JAG (1995–2005): Season 4, Episode 13 - War Stories - full transcript

Serbian ultra-radical extremists have executed three NATO observers near Kosovo. A SEAL team went in to rescue; however, the officer in charge delayed the jump and missed the deadline by 37 minutes. The OiC now faces charges of disobeying a lawful order and involuntary manslaughter by culpable negligence. Mic prosecutes, Mac and Bud defend, and Harm takes charge of the JAG headquarters while the admiral takes some annual leave, during which time he unexpectedly becomes a technical adviser (later an unhappy one) to the making of a movie. The defendant objects to Bud's representing him, but he changes his mind after Bud finds a strong argument in his favor. Bud and Harriet make a pair of significant announcements.

We are within
minutes of the deadline

set by Serbian extremists

for the execution of the
three NATO observers

kidnapped yesterday
on the road to Kosovo.

The extremist group's
demand for a full pullout

of all NATO personnel
from the region

has apparently gone unanswered.

Both Italian and French
military commanders

have refused comment,

furthering all inquiries
to NATO headquarters.

You think they'll execute
the NATO observers, Admiral?



I hope not, but nearly
everyone at the Pentagon

looked pretty
grim this afternoon.

Who didn't look grim, sir?

Some old friends of mine.

If you've been
reading the headlines,

you're aware that three members

of the NATO verification mission

were kidnapped in
Kosovo two days ago.

Two of the observers

were French and
the other was Italian.

Lieutenant Roberts

has been doing
the research on this.

The captors represent
an ultra-radical faction

of the Yugoslav army.



The stated purpose
of the kidnapping

was to effect a pullout
of all NATO personnel

in the region within
a period of one day

after the communiqué.

Of course, this
was not an option.

What are we to infer by
the use of the past tense, sir?

Last night, members
of SEAL Team Eight

found all three NATO observers

hung by the neck
in a horse barn.

The team leader,

a Commander Thomas Risnicki...?

Yes, sir. Postponed the

scheduled jump, went
in three hours later,

37 minutes past the deadline.

According to the
CNO, you could hear

the NATO Commander's screams
all the way to the Pentagon.

Charges are
disobeying a lawful order

and involuntary manslaughter
due to culpable negligence.

I'm moving this to
the top of the docket.

Major, you'll lead the defense.

Yes, sir.

Mr. Roberts, you will be

the assistant defense
counsel in this case.

Sir?

Drop the befuddled expression,
Lieutenant; you've earned it.

But, sir, this is
an important case.

Do I detect a lack
of confidence?

No, sir.

Good.

Now, Commander Rabb...

I'm on it, sir.

I'm giving that assignmentyou
to Commander Brumby. e

I want you to replace me.

Excuse me, sir?

They're making me
take my excess leave

prior to the end of the month.

Starting Friday, I'm putting
you in charge of JAG operations.

All the senior officers were

either occupied or unavailable.

Took some doing, but I
got special dispensation

from the SECNAV.

Well, sir, I'd be proud
to serve this office

in any way that I can.

Don't let anyone go home early.

No, sir.

Thank you. Thank you.

I just got off the phone with...

Go ahead. Go ahead.

The amnio results are in.

That's great.

Harriet, the Admiral
just appointed me

assistant defense
counsel to the Major

on a high-profile case.

Yay! Let's go to lunch.

Let's go someplace fancy.

I can't. I got to get cracking.

I'm going to the library.

Bud, aren't you even
interested in the sex?

During working hours?

What are you talking about?

What did you just tell me?

That was the OB on the phone.

We're going to have a son.

We're having a boy!

She's having a boy!
He's trying a big case!

$149.99!

Sorry... I was
researching the case.

I lost track of time.

Commander, this is assistant

defense counsel
Lieutenant Roberts.

Please continue.

The recon team used reef-point
video to track movement

from the point of abduction
to a barn 32 miles south.

Now, our team
was then flown over

from Little Creek
Amphib Base, Norfolk.

We were briefed and in the air
over Suva Reka 13 hours later.

We had two and a half hours

before the expiration
of the deadline.

Why did you
postpone the mission?

Adiabatic fog as
thick as a blanket.

Where I come from
we call it "tule fog."

It completely filters
out the moonlight.

It would have been
suicide to try and fight it.

The terrain was mountainous.

Even with GPS and
night-vision goggles,

we wouldn't have
been able to see enough

to avoid breaking brush
and giving away our position.

But you had a deadline, sir.

Look, as soon as it
started to lift, we went.

Now, the communiqué said
that we had one day to comply,

not 24 hours.

Did you run this by
NATO command?

We tried,

but sunspot activity was

blocking satellite
communications.

Sir, you must've known that
you were taking a chance.

You're a master

of the obvious, Lieutenant.

Look, this is exactly why I
want to waive an Article 32

and go directly
to a court-martial.

Sir, I strongly advise
you against that.

Look, I'm not disputing
the evidence, Major.

I disobeyed my orders.

Now, the question is,
was it wise to do so?

Sir... On this point,

I am immovable.

And that's what you
want us to work with, sir?

An admission of guilt?

Why not? I feel guilt.

Sir, how you feel

is irrelevant to the
question of culpability.

Look, Major, I don't believe
that I should be punished

for what I did, if that's
what you're getting at.

At the time, I considered it in
the best interests of the mission.

Now, if that makes
me guilty, so be it.

The Admiral's
on line three, sir.

Thank you, Tiner.

Admiral, nice to
hear from you, sir.

Everything all right?

Yes, of course.

How about yourself?

Fine, sir.

Anything you need to run by me?

I don't think so.

Because I am available.

You're welcome to call anytime,

even come by, talk
things out, if need be.

Well, thank you, sir.

But everything seems
to be under control.

"Seems to be"?

Just the standard
glitches, Admiral.

And what would those be?

I don't think it's anything
you need to worry about, sir.

I can handle it.

Well, et's hope so.

Um, how's Lieutenant
Roberts doing?

Well, the Major seems to
think he's a little off-balance,

but I'm not worried.

Why?

Well, he'll find
his bearings, sir.

Well, Commander,
this is an important case.

You gave it to him, Admiral.

Right, right. Um...

Excuse me a moment, sir.

Don't put me on ho...

Comman... Comman...

I need your ear, mate.

Commander Imes wants to
plead out the Marine Band case.

Apparently Marine Command
has it all on tape at a state dinner.

The tuba player
plays a flatulent note

just as the president sits.

My position is to play it out.

Argue that he came
in early on his cue.

Just a second.

Admiral...

What is it now?

Sir, I need to take
care of something.

Nothing you should be
worried about though, sir.

Have a great leave
and we'll see you soon.

You can count on it.

Yes, sir.

Hey.

You blind, son?

Excuse me?

Let's see a salute
and let's see it now.

Where the hell you
think you're going?

To makeup. You mind?

Your cover's on wrong.

What's wrong with it?

It's too high on his brow.

It should be a two-finger max.

Really?

And his uniform's off-season.

How do you know this?

I'm the judge advocate...

general.

Oh, Lieutenant Commander Rabb.

No. Admiral A.J. Chegwidden.

What business do you
have with the Commander?

He authorized us
to shoot this building.

With what?

Film. I'm Fran Glass,

producer of Field of Gold.

It's an action-adventure

drama about a
navy court-martial.

Dan Lander stars.

Who's that?

I take it you don't
go to the movies.

They make them for my age group?

Maybe I'll catch
one this afternoon.

Well, maybe you
could stick around here

and catch what we're doing,

we don't have our
tech advisers in place.

Have you ever considered
being a consultant?

Sounds interesting.

I don't know anything
about your business.

But you know
about your business,

and that's why we could use you.

I don't think so.

Aw. Have you
always been a lawyer?

Uh, no, I was with
the teams first.

Mm...?

I was a Navy SEAL.

Oh! So you have fighting
experience, as well.

Yes.

Wow. Guacamole?

Admiral!

Move those reflectors.

Get the glare off the wall.

I don't understand why the
Navy won't let you film on board.

It's just a space issue;

no place for the cameras.

In fact, they have
been very cooperative.

They let us use this warehouse.

We'll be on the USS Coral Sea
for the flight deck sequences.

Admiral Chegwidden, Dan Lander.

I understand
you're the real thing.

I understand you're not.

Well, that's why you're here.

To whip me into shape.

Let us show you around.

Good posture.

I, uh, I do pilates.

Pardon me?

It's an exercise technique

involving
spring-driven machines.

A lot of dancers use it.

I don't dance.

That's all right.

I don't march.

You will.

Whoa! Careful.

You all right?

Yeah, I think so.

I'm sorry. It's a pyro test.

We're shooting the
fire-in-the-hold scene this afternoon.

I think I'll stand over there.

Why don't you come this way.

Okay, Joey, re-set.

What do you think of the script?

Pretty good.

I made some notes.

They're marked
with the color tabs.

I'll give them to the writer.

I'd like to meet him.

What's his name?

Jim, um... Zimmerman.

Dan, we're ready for you!

Oh, yeah.

If you'll excuse me, Admiral.

I'm looking forward to this.

Sir.

Sir. He's good.

Admiral, I would like to
run something by you.

We have yet to cast the
role of Lieutenant Mobray,

the officer that comes

to Commander Dresher's aid.

Now, we have narrowed it
down to a couple of actors

and I was wondering
if you had an opinion.

Fran, I'm a little surprised
by your old-fashioned ideas

about the military.

How do you mean?

Well, if you'll allow me,

I think there's an
alternative way

to cast Lieutenant Mobray.

I owe you one, Mobray.

Your country owes you, sir.

Cut.

Print the last two.

House lights!

Lovely. That was the one.

It worked for you?

Oh, it sparkled.

Tina, really wonderful.

We're going to keep
Risnicki off the stand.

He's in too much conflict.

Brumby will break him down.

Sounds right. Who's
gonna make the case?

Major General Plesac, sir.

Who?

We're going after the NATO
Commander in Kosovo.

We'll argue that Risnicki was
faced with two bad choices

and that he's being used as a
scapegoat by the higher-ups.

You don't need the
General. It's a good argument:

The Commander
was reluctant to risk

both the mission and his men.

You can win this
case on the merits.

There's nothing
to work with, Harm.

We have a shaky defendant

and there's no autopsy report.

Why?

Well, apparently, the
recovery team was ordered

to embalm the bodies on site.

Not to mention that the prosecution
owns the emotional stakes.

The fact is three men are dead.

The members will want
someone to take responsibility.

The responsibility's
with the kidnappers.

Don't overplay it, guys.

It'll look like you're
trying to shift blame.

Now, the issues are clear.

Present the evidence.

Have faith in the good
judgment of the members.

Let's get a second opinion.

We're talking about

a name for their boy.

I suggested Mungo.

It was my granddad's moniker.

What do you think, Lieutenant?

I... think... it may be
too culture-specific, sir.

Why don't you guys go

with the names of
famous naval heroes...

Their first and last for
your child's first and middle?

Well, that's a great idea.

Hyman Rickover Roberts,
Chester Nimitz Roberts

David Farragut Roberts.

Oh, I like that one, sir.

Uh, "David's" good.

Thank you, sir.

You're welcome, Lieutenant.

He's different, isn't he?

Yeah.

Seems older.

More experienced.

I actually think
he's getting taller.

All right, watch
your backs, people.

And after that I did

a season of rep at the
Montana Shakespeare festival.

What plays?

Oh, As You Like
It, Timon of Athens.

I did Richard II.

"As a long-parted
mother with her child

"plays fondly with her
tears and smiles in meeting

"so weeping, smiling,
greet I thee, my earth

and do thee favors
with my royal hands."

A Shakespeare-quoting
naval officer...

Now that's something
I wouldn't expect.

I like the histories.

All those battle scenes.

Actually, that takes
place after a battle.

The moment when the king

once again sets
foot on English soil.

Right. It's about the motherland

and the reasons
battles are fought.

Oh, I like that answer.

Quiet!

Shh-shh. Shh.

Okay, settle, please.

Quiet for rehearsal.

Okay, Danny. And action.

Captain, were you not ordered

to wait for a SEAL
team to be inserted?

Yes, I was.

And why didn't you?

There was no time.

The terrorists were
already aboard.

So you went in yourself.

Fortunately, Lieutenant
Mobray was right behind me.

And if she hadn't been there, what
do you think would've happened then?

I can only tell you
what did happen.

That's objectionable.

The opposing attorney would call for
speculation. You disobeyed an order.

I neutralized the enemy, Major.

No further questions.

Cut. Lovely.

Okay, let's shoot it.

The prosecutor's
a cream-puff, Fran.

It's the hero's moment, Admiral.

That's because the
JAG's giving it to him.

He's backing off.

Well, maybe he's flustered.

I take it you've never
been to a JAG courtroom.

General Plesac, you stated
you charged Commander Risnicki

with disobeying an order
and involuntary manslaughter.

This because of
the fact that he failed

to commence the mission
per the established timetable

which cost the
lives of the hostages.

That's correct.

What were the weather conditions
at the time of the operation?

There was ground cover.

Would you describe the
topography as dangerous?

Mountainous.

General, isn't it possible

that if Commander Risnicki
had obeyed the given orders

and jumped into mountainous,
fog-covered terrain,

he could very well
have sacrificed himself,

his team, and the hostages?

Object.

Calls for speculation.

Sustained.

I'll answer that.

We'll never know, Major,
because the Commander chose

to ignore the target time.

The Commander
postponed the target time.

And three men are
dead as a result.

Is it not true, General,

that the NATO
command in Yugoslavia

had been criticized
for ineffectiveness,

and that the mission
was designed

to reverse that perception?

This mission was "designed"
to rescue the hostages.

I resent the implication
that it was political.

Your Honor, I'd like to
enter the following evidence

as defense exhibit alpha.

Excuse me, sir, one moment.

This is a copy of
a Vietnam op-rep

filed by a Marine officer
on December 8, 1967.

In it, he states:

"the Lieutenant ignored intel

"put his helos
down in the middle

"of an enemy-infested
area and was ambushed.

"Despite his success,
I strongly informed him

"that the 14 Americans
who died were not worth

another bar on his shoulder."

This report was filed by
a Captain John Crowther.

He's referring to a
Lieutenant under his command

by the name of Richard Plesac.

That village was a
significant target, Major.

Thank you, General.

Our orders were to take
it, and that's what we did!

No further questions.

SECNAV has scheduled a meeting
with me for tomorrow morning.

Apparently, he received a call

from one of his oldest
friends, a General Plesac.

You had no
intention of following

my advice. Why'd you ask for it?

I listened to you; we
decided to go another way.

Right up the General's six.

He put it out there.

Mac, mud wrestling with
two stars is not the way

to the JAG hall of fame.

That never stopped you.

This is exactly why
I'm telling you this.

Those kinds of stunts have
only ever hurt my career.

Sir, you're the acting JAG.

It's only because
the Admiral trusts me.

I'm told the SECNAV refers
to me as "Harmful" Rabb.

That's what this is about?

Your relationship
with the SECNAV?

Of course not.

I don't believe you.

Put you in a position of power

and you become just as
political as everyone else.

That is not true.
That is not true.

Good.

Then you won't mind
if we call the General

back to the stand.

He has a long history of
losing men under fire, sir.

The idea is to contrast

the General's apparent
disregard for the lives of his men

with Commander
Risnicki's concern

for the welfare of his team.

This is suicide.

Only if I do it alone.

Excuse me.

Where do you stand on this, Bud?

Next to my lead counsel, sir.

Sorry.

Understood, Lieutenant.

Sir, you told me I could come by

if I needed to talk.

I did?

Yes, sir, you did.

Do you need to talk?

I do, sir.

Okay.

I'm sorry to be
interrupting, Admiral,

but, uh, I thought you
wanted to be kept abreast.

Well...

a phone call would work

but since you drove
all the way out here,

let's have it.

Well, I mean, if
you're busy, sir...

No, it... it can wait.

But not for long.

Hi.

Admiral, I feel they could've
achieved the same results

without kicking
everything all to hell.

Well, you failed to convince
them of that, Commander.

Did you already
speak to the Secretary

or is he coming to see you?

He's my first meeting
in the morning, sir.

That's not good.

Excuse me, A.J... Did
you want a twist with that?

Uh, yes, please. Thank you.

Can I get you something?

No, thanks.

Rabb.

Oh, I'm sorry, sir.

I... there's a side of
you I'm unfamiliar with.

Let's keep it that way.

Yes, sir.

Admiral, I'm unsure
how to proceed.

I am the appointed authority

at JAG, and, uh, the
Major ignores my counsel.

I now have to answer to
the SECNAV for her actions.

Well, the Major's
been through a...

fair amount of trauma
in her life recently.

I'm no psychologist,
but I suspect

that she's a bit
embarrassed by it all.

This "take no
prisoners" approach

is probably her way
of proving her mettle.

You support her methods, sir?

I support my people.

The rest is up to them.

Admiral, you dispense
advice regularly, sir...

Yes, yes, I do.

And if my memory
serves me correctly,

I've argued against
traveling to Russia,

defending a paranoid
schizophrenic,

and an attempt to question

my authority.

Point taken, sir.

But in the end, it's the person

sitting in that leather chair

that's got to answer
for what's been done.

You got to decide
what's in the best

interests of the case:
defending your authority

or the choices of
those who defied it?

Of course, the irony is that,
uh, Commander Risnicki

is being court-martialed

because, in postponing
his SEAL team extraction,

he contradicted the orders

of his superior.

The irony.

Understood, sir.

Good!

Um...

anything else, sir?

Do you have a handkerchief?

No, sir.

Get one.

How dare she call

his integrity into question!

This is not some
wild-eyed jarhead.

Dick Plesac is one of the most
decorated Marines of all time!

Sir, I am aware of the
General's accomplishments.

Then where the hell were you

when Major MacKenzie was
crapping all over his record?!

I had been under the impression

she had abandoned
that tactic, sir.

Are you telling
me she lied to you?

No, sir. It was a
misunderstanding.

If she calls the General
to the stand again,

I will make you
personally responsible

for the fallout.

Yes, sir.

How the hell did I let
the Admiral talk me

into letting you take over?

Sir, I believe I
am totally capable

of handling this assignment.

Well, then, here's your
opportunity to prove it.

Let me see that.

Is that the General's
service record?

Yes, sir.

May I see it?

Thank you.

Ensign...

make a copy of this
and put it on my desk.

Return the original
to the Major.

I will highlight
what I think are

General Plesac's
vulnerabilities.

The... final choice

is up to you.

Thank you, sir.

How's young David doing?

Oh, not so good, sir.

Oh, no, the baby's fine.

It's just the name's
not going to work.

Apparently my mother had
dated some guy named David...

and my father's still a
little sensitive about it.

We're gonna have to give it up

for the sake of family unity.

But we still want to name
him after a naval hero, though.

What about "Harmon"?

What about you get to
work and clear this guy?

"Harmon."

He is getting taller.

Uh, sir, Major MacKenzie's

waiting for you in her office.

I was told I could get
a cup of coffee in here.

Uh, allow me.

I'll join you as soon
as I finish interviewing

Senior Chief Schilling.

You're wasting your
time, Lieutenant.

There's no worm under that rock.

Yes, sir.

Sir, I'd like to apologize for
the comments that I made

during our first session.

They were... pretty naive.

There's no way that
I or anybody else

could have been better prepared
to make the correct decision.

You did the best you could

with the information available.

Whatever.

Excuse me.

No milk.

Uh, sugar?

No. Nothing.

Sir, the more I
think about this case,

the more I respect the
decision that you made.

You made a calculated risk,

but one that was
designed to prevent

needlessly wasting
the lives of your men.

Thank you, Lieutenant.

What's your
experience, Lieutenant?

You mean as an attorney, sir?

Of course as an attorney.
What else would I mean?

I don't know, sir.

Well, how long since
you passed the bar?

I haven't.

What do you mean, you haven't?

I graduate law
school next month, sir.

Commander, Lieutenant Roberts

has been working
tirelessly on this case.

He's too inexperienced.

He's just nervous.

I don't want him
learning the ropes

while I'm hanging from them.

Let me talk to him...

Major, I've told
you where I stand.

I'm not sure you know
where you stand, sir.

What was that?

I think you feel
you may have made

a mistake on that mission.

And I suspect you're having
a hard time reconciling that

with your desire to
be spared punishment.

You're psychoanalyzing me?

You're in deep
conflict, Commander.

Really.

And that shows in your behavior.

You are on edge, and you're
uncomfortable in our presence.

I'm dissatisfied
with the strategy.

That, sir, you can
discuss with me.

But the Lieutenant
is tense around you

because he senses
that you don't trust him.

I don't trust him.

And that ends this part
of our conversation, Major.

He either removes
himself from the case

or I will have him
officially dismissed.

Hey, you wanna give me the keys?

I'll take care of it.

Cut!

Who in blazes is that?!

Admiral, over here.

I'm sorry, Alan.

Come on, guys,
let's re-set the rain.

It's pretty damn
confusing here, Fran.

You just walked
into a scene, Admiral.

Never enter a
set on a red light.

Sorry.

All right.

All right, magic.
Absolutely magic.

I love what you're doing.

So, what am I looking at here?

The weather deck of a carrier.

Well, it's too small.

It'll look fine on film.

Not if it's too small.

Admiral, I need
your support here.

I had a late night last night...

I am three days behind...

so a certain amount
of flexibility is needed.

There's no flexibility
in the real Navy, Fran.

Regs are regs.

Uh-huh.

Admiral...

My apologies. It
won't happen again.

Thank you very much.

Listen, I did want to talk...

Let's do it again,
ladies and gentlemen!

Quickly, please.

They put the chili out yet?

Lieutenant, can I talk
to you for a minute?

Sure, Major.

Excuse me, Senior Chief.

Sure.

Bud, I have no better
way of telling you this.

Um... Commander Risnicki
has threatened to dismiss you,

if you don't remove
yourself from the case.

I think you should do it.

Otherwise, it'll be
the very first thing

anyone sees on your record.

I'm sorry.

Did he say what the
problem was, Major?

The Commander's not
in a good frame of mind.

Don't blame yourself.

I'll take over with
the Senior Chief.

Just tell him I'll be
with him in half an hour.

Excuse me, Major.

I started this interview.

I'd like to finish it.

You're right.

Leave your report on my desk.

Yes, ma'am.

Okay, Senior Chief,
where were we?

Taking the bodies
from SEAL team eight.

Right. Tell me about that.

All three had rope
burns around the neck.

Had they been tortured?

Not that I could tell,

but it was hard to
check all the surfaces,

because of how stiff they were.

Uh, wait a minute...

The report says that you
received the corpses at... 2227?

That would be correct.

Huh.

Yes, Lieutenant?

Excuse me, Major.

Commander, I don't
mean to be impertinent,

but with all due respect,

you can't get rid
of me that easily.

Cut!

Alan...

Alan, how many more times

are we going to do this?

My fingers are
starting to cramp.

Sorry, Dan. This'll be it.

I promise.

Much better, Tina.

Much better, but I'd still
like to see more conviction

in the throw.

Can you be specific?

It's a question of
leverage, I think.

I don't understand.

Well, it seems to me,
from my point of view

that the stuntman is throwing
himself over the railing.

He is!

Right, right.

I'd just rather we
didn't see that.

May I?

Put one hand on his collar

and the other hand
on the back of his belt.

That's what I'm doing.

Apparently not.

Thank you, Admiral.

I suggest...

I think we can proceed apace.

Let's do it again, shall we?

Take eight... mark! MAN: Marker!

And... action!

Ow...!

Cut! Cut. Are you all right?

I broke a nail. It...

I'm just trying too hard.

You know, it's not so simple.

There's no room up here.

See?

Um, let me show you.

Sir, why don't
you, uh, run at me?

Admiral... No, no, no!

Watch, this'll work.

Sir, run at me.

Sorry. You all right?

See? He charges, she moves.

She uses his momentum
to take him over the railing.

I can do this.

I just... I need some time.

You need four weeks in the
Naval Special Warfare Center.

That's going to teach me what?

Well, how to cut your
nails, for one thing.

Go to hell.

Tina...

I'll be in my trailer.

You know where you can find me.

Admiral, what are you doing?

I'm advising.

You know, what I suggest...

And we're moving on.

Scene 12, everyone.

God, I wish I still smoked.

You know, you turn your
back on me one more time,

I'm going to introduce
you to the toe of my boot.

Fran?

Admiral, we need to talk.

Talk.

Privately.

Yeah? Where would that be?

Fine. You're fired.

This just isn't working out.

You know what? You're
right. This isn't working out.

This is not a movie
about the Navy.

It's about...

what the hell is it about?

It's about putting
asses in seats.

Now, would you please
remove yours from my set?

Lieutenant Commander Rabb.

Have a seat, sir.

The Major talk to
you, Commander?

Yes, she did. She told
me that Lieutenant Roberts

has presented a new defense
strategy which you've rejected.

Actually, I prefer his approach

over attacking
General Plesac's record.

The idea of
comparing body counts

seems beside the point.

What I've rejected

is the Lieutenant's
desire to argue it himself.

He lacks seasoning,
which is why I asked

that he be removed from
the case to begin with.

Well, Commander, the Major
and I both strongly believe

in Lieutenant
Roberts' abilities.

Commander... Sir...

if I may be direct...
Lieutenant Roberts has taken

his fair share of
abuse from you, sir,

and yet, his first
thought, upon being let go,

was in your best interest.

I don't question his
enthusiasm, Commander.

That's good, sir, because
he doesn't question

your innocence.

Now, I can ask Major MacKenzie

to present the
argument, if you'd like,

but in my opinion,

your best shot is with
your strongest ally.

An autopsy of the three
observers was ordered

but NATO command had no
forensic medical personnel in Kosovo

and Wiesbaden was
snowed in at the time.

And what did you do?

To prevent further
decomposition,

the mortuary affairs
division at NTC Great Lakes

directed us to embalm the bodies

before sending them back
to their respective countries.

Did you comply?

Yes, we did.

Senior Chief Schilling,

as head of the recovery unit,

could you please describe to us

the conditions of the bodies
when you received them?

They were cold, stiff.

This was how long after
they were discovered

by SEAL team eight?

43 minutes.

Thank you, Senior Chief.

No more questions.

Sir, do you swear
to tell the truth

the whole truth, and
nothing but the truth? I do.

You may take a seat, sir.

Captain Millstein, you
are the Chief Pathologist

at Bethesda Naval Hospital?

Yes.

Have you had a chance
to review the reports

detailing the condition
of the three corpses?

I have. Could you give us

your professional estimation
on their time of death?

Object. It has already been
established, Your Honor,

that an autopsy was not
performed on the bodies,

therefore a time of death
cannot be determined.

Your Honor, if you'll allow me,

I believe that a
logical time frame

can be established
through other means.

Don't disappoint me, Lieutenant.

Understood, sir.

Mm-hmm.

Doctor, allow me to recap.

The government's assumption

is that the executions
took place on the deadline.

SEAL team eight reports

finding the three bodies
of the NATO observers

37 minutes after the deadline.

Senior Chief Schilling
claims that the bodies

were cold and stiff

43 minutes later.

That's a total of one
hour and 20 minutes.

Given what I've just told you,

what conclusions can you draw?

I believe the executions
occurred earlier.

Perhaps as much
as 24 hours earlier.

Could you explain, please, sir?

First of all, it's a
relative certainty

given the
near-freezing conditions

that rigor would not have set
in in under an hour-and-a-half.

Secondly, a cold and stiff
body generally indicates

a time of death being
from eight to 36 hours prior.

Object.

These are assumptions,
Your Honor.

Actually, sir,
they're estimations...

Rules of thumb...
They're not 100% accurate

but suitable, I
think, for this thesis.

I'll accept it.

The time of death is
ultimately not important here,

because neither General
Plesac nor Commander Risnicki

had any knowledge of anything

other than what was
written in that communique.

The issue before
you, therefore, is

all things being equal,

who determines how an
operation will be conducted?

Without command decision,
there can be no considered plan,

no policy, no
clear-cut objective.

It's all impulse and
instinct and improvisation.

That is why the military
chain-of-command exists,

and that is why it
must be respected,

regardless of the circumstances.

The Commander
disobeyed his orders. Period.

For the sake of future
generations of fighting men,

I ask you to find him
guilty on both charges.

The case against
Commander Risnicki

is that his decision to
postpone the mission

cost the three NATO
observers their lives.

But an execution carried
out 24 hours earlier

indicates otherwise.

It suggests the communiqué
was not designed

to trade hostages for policy

but rather to punish NATO
for their military presence.

We believe the terrorists,

who were well-known
for their hostility,

murdered the
hostages upon capture

and sent the communiqué

in an effort to attract
more NATO personnel.

In other words, it was a trap,

and had SEAL team eight
arrived prior to the deadline,

they would have
walked right into it.

Instead, however,
the deadline passed

and the terrorists
abandoned camp.

Call it a fortuitous decision,

but Commander Risnicki,
faced with two difficult choices,

trusted his instincts
over his orders,

and in doing so,
saved his SEAL team

from certain annihilation.

A team, I might add,
that lives to fight again.

Have the members
reached a verdict?

We have, Your Honor.

Defense, rise.

On the charge of
involuntary manslaughter,

the members find the defendant,
Commander Thomas Risnicki,

not guilty.

On the charge of
disobeying a lawful order,

we find the defendant... guilty.

We'll meet for sentencing

tomorrow at 1400.

This court's adjourned.

Sorry, sir.

Lieutenant Roberts,

my instincts may have
been right over Suva Reka,

but they were dead
wrong when it came to you.

Sir, we lost on
the second count.

The point is, Lieutenant,

the second charge is
the lesser of the two,

and I'd be a fool not
to use your approach

when we take it up for appeal.

I owe you the apology for
doubting your competence.

That's not necessary, sir.

Let me tell you
what I've learned

in 16 years of military service:
accept any and all contrition.

It's not often you'll
get to experience it.

Apology accepted, sir.

Did you enjoy
your time off, sir?

Uh, no, Major...

I, uh...

I am a... failure at liberty.

Missed the hell
out of this place.

The smell of the copier, the
sounds of the pages turning,

phone ringing...

Well, sir,

you might not think so,

after you see the phone log.

Anyone riled up?

Many.

Well, I say that's fine.

You know why?

I... wish I did, sir.

Because not everything
can be resolved.

You just can't, uh... do it over

if it doesn't work.

No recasting
people you don't like.

Life is not some damn movie.

Indeed, sir.

Are there no candy bars in here?

No, sir.

No chili, no... brownies?

Never, sir.

Let's do something about that.

Chili and brownies?

Yes, sir.

Sir, Ensign Sims and I

would, uh, like to share
some important news.

What is it?

Um...

uh...

we're going to have a son, sir.

Well, that's wonderful.

My congratulations.

Thank you, sir.

We were trying to decide

what to name him, and
last night we decided

that we should name him

after someone who has most
strongly affected our lives.

We're going to
call him A.J., sir.

Really.

Yes, sir.

I don't know what to say. Uh...

Is that all right, sir?

Of course it's okay, Ensign.

I... I'm honored. Uh...

Albert Jethro Roberts.

I like the sound of that.