pentagon had cashiered

every officer during World
War II who committed adultery

Hitler's children would be
sitting in the White House

instead of Bill Clinton.

Ever been in love?

(gasps quietly)

What happened?

She was my best friend's wife.

So you never said a word.

He died two years ago.

So now what's keeping
you from saying your piece?

Do you always ask
this many questions?

I'm nosy by nature.

I find it hard to believe

that she would turn you down.

Women like you, Harm.

Mac likes you.

She'd like to wring my neck.

I get that feeling a couple
of times a day, Commander

but it passes.

Sandra likes you.

That's because I'm all
that stands between her

and half a year in the brig.

I don't dislike you as much
as Adele said I would, Harm.

Your friend's wife...

She lost one husband and she
doesn't want to lose another?

She wants a life of her own.

Fancy that.

It's a new world, Commander

or do you like the
old world better?

Little woman keeping
the home fires burning

and raises the children and
waits like faithful Penelope

for Odysseus to return
home from the wars.

You know, that
was my mother's life.

She never complained, even
when my father didn't come home.

I want Sandra
Gilbert vindicated.

So do I... Bobbi.

MACKENZIE: Colonel Turner,

how did the
adulterous relationship

between Gunnery Sergeant
Frankl and Lieutenant Gilbert

come to your attention?

Objection...

Assumes facts not in evidence.

Sustained.

How did the the
alleged relationship

between Gunnery Sergeant
Frankl and Lieutenant Gilbert

come to your attention?

An anonymous call to the
sexual harassment hot line.

The caller said they'd
been seen together

in an inappropriate
manner on several occasions

including an overnight stay

while they were T.A.D.
in Yuma, Arizona.

What did you do next?

I ordered Lieutenant Gilbert
to see Sergeant Frankl

only in the course
of her regular duties.

And did she willfully
violate that order?

Objection, Your Honor.
Leading the witness.

Sustained.

And to your knowledge,
did she obey that order?

No. She went to the
Gunnery Sergeant's home

while his wife was
away for the weekend.

Thank you, sir,
that will be all.

Did you ask Lieutenant Gilbert

about the truth of the
anonymous allegations?

No.

Why not, Colonel?

Even the appearance
of impropriety

is a threat to good order
and discipline in the ranks.

That a hot line call was made

indicated a perception
of impropriety.

I felt that was
enough for me to act.

Did you put your
order in writing, sir?

No.

May I ask why?

I did not feel that
was necessary.

Do you recall the exact wording

of your order to
Lieutenant Gilbert?

Yes. I told her to
end her relationship

with Gunnery Sergeant Frankl

and see him only
during working hours.

Those were your exact words?

As close as I can recall.

Is it possible, Colonel, that
your wording was less precise;

that, for example, you told her

to maintain a strictly
professional relationship

and hope she did so?

My words left no
room for interpretation.

But you can't recall
precisely what you said.

I didn't need to be explicit...

She knew what I meant, and
she knew she should knock it off.

Uh, sir, ma'am, we have to talk.

I checked the Lieutenant's
medical records.

I got this back from the lab.

I think you might be
interested in this, Commander.

Lieutenant Gilbert is
five weeks pregnant.

I didn't know that I was
pregnant until yesterday.

Really?

Precisely when did you discover

you were having an
affair with an enlisted man?

Damn you, Lieutenant.

How am I supposed to defend you

if you won't tell me the truth?

I never dreamed it would
get this far, Commander.

It all happened so fast.

Sandra, if I am going
to get you a deal

you have got to
give me something.

You're only hurting
yourself by holding back.

You were having an affair

with Gunnery Sergeant Frankl.

Yes.

Colonel Turner ordered
you not to spend time

in Gunnery Sergeant
Frankl's company?

Well, I think that
there are several ways

his words might be interpreted.

I'm the lawyer here, Lieutenant.

The answer to the question is,
"Yes, Colonel Turner ordered me

"not to spend time in Gunnery
Sergeant Frankl's Company.

"I willfully disobeyed the order

and I went to his house
when his wife was not home."

Sarabeth and Lisa were with
us. Where's the problem with that?

You graduated from
the Academy, Lieutenant

you went through basic
and advanced flight training

you got your picture on
the cover of the Navy Times

and you don't know the
answer to that question?

"An order is an order
and is to be obeyed."

Okay, tell me again
so I understand.

We're in the middle of a trial,

the evidence
supports a conviction

and you want me
to let her walk away?

The matter was unfairly
sent to court-martial

from the beginning, Mac.

It deserved nonjudicial
punishment at best.

My client was railroaded.

That bridge is crossed, Harm.

All I'm asking for

is an administrative discharge

in lieu of a court-martial.

"For the convenience of
the government," ma'am.

Thank you, Bud.

The government requires
that the Armed Forces

maintain good
order and discipline.

How is that accomplished
if I let her off the hook?

Are you willing to let
all this come out at trial?

What, that your client is
a liar and an adulterer?

That my client is a victim
of selective prosecution.

I checked the records, Mac.

There were four other male
officers at Camp Pendleton

guilty of the same infraction
as Lieutenant Gilbert.

None of those cases
went to court-martial.

One officer was transferred
to another command,

two received reprimands
and the fourth left the service

with an honorable discharge.

There's a different set of
rules for Lieutenant Gilbert

because she's a woman.

How many of them were given
a direct order to stop the affair?

None. That's my point.

Come on, Mac, give her a break.

Harm, I may want to give her
a break, but that is not my job.

"Lieutenant Gilbert
deserves a full and fair hearing

"just like everyone else

"no matter how the chips
fall, no special pleading

and no playing the gender card."

You remember everything I say?

Only the good stuff.

Let's see what the
judge has to say.

Mac...

You don't really believe
Lieutenant Gilbert deserves

to spend time in the
brig for this, do you?

That depends on
whether you can prove

there was a
selective prosecution.

Counselors, I have
reached a decision.

Commander Rabb, your argument

that the new evidence

will impact the defense
of your client is compelling.

I therefore, in the
interest of justice

grant a recess until
tomorrow morning.

Is that acceptable?

Yes, Your Honor.

(gavel strikes)

Commander Rabb. Ma'am.

The trial was going
great... why the delay?

Some new information
has come to light.

And you're not going to tell me?

That would be a violation
of attorney-client privilege.

I was assured by
General McCartney

that I would be denied nothing;

otherwise, there'd
be hell to pay.

Are you threatening me, ma'am?

Is a pig's ass pork?

Am I catching you at a bad time?

I can't imagine a
worse time, ma'am.

I was once engaged to a
Marine captain for about a week.

That was a long time ago.

What happened?

I think I fell in love with the
uniform instead of the man.

I should have married him.

He would have made a great wife.

He was a good cook,
he can iron a mean shirt

and he made a bed so tight

you could bounce
a quarter off of it...

among other things.

(chuckles quietly)

You want to tell
me what's going on?

Sandra, I can't help you if
you don't tell me the truth.

People keep telling
me that, ma'am.

I keep getting
deeper in trouble.

I'm not going to let you quit.

We can fight this...
I can beat them.

I'm not going to have you
railroaded out of the service.

There's one problem, ma'am.

I'm pregnant.

Have you told him?

Not yet.

It ended between us

before all of this happened.

He felt his first responsibility
was to his family.

I knew it was wrong, ma'am,
I was just so damn lonely.

Couldn't you have
found a fellow officer?

Other officers didn't want

anything to do with me.

Max was different.

It felt so great to be in love.

I gave up a lot of
normal stuff to get this far.

You put your heart on hold.

We all do.

It's the price we pay

to have success
in a man's world.

I'd do it again.

That makes me a lousy Marine.

I love the corps, ma'am.

I did something stupid.

I betrayed the trust

the corps placed
in me as an officer.

(sobbing)

And now it's cost me
everything that I love.

Except your baby.

Harm!

I talked to Sandra.

You're interfering
with my client.

I'm the best friend
your client has.

Why can't you understand?

This is bigger
than the courtroom.

The whole world is watching.

I don't care what the world
thinks, Congresswoman.

Well, I do.

Bobbi, you have an
agenda. I have a client.

All I care about is
what's best for her.

But do you think all
Congresswoman Delong and I

care about are
getting the headlines,

about sticking
it to the military,

about furthering the
role of women in combat?

Yes. Then you're dead wrong.

I want everyone to
have the same chance.

Look, tell me what
you came to tell me

but let me do my job.

I'd hate to think
that Sandra's child

would be born behind bars.

I believe that can be avoided.

Or that charges will be brought

against Gunnery Sergeant Frankl.

Sandra believes she's
done enough damage.

Gunnery Sergeant
Frankl is guilty

of lying and fraternization.

Some kind of punishment
cannot be avoided

but the fact that he
ended the relationship

speaks well for him.

What else?

I want Sandra Gilbert
to leave the service

with her head held high.

That's right, Commander...
I'm backing down.

You find a way to resolve
this, and you're a hero.

Gee, you don't ask much, do you?

I'm known for it.

(knocking)

Enter.

Evening, Colonel.

Commander.

I think we can put this
matter behind us, sir.

Good.

I've worked out the details
with Major MacKenzie.

Lieutenant Gilbert agrees

to an administrative discharge

and she will not contest the
charges brought against her.

Then it's over.

Not quite.

Lieutenant Gilbert
will not have me

file a complaint against you
for selective prosecution...

We both know she has no
grounds to file such a complaint.

Maybe not, sir, but even
the appearance of impropriety

is enough for some
people these days.

Lieutenant Gilbert is not the
victim of selective prosecution.

She also was not the first
officer at Camp Pendleton

to be guilty of
fraternization, Colonel.

There were four others,
dating back to 1992.

Yes, sir, all of
those involved men,

and none of those cases
went to court-martial.

That was then, Commander.

The standard has
not changed, Colonel.

The political climate has.

Is that why you brought charges

against Lieutenant
Gilbert... politics?

My actions regarding
Lieutenant Gilbert

had nothing to do
with her gender.

If those male officers had
committed the same offense today

that they did several years ago,
they'd be prosecuted likewise.

Lieutenant Gilbert was one
of the best and brightest...

and she screwed it up.

All she had to do was
stop seeing the guy

but once she disobeyed orders

she was finished.

And I did what I had to do.

It's a damn shame.

Colonel, Lieutenant
Gilbert has one exercise left

to complete her quals.

You're not suggesting
I put her back in the air.

You've already
done that, Colonel.

It's going to take
me two or three days

to process her paperwork.
Let her complete her quals.

Give me a good reason
why I would do that.

Because it's the
right thing to do.

Guns are loaded
and double-checked.

I'm hoping I won't need them.

You need them, they'll fire.

Give 'em hell.

Just like always.

It's okay, Max.

Say good-bye
to the girls for me.

Tell them I will think
of them every day.

I'm sorry for what happened.

It's nobody's fault, Max.

I did the math, Mustang... we
score 90 and no one can beat us.

Under that, we're toast.

Let's hit the damn thing
on the first pass then.

Okay, Mustang,
commence the exercise.

You are free to start.

The clock will begin ticking

as soon as you
pop over the ridge.

This is a tough exercise, ma'am.

She gets two rockets to
shoot at a moving target.

What happens if she misses?

She goes to her guns.

Air speed cannot
drop below 80 knots

she gets a single pass

the quicker the kill,
the higher the score.

MAN: Counting down from 100.

WIZARD: I have a visual.

(Wizard yells)

WIZARD: Way to go, Mustang!

(hollow tone): Yeah...
not bad for a girl.

That's a kill, Colonel.

Nine seconds...
that's a 91 out of 100.

That puts her in first place.

She made it, ma'am.

(both laugh)

Nice shooting, Lieutenant.

Thank you, sir...

for everything.