JAG (1995–2005): Season 5, Episode 4 - The Return - full transcript

All deck personnel:
Rig for fuel transfer.

Boom coming in!

We're locked!

Increase speed to
1-2-0 revolutions.

Increase speed to
1-3-0 revolutions, aye.

That's 1-2-0 revolutions.

1-2-0 revolutions, aye.

Come right, steer course 0-5-5.

I say it again!

Come right, 0-5-5.

0-5-5, aye, sir.



Seaman Rivera, do I
need to have you relieved?

Uh, no, sir.

Then man your helm, son.

Aye, aye, sir.

All deck personnel, fuel
transfer has commenced.

Officer of the Deck,

wind shifting to
starboard quarter.

Captain, we're
getting sucked in.

The captain has the conn.

Boatswain's mate of
the watch, take the helm.

Aye, aye, sir. Right
standard rudder.

Steady on course 0-7-0.

Standard right rudder.
Come to 0-7-0, aye.

This is the captain. All hands:



Emergency breakaway.

Repeat: Emergency breakaway.

Clear the line! It's a break...

Get a corpsman down there.

Aye, sir. Get a corpsman
down to the main deck.

Lieutenant Gold, take the conn.

Aye, aye, sir.

Lieutenant Nelson,
you are relieved.

Sir, steady on course 0-7-0.

Very well.

This was a stupid,
needless mishap.

Seaman Rivera, I'm confining
you to bread and water

for three days.

Captain, if I might point
out, it was the wind shift...

It was negligence,
Lieutenant Nelson.

Now escort Seaman Rivera
to the master-at-arms shack.

Captain, with all due respect,
he's entitled to a hearing.

Fine. Do you have anything
to say, Seaman Rivera?

Sir, no, sir.

Then lock him up, Mr. Nelson

and spare me your
customary whining.

That was not due process, sir.

Are you refusing to
obey an order, mister?

Yes, sir. I must respectfully...

Lieutenant Nelson is
hereby relieved of duty

and restricted to quarters
pending court-martial.

Now get off of my bridge.

Can I help you, Commander?

You must be the new gunny.

Yes, sir. Gunnery
Sergeant Victor Galindez.

And you're...?

Commander Rabb.

Welcome back, sir.

Thank you, Tiner.

They're in the conference room.

I believe they're
expecting you, sir.

Nice to meet you, gunny.

Sir.

Political considerations aside

a willful disobedience
case is always...

Lieutenant Commander Rabb

reporting as ordered, sir.

Come on in, Rabb.

Take a seat.

A willful disobedience
case is always

a lose-lose situation.

Then perhaps you should
give it to Lieutenant Roberts, sir.

Well, he's accustomed to losing.

Can I remind you

of the Barstow case, Commander?

Oh, the lieutenant had
an unfair advantage.

How's that?

You were prosecuting.

That was your advantage.

It was an incredible
experience, sir.

I wouldn't trade
it for the world.

I understand you
did pretty well.

I held my own, sir.

Pushing another
F-14 by its tailhook

12 miles through
hostile airspace.

I'd say you did more
than hold your own.

Apparently, Admiral Nash agrees.

He's putting you
in for your second

distinguished flying cross.

Congratulations.

Thank you, sir.

I was unaware of that.

Commander, are you
sure you want to settle

for being a lawyer
after all this action?

Admiral, I don't
consider it settling.

Get yourself the proper uniform.

Sir?

Your insignia.

Get rid of that
line officer star

and get yourself
a JAG mill rinde.

You work for me
now. Have a seat.

Thank you, sir.

I guess you'll want
me to get started

on sentencing reports
and pretrial motions.

Well, why the hell would I
want to waste your talents

on such mundane
assignments like that?

Sir, I just thought since
I left your command...

that I would hold a grudge.

Commander, do you consider me

that petty and vindictive?

No, sir. Of course not.

I just thought a
precedent had been set.

When Colonel MacKenzie
left, you had her all but

swabbing the deck.

She left for the
glamour of civilian life.

Hell, you went out and
got yourself another D.F.C.

No. No, as a matter of fact

I have a nice little
case for you right here.

Thank you, sir.

"Willful disobedience."

You'll, uh, defend.

Robert's second chair.

Brumby's prosecuting.

I'll do my best, sir

Well...

I sure the hell hope so.

It's the SECNAV's son.

Welcome back, Commander.

That'll be all.

Sorry. Force of habit.

No worries, mate.

You're next door to Mac now.

Colonel.

Commander.

I was about to come see you.

They painted in here.

I could never get them to paint.

All in the way you ask, I guess.

Oh, by the way,

I understand you're
defending Lieutenant Nelson.

That's right.

If you lose, Harm,

you'll always be
known as the man

who let SECNAV's
son go to prison.

Well, you'll be the guy
who put him there, Brumby.

Whoa!

Excuse me, ma'am.

Bud, you should really
get some help with that.

Oh, I got it. Thank you.

Finish.

Jordan, hey, it's Harm again.

I'm at the office now.

Give me a call.

I'd like to see you.

Okay, good-bye.

Colonel.

Out there, it's Colonel.

In here, it's Mac.

How's it feel being back?

Like I left yesterday...

and I've been gone
a hundred years.

Yeah, I know the feeling.

Except, you know,
when I came back

I was condemned to writing
mindless motions for a month.

Now you're the
admiral's chief of staff.

Well, not officially.

Are you free for lunch?

Brumby and I are
going to grab a bite.

Bud and I have to go to Norfolk.

Well, maybe another time.

Sure.

Sorry again about
the office, Bud.

Oh, hey, if I had to
lose it to somebody

I'm glad it was you, sir.

You know, I never thought

I'd see you back here at JAG,

let alone work a case with me.

I understand you've
become quite a litigator.

Oh, you know, got lucky.

Won a few cases.

Well, I hear you
kicked Brumby's butt

once or twice.

Yes, sir. Kind of like...

You kicked mine before I left?

Well, sort of, sir. Yes, sir.

We were hooked up to the oiler,

taking on fuel,
and I had the conn.

But refueling's
always tricky, sir,

especially in heavy seas.

All the way down to
the cleats, McWilliams!

I'm sorry, sir.

My office is full of tarps.

I have to get this
painting detail completed.

No problem.

Anyway, you have
to maintain position

relative to the supply ship;

too close, you collide

and too far, you
break the fuel lines.

The deck log says that
Seaman Rivera made

an error at the helm?

Yes, sir. He misdialed
a speed adjustment

but I caught it in time.

He was shook up, but
he would have been okay.

Then the wind shifted

and a swell pushed
us towards the oiler.

Commander Burke ordered
emergency breakaway.

One of the fuel lines broke,
whipped across the deck

and hit a linesman.

Then Commander Burke
held a captain's mast.

It was no captain's mast, sir.

It was arbitrary punishment.

Commander Burke is a highly
regarded officer, Lieutenant.

Whom I respected till I served
under him for a few weeks.

What changed your mind?

The way he treated me.

He was on my
tail from the get-go.

But did he treat you different
than the other junior officers?

He rode them all
pretty hard, too, sir.

But he was especially
tough on you.

I know I have a
lot to learn, sir,

and the skipper
demands perfection.

I can deal with that.

I grew up dealing with that,

but he went over
the line with me.

How?

Constant fault-finding,
rebukes in front of the crew,

verbal abuse.

"Verbal abuse"?

As deck division officer,

I have 20 men and
women working under me.

How can they respect a boss

whose C.O. Is always
chipping at him?

Lieutenant, do you think
that your father's position has

anything to do with Commander
Burke's treatment of you?

No. Why would it?

Maybe Commander
Burke is holding a grudge.

I suppose,

it's possible.

A lot of people have a
grudge against my father.

Rabb: Good morning, gunny.

Good morning, sir.

Look, this is a long shot,

but have you ever
served aboard a ship

with Commander Wallace Burke?

I can't say that I have, sir,

but I'm sure if I ask around,

I could find someone who did.

Do that, will you?

Aye, sir.

Thank you.

By the way, sir, this
message came for you.

Thanks.

Uh, gunny, I'm going

to need transportation
this afternoon.

Thank you.

Yes, sir.

What are the chances

of this going to
trial, Commander?

Excellent, sir.

Considering your
son waived his rights

to an Article 32 hearing.

And the chances of acquittal?

Not so excellent, sir.

That bad, huh?

Your son did disobey a
direct order, Mr. Secretary.

You'll try to prove that the
order was unlawful, of course?

That is the customary
defense, yes, sir.

Well, and, if successful,

that'd be a black mark
against Commander Burke?

Yes, sir. That's a good chance.

That would be unfortunate.

Burke's a good officer.

Well, it appears that way.

I'm a political appointee.

Not very popular
with the officers.

Don't disagree so fast.

Everyone will bend
over backwards to avoid

any appearance of
undue command influence.

My position could
actually hurt my son.

This can't go to trial,
for the good of the Navy.

"The good of the Navy," sir?

And of all concerned.

Maybe you should be talking

to Commander
Brumby, Mr. Secretary.

I have. Now I'm talking to you.

Find some way to settle this.

Is that an order, sir?

No, Commander.

It's a request from a father.

Lieutenant called for 120 rpm.

I dialed 130 by mistake.

So that would have you going
faster than you wanted to be.

Yes, sir, by about two knots.

But Lieutenant Nelson caught it.

Oh, immediately, sir.

But then I didn't hear
the next course correction.

I messed up real
bad, Lieutenant.

From what I hear, you
never messed up before.

So what happened?

I was rattled, sir.

It was almost as if he was
waiting for me to foul up.

Commander Burke?

Well, don't get me wrong, sir.

I mean, the skipper's tough,
but he's usually fair. Only...

Can I talk off the record, sir?

Anchor Detail, report
to deck, section two.

Anchor Detail, report
to deck, section two.

Scuttlebutt was
that the commander

had it in for Lieutenant Nelson.

So he punished you
to get to the lieutenant?

He never punished me.

Three days bread and water?

Suspended that night.

It's easy following

orders we like.

Unfortunately, we don't
always have that luxury.

Sir, I'm sure
Lieutenant Nelson...

Lieutenant Nelson had
an attitude from day one.

He needed taking down a peg.

Teaching a young officer
humility is one thing, sir...

Destroying his career
is something else.

I'm not out to destroy
anyone's career, Commander.

If this case goes to
court-martial, Commander,

his career is over.

He should have thought of that

before he defied me
on my own bridge.

He's lucky I didn't
charge him with mutiny.

Commander, is a court-martial

really in the Navy's
best interest?

Is this where you
play your trump card?

Excuse me?

Oh, come on, Commander.

We both know what
this would mean

to my future in the Navy,
going after SECNAV's son.

I can assure you the SECNAV

has no intention of getting
involved, Commander.

But I will say this...

It is in everybody's
best interest

if we come to some
sort of an agreement.

Uh-huh.

You mean a plea bargain.

Would you consider
a plea bargain?

I'll go you one better.

I'll withdraw all charges

and return Lieutenant
Nelson to duty.

In exchange for?

He admits he was wrong
and apologizes to me publicly.

No, sir. Absolutely not.

The commander is making
a concession, Lieutenant.

Why don't you think about it?

I could think about
it for a year, sir.

It wouldn't make a difference.

It would make a difference
to your future in the Navy.

Apologizing would be
the sensible thing to do.

And expedient, but
it wouldn't be right.

Seaman Rivera's
punishment was suspended.

He's already back on duty.

Well, that only proves
Burke was really after me.

Don't you get it?

He never intended
to punish Rivera.

He only wanted to humiliate me.

But why?

Why does any tyrant abuse
his power? Because he can.

Let's go easy on the
labels, Lieutenant.

You don't know
what it's like, sir.

Constantly being criticized.

I mean, no matter
how hard you try,

your best is never enough.

I'm not a loser, sir, but
he makes me feel like one.

Sounds like my father.

If you were in my place,
Commander, would you apologize?

I would try to find
a way, Lieutenant.

Well, I can't, sir.

It's a matter of principle.

Principle or payback?

The past six months,

I've lived like Mother Teresa.

And then the admiral decided
I was no longer a disgrace

to JAG, the Marine
Corps or myself,

so he renewed his recommendation
for accelerated promotion

and the board deep-selected me.

I'm sure the way you handled

the anthrax courts-martial

had something to do with it.

Or the way I handled

the many other
cases you left me.

Sorry.

What about you?

You find what you
were looking for

out there in the
wild blue yonder?

Yeah.

Eight years too late.

Not much of a career left for me

in aviation at this point.

Yeah, but you knew
that before you went back.

Well, maybe I thought
I could beat the odds.

So what's next?

JAG.

Guess I had to leave to...

well, you know... to figure
out how much I like this place.

Colonel.

Commander.

Brumby, have a seat.

I'd love to, but I can't stay.

Uh, I had an interesting
chat with Commander Burke.

You know he's willing
to drop the charges?

Yeah, we're not interested.

Well, why in the
bloody hell not?

We don't like the conditions.

Well, is that your
client's position or yours?

My client's position
is my position.

Okay.

I'll see you in court, mate.

Colonel.

It's under control.

Yeah.

I've been calling you.

I know.

Come in.

How long have you been back?

Since I've been calling you.

You don't return phone calls?

I'm here now.

I was just going
to make some tea.

Oh, no, thanks.

I can't stay long.

Jordan, I know
that it ended badly,

but we had a great thing going.

We did.

Okay, dealing with my obsessions

couldn't have
been easy, I realize.

I deal with
obsessions every day.

It's my job, remember?

And being with me isn't
supposed to be like work, right?

I didn't mind that.

What I did mind
was being shut out.

All the time you were
thinking of going back to flying

and you never told me.

Is that so hard to forgive?

It's not a matter of forgiving.

You can't help who you are

and I don't want to change you.

Well, maybe a little.

Then where's the problem?

I've got orders to Spain.

That's what I came to tell you.

You could have told
me that over the phone.

I don't want you on the
rebound from an F-14.

That's not fair to
either of us, Jordan.

Maybe when I get
back from Spain.

Don't leave.

Commander Rabb.

I'm still looking

but I've got some skinny
on Commander Burke.

What'd you find?

There's no complaints
on record about him, sir,

but the man's a
hardass, all right.

Each cruise, he
picks a junior officer

as a special project
and makes their life hell.

Any particular
qualifications for this honor?

No, none, sir.

Minorities and
women are not exempt.

An equal opportunity
hardass, huh?

That's right, sir.

He finds fault with
them, humiliates them

and then right as they're
reaching their breaking point,

he cuts them some slack.

Except Lieutenant Nelson
was the lucky one this time.

There was a betting pool
going on in the chiefs' mess

about when the
lieutenant would crack.

Not if, sir, when.

Thanks, gunny.

Aye, sir.

The admiral said
to go straight in, sir.

Not until you hear from me.

Well, that was the
chief of information.

We're getting
requests from the media

to attend Lieutenant
Nelson's court-martial.

That's not surprising

considering the
defendant's lineage.

This is rapidly
approaching a spectacle.

I don't like spectacles.

If I may, Admiral,

we can dispose
of this case easily

if Commander Rabb
will persuade his client

to budge off his
foolish position.

Well, as usual, sir,
Commander Brumby

has hit the nail
squarely on his thumb.

My client will not apologize
for acting honorably.

Disobeying a direct order
in front of six witnesses...

You call that honorable?

If the order is unlawful...

The captain is
entitled to discipline...

Even at sea, a captain...

Admiral, I don't see
a settlement here.

I see a battle of wills

between two pig-headed sailors.

Referring of course

to Lieutenant Nelson
and Commander Burke.

Well, there is one
thing we agree on, sir.

What is that, Commander?

There will be a trial.

What happened
then, Lieutenant Gold?

Seaman Rivera made an
error dialing in a speed change.

Lieutenant Nelson corrected him.

Rivera then missed
a course correction.

I'm sorry, you're saying,

Seaman Rivera made
two errors back to back?

Correct?

Yes, sir. Then a swell caught us

and carried us toward the oiler.

Was there a
danger of a collision?

Oh, there was. Yes, sir.

Commander Burke ordered
an emergency breakaway.

In the process, a
fuel line disconnected

and hit a sailor in the face.

He suffered a dislocated jaw

and a broken nose.

So did the helmsman's

two errors contribute
to the mishap?

Objection. Calls for an opinion.

Your Honor, as officer
of the deck and navigator

the witness is highly qualified

to offer opinions on seamanship.

Objection overruled.

You may answer the
question, Lieutenant.

I think they could have
contributed, yes, sir.

Then was a captain's
mast warranted?

Yes, sir. I suppose it was.

Thank you.

Your witness.

You say that the captain's
mast was warranted,

but was it conducted properly?

I can't say.

You were there, weren't you?

Yes, but I had the conn.

I was focused on
steering the ship.

I see.

Is Lieutenant Nelson a
competent ship-handler?

I'd say so, yes.

Capable of coping

with the types of errors
made by Seaman Rivera?

He was coping with them.

So he could have
prevented a collision

had Commander
Burke not intervened.

In my opinion, he
probably could have, yes.

Then Commander
Burke's intervention

was premature, was it not?

The hasty reaction of a fretful

and impulsive man.

I object, Your Honor.

Sidebar.

We'll lay the ground
rules right here, gentlemen.

I will not permit innuendo
or unfounded allegations

against commanding
officers in my court.

Sir, our entire
defense is predicated

on the unlawfulness
of the order.

Then pursue the
order, Commander,

not the man.

Is that clear?

Lieutenant?

Yes, sir.

Very clear, sir.

Perfectly clear, Your Honor.

Very well. Step back.

Objection sustained.

Move on, Bud.

But, sir, if I can show
Burke acted impetuously...

Lieutenant, move on.

Petty Officer Botts, as
Boatswain's Mate of the Watch,

you're in a position to observe
bridge activity, are you not?

Usually. Yes, sir.

Were you able to observe

the so-called captain's
mast on the night of...

I object, sir.

Sustained.

Rephrase, Lieutenant.

Yes, sir.

Were you in a
position to observe

any non-judicial
punishment on the bridge

the night of the incident?

Not real closely, sir.

I had the helm and
that took all my attention.

I see. Petty Officer Botts,

Have you ever witnessed

any deficiency in
Lieutenant Nelson's

performance of his duties?

No.

Sir, I have not. Uh...
Lieutenant Nelson's

a fine officer.

I'd be proud to serve
under him anytime.

Thank you.

No further questions.

You understand Lieutenant Nelson

is not on trial for
deficient performance

but for disobeying
an order, correct?

Yes, sir, I understand that.

Good.

By the way, who's responsible

for training and
supervising Seaman Rivera?

The deck division officer

supervises the helmsman, sir.

And who has that billet
aboard the USS Ellyson?

Lieutenant Nelson, sir.

Thank you.

When you go before
the committee Friday,

look out for
Congresswoman Latham.

Mr. Secretary, I always look out

for Congresswoman Latham.

If there's nothing else, sir?

Uh, just one more thing, A.J...

Unofficially...

how does it look?

Bottom line?

Yeah.

It's your son's word
against Commander Burke.

Members will side with Burke.

Well, I would.

Have you, uh, have
you talked to Brian?

No, the White House wants
me to keep my distance

to avoid "the appearance
of impropriety."

The hell with the White
House, Mr. Secretary.

This is your son.

Talk to Brian, ask
him to apologize.

Actually, Brian and
I don't talk much.

We haven't for some time.

Well, my, uh... my daughter

was angry at me for
years after I left her mother.

I demanded excellence
in everything Brian did.

I even took him off
the baseball team

because he...

failed to get straight A's.

I pushed so hard,
eventually I pushed him away.

So far away he won't come back?

Well, sir...

Nobody holds a grudge
like our own children.

He's a good boy, A.J.

He was arrogant, fractious

and unable to handle
constructive criticism.

Did you counsel him, Commander?

Absolutely. I take
a personal interest

in all my officers, and
I set about correcting

what I considered to be a
serious leadership problem.

How so, sir?

By not letting him get
away with anything.

I was determined
to tear down his shell

of conceit and turn
him into a leader.

Take the night of the incident.

When performing
intricate maneuvers,

a rhythm develops

between conn and helm
that requires intense focus.

Seaman Rivera
had lost his focus.

I set about imposing punishment.

But you ordered Lieutenant
Nelson to lock him up.

Correct.

Why not wait for
the master-at-arms?

I was teaching Lieutenant Nelson

he was responsible
for disciplining his men.

And what did
Lieutenant Nelson do

when you issued that order, sir?

He refused to obey it.

Thank you.

Your witness.

Commander Burke, I have

Lieutenant Nelson's
fitness reports

from his two previous commands.

Defense exhibit "A," sir.

These fitreps show
Lieutenant Nelson

to be an exemplary
officer in every regard.

Can you explain, sir, his high
marks with two previous C.O.s

and yet his dismal
failure with you?

I can't speak for other C.O.s.

I can only speak for myself.

Well, then, sir,
speaking for yourself,

can you tell us why you decided
to discipline Seaman Rivera

without due process?

There was due process.

I held a captain's mast.

Did you inform him
of his rights, sir?

Which particular rights
were you referring to?

The rights to be informed of
his offenses, to remain silent,

to examine evidence,

to have a spokesperson
present, to produce witnesses,

to submit written reports...

We get your point, Commander.

Let him answer.

Seaman Rivera
knew of his offense

because he had
just committed it.

I offered him a chance to speak

and he chose to remain silent.

Witnesses? All
present, including myself,

and as for a spokesperson,

who better than
Lieutenant Nelson?

I violated no one's rights.

You know, he made
me look like a, a...

an ill-mannered schoolboy.

I thought you were
a good lawyer, sir.

I'm... I thought you
fought for your clients.

I am fighting for
you, Lieutenant.

By debating legal
technicalities?

Why didn't you go
after him, Commander?

Lieutenant...

Are you afraid of him, sir?

Is that it?

Now you are acting like
an ill-mannered schoolboy.

Hello, Commander.

Sir.

Uh... hello, Brian.

Uh... it was my
idea to come here.

We'll leave you two alone.

No.

Please... stay.

I thought we could
discuss your situation.

Maybe find an amicable solution.

Meaning I messed up
and I should apologize.

I didn't say that.

What, then? You wouldn't
be here without a reason.

Are you getting some
heat from above?

Just once in your life, Brian,

can you assume I have
your best interest at heart?

Well, short of getting
me a presidential pardon,

I don't see what you
can do for me, sir.

Well, I can tell you I'm
proud of you for taking a stand

and doing what
you believe is right.

But there is a fine line

between integrity
and intransigence.

You do want me to apologize?

Yes. Not for me, for you.

Commander Burke has suspended

the helmsman's punishment.

You've achieved your objective.

There's no reason

to continue this.

You know, for one second,

I believed that you really
came here to support me.

Lieutenant, he's reaching out.

The least you
could do is listen.

When I lived under
his roof, I had to listen.

I don't have to now.

Will that be all, Commander?

Excuse me.

Commander.

The information you requested.

It's pretty interesting, sir.

Thanks, gunny.

The old Harm would have
gone for Burke's jugular.

Not you, too.

It was tense on the bridge,

Commander Burke.

Things moved quickly.

Maybe you acted hastily.

Come on, Harm,
you know how to do it.

Oh, the media would love that.

"Ship's Captain Rattled
During Emergency.

Blames Junior Officer."

You're supposed

to be worrying about
your client's image,

not Commander Burke's.

Look, if we're going to
make the law our lives,

we have two choices...
Respect it or manipulate it.

Your client still
takes priority.

If you can't see that,
I can recommend Bud

take over the case.

Well, that won't be
necessary, Colonel,

but just so we're clear,

I will not destroy one good
man to save another man.

Not while there
are alternatives.

And when the alternatives
run out, Commander?

Lieutenant Nelson,
did you disobey

Commander Burke's order

to escort Seaman
Rivera to the lockup?

Yes, sir. With great regret.

Why?

Well, I felt the order

was unlawful.

Seaman Rivera was
denied due process.

Commander Burke held a
captain's mast, didn't he?

It was not a fair hearing, sir.

Why not?

Seaman Rivera
wasn't allowed time

to prepare a defense.

Commander Burke
just declared him

negligent and sentenced
him on the spot.

It was the law
according to Burke.

But aboard ship, Lieutenant,

the captain's
word is law, isn't it?

Yes, sir.

But there must
be accountability.

He punished a sailor
for an honest error

to teach me a lesson.

That was wrong.

Do you have any legal
training, Lieutenant?

Yes, sir.

I took a class at the
Naval Academy... NL-400.

NL-400.

And how much of that course

dealt with non-judicial
punishment?

I believe one lecture, sir.

One whole lecture.

Well, I can certainly see why
you consider yourself an expert.

I was raised to know the difference
between right and wrong, sir.

I'm sorry we all
didn't have the benefit

of your special
upbringing, Lieutenant.

Objection.

Withdrawn.

Commander Burke
circumvented proper procedure, sir.

Did he?

And did you follow
proper procedure

on Commander Burke's ruling?

For example, did you send

an appeal to the commodore
through the proper

chain of command?

No, sir. There wasn't time.

So circumventing proper
procedure is okay as long you're

the one doing it, isn't
that correct, Lieutenant?

Your Honor, the counsel
is badgering the witness.

I'm through with the
witness, Your Honor.

Redirect?

No, sir.

We will adjourn
until 0900 tomorrow.

Mr. Secretary.

You were expecting someone?

Uh, no, sir.

Please come in.

Have a seat, sir.

I won't stay long.

I have some
information for you, uh...

how you use it is your business.

Yes, sir?

Shortly after Brian was
assigned to the Ellyson,

I ran into Commander
Burke at the Pentagon.

I mentioned my son
would be serving under him.

I asked him not to
show any favoritism.

I think my exact words were:
"See what he's made of."

You meant that as an order, sir?

Not intentionally.

But if you can show
that Burke took it as such,

the members can rule
that his order was unlawful,

yet it takes Burke off the hook.

Puts you on it, sir.

Would you be willing to testify?

Yes.

You could be accused
of impropriety, sir.

As I said, use the
information as you see fit.

Good night, Commander.

Good night, sir.

Commander Rabb, do you
wish to call any more witnesses?

Yes, sir.

The defense recalls
Commander Burke.

Commander Burke!

Commander Burke, I remind you...

you are still under oath.

Yes, sir.

This won't take long, sir.

We know you have
a ship to command.

Take all the time you
need, Commander.

Well, thank you, sir.

Have you ever
conducted a captain's mast

aboard the bridge before, sir?

No.

But I'd hold a captain's
mast in the head

if I felt the situation
warranted it.

Because it's your
ship, isn't it, sir?

That's right, Commander.

It's my ship.

Now, sir, during your
deployment to the Adriatic

in the fall of '97, you
placed three sailors

on bread and water confinement

for beating up a fellow
shipmate, correct?

Uh... that's right.

Um... it was a hazing incident.

The victim refused to
identify his assailants.

But you told the assailants

that the victim
had identified them.

Correct.

You see, what I was trying...

You lied. I object, sir.

Approach.

I warned you,

I would not tolerate
character assassination.

That was not my intention, sir.

You accused
Commander Burke of lying.

Sir, under RCN-608,

the character of a
witness may be attacked

if probative of untruthfulness.

Your Honor, this is
a desperate attempt

to discredit a good officer.

My intention, sir, is to
show Commander Burke

had a hidden motive issuing
his order to Lieutenant Nelson.

By referring to an unrelated
incident from two years ago.

Where's the relevance?

It goes to pattern of behavior.

Sir, my client is entitled
to a thorough defense

and I respectfully suggest

the purpose of this
court-martial is to seek justice,

not protect Commander Burke.

I know the purpose
of this court-martial.

And if you ever speak
to me that way again...

I'll throw you out of my court.

Understood?

Yes, sir.

Objection sustained.

Commander Burke, why did you

suspend Seaman
Rivera's sentence?

Because he came to me
afterward and apologized...

like a man.

Well, could it be, sir,

that you regretted a
decision you had made

in the heat of the moment?

A heat of the moment is when
a leader often makes decisions.

As an aviator, you should
know that, Commander.

It is also when he
most requires loyalty.

If I can't rely on my officers

at all times, I don't
want them around.

Now, sir, you also
offered to withdraw charges

and reinstate lieutenant
nelson to full duty

if he apologized,
isn't that correct?

I'm not a vindictive man.

So then, his alleged

offenses could not have
been that serious to you, sir,

if a simple apology
would've cleared them.

It was very serious.

But if he expresses

true remorse and persuades me

that he's learned

from his mistake,
yes, I would clear him.

But I'm afraid Lieutenant
Nelson is too arrogant for that.

Regimental commander
his senior year at Annapolis.

Outstanding fitreps.
Good ship-handler.

Popular with the crew.

Why is it, sir,

Lieutenant Nelson is
liked by everybody but you?

A leader doesn't
need to be liked.

A leader needs to be
respected and obeyed.

The men didn't obey
Lieutenant Nelson, sir?

Sure they did.

Because he coddled them.

That only works to a point.

I teach my officers

discipline is the
soul of the Navy.

So that's why you
ordered Lieutenant Nelson

to lock up Seaman Rivera...
To teach him discipline.

Yes, as I said.

Except your plan backfired
this time, didn't it, sir?

Nothing backfired.

Lieutenant Nelson
disobeyed your orders, sir.

You couldn't have foreseen that.

Sure I did.

It's his character flaw.

He's too damn
concerned with being liked.

Come on, Commander,

you knew Lieutenant Nelson

would refuse to lock
up Seaman Rivera.

Knowing Lieutenant Nelson,

I figured there was
a good chance of it.

And you issued
the order, anyway?

Of course.

So you manipulated him
into disobeying an order.

Wh-what? No!

When I issue an order,

I expect it to be carried out.

You just said that you didn't.

You... twisted my words.

Your words are crystal
clear, Commander.

You intentionally
provoked Lieutenant Nelson

into disobeying your order

for the sole purpose
of punishing him later.

That makes your order
unlawful, doesn't it, sir?

Lieutenant Nelson,

would you and your
counsel please rise?

Captain Packard...

would you announce
the finding, please?

Lieutenant Nelson, this
court-martial finds you guilty

of the charge and specification.

This court-martial is adjourned.

First sentencing
will start tomorrow...

No comment.

We'll fight confinement.

I can kiss my career good-bye.

Nice job, Commander Rabb.

You almost had
me rattled in there.

Well, I hope you
know, Commander,

it was nothing personal.

You know, sir, you can still get
this guilty verdict disapproved.

That's up to him.

Do you have something
to say to me, son?

Yes, sir.

I-I would...

I would've made a good officer.

So he wins.

No, Lieutenant.

You lose.