JAG (1995–2005): Season 5, Episode 2 - Rules of Engagement - full transcript

Previously on JAG...

Pappy, I've got a pop-up.

Armored vehicles converging
on inbound refugees.

Suspect refugees in danger.

Badman Three, if you
haven't been shot at

and Photo Bird is clear,
recommend disengage.

I can't. They're going
after those refugees.

I smoked them good, Boomer.

Oh, you are the man, "X."

Plus, you get all the luck.

Oh, yeah.



Is this the man?

Is this the man?

Something wrong, CAG?

Lieutenant Buxton,
did you attack vehicles

on the highway east of Zlata?

Yes, sir.

Serb armor about to cut
off a group of refugees, sir.

Those Serbs, Lieutenant Buxton,
were Russian peacekeepers.

You killed three

of their senior officers.

Commander Rabb was there?

Apparently, he was close by.

He was not
involved in the action.

Well, that would be a first.



You've got to move on this, A.J.

Mr. Secretary,
with all due respect

we don't even know
what happened yet.

The Russians say
this Lieutenant Buxton

cold-bloodedly murdered
three of their senior officers.

Well, they always
were so reliable

during the Cold War.

The Cold War is over...

we hope.

Now, do I need to tell you
how important it is to keep them

on our team in Kosovo?

I pulled Lieutenant
Buxton's service record.

He has excellent
ratings across the board.

Crackerjack pilot.

Likely next assignment...
Test pilot school.

Could end up an astronaut.

I was thinking something more

along the lines
of a court-martial.

Sir, we still don't
know what happened.

Then find out.

Thanks.

Hey, stranger.

It's good to see you.

You, too.

So how was your trip?

Lieutenant Colonel?!

Ma'am.

Ah, uh... well, this...
this just happened.

I was going to tell you...

My heartiest
congratulations, ma'am.

Thank you, Commander.

At ease.

Can we get to work now?

I could really use your
help on this investigation.

You know, the Russians
are screaming bloody murder,

the Pentagon doesn't
know whether to go to war

or dig a hole in the sand.

Well, I'm no longer with
the JAG Corps, ma'am.

I'm an aviator.

Oh, so you're not one of us.

You're one of them.

I will, of course,
obey any lawful orders

that you give me, ma'am.

I will try to keep
them all lawful, then.

Aye, aye, ma'am.

These things happen, Colonel.

Sometimes they do, Captain,

but they're not supposed to.

And what was Lieutenant
Buxton supposed to be doing

when he attacked
the Russian vehicles?

Monitoring the no-fly zone.

Keeping Yugoslavian aircraft
out of our operational area

as defined by the
cease fire agreement.

The no-fly zone was
up in the air, correct?

He was also escorting a plane

photographing suspected
mass grave sites

and he was aware
that rogue Serb forces

have been slipping
across the border

terrorizing returning refugees.

We have standing orders
to prevent that. I see.

Well, had the vehicles Lieutenant
Buxton fired on been reported

to be violating the cease-fire

or terrorizing refugees?

Not to my knowledge.

Captain, I'll need the HUD
tapes from that mission.

Also, radio and radar readouts,

a copy of Lieutenant
Buxton's kneeboard cards

and a tape of the
C.V.I.C. briefing.

Everything Lieutenant Buxton saw

before he went up.

How about what he
saw after he went up?

I'm all ears, sir.

She talked to my RIO, sir.

She's just doing her job.

She talked to my plane crew,

she talked to the
damn Russian admiral...

I can get to some
people before she does.

Don't do it, Buxton.

They could pile on
obstructing justice, too.

Those desk jockeys

aren't going to be happy
until the X-Man's butt

is polishing a rack
in Leavenworth.

Look, I know the Colonel.

I guarantee you, she's fair.

But does she understand?

You're up there with me.

You know what it's like.

Come on, sir.

You would've taken
the shot, wouldn't you?

I don't know that.

But you know how it felt, Pappy?

Like a tool in a groove.

Like... like a hand in a glove.

I mean, how many times
have we practiced strafing?

I could train 20 years...

My entire life...

To fight in an aircraft

and then retire
without ever doing it.

And what would that make me?

Lucky.

Oh, come on. You just want

to bore holes in the sky
your whole time in the Navy,

or do you want to do
what you were built to do?

Look, if I saw
those trucks doing

whatever it is you
thought they were doing...

Driving.

Driving.

They were Yugoslavian

and they were just... driving.

They were in the wrong place
when I was in the right place.

That's what I thought.

You shouldn't
be telling me this.

Why?

MacKENZIE: Hello, Admiral?

MacKenzie.

That's the SECNAV, Colonel.

He wanted to hear
your report first-hand.

Good morning, sir.

What have you got?

Well, Lieutenant Buxton's
orders were very clear, sir.

"Do not engage ground forces

"without
incontrovertible evidence

"of prohibited activity.

"If in doubt, call the
battle force commander

for authorization."

What'd his RIO say?

Well, he said he was too
busy with his instruments to see

what was happening
on the ground.

At ease, Lieutenant. Are
those the photographs?

Yes, sir. These
were... Thank you!

Uh... taken after the attack.

The destroyed Russian vehicles

had the letters K-4 on
their roofs and hoods.

They were pretty clearly
marked as part of the peace force.

Well, if Lieutenant Buxton
had bothered to take a look...

Which he didn't...

Radar shows he went
down once to strafe.

No identifying passes.

Sounds like we have plenty.

Uh, Colonel MacKenzie,

can you win a conviction
on manslaughter?

Uh, maybe, sir.

Disobeying orders
will be a stronger case.

Then we'll charge him with both.

Thanks.

Bravo, Colonel.

Bravo.

I thank you...

for seeking justice for
our murdered colleagues.

You like to sit with me?

No, I'm sorry.

I promised to sit with
Commander Rabb.

Uh, why don't you give
me the bubonic plague, too,

while you're at it?

Do you want me to
eat in my stateroom

so the other boys
don't get mad at you?

No, no. Stay.

I should warn you, though,

that meatloaf was a bad choice.

Right. Thanks.

We haven't really
had a chance to talk.

Well, we've exchanged
e-mails a few times.

Of course, you failed to
tell me of your promotion.

Well, I didn't want to
take your mind off...

My new inferiority?

You feel inferior here?

Here? No, Mac, I
was born to be a pilot.

I belong here.

So, JAG... What, you
were just killing time

till you got your eyes fixed?

No, JAG was fine.

Although I don't envy being
in your shoes at the moment.

Colonel MacKenzie...

may I have a word with you?

Manslaughter, ma'am?

It isn't right.

A court-martial will decide
what's right, Lieutenant.

I was doing what I
was supposed to do.

What I was trained to do.

This is not the
time or the place.

Ask the Commander.
He'll tell you, ma'am.

Tell me what?

What I did. Why I did it.

He understands. I told
him what happened.

You told him
everything? Yes, ma'am.

Well, then you just put him
on my witness list, Lieutenant.

Wait a minute...

You can't do that.

Actually, I can.

Yes, she can, but she
really doesn't want to.

Because Commander
Rabb is my lawyer.

What?!

I thought you quit JAG.

I did quit JAG. I
can't be your lawyer.

You already are, sir.

I told you things
confidentially.

You gave me legal advice.

He did? You did?

Well, uh, maybe a little.

You're my man, Pappy.

Well, "Pappy," I'll be
seeing you in court.

In what has become
a familiar ritual,

chanting Russians
marched outside

the American embassy
today, denouncing

the deaths of three
Russian officers in Kosovo...

We're court-martialing the
poor bastard who killed them.

What else do they want?

Well, they want you
to lose, Commander.

Excuse me, sir?

You're the lead
counsel in defense

of the, uh, "poor
bastard who killed them"

so I suggest that
you put an "alleged"

in that phrase from now on.

I thought Commander
Rabb had the case, sir.

Well, I thought it was better
that the attorney of record

was a lawyer still sanctioned
by the Navy to practice law.

I don't think Rabb will
be happy to see me, sir.

Lieutenant, you'll assist

Colonel MacKenzie
in the prosecution.

Aye, aye, sir.

You and Brumby will leave

for the Mediterranean
at 1930 tonight.

You can leave the office

say, 1700 to pack.

We don't all have to be there

for the investigation,
do we, sir?

Well, it is customary

the attorneys attend
the court-martial.

It's going to be held
on the Patrick Henry.

Uh, why, sir?

Well, the CAG made the
not unreasonable point

that the defendants,
several of the witnesses

and one of the defense attorneys

are active-duty
pilots in a war zone.

They may need to walk
out of that courtroom

and do their jobs.

That will be all.

Sir?

Do you have any message
for Commander Rabb?

No.

Hey, how was your trip?

I don't know. I'll ask my
stomach if I ever see it again.

What? You've never
been tail-hooked before?

Mother said it was a
sin before marriage.

Bud!

Colonel!

I'm ready to dive right
into this case, ma'am.

Somehow, Bud, you don't look it.

Do you know where
Commander Rabb is?

Out there.

He's keeping up his quals.

We shouldn't even be having

this conversation.

What Lieutenant Buxton
did isn't manslaughter.

At worst, it's
collateral damage.

"Any person who
unlawfully kills a human being

"by culpable negligence

is guilty of involuntary
manslaughter."

Actually, we could
have charged murder.

We're already
giving you a break.

I didn't murder anybody, ma'am.

Lieutenant, now, you
insisted that I be your lawyer

so listen to me... be quiet.

We might reduce the
charge even further

if your client pleads.

To what?

Negligent homicide.

Three years confinement
and a dishonorable discharge?

For killing three
people? It's a bargain.

- Unacceptable.
- Hold on, mate.

Let's confer with our client.

I know where my
client stands. How?

Am I allowed to talk now?

Yeah. No.

You know, maybe you three
should have a little conference

among yourselves before
you get together with us.

Excellent idea.
We don't need one.

MacKENZIE: Well, they'll
get it together eventually, Bud.

For the disobeying
an order count

we'll need to nail down that
NATO rules of engagement

qualify as a general order.

I think the older precedents are
on our side, but I want you to...

Bud.

Bud.

Do you know what they're
doing up there, ma'am?

They're landing 40,000 pounds

of screaming metal
onto a tiny speck

in the middle of the ocean.

That's what Lieutenant
Buxton does for a living.

Commander Rabb, too.

All I do is look up
legal technicalities

on a laptop computer.

Well, would you
feel better about it

if your computer
weighed 40,000 pounds?

No, ma'am.

Those precedents... do
you want military courts only

or anything federal?

Yes, ma'am, as the fleet JAG,

I briefed the members
of Squadron V.F. 218

on the rules of engagement

for Operation Joint Guard.

MacKENZIE: Was the
defendant, Lieutenant Buxton,

present for the
briefing? Yes, ma'am.

So, what did you tell the
members of the squadron?

Well, basically, that
they could use force

only when enemy forces were
demonstrating hostile intent

or committing hostile
acts against NATO forces

or civilians under
our protection.

And what if the
situation was ambiguous?

Then they were to pass
requests to use force

up the chain of command.

I see, and after you
explained all that

what, if anything, did
Lieutenant Buxton say?

He said, "Yeah, and if I
need to scratch my six,

do I have to call
the president?"

What is his "six,"
Lieutenant Aldridge?

His behind, ma'am.

Thank you.

I'm an S-3 pilot in Sea
Control Squadron 28

attached to Air Wing 16 on
board U.S.S. Patrick Henry.

We fly anti-submarine
warfare missions.

We also do in-flight refueling.

Was there an occasion last month

when you began and then aborted

a refueling of the
defendant's plane?

Objection. That
occasion has nothing to do

with the incident
at issue here, sir.

What is the relevance,
Colonel MacKenzie?

I believe it will soon
become clear, Your Honor.

Give me a hint.

Negligent carelessness is a
key element of manslaughter.

We will show that
such carelessness

by Lieutenant Buxton
did not suddenly

y of the crime charged here.

I'll allow it.

Sir...

I'll allow it.

Just keep it short.

Yes, sir.

Lieutenant Mirvis,
please describe

that aborted refueling.

Yes, ma'am.

Lieutenant Buxton radioed
us that he was low on fuel.

We were low ourselves,

but we told him to come on over

and I streamed my drogue.

I was about to give
him everything I had.

What happened then?

We received an emergency
call from another pilot.

Actually, the Commander.

He'd had a bird strike

and was streaming fuel.

So, two planes needing
fuel, and you low...

Now, what would standard
operating procedure be

in a situation like that?

Give them both a little

and direct them
to another tanker.

Is that what happened?

No, ma'am.

Lieutenant Buxton
pulled away and said

that he could make it
back to the carrier okay.

Really? Well, when
he first radioed you

how much fuel did he
tell you that he needed?

He said he needed 2,000 pounds.

And how much fuel

was he supposed to
be carrying in reserve

when he landed on the carrier?

2,000 pounds.

2,000 pounds he didn't have.

He could have crashed.

Isn't that right,
Lieutenant Mirvis?

He did land safely, Colonel.

He barely

landed at all. Objection.

Withdrawn.

No further questions.

Lieutenant Mirvis, by
declining to take fuel for himself,

did Lieutenant Buxton
accomplish anything that morning?

Yes, sir. He made sure that
you got enough to get back safely.

Thank you.

Look at that, Commander!

Getting up to
1,500 miles an hour

pulling six "G" turns.

Finding a carrier deck
on a night like this.

You know what
the pilots call us?

Legal weenies.

Yeah. Well, at least we don't
have to go 1,500 miles an hour,

pull six "G" turns

or find a carrier deck
on a night like this.

Sorry, Commander... I didn't mean
to imply you should feel inadequate.

Maybe they're the ones
who feel inadequate, Bud.

So, how'd you hear about
the refueling incident?

The Russian admiral told me.

Apparently, Buxton
told him the story

when they were
jaw jacking one night.

That was before he
started killing Russians.

Harm, you knew he was pulling
stunts like landing on fumes.

He could have killed

three people then.

He didn't.

He could have.

But you didn't blow the whistle.

I mean, what was that?

Some sort of macho
pilot camaraderie.

You don't even like the guy.

I'm a pilot, Mac.

I don't pull out my law book

every time I see
one of them jaywalk.

So you let him jaywalk.

And now here we are.

Gives us an opportunity

for another one of
our friendly chats.

MacKENZIE: What is your assignment
in the Air Force, Captain Weston?

I'm a senior strike controller

on an E-2 Charlie
Hawkeye flying out of Aviano.

And what is your mission?

We basically fly around
on surveillance station

for 12 hours at a time

providing command and
control for allied aircraft

over the truce area.

So you tell NATO
pilots what to do.

Yes, ma'am.

You tell them what not to do?

We do, or we provide a link

to the command center in
Vicenza, and it tells them.

Did you communicate one day
last month with the defendant?

Yes, ma'am. I renew my objection

to this line of questioning.

The day the Colonel
is asking about

is not the day of the incident

we're concerned with here, sir.

Is that right,
Colonel MacKenzie?

Yes, sir. It was
another occasion

when the defendant demonstrated

dangerously reckless conduct.

May we approach, sir?

What exactly is this
witness going to testify to?

A few days

before the defendant
started killing Russians

he defied warnings
to stand down,

crossed into Yugoslav
airspace to chase a MiG

that he had no right to chase

and was nearly shot
down for his trouble.

Now, Commander
Rabb here saved his life.

Commander, I'm
beginning to think

that you should be a witness
instead of defense counsel.

Sir, my testimony
would not be relevant.

All mention of these incidents

is prejudicial to the defendant.

It's also a breach

of Rule 404 of the
Rules of Evidence.

"The prosecution cannot mention

prior bad acts."

We can if they go
to proof of motive.

What motive?

Buxton had no motive
to kill those Russians.

Even you grant
it was unintended.

MacKENZIE: Yes, but motivated

by his desire to fight,

his desire for glory
and his lack of concern

over where we went
or who he shot at

to get it.

That is completely
unsubstantiated

speculation, Colonel.

I can substantiate
it if you allow me

to show the pattern.

Your objection, Commander
Rabb, is overruled.

Proceed, Colonel MacKenzie.

We're getting killed.

Your fault, mate.

You saved him.

MacKENZIE: and what
was Lieutenant Buxton's

mission on the day he attacked
the Russian vehicles, Captain?

To patrol the no-fly zone

and to escort a plane
taking photographs

of suspected mass grave sites.

So...

nothing about killing
Russian observers,

is that correct, sir?

There was a standing order
to protect returning refugees

from rogue elements
of the Yugoslav military.

Wasn't there also
a standing order

to query higher authority

before firing at a target

if there was anything
ambiguous about it?

"If there was anything
ambiguous about it," yes.

And wasn't the
defendant also subject

to a standing rule of engagement

not to use force
except in response

to a hostile act or a
clear demonstration

of hostile intent?

Yes.

Thank you, Captain.

Captain Pike,
were there refugees

in the vicinity of the vehicles
Lieutenant Buxton attacked?

Uh, yes, a mile or
two down the road.

In the direction the
vehicles were headed?

Yes.

Were Yugoslavian vehicles

supposed to be anywhere near

those refugees, CAG?

No.

Why not, sir?

Because a week before

they shot ten people there.

So, Captain, as
a combat officer,

in your opinion,

was it reasonable
to infer hostile intent

to Yugoslavian vehicles headed
in that direction on that road?

Yes.

Thank you, sir.

No further questions.

"Reasonable to infer"...
Doesn't "infer" imply

that there was some sort
of ambiguity in the situation?

It implies the pilot had
to make a judgment.

The type of judgment that
was supposed to be made

by a senior authority,
not an amped-up pilot

looking for a shot at glory.

Objection.

Sustained.

Colonel, I would say
you had to be there.

Well, since that's
not possible, Captain,

we're just going to have to
do the best we can right here.

No further questions.

Let me have a crack at it, mate.

Captain Pike, as air wing
commander, you are responsible

for the competent
operation of every plane

in the group, correct?

Yes.

For example, if you noticed

that a pilot was drunk
as he entered the cockpit

it would be your duty to
prevent that, wouldn't it?

Yes, Commander.

Captain, are you
aware of an incident

in which Lieutenant
Buxton returned to the carrier

dangerously low on fuel?

There was an occasion
when he had a lower reserve

than regulations require.

What's he doing?

And did you discipline
the Lieutenant

for that infraction, sir?

I counseled him.

"Counseled him"?

Then, are you aware
of a subsequent incident

in which the
Lieutenant conducted

an unauthorized pursuit
of a Yugoslav MiG

and was nearly shot down?

Sir...

may I confer with co-counsel?

Now?

It'll take but a minute, sir.

Very well.

What the hell are
you doing up there?

Trying to get our
client off the hook.

It doesn't sound that way.

I'm stuck with lemons,
Harm. I'm making lemonade.

Short recess, sir?

Ten minutes.

When were you gonna let
me in on this strategy, Brumby?

It just came to me...

A desperation move

after you struck
out on your cross.

I struck out?

Correction:

Colonel MacKenzie
struck you out.

Were you and I in the
same courtroom or what?

Look, Harm, she hammered us

getting those previous
reckless acts into the record.

They weren't "reckless,"

Commander.

No, they were insane.

We'll deal with them.

I am dealing with them...

Making them work
to our advantage...

By shifting blame for the deaths
of the Russians to Captain Pike.

What's the CAG
got to do with this?

Four years ago, an
air group commander

was successfully court-martialed
for dereliction of duty

after the fatal crash of a pilot

under his command

with a history of
reckless flying.

So?

So, the Commander should
have grounded the pilot.

After your stunts

the CAG should've grounded you.

I mean, strictly speaking,
it's not a defense

but it could influence
the members, Harm.

So, you're trying to get me
off by telling these people

that I shouldn't
be allowed to fly?

Yeah.

Sir, you're fired.

Fine.

You tell him, Harm.

It's not fair to the CAG

and it could backfire, Brumby.

I'm not talking about fair.

This is all we've got to
get our client acquitted

of a crime that
could land him in jail

for ten bloody years, mate.

It's my job, Harm.

It's your job, too, remember?

It could work.

I don't care if it gets
me a ticker-tape parade.

I'm not going to slam the CAG

and I'm not going to tell
these people I'm not competent

to fly. So, would you rather go

to jail for ten years, mate?

I'd rather go to jail
for 10,000 years, sir.

I guess we're trying
something else, Brumby.

Hey, your mystery recess over?

Are you going to
go back in there

and try to lynch the CAG?

Actually, there'll be no
further questions, Colonel.

Isn't this a terrible comedown

for you, though, sir...

I mean, out of the air and
back into the courtroom?

"Terrible"? Not except
for working with Brumby.

Well, I guess for
you it's just one case

and, then, you
know, you're done.

What's with him?

He's a legal weenie.

I can assure you,
Admiral, no one is trying

to diminish the deaths
of the Russian officers.

I should hope not.

I just have a few questions.

Shoot.

Can you tell us
what this is, Admiral?

That is the flag of
my country, Russia.

This the same flag

that was flown by
the armed column

that Lieutenant
Buxton attacked, sir?

Of course.

Can you tell us
what this is, sir?

That is the flag of Yugoslavia.

Oh. Very similar,
wouldn't you say, sir?

I suppose.

I would like these marked

Defense Exhibit
Seven and Eight, sir.

Can you tell us
what this is, sir?

An armored command vehicle...

The same type that the
Lieutenant destroyed.

A B.T.R.-60, is
that correct, sir?

I believe.

Are these same vehicles used

by the Yugoslavian army?

So what? This one was
just driving down the road.

Is that a "yes," Admiral?

Yes, but this belonged
to the peacekeeping force

and had the
initials on the side.

Thank you, sir.

No further questions.

The headquarters knew this.

The radio channel was open.

Thank you, sir.

The idiot is supposed to ask

before he shoots.

Thank you, Admiral.

I had heard reports

of what the Serbs were
doing to the refugees.

And what was that?

Objection: Hearsay
and irrelevant.

It goes to the defendant's
state of mind, sir.

Overruled.

What had you heard, Lieutenant?

That they killed them.

They raped them.
They shot children.

What were your orders
regarding all of that?

Don't let it happen again.

So, was this going through
your mind when you saw

the Russian armored column
moving toward the refugees?

I didn't know they were
Russian. Intel didn't say anything

about Russians being
in that part of the country.

They looked like
Serbs, Commander.

"Looked like"? Why didn't
you radio for information?

I didn't have enough time.

The road was winding
its way into the woods

and I knew they'd
get to the refugees.

I had to take the
shot then or not at all.

You didn't see the
peace force insignia

on the vehicles?

No, sir. I was
flying at 400 knots.

Well, then, how
did you identify them

as Serbian, Lieutenant?

My kneeboard
card has silhouettes

of Yugoslavian armor,
and I'd seen them before.

When?

During the bombing
campaign, before the cease-fire

when they wouldn't allow us
to fly low enough to stop them.

Stop them from what, Lieutenant?

We were out there that day

taking pictures of
mass grave sites, sir.

Now, I didn't want there
to be any more grave sites

because I didn't do
what I had a chance to do.

Thank you, Lieutenant.

After the cease-fire

you were briefed on
the rules of engagement?

Yes, ma'am.

You mocked them?

I made a joke, Colonel.

You asked if you needed
to call the president

when you wanted
to scratch yourself.

Pilots make jokes in
the ready room, ma'am.

We're in kind of
a tense business.

Oh, so you did respect
the rules of engagement?

Yes, ma'am.

You ignored them when you chased

that MiG into Yugoslavia.

Objection: Is that a question?

I'll rephrase.

Why did you chase that MiG

in violation of the
rules of engagement?

It adopted an offensive
posture toward me, ma'am.

"An offensive posture"

nobody else saw.

Nobody was there
but me, Colonel.

And nobody else seemed to think

the Russian peace
observers were rogue Serbs.

Now, why are you the only
one who sees these things?

Objection: Argumentative.

Overruled. I didn't
make it up, ma'am.

You were itching for a fight,
weren't you, Lieutenant?

What's wrong with that?

I'm a combat pilot.

Oh, so, you are
eager for combat?

Well, I didn't join the Navy

to learn computer
programming, Colonel.

I joined to fight
for my country.

And if there was nobody to fight

you would find
somebody to fight.

I was just doing my job, ma'am.

The rules of engagement got

in the way of your
job, didn't they?

I thought they were a
little pusillanimous, yeah.

Sir...

They were wimpy... geeky...

what, not appropriate
for a warrior like you?

Sir, this entire line of
questioning is argumentative.

It's cross-examination, sir.

Overruled.

How wimpy were they, Lieutenant?

Back during the bombing,
we weren't allowed

to fly lower than 15,000
feet, so we wouldn't get hurt

while people on the ground
were being slaughtered.

Now, I didn't join a
combat organization

to avoid getting hurt, Colonel.

Now, I think it's an
ass-backward war

where a stated purpose is
to have no military casualties.

You think? Do you care

what the national
command authorities think?

I do what they say, ma'am.

I just don't have to like it.

Oh, so you get around it by
seeing what you want to see

and, now, we have three dead

peace force
observers. Objection.

Sit down, Commander.

I didn't mean to kill them,
Colonel. You didn't care enough

to find out who it
was you were killing.

Sir, I...

Sit down, Commander!

Take a look at
those flags, ma'am.

They look alike.

You couldn't see the flag.

You were going 400 knots.

And when you
got back to the ship

didn't you celebrate
with your pilot pals?

Military men celebrate when
they kill the enemy, ma'am.

Or somebody who
looks like the enemy.

They were close enough, Colonel.

MacKENZIE: No, they
weren't, Lieutenant.

No, they weren't.

Maybe if we get him
to plead guilty now

they won't keelhaul him.

What are you looking for, mate?

A magic spell to make
our client not an idiot?

He said he thought

they were the enemy, Brumby.

He didn't know who
the hell they were.

Colonel MacKenzie
made that pretty clear.

But she can't prove
what he was thinking.

They can still
choose to believe him.

Whatever he was
thinking, he crossed the line.

He wasn't supposed
to go off half-cocked.

Actually, I think
we should argue

that he was required to.

Excuse me?

I'm going to put Buxton
back on the stand for redirect.

You're kidding, right?

No. Desperate.

How did you become a
Naval officer, Lieutenant?

I went through R.O.T.C.
at Texas A&M, sir.

As part or your training there

did you take a
course in military law?

Yes, sir. And did that course

cover the aspects
of the Uniform Code

of Military Justice that
apply to you as an officer

in the United States Navy?

Yes, sir.

Do you remember

being instructed
about Article 99?

I do, sir.

Let me read you a section
of that article, Lieutenant.

Objection, Your Honor.

Lieutenant Buxton is not
charged with violating Article 99.

Well, he had reason to
believe he would be, sir,

if he failed to
attack that column.

This is not possibly
relevant, Your Honor.

Worse, it's a flagrant attempt

to introduce a separate
confusing issue.

If it confused Lieutenant

Buxton, that makes it relevant.

Read what you were
going to read, Commander.

Your Honor...

I'm not saying he can
do what he wants to do.

I just want to find
out what that is.

Uniform Code of
Military Justice, Article 99:

"Any person who
before or in the presence

"of the enemy runs away

"or willfully fails to do his
utmost to encounter, engage

"capture or destroy
combatants, vessels, aircraft

"or any other thing
which it is his duty

"to encounter, engage,
capture or destroy

"shall be punished by death
or such other punishment

"as a court-martial

may direct."

Your point being, Commander?

Lieutenant Buxton
reasonably feared, sir,

of being court-martialed

if he failed to
attack that column.

MacKENZIE: Article 99
only requires combatants

to attack those things

they have a duty to attack.

And, Your Honor, if
we're going to argue this

I suggest that we do it outside
of the hearing of the members.

The members have a right

to hear every relevant argument.

This is not relevant.
Your Honor?

If a fighting man fears
he will be punished

for not doing what
he sees is his duty...

Your Honor?

Approach.

That was an egregious attempt to
appeal to the emotions of the members.

It's a legitimate
defense, Colonel.

Only if Lieutenant Buxton
had a duty to attack that column

which, as a matter
of fact, he did not.

I think a "reasonable man"
standard is appropriate.

Would a reasonable man in
Lieutenant Buxton's position

believe he could be punished?

Executed? For not shooting
at the wrong people?

Is it really what you think

Lieutenant Buxton
was thinking about?

I don't know, Colonel. I was
going to ask him when you objected.

Cute, Commander.

But the objection's sustained.

You'll confine your questioning

to offenses the defendant
is accused of committing.

Thank you, Your Honor.

Step back.

The defense rests, sir.

Fine. Summation's
tomorrow. We're adjourned.

Is there anything else I
can help you with, ma'am?

No. My closing will be
pretty straightforward.

I don't think Harm
hurt us enough

to do anything differently.

We're going to
win this one, Bud.

Okay. Great.

Try to contain your enthusiasm.

I'm sorry, ma'am.

Bud, what's wrong?

I don't know,
ma'am. It's just that...

it's being around all these
people with combat roles.

Lieutenant Roberts,
you are a fine lawyer

and a fine Naval officer.

Thanks, ma'am,

but being a lawyer around here

it just doesn't seem so manly.

Bud, you are a great
father and a great husband.

I mean, just-just ask
Harriet how manly you are.

I suppose.

It's just that she's been
so busy with the baby...

You know?

Harriet's been tired?

Getting up in the middle of
the night to nurse the baby.

Not that she shouldn't.

So you and she...

We're very tired, ma'am.

You and she aren't...?

It's normal.

And they say it
only lasts for...

a few years.

Good night, ma'am.

Good night.

This is Lieutenant Colonel
MacKenzie requesting

a phone patch to the States.

This is a simple case.

Lieutenant Buxton was
ordered not to use force

except in response
to a hostile act.

Instead, he used force

in the absence
of any hostile act.

Lieutenant Buxton was
ordered to seek guidance

from higher authorities
if he had any doubt

about the potential
target of his force.

Instead, he acted alone

on his own very
mistaken perception...

A mistaken perception
willed into being

by his reckless and
careless desire to find a fight

even when there
was no fight to find.

As a result of his
recklessness and disobedience

three officers are dead,

their lives taken by an action
that is unlawful in Russia,

unlawful in Yugoslavia,
unlawful in autonomous Kosovo

and, most importantly, unlawful
in the United States Navy.

Lieutenant Buxton
disobeyed his lawful orders

and as a result, he caused
three wrongful deaths.

It is your duty
to find him guilty.

What is the Navy for?

Why do we put on these
uniforms, train for years

to, to fly our aircraft,
to steer these ships?

The basic answer is to
keep our country safe,

to display so much strength

that no aggressor
would dare attack us

for fear of suffering
dire consequences.

But what happens when
an aggressor does attack?

Maybe not us, but people
under our protection?

Do we still just
display strength?

Fly, sail, march,
but do nothing?

Or not enough?

Lieutenant Buxton
didn't think so.

And after weeks of
flying at 15,000 feet

while people we were
supposed to be protecting

were being slaughtered
on the ground

he was given an
order one day to fly low.

And flying low

he saw what he thought
was a hostile force

engaged in a hostile act.

So he did what Naval
officers are supposed to do:

He used his intelligence.

He used his initiative.

He made a decision and he acted.

Now if we judge that action

just by its unfortunate
consequences

what message are we
sending to future Naval aviators

who see something
evil in a war zone?

Play it safe? Call home?

Come back tomorrow?

John Paul Jones said

"He who will not
risk cannot win"

and he was right.

If we don't take the right
lessons from what happened here

we'll have more wars
to look forward to,

more aggression from
despots and tyrants, not less.

Don't punish initiative.

Don't second-guess
battlefield decisions.

Acquit Lieutenant Andrew
Buxton of all charges.

Thank you.

Captain Wiggins?

Have the members
reached a finding?

We have.

The defense will rise.

Captain Wiggins, will you please

announce the finding?

Lieutenant Andrew Buxton...

this court-martial finds you

not guilty of all charges
and specifications.

I thank the members for
your time and attention.

Lieutenant Buxton,
you are returned to duty.

Aye, aye, sir.

I'll catch you
outside. Thank you.

Yeah!

Whoo!

You get it, Pappy.

I didn't think you
did, but you get it.

Yeah! The X-Man's back

and he's badder than ever!

Get what?

Pilot thing, Mac.

I couldn't possibly explain.

Attention on deck!

I'm looking forward to
getting back into action, sir.

I'm sure you are, Lieutenant,

but that's not going to happen.

Effective immediately, you
are going T.A.D. to Capodichino.

Shore duty, sir?

Officer in charge of the
corrosion-control detachment.

Pending a Field Naval Aviator

Evaluation Board,
which I feel certain

will terminate
your flight status.

This is political, isn't, sir?

Coming from Washington
because they couldn't convict me.

No, Lieutenant.
It's coming from me.

I always hoped your brain
would catch up with your talent,

but I can't fool
myself any longer.

Sir, they're, they're
sending me to a F.N.A.E.B.

They want to ground me.

Well, what did you expect,
Buxton, a promotion?

Look, you have to help me, sir.

Actually, Lieutenant, I'll
be testifying against you.

Against me?

I-I just heard you in court

talking about my
intelligence, my-my initiative...

How they had to acquit me.

I was your lawyer. It's
my job to get you off.

But you get it, sir.

I mean, you and
me, we're the same.

No, we're not the same.

I'm not reckless.
I don't fly stupid.

That's what this
is all about, huh?

You know that
I'm better than you

and you can't stand that.

You know, I wouldn't care

if you were the greatest
pilot in the world.

If you inspire those guys

to pull the same
stunts that you pull...

then you're a menace

not to the enemy, but to them...

to us.

But they can't do this.

Sir, the X-Man has to fly.

Not anymore, Andy.

Not anymore.

MacKENZIE: Ward
room. Colonel MacKenzie.

Okay.

Telephone for you,
Lieutenant Roberts.

Hello. Lieutenant Roberts.

Hi, Bud.

Harriet!

I've been thinking
about you, Bud.

Oh, me, too, sweetie.
How's little A.J.?

He's wonderful.

I'm just sitting
here all alone...

thinking about you.

I'm wearing that little pink
nightgown that you like so much.

You are?

Mm-hmm.

You know, when you get back...

my mom could take A.J.
for the whole weekend.

Oh, right, you want
to go to Chicago

and, uh, and see
the new aquarium.

No, actually, I was thinking
about that little motel room

right outside of Richmond.

Remember?

You mean the one where we, uh...

Really?

Bud, listen, I understand
you've been down a lot recently

and everything.

Well, now that
the trial's over, I...

I think I could probably
get you hopping in an F-14.

A what?

You know, a Tomcat...

A what?

I could probably even
get you to shoot the guns.

Uh, excuse me, Commander,
but with all due respect,

could you please leave, sir?

Uh-huh.

Uh-huh...

With me, right?

All right.

He looks kind of
macho, don't you think?

Okay.