JAG (1995–2005): Season 5, Episode 10 - Mishap - full transcript

AIR BOSS: On the flight
deck... emergency pull forward.

Prepare a ready deck
for emergency recovery.

( over P.A.): Prepare a
deck for emergency landing.

Prepare deck for emergency
landing. We've got... inbound.

Tower, paddles!
I'm up and ready!

What's your situation?

It's Boomer.

His radio's intermittent,

his hydraulics are fluctuating.

Anyone up there
with you, Skates?

Negative, sir. The other LSOs



went back to their ready rooms.

Boomer's on final.

Can you take him?

Yes, sir!

Good.

I'll let you know
when the deck's ready.

Roger that!

BATES: LSO, come in.

Lieutenant Hawkes.

Skates, don't take
anybody! Send him around!

Sir, I'd like to bring him in!

No, no, no. Wait
for me. I'll be there

by the time the deck's clear.

AIR BOSS: Damage control team,



stand by on approach...

Shooter one-zero-two,
this is Paddles.

Do you copy?

PILOT: This is
Shooter one-zero-two.

Paddles, you're breaking up.

I'm having a little
problem here, Paddles.

We may have to ditch.

Take it easy.

Just fly a straight,
normal approach.

We'll bring you in.

Do you copy?

( distorted): Do you
read me, Paddles?

Boomer...

do you copy?

You're breaking up, Paddles.

Paddles, he's in
the groove, and we

have a clear deck.
Are you ready?

Yes, sir.

We're manned and ready.

Boomer?

Boomer, I got you.

Watch the ball.

You're a little low.

A little altitude.

Come on, Boomer.

Power.

Power.

Power! Wave-off!

Wave-off!

Eject!

Eject!

Eject!

CHEGWIDDEN: Last
night, there was a mishap

aboard the Patrick Henry.

Air wing was conducting
a training exercise

when an aircraft lost
its hydraulics and radio

and attempted an
emergency landing.

This is what happened.

Aircraft came in low,

hit the ramp.

Pilot and RIO ejected.

Pilot ended up
on the flight deck

with a busted knee.

RIO ended up in the water,

and was recovered
with minor injures.

Do you know their names, sir?

Uh... pilot was
Lieutenant Dalton Jonas

and his RIO was
Lieutenant Frank Grady.

You know them?

Yeah, we served in
the same squadron.

Good men.

Lucky men.

Unfortunately, one of
the flight deck crewmen

wasn't as lucky.

Piece of flying
debris severed his leg.

Colonel, you and
Commander Brumby

will go to the Patrick
Henry and conduct

the JAGman investigation.

Aye, sir. Yes, sir.

Ship's commanding officer
is Captain Tobias Ingles.

I expect you know
him, Commander?

We have a nodding
acquaintance, sir.

Don't expect a red carpet.

Make your investigation
thorough, but make it quick.

BOTH: Aye, sir. That'll be all.

( door closes)

All right, let's hear it.

Sir, I served aboard
the Patrick Henry.

I understand flight ops,
I know people on board.

That's exactly why
you shouldn't go.

You don't feel I can
be objective, sir?

Well put, Commander.

No, I don't.

Sir...

The landing signal officer

on duty during the mishap
was your former RIO,

Lieutenant Elizabeth Hawkes.

MacKENZIE: Commander
Stone, as the air boss

you supervise all
shipboard air operations.

Correct?

Yes, including plane handling

and fueling on deck.

Can you tell us what occurred

the night of the mishap?

We had just
recovered 18 aircraft.

It was a high-tempo operation.

Everyone was pretty beat.

I had just set the
deck red condition...

Excuse me, sir. Deck red?

STONE: Turned off
the optical landing

system, indicating
a fouled deck.

That way, no planes could land.

The crewmen could
cross the flight deck safely.

I understand. Please continue.

Six Tomcats were still up there.

They weren't due
back for 45 minutes.

Which should have
given you enough time

to clear the deck.
Correct? Plenty.

Then CATCC notified me

they had an aircraft
approaching on their radar.

It was Boomer.

Lieutenant Jonas.

His hydraulic pump was failing.

His radio transmissions
were garbled.

Sounds serious enough.

Critical.

With fluctuating hydraulics

that aircraft takes on
a definite life of its own.

I asked Lieutenant
Hawkes to bring it in.

Were you aware the supervising
LSO told Lieutenant Hawkes

to send the aircraft around?

I was not.

Lieutenant Hawkes
is a qualified LSO

She said she was ready.

I believed her.

JONAS: I did my
best to bring her down.

It was a pitch-black night.

Radio was coming in and out.

I didn't know if any
other systems would fail.

So what happened
during the approach?

I was a little low,
and I tried to correct.

And that's when Lieutenant
Hawkes waved you off?

Yes, ma'am, but it was too late.

Are you saying the
accident was her fault?

No. No, sir.

No.

I mean, sure, maybe another
LSO could have brought me in,

but Skates did
the best she could.

You ever landed an emergency
aircraft before, Lieutenant?

Yes, ma'am, in a simulator.

I've also landed no
radio in training, of course.

And you assumed
you could do it again?

Yes, sir.

Also, last thing I
heard Skates say

was, "Boomer, take it
easy. We'll bring you in."

I believed her.

RABB: She was right not
to send him around again.

He might have had
to ditch the aircraft.

MacKENZIE: Well, the pilot thinks
she should have waved him off sooner

when he came in low.

That's a judgment call, Mac.

Have you spoken to Skates yet?

No. We'll see her
later this afternoon.

How's it look?

It's still wide open.

Look...

keep me informed, will you?

Will do.

( sighs)

MacKENZIE: Tell us what
happened, Lieutenant?

SKATES: I guess
I blew it, ma'am.

Lieutenant, let me caution you

this is a JAG investigation.

Anything you say can be used

against you in a court-martial.

Only if we suspect you
committed an offense.

Right now, we're just trying
to find out what happened.

So start with what you did

when you saw the
Tomcat approach.

I did what I was trained to do.

I tried to bring him in.

Commander Bates,
the supervising LSO,

told you to wave
the aircraft off.

Why didn't you?

When he gave that
order, the deck was fouled.

Once the deck was cleared

it was a different
situation, sir.

Commander Bates was in
transit. I had to make a decision.

So why decide as you did?

Were you concerned
for the safety

of the pilot and the
radar intercept officer?

SKATES: Of course I
was, among other things.

I-I don't know for sure.

It was a split-second decision.

And if you had to do it over?

Hindsight's a wonderful
luxury, Colonel.

I regret the outcome,

but I stand by my
decision, ma'am.

BRUMBY: Mac, she wasn't sure
the plane could handle a go-around.

Yeah, but better the uncertainty

of a go-around
than a ramp strike.

Her job was to
bring the plane in.

Safely.

She second-guessed
her supervising LSO.

Why are you defending her?

The air boss told
her to bring them in.

Why are you prosecuting her?

No, I'm just trying
to get a handle

on what happened.

Let's continue this
tomorrow, okay?

I want to get a run around
the deck before night ops start.

Enjoy your run.

Mac?

I don't think
Skates is culpable.

I know you don't, Mic,

but she said it
herself... She blew it.

CHEGWIDDEN: I read your report.

My compliments

on a damn fine job.

Thank you, sir.

Your conclusion, "poor judgment

"and misplaced
priorities on the part

"of the landing signal officer

substantially contributed
to the mishap."

Yes, sir, I believe

Lieutenant Hawkes
placed the welfare

of the flight crew
above that of the ship.

You agree, Commander?

No, sir, I do not agree.

I see it as a
combination of pilot error

and LSO misreckoning.

I also believe all parties
performed their duties

as well as they could
under the circumstances

and there is no culpability.

( intercom buzzes)

TINER: Excuse me, sir.

Commander Rabb is here.

Send him in.

Sir?

Commander, have you
read the colonel's report

on the Patrick Henry mishap?

Yes, sir, I did,

and I must say I am
surprised by her conclusions.

CHEGWIDDEN: Well, be that
as it may, Captain Ingles agrees.

He's convening a court-martial

to try Lieutenant Hawkes.

Colonel, you'll prosecute.

Commander Brumby, second chair.

You'll defend,
Commander. Article 92, sir?

Dereliction of duty due
to culpable inefficiency.

SKATES: He's
right. I was derelict.

RABB: I don't want to hear
you say that ever again.

It was my job to get that
Tomcat down. I failed.

Well, that's very noble

but don't fall on
your sword just yet.

What was your primary focus

when you saw the
aircraft approaching?

Getting it down in one piece.

Not the safety of the ship?

That was in the back of
my mind, sir, of course.

Well, that is something
the prosecutor

will tell you should have been
foremost in your mind, Skates.

Right, sir.

Something you want to tell me?

This is between us, right?

Lawyer-client privilege.

You flew with Boomer.

You know what he's like.

Why don't you remind me?

He's a deck-spotter.

He doesn't fly the ball.

Go on.

I didn't want to send
him around again

'cause I didn't think
he'd keep it together.

Then, on final approach

he eased gun and
made a play for the deck.

You don't see it
on the plat tape.

You wouldn't,

but I heard his engines unwind.

Look, I can't prove
it even if I wanted to,

which I don't...

but he panicked, Harm.

MacKENZIE: Please state
your name and duty station.

Lieutenant Dalton Jonas,
attached to fighter squadron 218

embarked on the
USS Patrick Henry.

Lieutenant Jonas,
please tell the court

what happened the
night of the mishap.

We were on an exercise
roughly 50 miles from the ship.

I was vectoring with a tanker

for refueling when I got
hydraulic warning lights.

Did you experience any
other equipment failure?

Yes, ma'am, the
radio started acting up,

so we headed back to the ship.

What happened
during your approach?

I was too low.

I saw the green light blink.

I gave it some power.

At that point, I
still didn't think

there was that much trouble.

Then the ball turned red,

I saw the wave-off signal,
but by then it was too late.

And you struck the ramp.

Yes, ma'am.

If you had gotten the wave-off
a second or two sooner,

could you have
avoided that ramp strike?

Objection. Speculation.

Overruled.

Yes, ma'am, I
think I could have.

Thank you.

Your witness.

Lieutenant, in your
statement to the flight surgeon

you said you experienced
vertigo during your approach.

Yes, sir.

It's not that rare

for pilots to experience
disorientation or dizziness

especially in the pitch-dark

as I'm sure the commander

is well aware.

I've had it a few times.

It's a frightening experience.

Were you frightened, Lieutenant?

A little.

Panicked?

No, sir.

Did you keep your eye
on the ball, Lieutenant?

Yes, sir, at all times.

Maybe the vertigo caused
you to misjudge your approach.

If you had to go around again

in the dark with vertigo,

you think you'd have made it?

I don't know, sir.

I wouldn't have wanted to try.

That's a fair answer, Boomer.

Lieutenant Hawkes
is also an aviator.

Is it possible

she wasn't sure if
you could have made it

and she didn't want you to try?

Objection. That's two questions

both calling for speculation.

If Lieutenant Hawkes'
thoughts are important

let her take the stand

and tell us
firsthand. Sustained.

No further questions.

I reserve the right to recall
this witness, Your Honor.

Lieutenant, you
stated that vertigo

may have caused you to
misjudge your approach.

Yes, sir. Correct?

But isn't that why you have

landing signal officers?

To help guide you in
when you do misjudge?

Yes, sir, it is.

Lieutenant Hawkes
did a fairly poor job

of guiding you in
then, didn't she?

Objection. Calls for an opinion.

I'd like to hear his opinion.

Overruled.

Lieutenant?

She did the best she could.

Undoubtedly.

But the fact remains,

under her guidance,

you crashed, didn't you?

Yes, sir, we crashed.

RABB: These are just
the opening rounds.

They're hitting their
target pretty well, sir.

We'll get our shot.

( sighs)

You okay?

I visited Seaman O'Brien
last night at Bethesda.

He doesn't blame
me for losing his leg.

He said we were
both doing our duty.

He's right.

Will the members
see it that way?

( sighs)

That time on the Seahawk

when I grabbed your parachute...

If it wasn't for you, I'd have
gone through the screws.

Wouldn't have been
enough left for the sharks.

I didn't drop you then

and I am not going
to drop you now.

MacKENZIE: Commander
Bates, you are the supervising

landing signal officer

aboard the Patrick
Henry, correct?

That is correct, ma'am.

Did you communicate
with Lieutenant Hawkes

during the mishap
incident? I did.

I told her to send the aircraft
around; that I was on my way up.

When you reached the LSO
platform, what did you find?

I never reached the
LSO platform, ma'am.

When I came
onto the flight deck,

the plane had already crashed.

In your opinion,
Commander Bates,

did Lieutenant Hawkes
perform her duties that night?

In my opinion, by
ignoring my order,

Lieutenant Hawkes was
derelict in her duties, Colonel.

Thank you, Commander.

Commander, isn't it possible

Lieutenant Hawkes
thought you issued the order

because the deck was fouled,

and once it had cleared,
the order no longer pertained?

Objection. It's irrelevant
why Commander Bates

issued the order. It goes
to intent, Your Honor.

If she thought the
order was issued

because the deck was fouled,

then she exercised
assertive initiative

once it had cleared,
and this entire case is

based on miscommunication.

There was no miscommunication.

Why did you order
Lieutenant Hawkes

to send the aircraft
around, Commander?

She had never handled

an emergency
like this before, sir.

Also, I knew she was exhausted.

Thank you.

Continue, Commander.

Thank you, sir.

Well, let's talk about
exhaustion, Commander.

Lieutenant Hawkes,
prior to the mishap had

had five hours sleep

in the past 48 hours.

Is that not a violation
of OPNAV instructions?

Her replacement had

appendicitis. We were
in battle flex deck ops.

We were all overextended

and we were shorthanded.

So there were many

contributing factors
to the mishap:

Faulty radio, vertigo,
exhaustion, appendicitis,

lack of supervision.

I was on my way to the deck.

Yeah, but you weren't
there, Commander, were you?

Look, a landing signal
officer's primary obligation

is to the safety of
the ship and crew.

Lieutenant Hawkes ignored
my order and failed to wave-off.

She was derelict.

Non-judicial punishment,
letter of admonition.

I'd advise against
a plea bargain

at this time, Colonel.

Who do I talk to here?

You talk to me.

I'll propose it to
Captain Ingles.

That's the most
I'm willing to do.

Mac, we're winning.

Why give up anything?

You seem to have trouble

accepting my
decisions, Commander.

Not at all. I'm just
a little confused.

You're the one that wanted

to go after Lieutenant
Hawkes in the first place.

You're the one that thought
she was not culpable.

And we're in trial now.

I never let my personal feelings

come in the way of winning.

It's not our job to
decide punishment, Mic.

I'll present Harm's
proposal to Captain Ingles...

Present...

not endorse.

As you wish, Colonel.

I broke Harm of the notion
that, because I'm a woman,

I'm driven by my feelings.

I'll break you of it,
too, before I'm done.

Sure, you will.

I'd be glad to show
you there, sometime.

Tuna.

Pappy!

Or should I say Hammer?

Congratulations
on your promotion.

You, too... I understand
you made squadron XO.

So how are they?

You know, bunch of
loudmouth fighter jocks

trying to be the
best and bravest.

You miss us?

You know I do.

So what brings you here?

Patrick Henry's
on post-deployment

stand-down at Norfolk.

I decided I'd pay my
old roommate a visit.

( chuckles)

Really?

It's about Skates.

Let's go into my office.

So, what about Skates?

She's getting shafted, Harm.

Shafted how?

The mishap wasn't her fault.

It was her watch, yes,
but it wasn't her fault.

Whose fault was it?

Before I answer that, I
have to know something.

I'm willing to lay my career
on the line to help Skates.

Are you willing to do the same?

RABB: I never let fear for
career influence my actions.

If you know something that
can help Skates, let's hear it.

I don't need to tell you

what an outstanding
RIO Skates is.

No, you don't.

Have a seat.

Well, she's a good LSO, too.

She might have made a bad call.

Who hasn't at one
time or another?

But dereliction of duty?

No way.

What does Captain Pike
have to say about this?

The CAG was on emergency
leave when the mishap took place.

He talked to the
skipper by phone,

but the skipper won't budge.

He's wrong to blame Skates.

Who should he blame?

Remember the pod that
fell off Buxton's aircraft?

Yeah.

That was not

an isolated incident.

When you go out to
sea without a full crew

and there's no time
for emergency training

and people are
overworked and exhausted,

mistakes are made.

You telling me the ship
wasn't ready to go to sea?

When you were on board,

you were busy with
all that legal stuff,

so you weren't aware,
but I was the squadron

maintenance officer.

Aware of what? I knew
there were shortages.

Systems malfunctioning,
insufficient spare parts,

gun deck maintenance reports...

You have documents
to back all this up?

All the evidence you
want is aboard ship.

I can tell you what to look for

but you'll have
to find it yourself.

All right.

Gunny...

Yes, sir.

I'm looking for somebody

to assist me in the
Hawkes court-martial...

Someone who's worked
on a carrier and knows

their way around ship's records;
who's good with a computer,

who's diligent...

Detail-oriented?

Gets along with
others, Commander?

Exactly. Uh, Commander...

Bud, hey, how's your caseload?

Ample, sir.

You can refuse, but I would
really appreciate your help.

He said I could refuse.

Yes, sir.

He surely did.

Excuse me, Commander.

Got a second?

What can I do for
you, Lieutenant?

I couldn't help
overhearing you're looking

for someone to assist
you in the Hawkes case?

Boring paperwork on a carrier.

I'm no stranger
to carriers, sir,

or boring paperwork.

What is it that interests you

about this detail, Lieutenant?

When I came to JAG,

all people talked about was
the legendary Harmon Rabb.

Now you're back, I'd
like to work with you.

Actually, I'd like the
chance to impress you, sir.

Well, you're very
straightforward,

aren't you, Lieutenant?

You find that
disconcerting, Commander?

No, I find it refreshing.

Then you'll let me assist you.

I've offered the detail
to Lieutenant Roberts.

We'll see how it plays out.

Well, if not this time,
sir, maybe another.

Next time...

leave the door open, Lieutenant.

Yes, sir.

You smoke, Commander?

No, sir, I gave it up.

What for, a woman?

I didn't like being
addicted, Captain.

Hmm.

Well, it's too bad we
never had a chance

to get better acquainted while
you were on board, Commander.

Captain Pike speaks
very highly of you.

Well, I have the utmost
respect for Captain Pike, sir.

Why?

Sir?

Why do you respect the CAG?

The CAG is an
excellent leader, sir.

He's fair, he's courageous...

One of the best fighter
pilots I've ever met, Captain.

Why do you ask?

Well, I just want to know
what a commanding officer

must do to earn your
respect, Mr. Rabb.

'Cause, obviously, I haven't.

Well, that is not true, sir.

You come aboard my ship,

demand to examine my records?

I'd say that's disrespect.

Wouldn't you, XO?

It certainly smacks
of it, skipper.

It was a request, Captain.

It's not a demand yet.

( raspy laugh)

You got sand, Commander.

I'll give you that.

What I won't give you
is access to my files.

Dismissed.

Captain Ingles, each party
to a court-martial is entitled

to the production of evidence

relevant to that
court-martial, sir.

You are aware that I am
the convening authority

for said court-martial.

Yes, sir.

You are also the
custodian of the evidence.

Now, I've prepared a list

of the items we'll require, sir.

Have you?

Sir, if you refuse access

to this evidence, I
will get a court order.

You're threatening
me with a court order

aboard my own ship for a
court-martial I convened?

Well, sir, as
convening authority,

you have the right
to drop all charges,

in which case, no
further investigation

would be warranted.

Is he blackmailing me?

Would seem so, skipper.

I am simply stating
alternatives, sir.

Captain Cameron.

Sir?

Please alert the master at arms

to have these two gentlemen

escorted off my ship.

Aye, aye, sir.

You may have won a few
courtroom skirmishes, Commander,

but tangle with me

and I'll hand you
your gonads in a jar.

Now get the hell off my boat.

Aye, aye, sir.

CHEGWIDDEN: You
threatened Captain Ingles?

I feel it was the
other way around, sir.

"Drop the charges or
I'll get a court order."

Well, sir, that wasn't
exactly the tone

but, uh, that's
basically correct.

Well, he's filed a
complaint, Commander,

accusing you of insolence

and disdain for authority.

Sir, you and I both know I
am completely within my rights

securing evidence in the
government's possession

that I feel will aid in
my client's defense.

Won't be long, Commander,

before Captain
Ingles gets his star.

He's destined for the Pentagon.

CNO is not out of
the question someday.

You better start
thinking about the future.

Right now, sir, I'm thinking
about Lieutenant Hawkes' future.

Do I have your permission, sir,

to secure a court order?

You don't need my permission.

Go ask the judge.

Thank you, sir. Admiral,
about the complaint...

I'll just file it here
with all the others.

Dismissed.

Aye, aye, sir.

SEBRING: Operational
readiness evaluations,

personnel
qualifications standards

casualty reports,

maintenance and material
management reports.

Commander...

what does all this have to do

with an aircraft
striking a ramp?

Sir, these documents
comprise evidence

that go to ship
and crew readiness.

Sir, this is a smoke screen

plain and simple.

Your Honor, he's on
a fishing expedition.

One at a time, please.
BRUMBY: Sorry, sir.

Colonel... Your
Honor, I fail to see

how the qualification standards

of a machinist's
mate in engineering

has a bearing on this case.

Sir, I intend to show there was

widespread
operational vulnerability

aboard the Patrick Henry

at the time of the mishap.

Wait a minute. You're
saying that the carrier

was in poor readiness

and that's why the
aircraft crashed?

Is that your defense?

Yes, sir.

You can't be serious.

My thoughts exactly.

Sir, this defense
is legally cognizable

and I need these documents, sir,

to support it.

I respectfully urge you
to approve the request.

Some of this stuff is
classified, you know.

Well, sir, per military rules

of evidence 505, should
it become necessary

to introduce classified
information as evidence,

Your Honor may conduct
the proceedings in camera.

Thank you, Lieutenant.

I read the manual
for courts-martial.

Yes, Your Honor, of course.

In the interests of justice,
I am going to approve this.

Sir...

But if you are

on a fishing
expedition, Commander,

be damned careful you
don't hook one so big

it pulls you under.

Yes, sir.

Thank you, sir.

Sir, the defense

requests a continuance

in order to afford time
to gather the evidence.

MAN (over P.A.):
Liberty call, liberty call

for duty sections two and six.

Liberty call for
sections two and six.

Sir.

Sir.

I think I found
something interesting.

According to the
operational readiness eval,

the ship was in a
complete ready state

when she deployed.

But it says here
that the O2 plant

and the inertial navigation
systems were both down.

Did they repair them at sea?

Affirmative, sir.

Navigation system was
repaired two days out.

The oxygen plant was
back on-line within a week.

Hell of a job for
an ex-fighter pilot.

Going through other
people's dirty laundry.

Yes, sir.

Captain Ingles
is the finest officer

I've ever had the
privilege of serving under.

If you think we'll let
you hurt his reputation

with some courtroom flimflam

you have badly misjudged

the caliber of officers
aboard this ship.

And if you think that you
can intimidate me, Captain,

then you have badly
misjudged, period.

Sir.

He was way out of line, sir.

There's nothing out of line

about being loyal to
your CO, Lieutenant.

MacKENZIE: I talked to Captain
Ingles about your plea offer.

He turned it down.

However, he will consider

dereliction of duty
through negligence,

forfeiture of half
pay for one month,

15 days confinement.

Any chance you have

for a career in civilian
aviation will be shot.

I recommend declining the offer.

What are the odds
of an acquittal?

70-30 in our favor.

70-30 against.

I'll go along with whatever
you recommend, sir.

Lieutenant, I don't
have to tell you,

Captain Ingles is not a man

to back away from a fight.

I'd consider his
offer carefully.

We have, Colonel,

and we decline. Thank you.

Can I talk to you
outside, please?

Just a second.

You're turning this case
into a personal battle

between you and Captain Ingles.

Not true.

Harm, this is me
you're talking to here.

He threw you off his ship.

You have no personal grudge?

None that affects my
judgment as defense counsel.

You saw the members' faces.

They'll hold Skates accountable.

Not if I can show them somebody
more accountable, Colonel.

RABB: The defense calls
Aviation Electronics Technician

Harry Watkins to the stand.

Petty Officer Watkins,
you repaired the radio

aboard the mishap aircraft
before its flight, correct?

That is correct, sir.

Defense exhibit "C," Your Honor.

The maintenance action report

for the radio repair.

Did you follow proper procedure

in repairing this
radio, Petty Officer?

Not exactly, sir.

I had to cannibalize
parts from another radio,

but the whole unit should
have been replaced.

This was the third
time that it went down.

So why not replace
the entire unit?

Because there were no
spare radios available, sir.

RABB: Chief Cansino,
you nearly lost an aircraft

during flight operations

in your first week
of deployment,

isn't that correct?

Well, there was a pressure drop

in the catapult
steam system, sir.

Luckily the aircraft
had enough power

to get airborne.

What caused the pressure drop?

It turned out to be
a faulty valve, sir.

Well, this preventative
maintenance report

states that all the valves in
the high pressure steam line

were checked before
the ship embarked.

You signed off on it yourself.

Yes, sir, that's
what the report says.

Defense exhibit "E," Your Honor.

Did your crew
gun-deck this report?

No, sir, the guys probably
checked all the old valves

and assumed the new
ones were working.

Why? Are your
people lazy, Chief?

Absolutely not, sir,

but there's no way
we can accomplish

all the maintenance steps,

shorthanded as we are,

and still be ready
to deploy on time.

Why not take an extra
day, do the job thoroughly?

There was no extra day, sir.

Thank you, Chief.

Your witness.

Your Honor, counsel
is attempting to cloud

the issue with a myriad
of minor problems

present aboard any naval vessel.

Step up.

Your Honor, these
minor problems comprise

a major systemic problem.

He's blaming everyone else

for his client's
wrongful action.

I've got this.

The charge is
dereliction of duty

with regard to the
landing mishap.

Can you stick to
that, Commander?

Your Honor, the
evidence I'm presenting

goes to operation vulnerability.

Operation vulnerability. I know.

Sir, he's already blamed
the supervising LSO,

crew, division
heads and air boss.

Who's he going after next?

Bobbi Latham, congresswoman
from the state of Michigan.

RABB: Congresswoman
Latham, you are the chairperson

for the House National
Security Subcommittee,

isn't that correct?

That's correct.

Were you surprised by the mishap
aboard the Patrick Henry, ma'am?

Well, given the unprecedented
operations tempo

and short-time turnarounds
and stretched resources

no, I wasn't surprised,
unfortunately.

Why are we so stretched?

LATHAM: After the Cold War
ended, we downsized the military

but there have been
unanticipated operations...

The Gulf War and Kosovo...

Which left little money
for modernization.

Ma'am, didn't
Congress just approve

a large budget
increase for the military?

It's not the amount, it's
where the money goes.

Congress insists on
buying unneeded weapons

and spending billions
keeping bases open

because they provide
jobs for the constituents.

Now, this reduces
the funds available

for training, maintenance
and recruitment.

Thank you, Congresswoman Latham,

for putting this in perspective.

Your witness.

Congresswoman, were
you on the flight deck

of the USS Patrick Henry
when the mishap occurred?

No, I was not.

So, you did not observe
the defendant's actions

during the incident in question.

No.

Well, then, your testimony

might make an interesting
segment on 60 Minutes,

but it has little
relevance here.

I have no questions
for this witness.

Thank you, Ms. Latham.

You may step down.

Planning to indict the
entire U.S. Navy, Harm?

If necessary.

Well, your steamroller

tactics aren't working, mate.

I'd rethink my
strategy, if I were you.

I remember a certain
Lieutenant Commander,

acting JAG, who once told
me: "Present the evidence.

"Don't make it look

"like you're trying
to shift the blame

and don't mud
wrestle with two stars."

And as I recall, Colonel,
you ignored my advice.

And I lost the case.

See you after lunch.

Does defense have
any more witnesses?

Yes, sir. The defense
calls Captain Tobias Ingles,

commanding officer of
the USS Patrick Henry.

BAILIFF: Captain Ingles.

Raise your right hand, please.

Do you swear the
evidence you give

shall be the truth,
the whole truth

and nothing but the
truth, so help you God?

I do.

Captain Ingles, were you
aware of the gun-decking

occurring aboard
the Patrick Henry?

Not specifically.

However, I've never
been aboard a ship

where some form of
expediting didn't occur.

We stretch limits all
the time, Commander.

As an aviator, you
should know that...

but never to the point of
putting my crew in danger.

Sir, your crew was 12
percent undermanned.

This must have placed a
burden on everyone aboard.

Yes, and we
accepted that burden.

You didn't have time to practice

emergency
training, did you, sir?

We trained when we could.

You were often without spare
parts when you needed them.

Isn't that correct, Captain?

We made do with what we had.

Sir, time at sea is
important for a captain,

if he's to receive his
admiral's star, isn't it?

MACKENZIE: Objection.

Completely
irrelevant, Your Honor.

Stop it.

Move on.

Yes, sir.

Captain Ingles, do you believe
that a commanding officer

is responsible for the failures
as well the successes of...

officers under his command?

I'm accountable for everything
that goes on aboard my ship

at all times.

If our readiness drops
below acceptable limits,

I'm accountable.

If I'm sleeping and the ship

runs aground, I'm accountable.

If an airplane crashes,
I'm accountable.

Well, sir, if you
truly believe that,

then why are we
having this court-martial?

In order to discharge
my responsibility,

I've been given the
authority of command.

Under this authority,
I've established

standards of performance

which I expect everyone to meet.

When someone fails to
do so, I take remedial action

even to the point
of court-martial.

Now, I wish I could
be more lenient,

but I can't.

We are undermanned
and overworked.

There are too few spare parts,

too little time for training.

Recruitment is
down, op tempo is up,

and yes, Commander, I
do spend a lot of time at sea,

not because I'm
bucking for admiral,

but because the government
tells me to go out there.

And until the
government sees fit

to improve our
situation, I demand more

from my officers
and crew, not less.

I'm screwed, aren't I?

No.

Come on, Harm.

You saw their faces.

After hearing Captain
Ingles, I'd convict me.

A jury is an
unpredictable animal...

Harm...

it's time for me
to take the stand.

So why didn't you send the
aircraft around, Lieutenant?

I believed I could bring him in.

I've landed hundreds of aircraft

without a mishap.

Nevertheless, your
supervisor gave you an order.

Yes, sir, but once
the deck was cleared,

I assumed I could
bring the aircraft in

and there was no time to
check with Commander Bates.

So you acted on
your own initiative.

Yes, sir.

And, in so doing,

despite these
charges against you,

you saved the
lives of two aviators.

Objection. Counsel has begun

closing arguments.

Sustained.

Your witness.

Lieutenant, what went through
your mind when you saw

the emergency
aircraft approaching?

So many things.

I thought...

They're losing control.

They can't hear me.

It's pitch black.

If they eject, they may drown.

In other words,

you imagined
yourself in their place.

I didn't have to imagine it.

I was in their place once.

Meaning, you
experienced a ramp strike.

Yes, ma'am. It's something
you don't ever forget.

So, by putting yourself

in that aircraft
with the flight crew,

you were no longer functioning
as a landing officer, were you?

For that brief space of time,
you were a RIO in the backseat,

gripping the ejection
handles, scared to death.

Yes. I was scared.

You weren't thinking
of the safety of the ship

at all, were you, Lieutenant?

Your only thought
was, "get me down."

Isn't that true?

Actually, it was, "Please,
God, get me down."

But that wasn't my only thought.

I considered the safety
of the ship and crew

and I made a decision.

I did my job as I
was trained to do it

and there was an accident.

On your watch.

Yes, ma'am, on my watch.

If you think I've done
something wrong,

then go ahead and vote that way.

But whatever the outcome
of this court-martial,

I'm resigning my commission
in the United States Navy.

I will not be part
of an organization

that chooses to punish me
for carrying out my duties.

No further questions.

Fact: Lieutenant
Hawkes' duty as LSO

is to safely direct the
pilot in landing the plane.

Fact: Lieutenant Hawkes
ignored her supervisor's order

to signal a go-around.

Fact: there was a crash.

Conclusion?

Lieutenant Hawkes is
guilty of dereliction of duty.

By the way, it's irrelevant
how undermanned the Navy is

or how Congress earmarks funds.

What is relevant
is the evidence.

Thank you.

Mr. President,
members of the court,

I was going to try
to convince you

that blame for the accident

should be shared by
the pilot, senior LSO,

the commanding
officer, the entire Navy...

But I can't do
that, because these

are all decent, honorable,
courageous people doing a job

under difficult circumstances,

and I will not diminish
their self-sacrifice

by trying to pin even a
portion of the blame on them.

All I ask of you is this:

That you regard
Lieutenant Elizabeth Hawkes

as one of them and show
her the same consideration.

Please don't accept
her resignation.

Thank you.

SEBRING: Mr. President,
have the members

reached a verdict?

We have, Your Honor.

Lieutenant Hawkes,

will you and your
counsel please rise.

SEBRING: Mr. President,

you may announce your findings.

Lieutenant Elizabeth Hawkes,

this court-martial
finds you not guilty

of all charges
and specifications.

This court is adjourned.

( laughing): Oh, thank you.

Thanks.

I must remember this
new legal strategy, Skates.

Tell the members to go to hell.

It only works if
you're innocent, Mic.

Congratulations, Lieutenant.

This is one case I
don't mind losing.

Thank you, Colonel.

I hope you weren't
serious about getting out.

I'll think about it.

Captain?

Lieutenant.

Your closing, Commander...
Was that just a lawyer's trick

or did you mean what you said?

Well, I always
mean what I say, sir.

Captain...

should the opportunity
ever arise, sir,

I would be proud to serve
under your command again.

And I'd like to have
you back, Commander.