JAG (1995–2005): Season 7, Episode 10 - Dog Robber: Part 2 - full transcript

After Admiral Boone and Harm fail to negotiate the release of the intelligence plane from the Chinese, a naval aviator destroys the plane. Harm must now defend the aviator's actions in court. Mac investigates claims made by an officers who's training blunders were released to the public. Harm discovers some parts he's bought for his new car, came from his old car.

BOONE:
Birmingham approach

this is Birmingham 2-5.

COD, Ball two-point-five.

LSO:
Roger, Ball.

AIR BOSS:
Line up's good.

BARRETT:
Birmingham approach,
this is Birmingham 4-3.

Lieutenant Barrett's
turning on final, sir.

Hornet, Ball 3-point-5.

LSO:
Roger, Ball.

Do you have any hung ordinance?

Negative, LSO.



All ordinance expended.

XO, have the master-at-arms
arrest Lieutenant Barrett.

Admiral.

Commander, there's a chance
I may need counsel.

Well, you have a gift
for understatement, Lieutenant.

You'll be charged
with everything
in the book.

Admiral, I want you to know,

I buzzed the
airfield first.

I gave them
fair warning.

Lieutenant, as your
prospective counsel,

my advice to you

is to remain silent.

I have nothing to fear
from telling the truth, sir.

Not if you don't mind
spending the next ten years



at hard labor
in Leavenworth.

(TV playing)

TV ANNOUNCER:
Back to Military Bloopers.

Is this exercise
too hard for you?

You want a step stool
brought in?!

Or maybe we should just
mark you absent for the day,

send you home
to your mother!

Captain,
the principle here

is not that complicated.

You lift your head
and you crunch.

Captain, I don't know
how you feel,

but now I'm embarrassed.

You can't possibly tell me
that's the best you can do,

because if you can't
pick them up

and put them down
any faster than that,

there's only one finish line
you're going to be crossing.

(sniffling)

ANNOUNCER:
Stay tuned for more...

(clicks off TV)

RABB:
Do we have a damage
assessment yet, sir?

Initial satellite reports

indicate that the EP-3
sustained a direct hit.

Any loss of Chinese
life, Admiral?

None reported.

Sir, there were 24 minutes

from the time the initial
incident with the MiG

and when it was landed
in Fuzhou and boarded.

So, maybe 60% of the emergency
damage bill was complete

before the Chinese
came aboard.

And, uh, given Lieutenant
Barrett's preemptive strike

how much do you think
the Chinese got?

Best guess, not much.

One more day,
they would have had our codes.

By all rights,

we should be giving
Lieutenant Barrett a medal.

Yeah, only if he was
ordered on that mission

by Captain Hubbard, sir.

Apparently, that was
Lieutenant Barrett's decision.

So, Lieutenant Hildon
gets the medal

for turning the EP-3
over to the Chinese

and Lieutenant Barrett
gets screwed.

Tiner, get...

Good morning, sir.

...me the Colonel.

Wh-Why are you standing
in my doorway?

Because you
wanted to see me.

Is this one of those, um,

ESP moments?

No, sir.

Come in.

Did you happen to catch

the Military Bloopers
show last night?

That's why
I'm here, sir.

Within five minutes of
airing of that damn show

a complaint came over the
sexual harassment hotline

from Captain Sheilah Grantham.

The marine officer in the video.

Charging her C.O.,
Colonel Harry Presser,

with creating a hostile
command atmosphere

by discriminating
against women.

There must be something there,
sir, for a female officer

to make a hotline complaint.

That's why I want
you to look into it.

My bag is packed.

Dismissed.

Aye, aye, sir.

Colonel...

about this psychic thing, um...

I know
it comes in handy;

just don't broadcast it.

You don't want to get
the reputation

as being one of those
um, um... you know...

R-Right. Um... never again, sir.

BARRETT:
What would you have done
in my place, Commander?

What I would have done,
Lieutenant, is irrelevant.

The list of charges
against you will be long.

Article 108, willful destruction
of military property

valued in excess of $100

carries a maximum sentence
of ten years confinement.

Article 90,
willful disobedience

of a superior
commissioned officer:

five years confinement.

Article 92,
violating a general order,

two years confinement
of hard labor:

dismissal from the service.

It adds up, Lieutenant.

But what I did was right, sir.

Lieutenant, you've created
an international incident.

You acted in violation
of navy policy,

and you damn near started a war

between the United States
and China.

I'm sure most Americans
will understand, sir.

Lieutenant, you will have

no less than
five senior navy officers

serving as members
at your court-martial.

While they may sympathize
with your cause and spirit,

I'd be surprised if a single one

condone the fact that
you violated orders.

GRANTHAM:
So, you can imagine, ma'am,

how I felt
when I saw myself on TV.

Or maybe not.

I'm sure nothing
like that

has ever happened
to you, ma'am.

It has, Captain.

My whole life
was the lead story

on the 6:00 news.

Did they make fun of you?

During the course
of a single trial,

Johnnie Cochran
insulted my hairstyle,

Mary Hart talked about
my "body of evidence,"

and opposing counsel
told a national TV audience

that I would make
a better lap dancer

than a lawyer.

Is that why they sent you,
ma'am?

Because you know about
that kind of intimidation?

They sent me because I'm
an experienced lawyer.

My 15 minutes of fame
has nothing to do with it.

Start at the beginning.

Well, ma'am,
for the morning P.T.,

Colonel Presser
set the bar high.

Normally the time
for the women

is three minutes more
than the men.

He insisted
on the same time for both.

That way, a number of women
fell out along the way.

And you were one of them?
Yes.

I am the S-4 logistics officer,
ma'am, and a darn good one.

I'm in okay shape,
but that course was a killer.

So you complained.

I went to Colonel Presser first,
off the record.

The colonel still insisted
on a single standard

for both men and women.

When I fell short,
week after week,

I was subject to mockery.

That had a negative impact
on my ability to lead,

and it was personally hurtful
and demeaning.

How did it come about that
the weekly run was canceled?

General Kruger ordered it,
ma'am.

Did you request
the general do so?

I brought to his attention

that the slow runners
were ridiculed by the fast ones

and that Colonel Presser
intended to keep it that way.

How long after your complaint
to General Kruger

did the video appear
on Military Bloopers?

The next week.

It was payback, ma'am.

Because you complained?

Yes, ma'am. They wanted
to make a fool of me.

"They"?

A-Are you accusing
Colonel Presser?

No.

Then who?

You might want to start
with the Training Chief

Gunnery Sergeant Smith, ma'am.

He's the staff NCO

responsible for
the training schedules.

Do you have a problem with him?

Well, I knew it was his practice

to videotape all segments
of training

as an instructional aid.

BOONE:
So, how are you going
to defend him?

I don't know yet, Admiral.

Are you familiar with the
lighthouse in Hanoi Harbor?

Yes, sir.

It was off-limits.

Its destruction would
constitute a hazard

to third country shipping.

Yeah, you're right.

One of the last
missions I flew,
we took heavy flak.

We lost three air crews.

That unfriendly fire was
directed from an artillery unit

at the base
of that lighthouse.

Now, this happened
every mission,

only we couldn't touch it.

Those were our orders.

So, on the way home,
I sent my wingman on ahead

and I turned back
to that lighthouse.

I fired 2,000 rounds directly
into that flak sight.

Point-blank.

It made a lovely light.

Now, that was in violation

of the international
rules of engagement,

standing op orders,
and possibly the
Ten Commandments,

but for a time, none of our
planes got hit by that site.

Now, knowing
those circumstances,

would you have
brought me up on charges?

That was during
a time of war, sir.

Well, we're at war now.

So, do you respect the point
of international law

when your friends are getting
shot down and killed?

Or worse?

If what happened
spared one man

seven years of hell
in the Hanoi Hilton,

then it was worth it.

It was my father
who took out the lighthouse.

I don't remember saying that.

That's because
you wouldn't, Admiral,

knowing how far
out of bounds Dad had gone.

How can you know that?

You were, what, five
when he was shot down.

Letter tapes he sent home
to my mother.

He also said, sir, that
you could never hide

what you were
thinking or feeling.

If we played poker, sir,
I'd clean you out.

Were you always
this obnoxious?

Yes, sir.

You just never noticed.

So, how are you going
to defend him?

Well, I can't do it
with old war stories.

The larger truth is
on your side, Commander.

Yes, sir.

I just have to get
past the facts.

SINGER:
Welcome back, sir.

We were all worried
about you.

Hmm. Well, that's
reassuring, Lieutenant.

When you have
a moment, sir,

I would love to hear
your side of what happened.

I don't have
a side, Lauren.

It was so exciting.

We were watching
you on the news

and now you're
representing
Lieutenant Barrett.

So what I want
to know is...

What you should know,
Lieutenant,

is that I'm asking
Lieutenant Roberts

to be my co-counsel.

I could have helped out
big-time, sir.

Yes, I'm sure you could,
Lauren, in your fashion.

That's so rude.

REPORTER:
I'm here on the deck

of the supercarrier
USS Thomas Jefferson.

(knocking)
Enter.

This deck has been abuzz
with activity

as flight crews prepare
to take off.

The Seventh Fleet is still
on high alert

following the incredible actions
of Lieutenant Barrett.

The Lieutenant served aboard...

Have a seat.

Yes, sir.

You'll be going up against
Commander Turner in this case.

Well, I'll look
forward to that, sir.

Commander, um, tell me
about Lieutenant Barrett.

I like him, Admiral.

Reminds me a lot of myself
before you straightened me out.

Keeping you squared away is
a lifetime project, Commander.

Yes, sir.

Got a defense lined up?

Still struggling with that,
Admiral.

Getting a lot of pressure
from the Pentagon and the Hill.

What Lieutenant Barrett did

put a major crimp in our
diplomatic relations with China.

That's unfortunate, Admiral.

Of course, it has no bearing
on his guilt or innocence.

Of course, but handling this
quick and clean

is in everyone's
interest.

Now, I expect that you
and Commander Turner

will be sitting down and talking
about a possible deal.

Before I talk
with Commander Turner, sir,

I'd like to spend a little more
time with Lieutenant Barrett.

Get to know him,
see what he's made of.

Well, I think he showed
what he was made of

when he blew up that EP-3.

MacKENZIE:
Why did you videotape
Captain Grantham?

To show the captain
what she was doing wrong.

Not to show the tape
to fellow section personnel?

Well, that
happened, too.

Was there an educational
purpose to those viewings?

No, ma'am.

Mostly we laughed.

There are some
who might consider that

a mark of disrespect,
Gunnery Sergeant.

Subjecting an officer
to ridicule.

Yes, ma'am.

It was a serious error
in judgment on my part.

Besides, that videotape
was never meant

to get out beyond
the few of us.

I regret that.

That marine didn't
deserve to be shamed,

and I am prepared to
face the consequences.

Precisely how did
the tape get seen

by every marine
in the battalion

and into the hands
of Military Bloopers?

Don't know, ma'am.

Gunny, if you have
other tapes

I'd advise you to keep them
under lock and key.

I've recycled
them all, ma'am.

Good. That will be all,
Gunnery Sergeant.

Thank you, ma'am.

Gunny...

I understand that you had
a heart transplant last year.

You do your
homework, ma'am.

Are you 100%?

No, ma'am.
Don't expect to be.

You could submit
for a medical discharge.

Not as long as I can
still stand, ma'am.

Maybe I can't do
all the things I did,

but I can still
train men to fight.

What about women?

If they meet the requirements.

Do you set
the standards

so high that many of them fail?

Colonel Presser sets
the standard, ma'am.

I just put the program together

and keep track
of how my marines are doing.

Now that you've experienced
weakness yourself,

you might try
to understand it in others.

Don't understand it at all,
ma'am.

It was my heart that gave out

not my spirit.

Excuse me, ma'am.

RABB:
How did you get
to the Academy, Lieutenant?

My, uh, father was
navy enlisted, sir,

and so was my grandfather,

so it just seemed natural

that I would compete
for a congressional appointment.

I was the first person
in my family to go to college

or become an officer.

Oh, up until the incident,
your record was exemplary.

Respectfully, I'd argue
that it still is.

So how do you
plan to convince

the members of that fact,
Lieutenant?

The Chinese had our secrets,
sir, and our technology.

I didn't attack the Chinese.

I destroyed our own aircraft.

Were you ordered to do so?

No, sir.

Did anybody else know what
you were intending to do?

No.

RABB:
Not Lieutenant Crawford?

No, sir.

That's why I made up the stuff
about fluid leaking out

of his fuel dump.

I sent him back
to the ship

so he'd have no part of this.

It wouldn't have been fair.

Why did you decide

to address the problem
with force, Lieutenant?

No one else was going to do
anything about it, sir.

You didn't
know that.

The last time the Chinese

took one of our aircraft,

we didn't do anything
about it.

I didn't want that
to happen again.

The last time this happened,
Lieutenant,

we gave the pilot a medal
for saving his crew.

Look, the opposing counsel
is going to come to us

tell us that
we don't have a case.

They're going to offer a deal.

You should
consider it.

No, sir.

No deal.

I want my trial.

All right.

All right, Lieutenant,
but you should know

that I will not put you
on the stand.

Isn't that my decision, sir?

It is, but if that's what
you want, you should look

for another
attorney.

(sighs)

All right, then,
we'll do it your way, Commander.

I'd just like to know
that you're on my side.

Have you interviewed
Captain Grantham?

I have, sir.

What is your opinion?

I've not yet
formed one, sir.

Bull.

Why did you set the
bar so high on the
mandatory exercises?

To separate the men
from the boys.

Not to demean
or humiliate
the women, sir?

No. Some of the women marines
did that to themselves.

Colonel, it's rumored
that you're in line

for a command
at Parris Island.

Are you threatening me?

No, sir.

I deal in facts.

Well, here's a fact.

You're a female.

Yes, sir.

You feel we should have
a lower standard for women?

What I feel is beside
the point, sir.

Is it, Colonel?

You want to know
what kind of a man I am.

And I'm interested
in knowing what
you're made of.

Just what kind of
a marine are you?

If I didn't believe
that women were equal
in the Marine Corps,

I would not be here, sir.

I believe that we all--
men and women--

should be held
to a high standard.

Then ask
your questions.

Are you in line
for a command
at Parris Island?

Yes.

Are you aware
this controversy

may hurt your assignment, sir?

Yes.

Have you changed your mind
about the wisdom of what

No.
you did regarding the
mandatory exercises?

Even after the training video
was shown on Military Bloopers?

I don't watch television.

12 million people watched

Captain Grantham
humiliated, sir.

Then they're idiots.

But it is unfortunate

that videotape
was made public.

Who's responsible
for the release
of that tape, sir?

Don't know.

Thank you for your time, sir.

So, now you'll decide
if charges will be brought?

I'll make recommendations

to the convening
authority, sir.

While you're
"recommending,"

I want you to keep
something in mind.

What's that, Colonel?

We're at war, Colonel.

And we will be at war
for quite some time.

And we need to train
the way we fight

and we can't carry marines
who can't cut it.

The head of your
training section

is Gunnery Sergeant Smith.

He had a heart transplant
last year

but despite
his diminished capacity,

you've kept
him in place.

Isn't that
a double standard?

No. We can't afford
to lose marines like him.

What kind of shape
are you in, Colonel?

I can hold my own, sir.

When did you do
your last P.F.T.?

I'm due.

I can arrange for you to do it
while you're here.

Excellent, sir.

TURNER:
You don't have a case, Harm.

Yeah, well, according
to you, Sturgis,

I've never had
a winnable case.

You represent unusual clients,
my friend.

Everybody's entitled

to the best
possible defense.

Yeah, but you go
that extra mile.

Lieutenant Singer
told me

that you shot off
an automatic weapon

into the courtroom ceiling.

Tell me that's not true.

Unfortunately,
it is.

You know, I'm
her role model.

She told me once.

Oh, well, I'm
sure you are.

That's why she asked
to be my co-counsel

on the Barrett
court-martial.

She likes to work
with the best, huh?

That's why she
asked you, huh?

My man doesn't
want to deal.

Then I've got no
choice but to hit
Lieutenant Barrett

with everything
I've got.

What's wrong?

This is off
my old car.

How do you know that?

These nicks... see?

There.

How can you be sure
it's yours?

That dent.

From my class ring.

So, someone's selling you
back the same steering wheel

they stole off you
in the first place?

How much did
this cost you?

A hundred and change.

Okay, you're dealing

with a company that calls
itself Midnight Auto Supply.

Operate out
of a mail drop.

Nice.

What about
this deal, Harm?

No one wants to see
this kid get slammed,

but, uh, he's got
to do some time.

How long?

A year.

He'll be out in six months
with good conduct.

I'll present it to him,
but I don't think

Lieutenant Barrett's
going to go for it.

What are you going to do,
shoot up the courtroom?

Worked once.

Not this time.

Different world.

REPORTER:
As the eyes of the world fall

on a courtroom in Virginia,
a proceeding unlike any

we've seen before is unfolding:

the court-martial
of Lieutenant Carl Barrett.

Lieutenant Barrett is
the naval aviator

who attacked and destroyed
the American EP-3 aircraft

recently captured and held
by Chinese authorities.

The future
of Lieutenant Barrett,

and perhaps the future
of U.S. relations with China,

will soon hang
on a jury's decision.

First up on the stand will be
Captain Ray Hubbard,

the skipper of the aircraft
carrier

from which Lieutenant Barrett
launched his attack.

TURNER:
Captain Hubbard, did you order
Lieutenant Barrett

to fly into Chinese airspace

and destroy an EP-3 sitting
on a runway at Fuzhou Air Base?

Objection. Assumes facts
not in evidence, Your Honor.

Your Honor, as counsel knows,
I have previously introduced

a videotape of the attack
taken by Chinese soldiers.

Lieutenant Barrett's squadron
and aircraft side numbers

are clearly visible on the F-18
that destroyed the EP-3.

I'll allow the line
of questioning.

Did you order Lieutenant Barrett
into Chinese airspace, sir?

I did not.

Did Lieutenant Barrett
blow up the EP-3

on the runway
at Fuzhou Air Base?

He did.

Did you order him
to do that, sir?

No.

SINGER:
When did you
first realize

there was a problem,
Lieutenant Crawford?

Lieutenant Barrett told me
I had fluids streaming

from my left fuel dump,
indicating a fuel leak.

What did he do then?

He ordered me
to return
to the ship.

Did you tell him
your fuel gauges read normal?

I did.

Did you discuss beforehand

what he was going to do next?

We did not, ma'am.

Did you have any idea

he was going to invade
the Chinese airspace

and destroy the EP-3?

Objection.
Leading the witness.

I'll allow it.

No, ma'am, I did not.

No further questions.

Lieutenant Crawford,
do you have an opinion

about what
Lieutenant Barrett did?

Yes, sir.

That he did good.

And what our country

ought to have done.

No further questions.

SINGER:
Redirect, Your Honor.

JUDGE:
Proceed.

Lieutenant Crawford,

why didn't you do what
Lieutenant Barrett did?

Did you lack the nerve?

No, ma'am.

Then why?

Because it was
against orders, ma'am.

Thank you.

No further questions.

This will be your
second stage, ma'am.

The 200-yard line,
standing to kneeling

two magazines,
five rounds each

with a time limit
of 70 seconds
changing magazines.

Are you ready, ma'am?

I am.

With one magazine,
five rounds-- lock and load.

You may commence firing
when your DOG target appears.

DUNSTON:
The sometimes tenuous
friendship

between the United States and
China has faced setbacks before,

but since Navy Lieutenant
Carl Barrett launched his attack

on an American EP-3 aircraft
on Chinese soil,

relations between
the two countries

have turned decidedly chilly.

In an unprecedented
diplomatic gesture,

Chinese General Shin-Wa Chen
plans to testify today.

General Chen, were you
at Fuzhou Air Base

on the day the American EP-3
was destroyed?

I was.

Did you see the attack?

I did.

The American F-18 came
from the north

and fired two AMRAAMs
at the EP-3.

Did you have aircraft
in the air at the time?

No.

Did you provoke
the attack?

No. in fact, we gave
the EP-3 landing refuge.

Thank you.

No further questions.

JUDGE:
Commander Rabb?

General Chen, why was our EP-3

on the runway
at Fuzhou Air Base?

Your pilot, Lieutenant Hildon,
flew it there.

RABB:
After first being rammed
by one of your

MiG fighters
in international airspace.

That is a matter of dispute.

Now, after the EP-3
had landed at Fuzhou, General,

did you hold the crew hostage?

The crew was briefly detained
for their own safety.

Did you return
the aircraft, General?

No.

We were preparing for it
to be shipped back...

Right, after stripping it first.

Objection.
Facts not in evidence.

Sustained.

Move on, Commander.

Please, General,
give my regards to Lieutenant Li

upon your return.

Lieutenant Li is dead.

We buried him
yesterday

in a quiet ceremony.

JUDGE:
State your name and rank
for the record, sir.

Thomas Boone, Rear Admiral
of the United States Navy.

Admiral Boone, during
your one-year retirement

from the service, did you teach
a class in leadership

at the United States
Naval Academy, sir?

I did.

What are your qualifications,
Admiral?

34 years in the fleet.

What positions of leadership,
sir, did you occupy

during your 34 years of service?

I was a squadron commander,
skipper at Top Gun,

commanding officer
aboard a fleet oiler,

air wing commander
aboard the USS Seahawk,

in addition
to my flag assignments.

The government
will stipulate

to the Admiral's stellar
naval career.

Thank you, Commander Turner.

Admiral, are you familiar
with the expression

"Don't give up the ship"?

I am.

It's a fundamental precept
of the United States Navy.

RABB:
What is the origin of that
expression, Admiral?

BOONE:
Those were the dying words
of Captain Lawrence

of the USS Chesapeake
in his battle with HMS Shannon.

Can you give us an example, sir,
of this principle in action?

Classic battle between American
man-of-war Bonhomme Richard

and HMS Serapis
in which John Paul Jones

when ordered to surrender
his sinking ship, refused,

boarded the enemy vessel

and said, "We have not yet
begun to fight."

21.40.

Not bad for a lawyer.

Not bad for a marine.

Admiral, can you give us
an example of what happens

when this principle of "Don't
give up the ship" is violated?

Yes, I can.

January 23, 1968.

The captain of the U.S.
intelligence-gathering ship

Pueblo, when threatened
with attack,

surrendered his ship
to four North Korean gunboats

without
firing a shot.

Relevance, Your Honor?

I'll allow that.

What was the result

of giving up the
Pueblo, Admiral?

I believe there was
a serious erosion

of this country's sense
of national purpose.

But, more importantly,
for 30 years

that ship's been tied up
at a dock in North Korea.

It's an affront to every man or
woman who's served in the navy.

If I had my way, we'd have gone
in and sunk the damn thing.

Objection, Your Honor.

I'm sure that the admiral
is a fine instructor

and an inspiration
to the middies

but what does this have to do
with the matter at hand?

I'd like to get to that,
Your Honor.

So would I.
Please, get to the point.

Admiral Boone, how do the
actions of the EP-3 crew

handing the aircraft
over to the Chinese

affect your definition of
"Don't give up the ship"?

What the EP-3 pilot did
was in direct opposition

to the tradition
of the United States Navy.

Even though, sir,
there was a risk of loss of life

if the aircraft
had been ditched?

Yes.

That was a chance that this
aircrew knew they were taking.

That's what you sign on for
when you join the navy.

You do not hand your aircraft
over to your enemy

and that's exactly what
this pilot did.

Admiral, you speak
of aggression.

You talk of the Chinese
as our enemy.

On what do you base
these assertions, sir?

BOONE:
Since 1952, Chinese MiGs
have attacked seven

of our intelligence-gathering
aircraft, flying missions

off the coast of China.

18 U.S. Navy crew members
have been lost.

Thank you, Admiral.

Nothing further.

Commander Turner, do you have
any questions for the admiral?

Yes, Your Honor.
Yes, I do.

Admiral Boone, are we bound

by hostilities
with China?

Technically, no.

Are they required
by international law

to give landing refuge

to a crippled aircraft?

Yes.

So, Lieutenant Hildon did
a prudent thing by landing

at Fuzhou Air Base.

That could be argued.

Well, Admiral Boone,
isn't it true

that an aviator is bound
by navy regulation

and not by navy tradition?

I would argue
that he was bound by both.

Would you still feel that
an aircraft should be ditched

if you were responsible
for the lives of 17 crew members

several of them injured?

That would be a tough call,
Commander.

Are you aware,
sir, that after

the first incident involving
an EP-3 landing in China,

the navy awarded
that pilot a medal?

Oh, yeah.

Yes, I am.

Thank you, Admiral.

No further questions.

MacKENZIE:
Colonel Presser.

Colonel MacKenzie.

I've finished
my investigation.

I know you're
under no obligation

to tell me your decision.

There's no reason you
shouldn't know, sir.

It's my belief
that you've created

a hostile
command environment.

You've done this
by setting standards

that the Marine
Corps itself

does not require
women to meet

and you've allowed
your training personnel

to belittle those
women who fail.

I see.

I do not believe punitive
action is required

under the UCMJ, sir.

I wouldn't think so.

However, Colonel,
it will be my
recommendation

that you be
administratively
reprimanded.

Do you suppose I would
compromise my beliefs?

No, sir, that thought
hadn't crossed my mind.

You are effectively
terminating my career.

No, Colonel, you're doing that.

So be it,

but I want you to think
about something, Colonel.

The Marine Corps may not put
women on the front lines,

but someday, somewhere,

a JAG office or motor pool
will be overrun,

and there will be women there,

and then they will have to fight
for their lives,

and I only hope
they are every bit as good

as the men
they are serving with

and if they're not,

then their blood will be
on your hands

and others who think like you.

BARRETT:
How bad is it, Commander?

It's not good.

Admiral Boone made
a great argument.

Well, given the weight
of the evidence

against you, Lieutenant,
it wasn't enough.

Put me on the stand,
then, sir.

If I put you on the stand,
Lieutenant,

you'll have to answer
for what you did.

You'd better
be prepared for that.

Good morning, ma'am.

Gunny.

Scuttlebutt says
you're heading
back to D.C.

You heard right.

Well, it's been a pleasure
knowing you, Colonel.

Ma'am, it may be that
I'll be needing a lawyer.

I'm not recommending charges
against you, Gunny.

That's not what I'm
worried about, ma'am.

But just in case
some bonehead

ever wants to
terminate my career...

I'll be coming to you.

You know where to find me.

Semper fi, ma'am.

Semper fi.

DUNSTON:
In these days,
when the United States

is waging war on terrorism,

the actions
of Lieutenant Barrett

have drawn intense scrutiny.

Our allies, old and new alike,
are watching and waiting

asking themselves
where do America's loyalties lie

and are there limits
to those loyalties

when events put them
to the test?

The disposition of Lieutenant
Carl Barrett's court-martial

may well provide an answer
to that very question.

RABB:
Lieutenant Barrett, did you
destroy an American EP-3

on the main runway
at Fuzhou Air Base

in the Fujian Province
of China?

Yes, sir.

Were you ordered to do so?

No, sir.

Then why, at great personal
risk, would you?

Your Honor,
counsel is editorializing.

Sustained.

Why did you destroy

the aircraft, Lieutenant?

The Chinese committed
an act of aggression

when they attacked
our aircraft, sir,

and while that aircraft
was on the ground in China,

well, our national security
was being compromised.

So, why did you take it
upon yourself

to destroy the aircraft,
Lieutenant?

Because no one else was going
to do anything about it, sir.

Facts not in evidence.

Move to strike, Your Honor.

The members will ignore
the last.

Lieutenant, are you a graduate
of the Naval Academy?

Yes, sir.

Were you taught there never to
give up your ship to the enemy?

Yes, sir, I was.

Is that why you destroyed
one of our aircraft, Lieutenant?

Because of your training?

Because it was the
right thing to do?

Your Honor, counsel is putting
words into the witness's mouth.

I'll allow it, Commander Turner.

BARRETT:
I was taught
that it is in

the highest tradition
of the navy

not to give up the ship, sir.

Thank you, Lieutenant.

Nothing further.

JUDGE:
You may step down,
Lieutenant.

We'll take a recess

and then it's your turn
to cross, Commander.

Thank you, Your Honor.

I'm looking forward
to the opportunity.

Gunny.

Excuse me, Colonel.

I just wanted to
thank you, ma'am.

For what?

For doing the right thing.

Justice has been served,
Captain, but at what cost?

Well, you're making it
better for all women.

No, I'm doing what I have to do
because it's my job--

by the book--
but it's a damn shame

that an officer
like Colonel Presser

will have his career
cut short.

But what he did was wrong.

There were several
wrongs done, Captain.

I made some calls.

You slipped that tape
to Military Bloopers.

Why would I do that, ma'am?

To lend weight to your
accusations against the colonel.

Has it ever
occurred to you

that you might be happier
in civilian life?

TURNER:
Lieutenant Barrett,
why did you blow up an EP-3

on a Chinese runway?

It had to be done, sir.

Regardless
of the consequences?

If I'm found guilty,
Commander,

I'm prepared to pay the price.

What about the cost
to your government, Lieutenant?

Well, I realize
the aircraft was expensive, sir.

That's not what
I'm talking about.

The cost I'm talking about

is the damage
to American/Chinese relations.

The cost I'm talking about

is the increased danger

that another such
incident might occur.

The cost
and the potential loss

of American lives.

Well, that's the price
we have to pay, then, sir.

Who are you to determine
that, Lieutenant?

At the Academy, I was taught
what is right and what is wrong.

You were taught it was right

to fly into sovereign airspace
and fire rockets

whenever the spirit
moves you?

Objection. Counsel is badgering
the witness, Your Honor.

Sustained.

Commander,
let the accused answer

without your heckling him.

Sorry, Your Honor.

Lieutenant, take
all the time you need.

I thought long and hard

and when I was sure
that our hostages were safe,

I returned to finish the job.

TURNER:
What job was that?

Making sure our secrets
were safe, sir.

And are you sure that
you accomplished that end?

No, sir.

But it's likely
that I did some good.

Maybe a lot of good.

"Likely"?

Did you disobey
orders, Lieutenant?

Yes, sir.

Did you destroy
government property?

Yes, sir.

No further questions,
Your Honor.

Redirect, Your Honor?

Go ahead.

Lieutenant Barrett,
did you give the Chinese

advance warning
of your intentions?

Yes, I buzzed the airfield, sir.

Giving them the opportunity
to retreat to safety

and to prepare for your return?

Yes, sir.

Why would you do that,
Lieutenant?

I didn't want to see
anyone killed, sir.

There was enough collateral
damage already.

Thank you, Lieutenant Barrett.

The defense rests, Your Honor.

( knock at door )

CHEGWIDDEN:
Enter.

You wanted to see me, Admiral?

Colonel, don't start.

No, sir, Tiner...

Oh, right.

Have a seat.

Sir, do you think that there
will ever be a female Navy SEAL?

No.

Think there should be?

No.

You look like hell.

Bad haircut?

No. Sorry.

You look unhappy.

Colonel Presser

is a good officer.

But he's gruff and hard-nosed.

Combat arms background.

Yes, sir.

It's his first
Headquarters command.

He has little experience
leading women.

That can be learned.

The question is, can we afford

to lose an officer
like Colonel Presser?

No, sir. Not now.

(sighs)

Sometimes this job really...

Sucks. Yes, it does.

I read your report.

So, Captain Grantham...

Slipped that damn tape
to Military Bloopers, sir.

Charge her, Mac.

Under what, Admiral?

Conduct unbecoming.

That would be
a tough case to make.

Think about it, Colonel.

Someone at
Headquarters

follows the
court-martial.

Maybe he changes his mind

about who gets
the next set of good orders.

Then maybe Colonel Presser
gets a second look.

Thank you, Admiral.

All part of the job.

JUDGE:
You may announce your findings.

Lieutenant Carl Barrett,
United States Navy,

on the charge and specification
of violating Article 92

of the Uniform Code
of Military Justice,

violating an order,

this court finds you guilty.

On the charge
and specification

of violating Article 108,

willful destruction
of military property,

this court finds you guilty.

On the charge and specification
of violating Article 90,

willful disobedience of a
superior commissioned officer,

this court finds you guilty.

JUDGE:
You may announce your sentence.

SENIOR MEMBER:
This court-martial sentences you
to a punitive discharge

of dismissal
from the naval service.

The members are thanked
for their services.

This court's adjourned.

(gavel pounds)

Well, Lieutenant, I...

I wish I could
have done more.

At least it's not Leavenworth,
Commander.

Good luck.

Thank you.

Could have
been worse.

Yes, sir.

I had a little
help from a friend.

You have friends?

(chuckles)

One or two, sir.