JAG (1995–2005): Season 6, Episode 11 - Baby, It's Cold Outside - full transcript
RAdm. Chegwidden serves as the senior member of the annual selection board for promotion to the rank of captain, and the SecNav brings much pressure to bear on him in favor of Cdr. Ted Lindsey, who now serves on the staff of the SecNav, and who appeared in seasons 1 and 4. The SecNav expresses displeasure with the admiral and threatens bad consequences for him. Tiner achieves much success on behalf of Gunny but gets an unpleasant surprise of his own. In a state court Harm represents a former Marine staff sergeant and drill instructor who faces the strong likelihood of a life sentence because of a three-strike law.
(coin clattering on
pavement, men chattering)
We can be there
in about 45 minutes.
(coin clattering,
chattering continues)
Hey, thanks.
(indistinct conversation)
Hey!
You want to take
that somewhere else?
MAN: Come on.
All I wanted to do was
play one more video game.
You know the rules.
BOY: I didn't hear you call me!
MAN: Don't talk back!
I wasn't!
You just did it again.
Don't contradict me, boy!
I'm sorry, Daddy. I'll be good!
I know how to make that happen.
Hey, hey, you don't
have to hit that boy.
Keep out of my business.
Look, he's only a child.
He's my boy, and
I'll do what I want.
Daddy, what's happening?
Hey, just shut up! (slap lands)
(crying)
(grunting)
Why did you hurt him?
I'm sorry.
Kid, I'm sorry.
TINER: You got booted?
GALINDEZ: Yeah.
On Lee Highway in Falls Church.
I was going to All-American Guns
to pick up a box of
hollow-point cartridges.
When I got back to my car,
parking enforcement
was driving away.
It's going to take me $416
to have that thing taken off.
That's a lot of money
for parking illegally.
I had a lot of unpaid tickets.
Was the street clearly posted?
I don't know, I didn't notice.
Let's say it wasn't.
We can argue it in court.
We?
I'm in my second
semester of pre-law.
Hey, Tiner, I don't have time
for you to accidentally
learn something.
I need the use of
my automobile now.
CHEGWIDDEN: I know where
you can rent a Geo cheap.
Morning, sir. Morning, sir.
Admiral, you have an urgent
message from SECNAV.
Well, aren't they always?
Gunny, tell Rabb, MacKenzie
and Roberts I need to see them.
Aye, sir.
And you and
Lieutenant Sims join us.
Yes, sir.
SECNAV wants to see you
in his office at 14:00, Admiral.
I've cleared your schedule
and made arrangements
for a car and driver.
Tiner, I don't need
anybody to drive me.
I drive myself.
Yes, sir, I just thought...
Sometimes after your
meetings with the secretary
you get really...
Tiner...
A-and as a precaution...
Are you afraid I
might lose my way
coming home from the Pentagon?
No, sir.
Kidnapped by terrorists?
That'd be highly unlikely, sir.
Are you afraid after my
meeting with SECNAV
I might subject myself
to a fit of road rage?
If that were to
be the case, sir,
I'm sure you'd
have every reason.
Tiner, get out of my office.
Aye, sir.
Colonel...
I'm going to be away for a week.
I'm appointing you acting JAG
while I'm gone, starting now.
Aye, aye, sir.
The commander has had the duty.
I believe he found it
somewhat stimulating.
Absolutely, sir.
Lieutenant Sims, you
and Gunny will provide
the colonel with any staff
assistance she needs.
You're dismissed.
Aye, sir. Aye, sir.
Colonel, prepare
yourself to update
JAG instruction 3590.1 Alpha.
Yes, sir.
Roberts, you'll
assist the colonel
in reviewing Administrative
Laws Revisions
Naval Legal Service
Command Operating Instructions.
I'll, uh, hop right
on that one, sir.
If there's a problem,
where will you be, sir?
TDY Bureau of Personnel
for this year's JAG
Captain Selection Board.
If you run into any problems,
I'll be right down the
old Shirley Highway.
Any way that I
can be of help, sir?
I'm sure the colonel will
find something for you to do.
In the meantime, try
to stay out of trouble.
Well, I'll do my best, Admiral.
That's what I'm afraid of.
(distant thunder rumbling)
SIMS: That was
25 years ago, sir.
Those records are
in storage at Suitland.
So my assistants were told.
However, I need them as
soon as possible, Lieutenant.
Sir, there is paperwork
that has to be filled out...
Please, no runaround.
Tell me who to talk to
to make this happen.
Uh, you can talk to me.
Thank you, Colonel. Sir.
I'm Lieutenant Colonel
Sarah MacKenzie.
State's Attorney Alton Foreland.
Prince George's
County, Maryland.
I'm looking for the 1975
court-martial records
for a Staff Sergeant
Daniel Craig, USMC.
May I ask why, sir?
Mr. Craig's just been convicted
of a felony assault.
His sentencing hearing's
scheduled in ten days.
Well, since the assault
is a civilian matter,
Mr. Foreland,
why do you need
his military records?
Well, in 1975,
then-Staff Sergeant Craig
was responsible for the deaths
of two marine recruits
at Parris Island.
His previous conviction will
be a factor in his sentencing.
I'll see that you
get his records, sir.
Thank you, Colonel.
I appreciate that.
Sure.
Ma'am, can I talk
to you off the record
about the staff sergeant?
Harm, you might
want to hear this.
Go ahead, Gunny.
When I was going through
basic training at Parris Island,
people were still talking
about what he did.
You're getting way
ahead of me, Gunny.
Well, during a
training exercise,
two recruits under his
command died... hypothermia...
After they'd been in
the water for six hours.
Staff Sergeant Craig
was held responsible
but he was only doing
what drill instructors
had always done
and a lot of marines
thought he took the rap
for what was wrong
with the system at the time.
What kind of a man
was the staff sergeant?
Well, sir, I never met him,
but by reputation, he
was one hard-ass DI.
He'd abuse the recruits.
He broke a guy's jaw.
One time he yelled so loud,
he busted a guy's eardrum.
So far you're not making
much of a case for him, Gunny.
Well, ma'am, the recruits
that trained under him
became damned good marines.
Yeah, the ones
that lived, I guess.
They respected him, sir.
And those were the same guys
who trained me and
a lot of guys after me.
He gave us pride, discipline.
The only thing
Staff Sergeant Craig
cared about was
the Marine Corps.
And I heard after he got
relieved and discharged,
his life went to hell
in a handbasket.
Thank you, Gunny.
Yes, ma'am.
Sir.
Well...
looks like I have a job for you.
I don't want a State's Attorney
using a marine as a punching
bag if he doesn't deserve it.
Agreed.
Really?
Good call.
Why are you being nice to me?
I'm always nice to you.
Admiral? Good to see you, sir.
Commander Lindsey?
I know you're here to
meet with the secretary,
but I would appreciate
a couple minutes
of your time, Admiral.
Walk with me.
I'd like your input on
Congresswoman Latham.
Oh, glad she was reelected.
Not me.
She's not easily
handled, Admiral.
Really?
She doesn't listen well.
Commander, maybe
you're not saying
what she wants to hear.
As the secretary's
congressional liaison, sir...
Whoa, Commander...
(chuckles)
The congresswoman
likes straight talk.
Nice ploy, sir.
One more thing, Admiral.
It's about JAG, sir?
I... I really miss it.
Right about now, so do I.
I enjoyed working
with Admiral Brovo,
and I think I could
be useful to you, sir.
Commander, I got all the help
I can handle right now.
You just offered a job
to Commander Pike, sir.
I mean, that's what I heard
through the grapevine.
She turned it down.
Admiral, does your attitude
have anything to do
with my prosecution
of Colonel MacKenzie?
Commander, you did
an excellent job with that.
You damn near ended her career.
CRAIG: I was responsible
for what happened to
the men in my platoon.
(distant thunder rumbling)
That's why I pled guilty.
Do you feel you received
adequate representation?
The JAG that was
representing me,
you know, he laid
out my options.
I took the government offer.
Why did you fall on your sword?
Well, who else was going
to take the blame, sir?
Well, did other drill
instructors issue these orders?
Yes, sir.
They all did,
but I executed the order.
My recruits died because
I pushed them too hard.
Tell me about what
happened in the parking lot.
I hated to see that boy beaten.
A man raises his
hand against a child,
it breaks his spirit.
You regret what you did?
Yes, sir.
When I saw the look
on that little boy's face...
Who represented you
at your civilian trial?
A court-appointed attorney.
He... he did the best he could,
but I... I didn't give
him much to work with.
Well, that seems to be a
pattern with you, Mr. Craig.
A man's got to admit
when he's wrong.
Look, I am not
where I want to be,
and I'm not where
I should have been,
but I've been worse.
Mr. Craig, I'd like
the opportunity
to represent you at
your sentencing hearing.
I'll be in touch.
Thank you for
coming all this way
in the rain, Admiral.
Glad to, Mr. Secretary.
A.J., we've had our
differences in the past.
Nothing major.
Oh, nonsense.
I sprung that
televised trial on you.
I shanghaied Colonel MacKenzie
to handle the
Admiral Boone matter.
Well, sir, it's all
part of the job.
We enjoy the challenge
of working with you.
(laughs): Good.
Well, I'm glad to know
we're on solid ground.
Anything else, sir?
Just wanted to clear the air.
Oh, I understand that you are
president of the
captain selection board.
Ah... yes, sir.
Well, who's handling
JAG in your absence?
Colonel MacKenzie.
That's one thing we
share in common, A.J.
We put trust in people
we think are good.
Yes, sir.
People such as
Commander Lindsey.
He's a good man.
Like Colonel MacKenzie,
he's going to go a long way.
Well, sir, with your
backing, I'm sure he will.
Well, he's long
overdue for a promotion.
There's nothing
more that I'd like to see
than him get his eagles.
Like you, A.J., I want
the people around me
rewarded for their hard
work and dedication.
You know, I
wouldn't be surprised
if he had your job some day.
FORELAND: Thank you
for coming, Commander.
I didn't expect an
officer to deliver
the court-martial
records personally.
Please, have a seat.
We're still looking for
them, Mr. Foreland.
It'll be a day or two.
So, you came here in person
to not deliver the
court-martial records?
I'll be representing Mr. Craig
at his sentencing hearing.
Why?
Because I think he
deserves a break.
Then you and I
are going to tangle, Commander.
Mr. Craig has a pattern
of reckless behavior
and violent assault.
His most recent
offense is his third strike.
Did he fail to inform
you that four years ago
he beat a neighbor
during a dispute
over the placement
of a trash receptacle?
That was his second strike.
His court-martial
is his first strike.
One...
two...
three.
I'm going to use
that last conviction
to put him in prison
for the rest of his life.
CHEGWIDDEN: The selection
of qualified men and women
determines the
future of the navy
so that makes
this, in many ways,
some of the most important
work any of us will ever do.
In your deliberations,
keep in mind
the precept given to us
by the secretary of the navy:
"The needs of the
service this year
"require special
emphasis on officers
with administrative
and computer skills."
However...
our job is to promote
the best qualified officers,
so I suggest that you vote
with your hearts
and convictions.
Now, as you know,
if you push zero
your vote effectively
means "do not select."
If anyone votes "do not select,"
I'm going to ask the
member his or her reasons
and I expect you to have
the integrity to speak up.
Understood? ALL: Yes, sir.
CHEGWIDDEN: All
right, let's get to work.
Here it is.
You can contest the charge
through an
administrative hearing
on the grounds that relevant
signs restricting parking
were missing or obscured.
How do we prove that?
I'm working on it.
Well, work harder, Tiner.
I hate driving that Geo.
MacKENZIE: Now we get to...
the establishment
of a strategic vision.
Hmm.
Well, my personal
strategic vision
is to get through the day
without bumping into anything.
You seem to be back
to your old self, Bud.
Pretty, much, ma'am.
Do you mind if I ask
you something personal?
Not at all, ma'am.
How are you and Harriet doing?
We have more good days than bad.
And, uh... and
every now and again
we actually find
ourselves happy.
Two things got us
through this, ma'am.
Baby A.J.
and our friends here at JAG.
In some ways, I've never
felt so fortunate in my life.
Even when you're amending
JAG instruction
Three-Five-Nine-Zero
Point-One-Alpha?
You look good behind that desk.
Oh, you want to trade places?
Mm-mmm.
Tell me something
what does one get awarded
a plaque for, anyway?
Mostly for good behavior
so it's nothing you'll
ever have to worry about.
Aha.
Have you sent State's Attorney
Foreland his court-martial records?
I told him he was
going to have to wait.
I'm going to represent
former Staff Sergeant Craig
at his sentence hearing.
What do you think
you can do for him?
Keep him out of
prison the rest of his life.
He has two felony convictions.
State's attorneys plan to
use his 1975 court-martial
as the first of three strikes.
What's your plan?
Well, it's to late to appeal
the court-martial
sentence, but...
You can file a
petition with the Board
for the Correction
of Naval Records.
ROBERTS: And if the
conviction is expunged
from the staff sergeant's record
before it goes to
the state attorney,
there's no felony
hence no third strike?
I have Gunny looking for marines
who testified at
the court-martial.
If the admiral asks me
why I approved
reopening the investigation,
what do I tell him?
Tell him that I think that
Mr. Craig is a good man
with bad judgment.
He'll understand that.
He doesn't deserve to
spend the next 30 to 40 years
in a four-by-eight cell
because some state's
attorney has a beef with him.
MAN: 1995 to 1997...
Commander Grace was Staff
Judge Advocate, Sixth Fleet.
Following that, he
had a successful tour
as executive officer at
Naval Legal Services Office,
San Diego.
Most recently, he was force
judge advocate, COMSUBPAC.
He got outstanding
fit-reps everywhere he went.
He has seven end of tour awards.
Now, I'm no lawyer
like the rest of you,
but that sounds
pretty good to me.
Thank you, Captain Ingles.
All right, people, let's vote.
Looks like Commander
Grace makes the cut.
I believe I have
the next candidate.
Records, please pull
up Commander Lindsey.
Commander Lindsey is presently
on the secretary of
the navy's personal staff
as his special assistant
for congressional liaison.
The secretary has given
the commander high marks.
As you can see under "Remarks,"
the SECNAV has written:
"This officer has my
strongest personal support.
You must select
him for promotion."
Prior to his assignment
to the secretary's staff,
he was flag secretary
at CINCUSNAVEUR.
Before that, he was
Admiral Brovo's aide
when he was the JAG.
During that time,
he was reassigned.
Questions or remarks?
I have a question, sir.
This guy seen any action?
He's a lawyer, Captain,
not a line officer.
Well, that's not what
I meant, Admiral.
Uh, it seems to me he's
mostly shuffled papers.
Has he ever stood
up in a courtroom, sir?
Once or twice.
Has he ever been
in charge of anyone?
Uh, ever served with the fleet?
Been at the pointy
end of the spear?
That has not been
his career path to date.
But he's performed
valuable services
wherever he went.
End of tour awards?
Two.
The commander I just
briefed had seven, sir.
Yes, he did.
Do you know Commander
Lindsey, Admiral?
Yes, I do.
What do you think, sir?
He has his uses.
Anyone else?
All right, let's vote.
That puts Commander Lindsey
toward the bottom of the pile.
Captain Hall, I believe you
have the next candidate?
HALL: Yes, sir.
RABB: You have a pattern
of violent assault, Mr. Craig.
This is something you
failed to inform me of
at our first meeting.
I apologize for
the omission, sir.
State's attorney tells
me that four years ago
you assaulted your neighbor over
the placement of a garbage can.
Care to explain what happened?
I was drinking.
Hey, a lot of people
drink, Mr. Craig.
They don't commit felonies.
Were there any
mitigating factors?
Were you provoked?
The guy put his trash can on...
on my side of the driveway.
That's it?
Seemed like a
problem at the time.
(sighs)
You know you have three
felony counts against you.
If the state's attorney
wants to put you away for life,
he can do it.
You gotta to give me
something I can work with.
An explanation... uh,
a sign of contrition.
The Marine Corps
has outreach programs.
If you're willing
to make an effort
at turning your life around.
Sir, I'll take whatever
help I can get.
RABB: Time served...
five years probation.
FORELAND: Why
would I make that deal?
Look, Dan Craig deeply
regrets what he did.
I can get him into a
program for anger counseling.
I can help find him employment.
I think he's a man worth
saving, Mr. Foreland.
Protecting one of your own.
I'm in the navy.
He was a marine.
It's all the same.
Well, I wouldn't
tell that to a marine.
Look, Mr. Foreland...
there's a few things I think you
should know about Mr. Craig.
He grew up poor,
without a father.
These are things that I feel
should be taken
into consideration.
I grew up poor, Commander.
I grew up without a father.
But I didn't use
that as an excuse
for screwing up in life.
I'm not trying to excuse
his behavior, Mr. Foreland.
Oh, yes, Commander,
that's exactly
what you're doing.
I'm sure it hasn't
escaped your notice
that Mr. Craig is a
black man, as am I,
so you're asking me to bend over
backwards to give him a break...
One black man helping
another black man.
Well, that's not the way I
think, Commander Rabb.
I believe, above all,
in the rule of the law
and I get angry when people
put ethnicity ahead of that rule
and when members of my
community are treated too leniently
because of their
color or circumstance.
There are those
who would disagree
with you, Mr. Foreland.
There is, for example, the
disproportionate number
of African-Americans
on death row.
Yes, there's also a
disproportionate number
of African-Americans preying on
members of their own community.
I say what I think,
Commander Rabb.
I'm not a popular man.
Well, popular enough
to think about running
for state attorney general
as a law- and-order candidate,
if the newspapers
are to be believed.
I believe what I
believe out of principle.
I believe that not
enough has been asked
of some of the men and
women of my community,
and I think that's a disgrace.
I will not tolerate
crime on my streets.
I will not have one black man
attacking another
black man for no reason.
I will not have old
people and children
hiding in their houses,
afraid to come out.
And I will not cut a
three-time felon a deal.
Regardless of
the color of his skin
or whether or not his daddy
was nice to him in 1959.
You have given me no
reason to change my mind.
Sorry to keep you waiting, A.J.
Not a problem, Mr. Secretary.
I took a chance of
coming over here
without an appointment.
You're welcome
to drop in anytime.
I thought it best if I call
out informally with you
as the president of the board.
This is our list of
captain selectees.
These are all the names?
The 11 best qualified
candidates, sir.
I told you I wanted to
see men and women
with computer and
administrative skills.
And we certainly took
that in consideration
among other factors.
You're not done.
I'm not signing this.
I want you to reconvene
the selection board.
I want you to reexamine
each and every candidate.
All of them, Mr. Secretary?
Use your discretion.
What's next?
Final endorsements
on line-of-duty investigations
of sailors who crash
on motorcycles...
30 in all.
That's a lot of
careless sailors.
Petition to the
corrections board
needs your signature.
I'll read it right away.
I've requested an
emergency hearing.
After that, I'm going to deliver
Staff Sergeant Craig's
court-martial records
to the state's attorney's office.
You left an "S" off "redress."
You ought to put in
for hazardous duty pay.
MacKENZIE: I heard that.
Is there any way to
introduce new testimony
in mitigation or extenuation?
Gunny.
I've located two marines who were
there the night of the incident, ma'am.
Major General Richard Plesac
was battalion commander.
Who was exonerated of any guilt.
Correct, ma'am... he's a
highly respected officer...
And Joseph Osborne, one
of the recruits who survived...
He received an
administrative discharge
after the incident.
Excuse me, ma'am,
Commander Lindsey's
here to see you.
Send him in.
TINER: Come in, Commander.
(exhales)
Good morning.
GUNNY & ROBERTS:
Good morning, sir.
Commander, what brings you here?
I wanted a word
with you, Colonel.
Lieutenant, let me
buy you a cup of coffee.
Gunny?
Yes, sir.
(sighs)
You look good behind that desk.
People keep telling me that.
Um, what can I do for you?
I wanted to apologize
if I was unduly hard on
you during your court-martial.
Well, no permanent damage.
I was acquitted.
I have no objections
to your telling the admiral
of this conversation.
It might clear up matters.
I'll be sure to tell him
when he gets back.
Sooner might be good.
Today, even.
Why would I do that?
Basic human kindness.
You do believe in
second chances?
When merited.
CHEGWIDDEN: The
SECNAV has directed
that we reconvene and consider
the candidates a second time
placing appropriate attention
on the special skills
cited in his guidance.
This have anything to do
with his personal JAG, sir?
What did he say,
"You must select
him for promotion"?
Commander Lindsey's name
never came up in conversation.
Put up Commander
Lindsey's records, please.
Ask your questions,
Captain Ingles.
Have you ever seen
Commander Lindsey in court, sir?
Once he prosecuted
one of my staff JAGs.
Win or lose?
Lose.
What kind of a
job did he do, sir?
Not good enough, fortunately.
You said he worked
for Admiral Brovo, sir.
Would you consider
bringing him onto your staff?
No.
Why, sir?
Commander Lindsey
goes outside the limits.
With all due respect, sir,
I've had dealings with
members of your staff, Admiral.
You give your lawyers
a lot of, um... latitude.
That's because I trust the
people that work for me.
And by extension, sir,
you do not trust
Commander Lindsey?
No, I do not.
Thank you, Admiral.
Let's vote.
Thank you.
Private Osborne?
Not for a long time.
It's Joe.
Commander Rabb.
JAG, right?
Yes, sir.
Whatever it is,
Commander, I didn't do it.
Well, I'd like to talk to you
about Staff Sergeant
Daniel Craig, Mr. Osborne.
What's that bastard done now?
You remember him?
Hard to forget that
he killed two men.
Well, Joe, that's a
matter of dispute.
There's going to be a hearing
before the corrections board.
I know you were there
and that you
testified at the trial.
I'd be interested, if
you have the time,
in what you remember.
He hated every damn
last man in that
platoon, Commander.
Said we were the sorriest bunch
he'd ever tried
to kick into shape.
So he ordered a forced
march through the swamp?
Yep.
Staff Sergeant
came in the barracks
in the middle of the night.
He picked ten of us
and had us get dressed,
took us out to that damn swamp.
He wanted to make
an example of us.
Was he the only DI who
ever ordered a forced march?
The first one on
a night that cold.
He marched us right
into that freezing water.
You're the biggest bunch
of unsat human beings
I've ever seen in my life!
What the hell you
looking at, Osborne?
Don't you eyeball me, boy!
Sir, yes, sir!
Now get your slimy
bodies in the water!
ALL: Sir, yes, sir!
Ooh-rah!
Get moving!
And don't stop till I tell you!
Hurry up! Move!
Go! Now! Move your butts!
(thunder crashing)
OSBORNE: We got all turned
around in that damn swamp.
Tough going.
But we stayed in the damn water
just like the sergeant told us.
Only thing was
a couple of those
boys got left behind.
But by the time they
found those two men,
it was too late.
Those colored boys...
they were good
recruits, or trying to be.
Staff Sergeant Craig wanted
to teach them a lesson.
He taught them, all right.
PLESAC: I don't understand
why you're coming to me now.
The court-martial
was 25 years ago.
Well, sir, Staff Sergeant Craig
is looking at life in prison
if I can't undo his sentence.
I'm your last recourse?
Almost, General.
I've heard Staff Sergeant
Craig was a lost soul.
Well, sir, he's had
his share of bad luck
and he has certainly made
more than his share of mistakes.
You know, I was a
witness against him?
I know that, General.
I hope that maybe
after all this time
you might have had
second thoughts.
I don't change my
mind, Commander.
Facts are facts.
It took...
four hours to locate
those missing recruits.
By the time we reached
them, one was dead
and the other was dying.
General, were you aware
that Staff Sergeant Craig
was conducting a forced
march that night, sir?
No, the drill instructors
had discretion
in the means they used
to train their platoons.
You were aware that
other forced marches
were frequently conducted, sir?
Yes, and that's why
the commandant
of the Marine Corps
issued a white letter
prohibiting them.
Staff Sergeant
disobeyed that order.
General, I've
obtained affidavits
from members of
different platoons.
Other drill instructors
disobeyed that standing order, sir.
There's nothing I can say
that can help your man.
Staff Sergeant Craig, and
only he, was accountable
for the deaths
of those recruits.
(thunder rumbling)
MAN: Commander, we've
granted you this opportunity
because of your
compressed time frame.
Thank you, Mr. Morris.
I-I'm not here to argue
that Staff Sergeant Craig
is without guilt
in this incident.
However, I am prepared
to argue that what he did
the night of April 7, 1975,
was at the time considered
standard practice
during basic training.
Was that stated
Marine Corps policy?
It was not the
written policy, sir,
but it was the way
things were done.
Well, that doesn't make
it right, Commander,
and it doesn't relieve
the staff sergeant
of culpability.
The staff sergeant's punishment
was not proportional, ma'am.
He was a scapegoat
for flaws in an accepted
training practice.
But didn't he plead guilty to
these charges, Commander?
I mean, doesn't that
imply he believed himself
fully responsible and
deserving of punishment?
I have interviewed Staff
Sergeant Craig at length, sir.
He has a highly
developed sense of honor,
a love of the Marine Corps...
His humanity and the fact
that two lives were lost led
him to accept responsibility.
He could not have foreseen
the consequences of this action.
You are referring to
the three strikes law?
Yes, sir.
When Staff Sergeant Craig
pleaded guilty at
his court-martial,
he had no idea he would
one day be facing life in prison
as a result of that plea.
Commander, our charter
doesn't allow us
to base our decision
on such considerations.
We are only deciding
whether the sentence
reflected in the staff
sergeant's records
constitutes an
error, or an injustice.
Mr. Morris, sir, ma'am,
it was common
practice at Parris Island
to march recruits
into the marshes.
So other drill
instructors are at fault?
The base chain of
command is at fault?
Yes, ma'am. Yes, they are.
If you want to bring
charges, Commander,
you've come to the wrong people.
No, sir, I've come
to the right people
to correct a wrong that has
been done to Staff Sergeant Craig
and to save him from
a draconian punishment
he doesn't deserve.
Thank you, Commander.
We'll take your petition
under consideration
and we'll issue
a written ruling.
Unfortunately, Mr. Morris,
I need your ruling within
the next 24 hours, sir.
Be careful what you
wish for, Commander.
Miss Hanratty?
I haven't seen
enough evidence, no.
Mr. Xavier?
I feel for Staff Sergeant
Craig but, uh... no.
You managed to
persuade me, Commander,
but it's two against one,
so your petition is denied
and the original
conviction and its sentence
remain in the record.
I wish Mr. Craig luck.
Your fine will be $207.
Pay the cashier.
Victor Galindez.
Yes, ma'am.
I'm representing
Mr. Galindez, Your Honor.
Really?
Um... a copy of the
ticket, Your Honor.
(clears throat)
If you'll notice,
it's not signed.
That would be true, Counselor.
According to Virginia
code 46-25 subsection "E",
this makes the
infraction invalid.
You are correct.
I'll subtract this
penalty from the seven
that remain outstanding.
Mr. Galindez...
Yes, ma'am?
Pay the court $416 in fines
and late fees and you may regain
the use of your vehicle.
I don't think you
understand, Your Honor.
Mr. Galindez is contesting
all seven violations.
Let's start at the
top, shall we?
On October 16, 1999,
a ticket was issued
on Washington Street.
Your Honor, since
the parking hours
on the sign were
obscured by bird feces,
Gunnery Sergeant Galindez
was unable to properly read it.
Outstanding, Tiner.
I'll be honest with you,
There were times when I
questioned your judgment.
There were times
when I thought you were
out of your mind,
but you aced it.
Can I tell you
something, Gunny? What?
I didn't know if I had the nerve
to get up on my feet in front
of people and make a case.
I thought I might fold.
Whoo! Now I know
what it feels like
for the commander
and colonel to have to...
Didn't you check the sign?
Commander Lindsey will have
other chances, Mr. Secretary.
I don't recall discussing the
commander with you by name.
No, sir, you did not.
Will that be all?
Unfortunately, yes.
You and I have
different opinions
about what makes a good officer.
Well, sir, at least on
that much we agree.
When it comes
to fitness reports,
I call them as I see them.
Yes, sir.
And I look forward
to your remarks
the next time you write mine.
I'm sure you'll find my
remarks enlightening.
I'm sure I will, Mr. Secretary.
Thank you for your time, sir.
Admiral.
Commander Lindsey.
Did you speak to
Colonel MacKenzie?
Uh, well, we, uh,
we-we talk every day.
About me, sir?
Actually JAG business
does come up more often.
I wanted to talk to you
about the results of
the promotion board, sir.
You know I can't do that.
I realize that, sir.
I just wanted to say
that no matter what happens,
I want you to know
there are no hard feelings.
Commander, this
is inappropriate.
But, sir, if you ever
had an opening
on your staff, I...
Commander!
Um...
if I find I have a need
for someone of your skills,
you'll be my first call.
BAILIFF: Daniel Craig,
do you swear to tell the truth
the whole truth and nothing
but the truth, so help you God?
CRAIG: I do.
JUDGE: Be seated.
Mr. Craig, I would like
to review the events
which took place the
night of April 7, 1975.
On this night, you ordered
ten misfit marine recruits
from your platoon into a
swamp at Parris Island.
You did this as a
punitive measure, and also
to make an example of these men.
Now, during the night
two recruits died
from hypothermia.
All that is fact.
Why did you order these
men into the swamp, Mr. Craig?
To get them squared away.
I served two tours in
Vietnam, Commander.
I saw marines die who could
have lived if they were tough enough
and disciplined enough
to make the right decisions.
When you ordered
these men into the water,
was it out of anger?
No, sir.
I thought they were
tough enough to handle it.
Do you harbor resentment
toward black marines, Mr. Craig?
CRAIG: No, sir.
RABB: Are you harder
on blacks than whites?
Yes, sir.
Why?
I saw too many
screwed-up black men
coming from the inner city.
Some of them had guts,
but not a damn one of them
knew how to work in a team...
put themselves second.
That's why I never cut
any of them no slack.
What happened
that night, Mr. Craig?
Look, all those recruits had
to do was to stick together
and help each other out...
but that never happened.
Those two recruits
got left behind.
By the time we found
them... it was too late.
How did you feel
when you discovered
that Privates Cramer
and Washington had died?
Like a part of me had died.
Was this in your testimony
during your court-martial?
No, sir.
Why not?
I pled to the charges.
Military training is very
dangerous, Mr. Craig.
Why not throw yourself
on the mercy of the court?
I am responsible
for my failures.
Why did you attack
Robert Johnson
in the parking lot?
I thought Mr. Johnson
was abusing his child.
Four years ago, you
had an altercation
with a neighbor.
You also attacked this man.
Why?
No good reason.
I-I was drinking.
Do you still drink?
No, sir, not since that night.
Look, I regret what I did,
both times.
RABB: I have no further
questions, Your Honor.
JUDGE: Mr. Foreland.
What kind of man are you?
Bad enough so you think
I need to spend the
rest of my life in prison.
Correct.
Were you born that way?
No, sir.
Raised bad?
(chuckling): Oh, no, sir.
My mother was tough.
She expected me to toe the line.
Did you? No, sir.
Took the Marine Corps
to straighten me out.
That's what I was trying to do
with all those kids
coming up after me.
I wanted to give
them discipline,
self-respect... honor.
Yeah, Mr. Craig, I'd like to
go back to your testimony
that you were tough
on black recruits.
Was that only true in the case
of Privates Cramer
and Washington,
or was that a pattern?
That's just the way
that I did things.
Mmm.
And what were the results?
Mostly, I made good men
out of messed-up boys.
If you were in my
place, Mr. Foreland,
you're the one who
might be sitting here.
Are you saying that I
would've killed those men?
No, you want what I want...
To hold black men
to a higher standard.
Do you see any reason
why you should get a break
in this proceeding?
It's what you
think that matters.
Persuade me.
I want another chance to
get my life squared away,
and I'm not too proud
to ask you for help.
You realize you
just can't go around
attacking people
who piss you off.
CRAIG: Yes, sir, I realize that,
but with Commander Rabb's help,
I turned to the Marine Corps
to assist me with my problem.
Now, they helped me
out once a long time ago.
They can do it again.
Your Honor, may we
have a brief recess?
Very well.
You may step down.
This court is in recess
for 15 minutes.
(gavel pounds)
Joint motion to
dismiss the strike.
24 months.
Agreed.
You were right... It
could've been me.
What happens now?
Well... you do your time.
The rest is up
to you, Mr. Craig.
You know, some people
ask for a second chance in life.
You got a third.
(pinball machine dinging)
(indistinct conversations)
Colonel.
Sir.
Uh, Virgin Mary.
MAN: Coming right up, ma'am.
You look terrible.
I'm sorry.
That was so inappropriate.
Really?
I thought it was...
somewhat understated.
You know, Mac...
maybe you should get used
to sitting behind my desk.
Something happen, sir?
I effectively terminated
my career today.
How is that possible?
Well, I'm not at liberty to say.
You know there's
an old saying...
"The most bitter remorse
is for the sins we
did not commit."
Ah... and what sins
were you thinking
about committing with SECNAV?
Murder.
(chuckles)
Sir, you should
go see Dr. Walden.
Maybe she could h...
No more Dr. Walden?
You broke up with her?
Other way around.
Well, that doesn't
make any sense.
Well, thank you, Colonel,
I didn't think so either.
When did that happen?
Oh, a while back.
And you didn't say anything?
Okay, we just hit the
limit on touchy-feely.
RABB: Hey, there.
Nice to have you back, Admiral.
Well, I'm just passing through.
Bartender.
Coming right up, sir.
Everything all right, sir?
Well...
nothing I can't handle.
Thank you, sir.
Yeah, but why don't
you give Dr. Walden a...
Oops.
Well, I didn't read your
name in any police blotter.
(laughing): Sir, the commander
was actually a model citizen.
How come he obeys
you and not me?
Just lucky, I guess.
Luck is not a bad
quality in, uh, an officer.
You know, when
they asked Napoleon
how he picked his, uh, marshals,
he said, "I chose
the lucky ones."
Well, when they complained
about General Grant's drinking,
Lincoln inquired as to the
type of bourbon he drank
so he could buy a
barrel for all his generals.
So, Colonel, I guess
we need to revise
the, uh, fitness reports
and counseling records.
Sir?
Under "Remarks," put
"lucky" and "likes bourbon."
Makes as much damn
sense as anything else.
(chuckles)
Hey, look who's here.
Hey, there.
SIMS: Hey, Sir. Colonel.
ROBERTS: Good
to see you back, sir.
Yeah, that goes
double for me, sir.
Good to see you.
Hey, how's Doctor...?
Lieutenant, did
you ever figure out
how to fix JAG
instruction 3590.1
Alpha?
Yes, sir. Piece of cake.
Hell, then, you
deserve a plaque.
Oh, no, seriously, sir,
the colonel and I
really enjoyed our work.
I can see why you
really love your job.
Lieutenant, you know,
I do love my job...
and I am damn
lucky in my people...
'cause the world out
there, baby, it's cold.
Mmm.
(chuckling)
♪ I really can't stay ♪
♪ I really can't stay ♪
♪ Baby, it's cold outside ♪
♪ Baby, it's cold outside ♪
♪ I must get away ♪
♪ I must get away ♪
BOTH: ♪ 'Cause,
baby, it's cold outside. ♪
pavement, men chattering)
We can be there
in about 45 minutes.
(coin clattering,
chattering continues)
Hey, thanks.
(indistinct conversation)
Hey!
You want to take
that somewhere else?
MAN: Come on.
All I wanted to do was
play one more video game.
You know the rules.
BOY: I didn't hear you call me!
MAN: Don't talk back!
I wasn't!
You just did it again.
Don't contradict me, boy!
I'm sorry, Daddy. I'll be good!
I know how to make that happen.
Hey, hey, you don't
have to hit that boy.
Keep out of my business.
Look, he's only a child.
He's my boy, and
I'll do what I want.
Daddy, what's happening?
Hey, just shut up! (slap lands)
(crying)
(grunting)
Why did you hurt him?
I'm sorry.
Kid, I'm sorry.
TINER: You got booted?
GALINDEZ: Yeah.
On Lee Highway in Falls Church.
I was going to All-American Guns
to pick up a box of
hollow-point cartridges.
When I got back to my car,
parking enforcement
was driving away.
It's going to take me $416
to have that thing taken off.
That's a lot of money
for parking illegally.
I had a lot of unpaid tickets.
Was the street clearly posted?
I don't know, I didn't notice.
Let's say it wasn't.
We can argue it in court.
We?
I'm in my second
semester of pre-law.
Hey, Tiner, I don't have time
for you to accidentally
learn something.
I need the use of
my automobile now.
CHEGWIDDEN: I know where
you can rent a Geo cheap.
Morning, sir. Morning, sir.
Admiral, you have an urgent
message from SECNAV.
Well, aren't they always?
Gunny, tell Rabb, MacKenzie
and Roberts I need to see them.
Aye, sir.
And you and
Lieutenant Sims join us.
Yes, sir.
SECNAV wants to see you
in his office at 14:00, Admiral.
I've cleared your schedule
and made arrangements
for a car and driver.
Tiner, I don't need
anybody to drive me.
I drive myself.
Yes, sir, I just thought...
Sometimes after your
meetings with the secretary
you get really...
Tiner...
A-and as a precaution...
Are you afraid I
might lose my way
coming home from the Pentagon?
No, sir.
Kidnapped by terrorists?
That'd be highly unlikely, sir.
Are you afraid after my
meeting with SECNAV
I might subject myself
to a fit of road rage?
If that were to
be the case, sir,
I'm sure you'd
have every reason.
Tiner, get out of my office.
Aye, sir.
Colonel...
I'm going to be away for a week.
I'm appointing you acting JAG
while I'm gone, starting now.
Aye, aye, sir.
The commander has had the duty.
I believe he found it
somewhat stimulating.
Absolutely, sir.
Lieutenant Sims, you
and Gunny will provide
the colonel with any staff
assistance she needs.
You're dismissed.
Aye, sir. Aye, sir.
Colonel, prepare
yourself to update
JAG instruction 3590.1 Alpha.
Yes, sir.
Roberts, you'll
assist the colonel
in reviewing Administrative
Laws Revisions
Naval Legal Service
Command Operating Instructions.
I'll, uh, hop right
on that one, sir.
If there's a problem,
where will you be, sir?
TDY Bureau of Personnel
for this year's JAG
Captain Selection Board.
If you run into any problems,
I'll be right down the
old Shirley Highway.
Any way that I
can be of help, sir?
I'm sure the colonel will
find something for you to do.
In the meantime, try
to stay out of trouble.
Well, I'll do my best, Admiral.
That's what I'm afraid of.
(distant thunder rumbling)
SIMS: That was
25 years ago, sir.
Those records are
in storage at Suitland.
So my assistants were told.
However, I need them as
soon as possible, Lieutenant.
Sir, there is paperwork
that has to be filled out...
Please, no runaround.
Tell me who to talk to
to make this happen.
Uh, you can talk to me.
Thank you, Colonel. Sir.
I'm Lieutenant Colonel
Sarah MacKenzie.
State's Attorney Alton Foreland.
Prince George's
County, Maryland.
I'm looking for the 1975
court-martial records
for a Staff Sergeant
Daniel Craig, USMC.
May I ask why, sir?
Mr. Craig's just been convicted
of a felony assault.
His sentencing hearing's
scheduled in ten days.
Well, since the assault
is a civilian matter,
Mr. Foreland,
why do you need
his military records?
Well, in 1975,
then-Staff Sergeant Craig
was responsible for the deaths
of two marine recruits
at Parris Island.
His previous conviction will
be a factor in his sentencing.
I'll see that you
get his records, sir.
Thank you, Colonel.
I appreciate that.
Sure.
Ma'am, can I talk
to you off the record
about the staff sergeant?
Harm, you might
want to hear this.
Go ahead, Gunny.
When I was going through
basic training at Parris Island,
people were still talking
about what he did.
You're getting way
ahead of me, Gunny.
Well, during a
training exercise,
two recruits under his
command died... hypothermia...
After they'd been in
the water for six hours.
Staff Sergeant Craig
was held responsible
but he was only doing
what drill instructors
had always done
and a lot of marines
thought he took the rap
for what was wrong
with the system at the time.
What kind of a man
was the staff sergeant?
Well, sir, I never met him,
but by reputation, he
was one hard-ass DI.
He'd abuse the recruits.
He broke a guy's jaw.
One time he yelled so loud,
he busted a guy's eardrum.
So far you're not making
much of a case for him, Gunny.
Well, ma'am, the recruits
that trained under him
became damned good marines.
Yeah, the ones
that lived, I guess.
They respected him, sir.
And those were the same guys
who trained me and
a lot of guys after me.
He gave us pride, discipline.
The only thing
Staff Sergeant Craig
cared about was
the Marine Corps.
And I heard after he got
relieved and discharged,
his life went to hell
in a handbasket.
Thank you, Gunny.
Yes, ma'am.
Sir.
Well...
looks like I have a job for you.
I don't want a State's Attorney
using a marine as a punching
bag if he doesn't deserve it.
Agreed.
Really?
Good call.
Why are you being nice to me?
I'm always nice to you.
Admiral? Good to see you, sir.
Commander Lindsey?
I know you're here to
meet with the secretary,
but I would appreciate
a couple minutes
of your time, Admiral.
Walk with me.
I'd like your input on
Congresswoman Latham.
Oh, glad she was reelected.
Not me.
She's not easily
handled, Admiral.
Really?
She doesn't listen well.
Commander, maybe
you're not saying
what she wants to hear.
As the secretary's
congressional liaison, sir...
Whoa, Commander...
(chuckles)
The congresswoman
likes straight talk.
Nice ploy, sir.
One more thing, Admiral.
It's about JAG, sir?
I... I really miss it.
Right about now, so do I.
I enjoyed working
with Admiral Brovo,
and I think I could
be useful to you, sir.
Commander, I got all the help
I can handle right now.
You just offered a job
to Commander Pike, sir.
I mean, that's what I heard
through the grapevine.
She turned it down.
Admiral, does your attitude
have anything to do
with my prosecution
of Colonel MacKenzie?
Commander, you did
an excellent job with that.
You damn near ended her career.
CRAIG: I was responsible
for what happened to
the men in my platoon.
(distant thunder rumbling)
That's why I pled guilty.
Do you feel you received
adequate representation?
The JAG that was
representing me,
you know, he laid
out my options.
I took the government offer.
Why did you fall on your sword?
Well, who else was going
to take the blame, sir?
Well, did other drill
instructors issue these orders?
Yes, sir.
They all did,
but I executed the order.
My recruits died because
I pushed them too hard.
Tell me about what
happened in the parking lot.
I hated to see that boy beaten.
A man raises his
hand against a child,
it breaks his spirit.
You regret what you did?
Yes, sir.
When I saw the look
on that little boy's face...
Who represented you
at your civilian trial?
A court-appointed attorney.
He... he did the best he could,
but I... I didn't give
him much to work with.
Well, that seems to be a
pattern with you, Mr. Craig.
A man's got to admit
when he's wrong.
Look, I am not
where I want to be,
and I'm not where
I should have been,
but I've been worse.
Mr. Craig, I'd like
the opportunity
to represent you at
your sentencing hearing.
I'll be in touch.
Thank you for
coming all this way
in the rain, Admiral.
Glad to, Mr. Secretary.
A.J., we've had our
differences in the past.
Nothing major.
Oh, nonsense.
I sprung that
televised trial on you.
I shanghaied Colonel MacKenzie
to handle the
Admiral Boone matter.
Well, sir, it's all
part of the job.
We enjoy the challenge
of working with you.
(laughs): Good.
Well, I'm glad to know
we're on solid ground.
Anything else, sir?
Just wanted to clear the air.
Oh, I understand that you are
president of the
captain selection board.
Ah... yes, sir.
Well, who's handling
JAG in your absence?
Colonel MacKenzie.
That's one thing we
share in common, A.J.
We put trust in people
we think are good.
Yes, sir.
People such as
Commander Lindsey.
He's a good man.
Like Colonel MacKenzie,
he's going to go a long way.
Well, sir, with your
backing, I'm sure he will.
Well, he's long
overdue for a promotion.
There's nothing
more that I'd like to see
than him get his eagles.
Like you, A.J., I want
the people around me
rewarded for their hard
work and dedication.
You know, I
wouldn't be surprised
if he had your job some day.
FORELAND: Thank you
for coming, Commander.
I didn't expect an
officer to deliver
the court-martial
records personally.
Please, have a seat.
We're still looking for
them, Mr. Foreland.
It'll be a day or two.
So, you came here in person
to not deliver the
court-martial records?
I'll be representing Mr. Craig
at his sentencing hearing.
Why?
Because I think he
deserves a break.
Then you and I
are going to tangle, Commander.
Mr. Craig has a pattern
of reckless behavior
and violent assault.
His most recent
offense is his third strike.
Did he fail to inform
you that four years ago
he beat a neighbor
during a dispute
over the placement
of a trash receptacle?
That was his second strike.
His court-martial
is his first strike.
One...
two...
three.
I'm going to use
that last conviction
to put him in prison
for the rest of his life.
CHEGWIDDEN: The selection
of qualified men and women
determines the
future of the navy
so that makes
this, in many ways,
some of the most important
work any of us will ever do.
In your deliberations,
keep in mind
the precept given to us
by the secretary of the navy:
"The needs of the
service this year
"require special
emphasis on officers
with administrative
and computer skills."
However...
our job is to promote
the best qualified officers,
so I suggest that you vote
with your hearts
and convictions.
Now, as you know,
if you push zero
your vote effectively
means "do not select."
If anyone votes "do not select,"
I'm going to ask the
member his or her reasons
and I expect you to have
the integrity to speak up.
Understood? ALL: Yes, sir.
CHEGWIDDEN: All
right, let's get to work.
Here it is.
You can contest the charge
through an
administrative hearing
on the grounds that relevant
signs restricting parking
were missing or obscured.
How do we prove that?
I'm working on it.
Well, work harder, Tiner.
I hate driving that Geo.
MacKENZIE: Now we get to...
the establishment
of a strategic vision.
Hmm.
Well, my personal
strategic vision
is to get through the day
without bumping into anything.
You seem to be back
to your old self, Bud.
Pretty, much, ma'am.
Do you mind if I ask
you something personal?
Not at all, ma'am.
How are you and Harriet doing?
We have more good days than bad.
And, uh... and
every now and again
we actually find
ourselves happy.
Two things got us
through this, ma'am.
Baby A.J.
and our friends here at JAG.
In some ways, I've never
felt so fortunate in my life.
Even when you're amending
JAG instruction
Three-Five-Nine-Zero
Point-One-Alpha?
You look good behind that desk.
Oh, you want to trade places?
Mm-mmm.
Tell me something
what does one get awarded
a plaque for, anyway?
Mostly for good behavior
so it's nothing you'll
ever have to worry about.
Aha.
Have you sent State's Attorney
Foreland his court-martial records?
I told him he was
going to have to wait.
I'm going to represent
former Staff Sergeant Craig
at his sentence hearing.
What do you think
you can do for him?
Keep him out of
prison the rest of his life.
He has two felony convictions.
State's attorneys plan to
use his 1975 court-martial
as the first of three strikes.
What's your plan?
Well, it's to late to appeal
the court-martial
sentence, but...
You can file a
petition with the Board
for the Correction
of Naval Records.
ROBERTS: And if the
conviction is expunged
from the staff sergeant's record
before it goes to
the state attorney,
there's no felony
hence no third strike?
I have Gunny looking for marines
who testified at
the court-martial.
If the admiral asks me
why I approved
reopening the investigation,
what do I tell him?
Tell him that I think that
Mr. Craig is a good man
with bad judgment.
He'll understand that.
He doesn't deserve to
spend the next 30 to 40 years
in a four-by-eight cell
because some state's
attorney has a beef with him.
MAN: 1995 to 1997...
Commander Grace was Staff
Judge Advocate, Sixth Fleet.
Following that, he
had a successful tour
as executive officer at
Naval Legal Services Office,
San Diego.
Most recently, he was force
judge advocate, COMSUBPAC.
He got outstanding
fit-reps everywhere he went.
He has seven end of tour awards.
Now, I'm no lawyer
like the rest of you,
but that sounds
pretty good to me.
Thank you, Captain Ingles.
All right, people, let's vote.
Looks like Commander
Grace makes the cut.
I believe I have
the next candidate.
Records, please pull
up Commander Lindsey.
Commander Lindsey is presently
on the secretary of
the navy's personal staff
as his special assistant
for congressional liaison.
The secretary has given
the commander high marks.
As you can see under "Remarks,"
the SECNAV has written:
"This officer has my
strongest personal support.
You must select
him for promotion."
Prior to his assignment
to the secretary's staff,
he was flag secretary
at CINCUSNAVEUR.
Before that, he was
Admiral Brovo's aide
when he was the JAG.
During that time,
he was reassigned.
Questions or remarks?
I have a question, sir.
This guy seen any action?
He's a lawyer, Captain,
not a line officer.
Well, that's not what
I meant, Admiral.
Uh, it seems to me he's
mostly shuffled papers.
Has he ever stood
up in a courtroom, sir?
Once or twice.
Has he ever been
in charge of anyone?
Uh, ever served with the fleet?
Been at the pointy
end of the spear?
That has not been
his career path to date.
But he's performed
valuable services
wherever he went.
End of tour awards?
Two.
The commander I just
briefed had seven, sir.
Yes, he did.
Do you know Commander
Lindsey, Admiral?
Yes, I do.
What do you think, sir?
He has his uses.
Anyone else?
All right, let's vote.
That puts Commander Lindsey
toward the bottom of the pile.
Captain Hall, I believe you
have the next candidate?
HALL: Yes, sir.
RABB: You have a pattern
of violent assault, Mr. Craig.
This is something you
failed to inform me of
at our first meeting.
I apologize for
the omission, sir.
State's attorney tells
me that four years ago
you assaulted your neighbor over
the placement of a garbage can.
Care to explain what happened?
I was drinking.
Hey, a lot of people
drink, Mr. Craig.
They don't commit felonies.
Were there any
mitigating factors?
Were you provoked?
The guy put his trash can on...
on my side of the driveway.
That's it?
Seemed like a
problem at the time.
(sighs)
You know you have three
felony counts against you.
If the state's attorney
wants to put you away for life,
he can do it.
You gotta to give me
something I can work with.
An explanation... uh,
a sign of contrition.
The Marine Corps
has outreach programs.
If you're willing
to make an effort
at turning your life around.
Sir, I'll take whatever
help I can get.
RABB: Time served...
five years probation.
FORELAND: Why
would I make that deal?
Look, Dan Craig deeply
regrets what he did.
I can get him into a
program for anger counseling.
I can help find him employment.
I think he's a man worth
saving, Mr. Foreland.
Protecting one of your own.
I'm in the navy.
He was a marine.
It's all the same.
Well, I wouldn't
tell that to a marine.
Look, Mr. Foreland...
there's a few things I think you
should know about Mr. Craig.
He grew up poor,
without a father.
These are things that I feel
should be taken
into consideration.
I grew up poor, Commander.
I grew up without a father.
But I didn't use
that as an excuse
for screwing up in life.
I'm not trying to excuse
his behavior, Mr. Foreland.
Oh, yes, Commander,
that's exactly
what you're doing.
I'm sure it hasn't
escaped your notice
that Mr. Craig is a
black man, as am I,
so you're asking me to bend over
backwards to give him a break...
One black man helping
another black man.
Well, that's not the way I
think, Commander Rabb.
I believe, above all,
in the rule of the law
and I get angry when people
put ethnicity ahead of that rule
and when members of my
community are treated too leniently
because of their
color or circumstance.
There are those
who would disagree
with you, Mr. Foreland.
There is, for example, the
disproportionate number
of African-Americans
on death row.
Yes, there's also a
disproportionate number
of African-Americans preying on
members of their own community.
I say what I think,
Commander Rabb.
I'm not a popular man.
Well, popular enough
to think about running
for state attorney general
as a law- and-order candidate,
if the newspapers
are to be believed.
I believe what I
believe out of principle.
I believe that not
enough has been asked
of some of the men and
women of my community,
and I think that's a disgrace.
I will not tolerate
crime on my streets.
I will not have one black man
attacking another
black man for no reason.
I will not have old
people and children
hiding in their houses,
afraid to come out.
And I will not cut a
three-time felon a deal.
Regardless of
the color of his skin
or whether or not his daddy
was nice to him in 1959.
You have given me no
reason to change my mind.
Sorry to keep you waiting, A.J.
Not a problem, Mr. Secretary.
I took a chance of
coming over here
without an appointment.
You're welcome
to drop in anytime.
I thought it best if I call
out informally with you
as the president of the board.
This is our list of
captain selectees.
These are all the names?
The 11 best qualified
candidates, sir.
I told you I wanted to
see men and women
with computer and
administrative skills.
And we certainly took
that in consideration
among other factors.
You're not done.
I'm not signing this.
I want you to reconvene
the selection board.
I want you to reexamine
each and every candidate.
All of them, Mr. Secretary?
Use your discretion.
What's next?
Final endorsements
on line-of-duty investigations
of sailors who crash
on motorcycles...
30 in all.
That's a lot of
careless sailors.
Petition to the
corrections board
needs your signature.
I'll read it right away.
I've requested an
emergency hearing.
After that, I'm going to deliver
Staff Sergeant Craig's
court-martial records
to the state's attorney's office.
You left an "S" off "redress."
You ought to put in
for hazardous duty pay.
MacKENZIE: I heard that.
Is there any way to
introduce new testimony
in mitigation or extenuation?
Gunny.
I've located two marines who were
there the night of the incident, ma'am.
Major General Richard Plesac
was battalion commander.
Who was exonerated of any guilt.
Correct, ma'am... he's a
highly respected officer...
And Joseph Osborne, one
of the recruits who survived...
He received an
administrative discharge
after the incident.
Excuse me, ma'am,
Commander Lindsey's
here to see you.
Send him in.
TINER: Come in, Commander.
(exhales)
Good morning.
GUNNY & ROBERTS:
Good morning, sir.
Commander, what brings you here?
I wanted a word
with you, Colonel.
Lieutenant, let me
buy you a cup of coffee.
Gunny?
Yes, sir.
(sighs)
You look good behind that desk.
People keep telling me that.
Um, what can I do for you?
I wanted to apologize
if I was unduly hard on
you during your court-martial.
Well, no permanent damage.
I was acquitted.
I have no objections
to your telling the admiral
of this conversation.
It might clear up matters.
I'll be sure to tell him
when he gets back.
Sooner might be good.
Today, even.
Why would I do that?
Basic human kindness.
You do believe in
second chances?
When merited.
CHEGWIDDEN: The
SECNAV has directed
that we reconvene and consider
the candidates a second time
placing appropriate attention
on the special skills
cited in his guidance.
This have anything to do
with his personal JAG, sir?
What did he say,
"You must select
him for promotion"?
Commander Lindsey's name
never came up in conversation.
Put up Commander
Lindsey's records, please.
Ask your questions,
Captain Ingles.
Have you ever seen
Commander Lindsey in court, sir?
Once he prosecuted
one of my staff JAGs.
Win or lose?
Lose.
What kind of a
job did he do, sir?
Not good enough, fortunately.
You said he worked
for Admiral Brovo, sir.
Would you consider
bringing him onto your staff?
No.
Why, sir?
Commander Lindsey
goes outside the limits.
With all due respect, sir,
I've had dealings with
members of your staff, Admiral.
You give your lawyers
a lot of, um... latitude.
That's because I trust the
people that work for me.
And by extension, sir,
you do not trust
Commander Lindsey?
No, I do not.
Thank you, Admiral.
Let's vote.
Thank you.
Private Osborne?
Not for a long time.
It's Joe.
Commander Rabb.
JAG, right?
Yes, sir.
Whatever it is,
Commander, I didn't do it.
Well, I'd like to talk to you
about Staff Sergeant
Daniel Craig, Mr. Osborne.
What's that bastard done now?
You remember him?
Hard to forget that
he killed two men.
Well, Joe, that's a
matter of dispute.
There's going to be a hearing
before the corrections board.
I know you were there
and that you
testified at the trial.
I'd be interested, if
you have the time,
in what you remember.
He hated every damn
last man in that
platoon, Commander.
Said we were the sorriest bunch
he'd ever tried
to kick into shape.
So he ordered a forced
march through the swamp?
Yep.
Staff Sergeant
came in the barracks
in the middle of the night.
He picked ten of us
and had us get dressed,
took us out to that damn swamp.
He wanted to make
an example of us.
Was he the only DI who
ever ordered a forced march?
The first one on
a night that cold.
He marched us right
into that freezing water.
You're the biggest bunch
of unsat human beings
I've ever seen in my life!
What the hell you
looking at, Osborne?
Don't you eyeball me, boy!
Sir, yes, sir!
Now get your slimy
bodies in the water!
ALL: Sir, yes, sir!
Ooh-rah!
Get moving!
And don't stop till I tell you!
Hurry up! Move!
Go! Now! Move your butts!
(thunder crashing)
OSBORNE: We got all turned
around in that damn swamp.
Tough going.
But we stayed in the damn water
just like the sergeant told us.
Only thing was
a couple of those
boys got left behind.
But by the time they
found those two men,
it was too late.
Those colored boys...
they were good
recruits, or trying to be.
Staff Sergeant Craig wanted
to teach them a lesson.
He taught them, all right.
PLESAC: I don't understand
why you're coming to me now.
The court-martial
was 25 years ago.
Well, sir, Staff Sergeant Craig
is looking at life in prison
if I can't undo his sentence.
I'm your last recourse?
Almost, General.
I've heard Staff Sergeant
Craig was a lost soul.
Well, sir, he's had
his share of bad luck
and he has certainly made
more than his share of mistakes.
You know, I was a
witness against him?
I know that, General.
I hope that maybe
after all this time
you might have had
second thoughts.
I don't change my
mind, Commander.
Facts are facts.
It took...
four hours to locate
those missing recruits.
By the time we reached
them, one was dead
and the other was dying.
General, were you aware
that Staff Sergeant Craig
was conducting a forced
march that night, sir?
No, the drill instructors
had discretion
in the means they used
to train their platoons.
You were aware that
other forced marches
were frequently conducted, sir?
Yes, and that's why
the commandant
of the Marine Corps
issued a white letter
prohibiting them.
Staff Sergeant
disobeyed that order.
General, I've
obtained affidavits
from members of
different platoons.
Other drill instructors
disobeyed that standing order, sir.
There's nothing I can say
that can help your man.
Staff Sergeant Craig, and
only he, was accountable
for the deaths
of those recruits.
(thunder rumbling)
MAN: Commander, we've
granted you this opportunity
because of your
compressed time frame.
Thank you, Mr. Morris.
I-I'm not here to argue
that Staff Sergeant Craig
is without guilt
in this incident.
However, I am prepared
to argue that what he did
the night of April 7, 1975,
was at the time considered
standard practice
during basic training.
Was that stated
Marine Corps policy?
It was not the
written policy, sir,
but it was the way
things were done.
Well, that doesn't make
it right, Commander,
and it doesn't relieve
the staff sergeant
of culpability.
The staff sergeant's punishment
was not proportional, ma'am.
He was a scapegoat
for flaws in an accepted
training practice.
But didn't he plead guilty to
these charges, Commander?
I mean, doesn't that
imply he believed himself
fully responsible and
deserving of punishment?
I have interviewed Staff
Sergeant Craig at length, sir.
He has a highly
developed sense of honor,
a love of the Marine Corps...
His humanity and the fact
that two lives were lost led
him to accept responsibility.
He could not have foreseen
the consequences of this action.
You are referring to
the three strikes law?
Yes, sir.
When Staff Sergeant Craig
pleaded guilty at
his court-martial,
he had no idea he would
one day be facing life in prison
as a result of that plea.
Commander, our charter
doesn't allow us
to base our decision
on such considerations.
We are only deciding
whether the sentence
reflected in the staff
sergeant's records
constitutes an
error, or an injustice.
Mr. Morris, sir, ma'am,
it was common
practice at Parris Island
to march recruits
into the marshes.
So other drill
instructors are at fault?
The base chain of
command is at fault?
Yes, ma'am. Yes, they are.
If you want to bring
charges, Commander,
you've come to the wrong people.
No, sir, I've come
to the right people
to correct a wrong that has
been done to Staff Sergeant Craig
and to save him from
a draconian punishment
he doesn't deserve.
Thank you, Commander.
We'll take your petition
under consideration
and we'll issue
a written ruling.
Unfortunately, Mr. Morris,
I need your ruling within
the next 24 hours, sir.
Be careful what you
wish for, Commander.
Miss Hanratty?
I haven't seen
enough evidence, no.
Mr. Xavier?
I feel for Staff Sergeant
Craig but, uh... no.
You managed to
persuade me, Commander,
but it's two against one,
so your petition is denied
and the original
conviction and its sentence
remain in the record.
I wish Mr. Craig luck.
Your fine will be $207.
Pay the cashier.
Victor Galindez.
Yes, ma'am.
I'm representing
Mr. Galindez, Your Honor.
Really?
Um... a copy of the
ticket, Your Honor.
(clears throat)
If you'll notice,
it's not signed.
That would be true, Counselor.
According to Virginia
code 46-25 subsection "E",
this makes the
infraction invalid.
You are correct.
I'll subtract this
penalty from the seven
that remain outstanding.
Mr. Galindez...
Yes, ma'am?
Pay the court $416 in fines
and late fees and you may regain
the use of your vehicle.
I don't think you
understand, Your Honor.
Mr. Galindez is contesting
all seven violations.
Let's start at the
top, shall we?
On October 16, 1999,
a ticket was issued
on Washington Street.
Your Honor, since
the parking hours
on the sign were
obscured by bird feces,
Gunnery Sergeant Galindez
was unable to properly read it.
Outstanding, Tiner.
I'll be honest with you,
There were times when I
questioned your judgment.
There were times
when I thought you were
out of your mind,
but you aced it.
Can I tell you
something, Gunny? What?
I didn't know if I had the nerve
to get up on my feet in front
of people and make a case.
I thought I might fold.
Whoo! Now I know
what it feels like
for the commander
and colonel to have to...
Didn't you check the sign?
Commander Lindsey will have
other chances, Mr. Secretary.
I don't recall discussing the
commander with you by name.
No, sir, you did not.
Will that be all?
Unfortunately, yes.
You and I have
different opinions
about what makes a good officer.
Well, sir, at least on
that much we agree.
When it comes
to fitness reports,
I call them as I see them.
Yes, sir.
And I look forward
to your remarks
the next time you write mine.
I'm sure you'll find my
remarks enlightening.
I'm sure I will, Mr. Secretary.
Thank you for your time, sir.
Admiral.
Commander Lindsey.
Did you speak to
Colonel MacKenzie?
Uh, well, we, uh,
we-we talk every day.
About me, sir?
Actually JAG business
does come up more often.
I wanted to talk to you
about the results of
the promotion board, sir.
You know I can't do that.
I realize that, sir.
I just wanted to say
that no matter what happens,
I want you to know
there are no hard feelings.
Commander, this
is inappropriate.
But, sir, if you ever
had an opening
on your staff, I...
Commander!
Um...
if I find I have a need
for someone of your skills,
you'll be my first call.
BAILIFF: Daniel Craig,
do you swear to tell the truth
the whole truth and nothing
but the truth, so help you God?
CRAIG: I do.
JUDGE: Be seated.
Mr. Craig, I would like
to review the events
which took place the
night of April 7, 1975.
On this night, you ordered
ten misfit marine recruits
from your platoon into a
swamp at Parris Island.
You did this as a
punitive measure, and also
to make an example of these men.
Now, during the night
two recruits died
from hypothermia.
All that is fact.
Why did you order these
men into the swamp, Mr. Craig?
To get them squared away.
I served two tours in
Vietnam, Commander.
I saw marines die who could
have lived if they were tough enough
and disciplined enough
to make the right decisions.
When you ordered
these men into the water,
was it out of anger?
No, sir.
I thought they were
tough enough to handle it.
Do you harbor resentment
toward black marines, Mr. Craig?
CRAIG: No, sir.
RABB: Are you harder
on blacks than whites?
Yes, sir.
Why?
I saw too many
screwed-up black men
coming from the inner city.
Some of them had guts,
but not a damn one of them
knew how to work in a team...
put themselves second.
That's why I never cut
any of them no slack.
What happened
that night, Mr. Craig?
Look, all those recruits had
to do was to stick together
and help each other out...
but that never happened.
Those two recruits
got left behind.
By the time we found
them... it was too late.
How did you feel
when you discovered
that Privates Cramer
and Washington had died?
Like a part of me had died.
Was this in your testimony
during your court-martial?
No, sir.
Why not?
I pled to the charges.
Military training is very
dangerous, Mr. Craig.
Why not throw yourself
on the mercy of the court?
I am responsible
for my failures.
Why did you attack
Robert Johnson
in the parking lot?
I thought Mr. Johnson
was abusing his child.
Four years ago, you
had an altercation
with a neighbor.
You also attacked this man.
Why?
No good reason.
I-I was drinking.
Do you still drink?
No, sir, not since that night.
Look, I regret what I did,
both times.
RABB: I have no further
questions, Your Honor.
JUDGE: Mr. Foreland.
What kind of man are you?
Bad enough so you think
I need to spend the
rest of my life in prison.
Correct.
Were you born that way?
No, sir.
Raised bad?
(chuckling): Oh, no, sir.
My mother was tough.
She expected me to toe the line.
Did you? No, sir.
Took the Marine Corps
to straighten me out.
That's what I was trying to do
with all those kids
coming up after me.
I wanted to give
them discipline,
self-respect... honor.
Yeah, Mr. Craig, I'd like to
go back to your testimony
that you were tough
on black recruits.
Was that only true in the case
of Privates Cramer
and Washington,
or was that a pattern?
That's just the way
that I did things.
Mmm.
And what were the results?
Mostly, I made good men
out of messed-up boys.
If you were in my
place, Mr. Foreland,
you're the one who
might be sitting here.
Are you saying that I
would've killed those men?
No, you want what I want...
To hold black men
to a higher standard.
Do you see any reason
why you should get a break
in this proceeding?
It's what you
think that matters.
Persuade me.
I want another chance to
get my life squared away,
and I'm not too proud
to ask you for help.
You realize you
just can't go around
attacking people
who piss you off.
CRAIG: Yes, sir, I realize that,
but with Commander Rabb's help,
I turned to the Marine Corps
to assist me with my problem.
Now, they helped me
out once a long time ago.
They can do it again.
Your Honor, may we
have a brief recess?
Very well.
You may step down.
This court is in recess
for 15 minutes.
(gavel pounds)
Joint motion to
dismiss the strike.
24 months.
Agreed.
You were right... It
could've been me.
What happens now?
Well... you do your time.
The rest is up
to you, Mr. Craig.
You know, some people
ask for a second chance in life.
You got a third.
(pinball machine dinging)
(indistinct conversations)
Colonel.
Sir.
Uh, Virgin Mary.
MAN: Coming right up, ma'am.
You look terrible.
I'm sorry.
That was so inappropriate.
Really?
I thought it was...
somewhat understated.
You know, Mac...
maybe you should get used
to sitting behind my desk.
Something happen, sir?
I effectively terminated
my career today.
How is that possible?
Well, I'm not at liberty to say.
You know there's
an old saying...
"The most bitter remorse
is for the sins we
did not commit."
Ah... and what sins
were you thinking
about committing with SECNAV?
Murder.
(chuckles)
Sir, you should
go see Dr. Walden.
Maybe she could h...
No more Dr. Walden?
You broke up with her?
Other way around.
Well, that doesn't
make any sense.
Well, thank you, Colonel,
I didn't think so either.
When did that happen?
Oh, a while back.
And you didn't say anything?
Okay, we just hit the
limit on touchy-feely.
RABB: Hey, there.
Nice to have you back, Admiral.
Well, I'm just passing through.
Bartender.
Coming right up, sir.
Everything all right, sir?
Well...
nothing I can't handle.
Thank you, sir.
Yeah, but why don't
you give Dr. Walden a...
Oops.
Well, I didn't read your
name in any police blotter.
(laughing): Sir, the commander
was actually a model citizen.
How come he obeys
you and not me?
Just lucky, I guess.
Luck is not a bad
quality in, uh, an officer.
You know, when
they asked Napoleon
how he picked his, uh, marshals,
he said, "I chose
the lucky ones."
Well, when they complained
about General Grant's drinking,
Lincoln inquired as to the
type of bourbon he drank
so he could buy a
barrel for all his generals.
So, Colonel, I guess
we need to revise
the, uh, fitness reports
and counseling records.
Sir?
Under "Remarks," put
"lucky" and "likes bourbon."
Makes as much damn
sense as anything else.
(chuckles)
Hey, look who's here.
Hey, there.
SIMS: Hey, Sir. Colonel.
ROBERTS: Good
to see you back, sir.
Yeah, that goes
double for me, sir.
Good to see you.
Hey, how's Doctor...?
Lieutenant, did
you ever figure out
how to fix JAG
instruction 3590.1
Alpha?
Yes, sir. Piece of cake.
Hell, then, you
deserve a plaque.
Oh, no, seriously, sir,
the colonel and I
really enjoyed our work.
I can see why you
really love your job.
Lieutenant, you know,
I do love my job...
and I am damn
lucky in my people...
'cause the world out
there, baby, it's cold.
Mmm.
(chuckling)
♪ I really can't stay ♪
♪ I really can't stay ♪
♪ Baby, it's cold outside ♪
♪ Baby, it's cold outside ♪
♪ I must get away ♪
♪ I must get away ♪
BOTH: ♪ 'Cause,
baby, it's cold outside. ♪