JAG (1995–2005): Season 6, Episode 12 - Collision Course - full transcript

While conducting a NATO exercise in the Aegean Sea and while emerging from a blinding fog, a US frigate collides with a Turkish destroyer -- due in part to the presence of a Greek destroyer escort nearby, ostensibly to protect the claim of Greece to a small uninhabited island. The SecNav orders RAdm. Chegwidden himself to prosecute the commanding officer (CO) of the US ship -- because he has received politically motivated orders from above to appease NATO and the other nations involved. Displeased and uncomfortable, the admiral directs Harm and Mac to provide the accused CO with a vigorous defense, and they gladly comply. After some courtroom fireworks the attorneys work out a solution which serves the interest of justice. Meanwhile Mikey Roberts, Bud's brother, visits Bud and Harriet, meets Gunny's sister, from New Mexico, and finds her attractive and interesting, but finally Mikey gets a disappointing surprise.

It's going to be difficult

to find them without
radar, Skipper.

We can't even see our own bow.

If they're out there,
we'll find them.

Remember that
exercise off Ibiza?

Back before either one of us
was allowed near the wardroom.

(laughs)

There you go.

All engines ahead standard.

All engines ahead standard, aye.

Bridge lookout.



Contact 4,000 yards
off the port bow.

Apparent heading
north-northeast.

It's a Turkish destroyer, sir.

All engines ahead flank.

All engines ahead flank, aye.

Sir, wouldn't it be
safer to withdraw

to missile-firing range?

And what would the
crew learn from that?

Steady up on three-four-zero.

I want to overtake them

on their starboard quarter.

Steady at three-four-zero, sir.

Weapons Bridge,
stand by Mount One.

Optical tracking
only, simulated fire.



Stand by.

Release batteries.

C.I.C reports direct hit, sir.

Radio Bridge,
this is the captain.

Break EMCON and tell
them they've just been sunk.

Captain, the Turkish
ship is turning sharply

into our path.

Hard right rudder.

Hard right rudder, aye.

Is radar up and
running? Yes, sir.

They're 1,000 yards and closing.

All engines back full.

All engines back full, aye.

Radio, contact the Turks.

Tell them they are in extremis.

XO, sound the collision alarm.

Aye, aye, sir.

600 yards...

400 yards...

All hands, brace for impact.

100 yards.

(thunderous crash)

You and the Turkish team

were on opposite
sides in the exercise?

That's right, ma'am.

A NATO TRANSITEX.

It's like a big game
of hide-and-seek.

Eight U.S. and
Italian ships seeking,

four Turkish ships hiding.

You found one.

Yes, sir.

I understand they're
blaming a Greek ship

that wasn't even
part of the exercise.

Look out!

Grab, push it in there, sailor.

Fast on your feet there, chief.

Thanks.

Not bad yourself.

Oh, my apologies, Skipper.

No problem, Commander.

I'm Commander Rabb.

This is Lieutenant
Colonel MacKenzie.

MacKENZIE: Skipper.

Any news on the
Turkish casualties?

Still seven dead, two missing.

XO, is that a dispatch

from Comm. Sixth Fleet
relieving me of command?

Only temporarily, sir.

We'll see.

Commander, I realize
that the timing is bad,

but we're required
to get a statement

from the commanding
officers of all three ships.

Then I won't keep
you from your rounds.

This is my statement:

We got caught in a fog
bank searching for the enemy.

It cleared.

We found ourselves two
miles from the Gelibolu.

I closed range, it
changed course,

I hit it.

Seven dead, two
missing. End of story.

Now,

if you'll excuse me,
I have work to do.

Even though I'm not
the C.O. anymore.

Even if I'm not the
commanding officer anymore,

it does not mean I
cannot lend a hand.

Now you were running
without radar or lights

when the United
States ship hit you.

All ships were on EMCON,
total emissions blackout.

So the United States
ship couldn't see you

when they hit?

They saw clearly
enough to fire at us

when they came out of the fog.

They should have
been able to see

we were having a problem.

With the Greek ship?

Yes, the one trying to ram us.

I didn't try to ram them, I
attempted a shoulder maneuver.

It was an appropriate response.

To what, Commander?

We saw a vessel
outside shipping lanes,

running without lights.

I did what I was supposed to do.

Did you try hailing them?

Several times, by radio.

But we received no response.

We couldn't respond.

EMCON means no
radio, no sonar, no radar.

Navigation... how do you say it?

By the seat of our pants.

This was the same way
the U.S. ship was navigating?

Yes, it was the
rule of the exercise.

Eventually, we
replied to the Naxos

by signal light.

We identified ourselves

and informed them
of the exercise.

But they just kept coming.

NAXOS C.O.: It didn't matter

who they claimed to be.

They could have been anyone.

And that's when you
decided to shoulder them?

No, that's when I decided to
contact my chain of command

to see if there was any
such exercise scheduled.

There was not.

Colonel, I do not attack
another ship on a whim.

The Turks left me no choice.

I informed them they were
in Greek territorial waters

and ordered them to
change their course.

Greek territorial waters?

Within three nautical miles

of the Greek island
of Anaxios Brakos.

We call it Kiymetsiz Kaya.

It's an uninhabited rock.

The Greek claim has no validity.

Even if it did, we were
on a NATO operation,

exercising our right
of innocent passage.

So what does it matter?

Captain, what did
you do when you saw

the Naxos heading toward you?

I immediately broke EMCON
and ordered hard right rudder...

which brought us right into
the path of the American ship.

You took these
actions immediately,

knowing that breaking EMCON

would disqualify you
from the war games?

Come this way.

It was my first night on board.

I woke up on the floor.

I tried to move, but my hip...

they say it's shattered.

The bow of the American ship
was right there in my quarters.

Then it reversed.

And I saw... Lieutenant
Ince, my bunkmate,

tangled in the American
anchor chain, all torn up.

And I watched him go by,

out the hole the ship
made in the bulkhead.

(speaks Turkish)

(speaks Turkish)

This man is alive...

seven are not.

I did not hazard my
ship to win a game.

Tiner.

Good morning, Lieutenant.

Can you use LexisNexis?

And Westlaw, ma'am.

I need you to run a
search on the precedents

involving Article 134,
abuse of a public animal.

You get stuck with the
loser cases again, ma'am?

Every time they go out of town.

It's like there's a
sign on my back.

Wish we could spend
more time together, Mikey,

but, with everybody gone...

It's no problem.

I'll just spend the
day with Harriet.

I love diapering my nephew.

You know, I could
postpone a motion hearing,

free a few hours up after lunch.

Don't sweat it.

My ship was on O.R.E.
for the last 30 hours

before we got to Norfolk,

so a little nap wouldn't hurt.

Coffee mess is this way, right?

That way.

What kind of donut
you want, Lieutenant?

I don't eat those anymore.

Sprinkles... right, sir?

(quietly): Rainbow.

Oh-ho! My gosh.

Are you all right?

I'm so sorry.

I'm sorry. Sorry. Um...

Oh, my God.

Hey, Roberts.

Man, Gunny, if I
had a girl like that...

What would you do?

I'd, uh... you know...

Mm-hmm.

Hey, Victor!

Hey, Val! All right!

I'm sorry, Gunny, I didn't
know she was your girlfriend.

She's not.

She's my sister.

VALERIE: Hey, could
you get a long lunch, Vic?

The Vermeer show's
over at the National Gallery.

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

Things are just really
crazy around here.

The, uh, Vermeer show's over.

They got Art Nouveau now.

(snickering): What?

Art Nouveau kicks ass.

What?!

Mike.

Valerie.

I was going to go see
it; if you want to go...

we could both go.

You sure you can't come?

Uh...

Let's go.

All right.

Oh, hey, Mikey, I was
able to clear away a few...

Where's my brother going?

Uh... out with my sister.

RABB: Turkish captain
is blaming the Greeks.

MacKENZIE: And the Greek is
pointing it right back at the Turks.

This has been going on
for a thousand years, sir.

Turks drink raki,
Greeks drink ouzo.

They're identical,
but try telling them.

What about the American captain?

Commander James Merrick:
outstanding service record, sir.

Golden Anchor
Award for Retention,

John Paul Jones
Award for Leadership,

and he's the only one
not working overtime

to cover his butt.

That's refreshing.

More refreshing not
to have to compete

with officials from
four different countries.

We're tripping over
each other out there, sir.

Try dealing with admirals
in four different countries

with their defense ministers
looking over their shoulders,

making sure nobody
forgets their political agendas.

And then there's the press.

(reporters clamoring,
cameras clicking)

Ladies and gentlemen,
thank you for all your interest.

We will answer all your
questions at the press briefing.

Follow me, please.

Some of those reporters
would make damn good marines.

We are the nation that
gave the world paparazzi.

Now please, sit.

So, you are the American team

in our investigative Olympics.

Yes, sir.

Admiral Picato commanded
the NATO Transit Exercise.

Oh, Admiral, we
need to speak with you.

Speak.

Sir, Commander
Vlahakis, the Greek skipper,

claims he never received word

that the TRANSITEX
was being conducted.

My office informed
the Greek navy

via its fleet
command at Salamis.

So the Greeks
were at fault, sir?

There was apparently

an unfortunate breakdown
in communications.

Admiral, why were
games held near an island

the ownership of
which is disputed

between Greece and Turkey?

The op area was 75,000
square kilometers, Commander.

Find me a section of
the Aegean that size

without a dozen disputed islands

and I will be happy to use it.

Admiral Picato, don't
you have a meeting?

Yes, with the NATO press office.

A different sort
of damage control

than I learned at
the Naval Academy.

Good day, gentlemen; Colonel.

Sir.

Admiral, we should
be going, too, sir.

We have a meeting
with a Turkish translator

to go over the Gelibolu's log.

SECNAV: That won't be necessary.

We're past the
investigation stage on this.

Mr. Secretary, we've
hardly begun, sir.

The key facts of the
collision are not in dispute,

apparently not even
by Commander Merrick,

according to your report.

He will be prosecuted.

For what, sir?

Dereliction of duty,

hazarding a vessel...
and manslaughter.

Seven counts.

Mr. Secretary, I don't see
how primary responsibility

can be assigned to Commander
Merrick at this point, sir.

Mr. Secretary, what about
the captains of the other ships?

The Greeks and the
Turks are frying their fish,

we're frying ours...
Unless you want to argue

that the Uniform
Code of Military Justice

applies to officers
of foreign navies.

No, sir.

Good.

MacKENZIE: Sir, we're just
concerned that the prosecution

of Commander Merrick
may be premature.

Really?

Does anybody here
remember the TCG Mauvenet?

RABB: Turkish destroyer, sir.

The USS Saratoga
accidentally hit with live missiles

during a war game in '92.

Killed five sailors.

No one was court-martialed.

Was Commander Merrick
on the Saratoga, sir?

The Turks are making noises

about revoking our
use of their airfields

to enforce the
Iraqi no-fly zone.

How is that our department?

Anything that affects America's
national security interests

is "our department."

At least, that's the impression
I've been laboring under.

Yes, sir.

Oh, for God sakes, A.J.

Merrick plowed his
ship into another vessel.

At least seven people are dead.

Yes, sir.

Turkey needs to know

that we are taking
this one seriously.

I understand.

I'll assign my best people.

I want you to prosecute.

Me?!

Yes, A.J.

So they'll know we are
taking this one seriously.

(chuckles)

I trust you'll allow me to
name the defense counsel?

A.J., you know I trust you.

Good, 'cause I want to make sure
Commander Merrick's defense team

is just as serious, sir.

MIKEY: So, what
was your favorite?

VALERIE: Um... Ford's Theatre.

No! Magnum's aloha
shirt at the Smithsonian.

No, wait.

This tiramisu. Oh!

If you want to walk
off the tiramisu,

we could go check
out Dupont Circle or...

I should probably get
back to my brother's.

You know, I am supposedly
spending time with him.

Come on... I go back
aboard ship on Wednesday.

You can see him all week.

Well, what about your brother?

Aren't you supposed to be

spending time with him?

I saw him this morning.

You know what I need right now?

Another cappuccino?

To dance.

I mean... you're not tired,

are you?

Okay. Uh, I know some clubs.

You're 21, right?

My driver's license says 22.

If I'm asleep in my quarters

and a radar operator
with a bad cold

gets blurry eyes

and he doesn't see
a blip on his screen

and we hit a rowboat,
I'm responsible

because I'm the
commanding officer.

Now, if I'm on the bridge

and we hit a
4,000-ton destroyer...

MacKENZIE: A number of factors

led to that collision,
Commander.

Colonel, there are always

a number of factors,

but somebody has
to be responsible.

Otherwise, next
time, nobody will be.

RABB: We respect
the responsibility

that comes with command,

but to volunteer to
take the blame, Comm...

When I volunteered to be a
naval officer 22 years ago...

I accepted that something
like this could happen.

What, to become a scapegoat?

What would you
propose that I do?

Prosecution will try to
prove you acted negligently.

We will show that you
made legitimate choices

according to the situation.

That this collision
is the result

of a long chain of events.

Misjudgment by the skippers,
missed communications

faulty equipment.

Dust in my eyes, full
moon, that sort of thing?

I am not some old lady
with a lap full of hot coffee.

That is not the way I do things.

And letting our client
take the fall for others

is not the way we do
things. Now, Commander...

Harm, if he doesn't want
to fight, we can't make him.

Colonel, I joined
the Navy to fight,

like my father and my
grandfather before me,

but they served 56
years between them

without killing seven
people in a war game.

(knocking) Enter.

Excuse me.

Commander, you're right on time.

We're trying to
convince your C.O.

not to fall on his sword.

Skipper, I just received
this order from the prosecutor

to testify against you.

(Valerie giggles)

That was great!

Victor would never take
me anyplace like that.

He wouldn't even
know it existed.

Well, you got to
know where to go.

Where's the best place
to see the sunrise?

Jefferson Memorial Tidal Basin.

Come on, I'll take you.

What would he want
you to testify about?

I don't know.

Oh, I think we both know.

When we came out of that fog,

you recommended that I
withdraw to missile range

instead of approaching
the Turkish ship.

That doesn't mean anything.

It might mean something
to a court-martial panel.

Recommending is an XO's job.

Then the captain
makes his own decisions.

I won't testify against you.

You have no choice, Commander.

It's an order.

I don't care, sir.

Tim, if you respect me at
all, you'll follow that order.

And help send you
to Leavenworth?

No, sir.

Well, your XO's willing
to disobey an order

to defend you, Commander.

What are you willing to do?

(light snoring)

Just wait five minutes?

I can't believe I,
uh, drooled on you.

Hey, it happens
to the best of us.

Oh, I wish you
didn't have to go back

to your ship so soon.

Well, um... I could, uh...

come back, uh, next Friday.

How was the Art Noo-Voo?

Nouveau.

Oh, my mistake, Roberts.

And I guess it's also
my mistake to think

that you can see an art
exhibit in less than 19 hours.

Oh, come on, Vic...

Valerie,

inside.

Are you trying to
send me to my room?

I'm trying to get you,
or this swabbie here,

to tell me what the
hell you been doing

for the last 19 hours.

Sightseeing.

Sightseeing?

Yeah. Sightseeing.

Valerie, when you
stay under my roof,

you don't go out all night long.

News flash, Vic:

I'm 20 years old, and
you are not my father.

I was sightseeing.

Good night, Mikey.

It was fun.

Your motion is rather
unusual, Commander.

You're saying the relationship

between commanding
officer and executive officer

is the same as between
husband and wife?

Not exactly, Your Honor.

(chuckles)

I should hope not.

But I do believe
there should be a limit

on the government's ability
to compel an executive officer

to testify against his
commanding officer.

Like husband and wife.

It's more like
lawyer-client, Your Honor.

For the success
of their missions,

a C.O. and his or her X.O.

must be able to communicate
freely and openly.

The fear that one might
later be called upon

to incriminate the other

could impede the necessary flow

of information and advice.

Is my learned
opponent suggesting

that an executive officer might
not tell his commanding officer

that they are under attack
because of some fear

of legal liability?

He might not tell his
commanding officer

how he feels an attack
should be dealt with,

if he's afraid that
he might later

be prosecuted for
giving bad advice.

Commander, do you have

a scrap of law to
support this notion?

I believe it's inherent
in the structure

of the naval
service, Your Honor.

"Inherent"... but unstated?

Your Honor, the
executive officer

on the Monroe Smith
has pertinent testimony...

Save your breath,
Admiral, he can testify.

Motion denied.

Hearing adjourned.
(pounds gavel)

Uh, we'll meet you outside.

Interesting motion, Commander.

Thank you, sir.

Preposterous.

Sir, you must admit
it is a little distasteful

to compel Lieutenant
Commander Bryant to testify.

"Distasteful"?

We having a garden
party here, Colonel?

No, sir. That's right.

I'm going to convict
Commander Merrick.

If there's any doubts,
they'll disappear

when you see your client
packed off to Leavenworth.

Have a nice day.

CAPTAIN AGAZI: After we received
the message that we'd been sunk,

the collision came very soon.

CHEGWIDDEN: So,
Commander Merrick

took the time to tell you
that he'd won the war game,

but didn't bother to tell
you he was about to hit you.

That is correct, sir.

When did the warning
message come?

When it was too late
to do anything about it.

Thank you, Captain.

Captain, I'd like you to
walk us through the collision

from the beginning,
if you would, sir.

We were cruising at 12 knots.

The Greek ship approached
us on our port beam.

A little farther forward.

Then, they ordered
us to stand clear.

And what was your action?

AGAZI: Using our signal
lights, I identified our vessel

and informed them
we were conducting

a NATO transit exercise.

How did they respond?

They repeated their order.

I immediately changed course.

RABB: Immediately?

Your communications log

indicates messages
from the Naxos

over a period of eight minutes

before you changed
course, Captain.

I had to determine that
the other ship was not

a participant in the exercise.

Well, hadn't they
identified themselves

as a Greek warship, Captain?

AGAZI: It is common to use
cover and deception tactics.

It could have been the
other team... pretending.

Pretending by turning on their
lights and breaking EMCON.

AGAZI: It is possible.

Captain, are you familiar
with paragraph nine

of your op orders?

I am familiar with
the op orders,

not with paragraph numbers.

Captain, would you please
read the highlighted portion?

"Any participant breaking EMCON
for other than an emergency

"will be disqualified

and directed to vacate
the operations area."

So, had the other
ship been a participant,

they would have
already been disqualified

by turning on their
lights, isn't this true?

Yes.

RABB: So, did you
wait the eight minutes

because you
didn't want to forfeit

the exercise, or because

you didn't understand
the rules, Captain?

I did nothing wrong.

RABB: Captain,
aren't you currently

the subject of an investigation

by Turkish naval authorities?

They are investigating, yes.

So, during this eight minutes

that you were
doing nothing wrong,

how much did the gap between
you and the Naxos close?

I am sure you will tell me.

No, Captain, I'd
like you to tell me.

What was the distance
between your ship and the Naxos

when they first ordered
you to stand clear?

9,000 yards.

RABB: And what was the
distance when you finally complied?

1,000 yards.

Leaving you only
one direction to turn

in which to avoid a
collision with the Naxos.

I ordered the Turks
to change their course

before I approached them.

But then you deliberately
steered towards another ship,

violating the most basic
rule of prudent navigation.

My duty supersedes those rules

when I'm defending
Greek territorial waters.

From a NATO ship
on a NATO exercise?

I had no proof of that.

NATO Southern Command records

show that notification
of the exercise was sent

to your fleet headquarters.

It never reached me.

Your own ship's log shows
the message was received

at 0600 the morning
of the collision.

This message was erroneously
delivered to my chief engineer.

It was only located afterward.

In your first statement
following the collision,

didn't you say that you had
contacted your command

and been told that there
was no exercise in that area?

I thought my XO had
contacted our command.

In fact, he only checked
my own ship's record.

So, isn't it fair to say

that there was dereliction
of duty aboard your ship?

By whom?

By the seaman who
misdirected the message,

the chief engineer
who failed to forward it,

the executive officer
who didn't find it...

And me, Colonel?

MacKENZIE: Isn't it
a fact, Commander,

that if you had
seen the message,

there would have
been no collision?

Objection, Your Honor.

Calls for conclusion.

Sustained.

Would you have
challenged the Gelibolu

had you known
about the exercise?

No.

TINER: Lieutenant, about
your supply requisition...

Not now, Tiner.

I thought you were through
with the Ballard case, ma'am.

Oh, I would be, if the
Brother of the Year over there

hadn't come in two hours late

because of personal reasons,
on the day that I needed him

to get my witness statements.

Yes, ma'am.

(slams phone)

Gunny, this requisition
form you filled out for staples,

I can't tell if that's
a seven or a two.

It makes a difference

between standard
point and chisel point.

Tiner, go away and don't ever
ask me about staples again.

Tiner, sorry,
sorry, it's just...

Listen, you were talking
to Petty Officer Roberts

the other day.

Did he mention
anything about a girl?

ROBERTS: What's going on, Gunny?

Nothing, sir.

Well, you mentioned
my brother's name.

Sir, permission to speak freely?

As you know, sir,

your brother took my
sister out the other day.

So?

He kept her out all night

and I have reason
to believe that

his behavior was...
less than honorable.

What, did your
sister tell you this?

No, sir. He did.

MIKEY (on voice mail):
Hey, Val, guess who?

It's the guy who
drooled all over your lap.

Uh, sorry I couldn't go
all night last time, but, uh,

if you want to give
me a second chance,

I'll be back in town on
Friday. All right. Later.

(hangs up, voice mail beeps)

CHEGWIDDEN: Dark, foggy
night, ships running without radar...

sounds like a dangerous
exercise, Admiral.

All exercises
have a risk factor,

but the op orders

were to reduce
speed to five knots

if visibility was
below 200 yards.

Did Commander Merrick
comply with that directive?

Apparently not.

CHEGWIDDEN: Who
do you think is responsible

for the collision between
his ship and the Gelibolu?

RABB: Objection. That's
what this proceeding

is meant to
determine, Your Honor.

Your Honor, this is
the 23rd NATO exercise

Admiral Picato has directed.

He's more than qualified
to express an opinion.

I agree. Objection overruled.

PICATO: I believe Commander
Merrick displayed bad judgment

in approaching the
Gelibolu as he did.

I believe he's exercising
bad judgment now,

in attempting to shift blame
to everyone but himself.

Move to strike, Your Honor.
Nonresponsive and irrelevant.

Granted.

Members will disregard
the last statement.

No more questions.

Admiral, if the captain is
responsible for everything

that happens aboard his ship,

it should follow that
an exercise commander

would be responsible
for everything

that happens during an exercise.

There are limits to command
responsibility, Commander.

I was 200 miles away.

Well, isn't it a fact, sir,

that the prosecution of
Commander Merrick occurred

after a meeting of
high-level officials

from several NATO countries?

We had all gathered, including
your Secretary of the Navy,

to discuss an
incident that involved

several of our member nations.

Including Greece and Turkey.

Objection. Relevance.

Your Honor, if you'll allow me

a little leeway, sir,

I believe I can
establish relevance.

I'll give you the benefit
of the doubt, Commander,

for the moment.

RABB: Thank you, sir.

Admiral Picato, hasn't the fact

that Greece and Turkey
are historic enemies

complicated the mission of NATO?

They have their differences,
but, uh, they get along.

Were they getting along

last October, when
Turkey blocked Greek jets

involved in a NATO exercise

from flying over
two Aegean islands?

No.

They were not getting
along last October.

And when the incident in
discussion here occurred,

wasn't there special concern,
sir, because it once again

involved Greece and Turkey?

No.

No, even though the Greek

and Turkish Prime Ministers

issued statements immediately
following the collision

blaming one another?

They are politicians, Commander.

Well, isn't NATO a
political organization, sir,

as well as a military one?

Ho, ho, ho, it lives!

I'm going to sleep for 12 hours.

I thought you were used to
getting up at the crack of dawn.

Yeah, well, I need
to save up my energy.

Good idea.

Harriet and I got lots of
plans for this weekend.

We figured we'd all go hiking

on the Appalachian
Trail on Saturday,

maybe go to Annapolis, do some

antiquing on Sunday...

I was kind of planning
on staying in town.

What, and miss out on
all this great weather?

Um...

"Weekend snow expected."

Oh... well, we
could go to Baltimore

and hammer some crabs.

I sort of have a date.

With Valerie Galindez.

Maybe. Why?

Well, Gunny's kind of...
worried about you and her...

We just like to hang out.

I mean, she's cool and
all, but it's just... you know?

Mikey, Gunny's sort
of overprotective.

She can handle him.

She can?

I can, too... what's
he going to do to me?

Break your arms.

I don't care.

You don't care that he's
going to break your arms?

Bud, don't laugh, but...

I think I might be in love.

When you emerged from
the fog and saw the Gelibolu,

what were your strike options?

Withdraw to missile firing
range, sir, or approach

and use the 76 millimeter gun.

And which option did
Commander Merrick choose?

To move in and use the gun, sir.

At that point, did you have
a conversation with him?

We had many decisions
to make, sir... I'm sure

we had several conversations.

Did any of those conversations

relate to Commander
Merrick's order to approach?

It's possible, sir.

Your Honor, permission
to treat as a hostile witness.

Granted.

Isn't it true

that you disagreed with
Commander Merrick's order?

I don't recall, sir.

Do you want me to bring
in three crew members

who heard that
conversation, Commander?

You have a promising
career, son, but you could end it

in the next 30 seconds.

I suggested we withdraw
to missile-firing range, sir.

Why?

To keep out of range
of their close-in guns, sir.

Any other reason, Commander?

Yes.

To minimize the
risk of a collision.

Thank you.

You had another
disagreement with the captain

after the collision,
didn't you, Commander?

BRYANT: Yes, sir.

The captain wanted to send
out boats to aid the Turkish ship.

I thought we should wait

until we assessed the
damage to our own ship.

Even though there
was the possibility

of men in the water.

I know it sounds callous, sir,

but if we began to list
while lowering boats,

some of them would have
hit the hull and capsized,

putting more men in the water,

or worse.

So, what would you have done?

Waited until the situation
stabilized, then sent the boats.

And what was the result of
Commander Merrick's decision?

We saved six
Turkish sailors, sir.

Then it's a good thing
you weren't the captain.

CHEGWIDDEN:
Objection. Argumentative.

Your Honor, this goes
to the witness's credibility.

Lieutenant Commander
Bryant does not understand

the risks inherent
in command, sir.

He's ending his career
with those questions.

He's trying to save yours.

JUDGE: Objection overruled.

I'll allow the line
of questioning.

How long would you have waited

to put boats in the
water, Commander?

Your Honor! Your Honor...

defense requests a recess.

Now?

Yes, sir.

JUDGE: Very well.

Ten minutes. (pounds gavel)

What the hell is going on?

I can't allow you

to crucify him in
order to save my neck.

Commander, his
testimony is damaging.

We have to do this.

No.

No, we don't.

It's over.

You make me a deal.

SECNAV: Thank you.
Keep me informed.

Well, that's one
piece of good news.

They've located the last
missing Turkish sailor.

He's been in a military
hospital in Turkey

since the day
before the collision.

He wasn't even on the ship?

Apparently not.

How's the trial going?

Commander Merrick
wants to make a deal.

Two pieces of good news.

I just need to know
what we can offer.

I think dismissal,
forfeiture of pay

and a few years imprisonment
will make the point.

A few years?

Couple years.

He has to do some time.

I'll leave the details
to your discretion.

Yes, sir.

What's happening
with the investigation

of the Turkish and
Greek captains?

They're back on their ships.

Neither of them is
going to be charged.

Wha...? You told me they
were going to be dealt with.

That was my
understanding at the time.

Was it, sir?

Yes, it was.

If we're done here,
I'm late for a meeting.

Mr. Secretary...

It hardly seems fair

Commander Merrick
should take all the blame.

Commander Merrick drove
his ship into another ship.

The captain of which
was derelict in his duty

as was the captain of
the third ship involved.

With all due respect,

when you, when you
assigned me this case,

I was under the impression
that I was serving the law,

not joining some damn lynch mob.

A.J., now, you think
it was up to me?

I thought you looked after

the interests of
your people, sir.

You think that I alone
make the decisions

when the future of
NATO is at stake?

If the Greeks and the
Turks are threatening

to tear the alliance
apart, then we've got to do

what we've got to do
to make sure they don't.

"We."

You got your marching
orders, Admiral.

I got mine.

RABB: These terms
seem a little harsh, sir.

The prosecuting
attorney doesn't decide

what terms are
acceptable, you know that.

How much brig time, sir?

(sighing)

Oh, six months would do.

Well, Admiral,
against our advice,

Commander Merrick has indicated

that he would accept
something along that line.

All right, then, we're all set.

I suppose so.

I'll let the SECNAV know.

On second thought, those
terms are not acceptable.

You want more brig time, sir?

That's not what I said.

Commander, you and the colonel

are doing a pretty
good job on this trial.

Well, thank you, sir.

We thought so.

CHEGWIDDEN: If I were,
uh, Commander Merrick,

I'd be happy for
you to continue.

Sir, he's given us specific
instructions to stop.

Perhaps we don't
have to stop just yet.

CHEGWIDDEN: Well...

whatever you think's best.

Gunny, can I talk
to you for a minute?

Yes, ma'am.

You need to take a deep breath

count to ten... whatever.

Ma'am?

You're worried
about your sister.

Your Marine training teaches
you to take direct action.

In this case, bad career move.

Good news: take
a look at your sister.

Take a look at Mikey Roberts.

Same league?

(chuckling)

What, exactly, are
you worried about?

I understand, ma'am.

I just wish I had a brother
that cared this much about me.

Thank you, ma'am.

Thank you very much.

What?

Ma'am, that was
so... considerate.

Tiner, Mikey Roberts can
eat that girl for breakfast,

for all I care.

As long as the Hatfields
and McCoys are still fighting,

I get stuck with more work.

MIKEY: Hey.

Mikey, hi.

This is, uh, for you.

Oh, thank you.

So, you, uh... ready for lunch?

Sure.

I just wanted to say hi to
Victor. Have you seen him?

Gunny? Um... no,
I haven't seen him.

He's probably around
somewhere, though.

But check this out.

I've got not one, but
two Fatboy Slim tickets

for tonight.

Cool! Can you get three?

Three?

Yeah. This is my boyfriend Ray.

Whassup?

He flew in from New
Mexico to surprise me.

Can you believe it?

Yeah, I can.

Victor.

Valerie.

Roberts.

Sir.

Beasley?

How's it going, Vic?

What a surprise, huh?

VALERIE: He and I and
Mikey are all going out.

Ray rented a Miata.

Okay, what are we looking for?

Something to change his mind.

Whose mind, Merrick's?

The admiral's? SECNAV's?

Somebody's.

Anybody's.

What do we know
about the Turkish sailor

who turned up in the hospital?

Does it matter?

I don't know.

Um...

A day before the collision,
Petty Officer Suleyman Metin

arrived at the military
hospital at Canakkale

with second-degree
burns, concussion

and a broken ankle...

Injuries received
aboard the Gelibolu.

What was his duty?

Uh... electronics technician.

Well, he didn't

get second-degree burns
tripping over a power cord.

Is there anything in
the ship's medical log?

Oh, we don't have it.

They didn't send it over.

Big night planned?

Yeah, bigger than I thought.

(quiet laugh)

Oh, I don't know what
it is about that girl.

That Beasley guy... total loser.

Every guy she brings home
is worse than the one before.

And the more I tell
her what jerks they are,

the more she likes them.

You must love me, then.

No, Roberts, I can't stand you.

I'll tell Val that
every chance I get.

Did you make the deal?

Almost. There's just
a few minor details

to be worked out.

Then why are you here?

Sir, we've uncovered
new information

about the Turkish ship
involved in the collision.

Oh?

The day before
the exercise began,

the radar aboard
the Gelibolu went out.

A petty officer

went up to check the dome.

The radar came on
suddenly, burning him,

causing him to
fall from the tower.

I trust the Turkish safety
investigators are investigating.

MacKENZIE: With an intermittent
and undiagnosed radar fault

on one of the
participant ships, sir,

the NATO exercise
should, under op orders,

have been postponed.

But the commander
of the exercise,

Admiral Picato,

apparently was eager
to conduct the games

before the end
of his fiscal year.

There is a possibility, sir,

he colluded with
the Turkish cabinet

to keep the mishap quiet.

Where are you
getting all of this?

I made a few phone calls

after they brought
this to my attention.

Was this in

your job description
as prosecutor, Admiral?

Well, Mr. Secretary,
as an officer of the court,

it's my duty to bring forth
any relevant information, sir.

I see.

Did the radar problems

have anything to
do with the collision?

No, sir. Then I don't see

how it is relevant to this case.

Oh, it's not, sir.

That's why we'll be
handing this report off

to the NATO Inspector General.

This could cause some
difficulties for NATO.

But I imagine you realize that.

You mentioned some minor
details remain to be worked out

in Commander Merrick's deal?

MacKENZIE: Yes, sir.

The admiral's informed us
that confinement is required.

We were wondering if
there's any leeway on that, sir.

I suppose you have an
alternative to propose.

RABB: Yes, sir.

Commander Merrick
be allowed to retire

with a punitive
letter of reprimand,

forfeiture of $3,000,
and no confinement.

Fine.

I'll put this through
the proper channels.

MERRICK: She's a good ship, Tim.

If they give it to
you, take care of her.

I will, sir.

Commander.

We stopped by your quarters.

I had some leftover
fitreps to sign.

Loose ends.

I'm sorry we couldn't do
something to keep you here.

Well, I knew I was finished

driving ships the minute that
destroyer crossed our path.

At least I'll be going home

without that long
layover in Kansas.

MacKENZIE: You might not be
going home quite yet, Commander.

Admiral Picato is being
charged with dereliction of duty

in conjunction
with the collision.

Now he's taking the fall?

RABB: It really didn't
matter who it was,

as long as it wasn't
a Greek or a Turk.

(wry laugh)

That stinks, Commander.

You're being called as
a witness against him.

I used to think I might have
what it takes to be an admiral.

You weren't wrong, Commander.

No.

Thank God I was.

Captain departing!