JAG (1995–2005): Season 7, Episode 7 - Ambush - full transcript
While a team of Marines aboard a helicopter gunship has a task to protect a relief convoy during a UN peacekeeping program, the Marine captain in charge exceeds the written rules of engagement by directing the pilot to land and his team to seek to capture the leader of a group of rebel combatants. Six of the Marines then die in an ambush. Sturgis prosecutes the captain for dereliction of duty and negligent homicide. Harm and Bud defend him, who says that he has followed an oral "suggestion" from his colonel. Harm ruffles the feathers of Bobbi by issuing a subpoena for her and by calling her to the stand. Meanwhile Mac investigates a case of an unlikely high-tech peeping tom.
Captain, you're departing
from the mission plan, sir!
I know what
we're doing, Gunny!
I saw the intel
report, Captain!
If your plan is to intercept
Colonel Makani here...
Objection noted,
Gunnery Sergeant!
Put us 50 meters from the bus.
Nose to the west.
Keep it turning, Captain!
(automatic weapons fire)
Ambush!
(yelling)
Gunny!
(screaming)
Cover me!
(yelling)
Winchester One,
this is Elvis Four!
Request immediate
suppressive fire!
LZ Alpha Two!
Request emergency medevac!
I've got casualties!
NEWS ANCHOR:
The White House
still has no comment
on Friday's events
in Sierra Leone
when six U.S. marines
were killed in an ambush.
The attack was orchestrated
by the rebel warlord
Colonel Mohammed Makani
who's been waging
a brutal civil war.
The bodies
of the dead men
have been recovered
except for the helicopter pilot.
(sighs)
The, um...
Marine Captain William Shepard
led the failed attack.
He's been charged
with exceeding his orders.
How, sir?
Uh, have a seat.
The Captain split off
and went in pursuit
of Colonel Makani.
He thought
he could ambush him.
But the rebels
turned the tables.
Do we know the reason
the Captain deviated
from the mission plan, sir?
No, and his division commander
wants us to find out why.
Colonel...
I want you
to handle this matter.
Commander, I'm giving you
the Captain Frutt case.
Domestic disturbance,
Quantico.
Admiral?
Commander, um...
Well, there's no
easy way to say this.
You've had a recent
run of bad luck
and maybe it's
time to take...
well, take a
little break.
Sir, if you're referring
to my last few cases...
Uh, t-they were hardly winnable.
I-I don't think
I need a break, sir.
Look, if we're expecting
any trouble
from Washington over this
I am not without influence
on the hill, sir.
That marine...
was an aviator, Admiral.
That marine was a marine.
No offense, Colonel,
I thought you might enjoy
a little time at Quantico.
As an aviator, I thought you
might enjoy some fresh air.
You know, Colonel, I hate to say
this, but, he may be right.
We may need his friends
in Washington.
That would leave you
with the Frutt case.
What is it, sir?
Uh, "Peeping Tom."
RABB:
Colonel Klesko,
as commanding officer
of the Marine
Expeditionary Unit
you were Captain Shepard's
commanding officer.
What is your opinion
of the Captain, sir?
Captain Shepard's
an MCP Officer.
Came up through the ranks.
Seasoned.
Maybe a bit cocky,
but, uh
he's seen his share
of action.
He's a good
Company Commander.
Did Captain Shepard
exceed orders, Colonel?
The Marine Expeditionary Unit
is there to support
UN peacekeepers
and protect convoys.
Is that a yes, sir?
The Captain made a bad choice.
His helo took ground fire.
That's no excuse
for leading men
into an ambush.
But does what he did rise to
the level of court-martial?
I'm not the convening authority
but in my opinion,
the answer's no.
Six men died, Colonel.
It's called "the fog of war,"
Commander.
Two Distinguished
Flying Crosses-- you of all
people should understand.
You get shot at
your instincts
are to shoot back.
I can't excuse
what the captain did
but I can understand it.
LANIER:
I tried to warn
Captain Shepard, sir.
What did you say to him?
I reminded him of
our mission, sir.
Our op orders were to
stay with the UN relief convoy.
We were to engage
Colonel Makani and his rebels
only if we thought
they posed a real threat.
That wasn't the case?
We did take fire from Colonel
Makani and the rebels, sir.
Do you think that Captain
Shepard exceeded his orders
when he went after
Colonel Makani?
That's not for me to say, sir.
Has Captain Shepard
exceeded orders before?
Twice this month, sir,
the same thing happened.
We were following a convoy,
we broke off to pursue
Colonel Makani
and the rebels.
So this was a pattern.
Sir, every day we fly in there
and the rebels
pop off their AK's.
Now, sooner or later, somebody
was going to get killed
because we have to wait until
we're in some rebel's
cross-hairs before
we could respond.
Colonel Makani was
the problem, sir.
Everybody knew that.
MACKENZIE:
You're telling me this
is the Peeping Tom--
Captain Frutt?
MAJOR MILLAN:
Yes, Ma'am, Captain Frutt.
As in Forward Remote Unmanned
Tracking and Transmission.
Now, we didn't realize
that the unit was UA
until we had gotten a call
that someone had taken it
for a joy ride.
A woman caught the unit
surveilling her 17 year-old
daughter Saturday night.
Surveilling?
Observe.
(small motor revving )
Now, the signal can
transmit to any receiver
if you know
what you're doing.
Uh-huh.
Ah, look at that.
I think he likes you.
Yeah, I-I can see that.
Can the good Captain
stand down now?
Uh, sure.
Sorry, Colonel.
Thanks.
(clears throat )
So, how was the, uh...
Captain apprehended?
Well, the mother
of the 17-year-old
got in a lucky shot
with a broom.
Hmm, let's hope
our enemies
don't have the
same technology.
Look out!
(motor accelerates )
Sorry, ma'am, sir.
Well, we're still trying to
work out the bugs in that one.
ROBERTS:
Oh, sir,
Captain Shepard's here.
He's up in the conference
room waiting for you.
Okay.
FYI on his OQR:
The Captain served in
the Gulf as a corporal
in a recon unit.
Later he did peacekeeping in
Somalia and the Balkans.
Last month, he was sent
to Sierra Leone.
Now, I spoke to some
of his former C.O.'s
and they said that
he's a fine officer,
but that he is prone
to showing excessive
initiative.
How can initiative
be excessive?
During the Gulf War,
then-Corporal Shepard
decided to attack a column
of Republican Guards
and get this--
he walks up
to their tanks
and in one hand
he has a bullhorn
in the other
he has an M-16.
Then he orders the Iraqis
to surrender.
They jump out
of their turrets and run
he calls in a strike,
destroying all their tanks.
Sounds like
a cowboy to me, sir.
Afternoon, sirs.
Tiner.
I found something
this weekend, Commander
that may be of use to you, sir.
Really?
I know the last few cases
haven't quite gone your way
and, well, sir,
we all have
times of trouble
when we need
a helping hand.
That's a song, isn't it?
Here, sir,
I want you to have this.
It's pre-velcroed
for your dash, sir.
What is it?
Saint Ivo
of Kermartin, sir.
BOTH:
Patron Saint of lawyers.
What?
Sometimes, Commander,
even the best lawyer
has to make that...
higher appeal, sir.
Thanks, Tiner.
You're welcome, sir.
Oh, you have a visitor,
Commander.
That'll be all.
Aye, sir.
Hang on to this.
Tell Captain Shepard
I'll be with him
in a few minutes,
all right?
Aye, sir.
Make yourself at home.
Well, I used to be on
the Appropriations Committee.
It's a tough habit
to break.
I actually came
to steal you
for a little event
tomorrow night.
Ah, I am not registering
voters at the DMV
if that's what
you're asking.
No, it's a party
at the Willard.
A defense contractor is
unveiling a new missile.
You're kidding.
Please don't make me beg.
Oh, I'll be there.
Good. It's a date.
Oh, say, listen
I've got a friend
who needs an escort.
Can you help me out?
Yeah, I think I know
just the guy.
So far, the Pentagon's request
for the body of Captain Sauter
have gone unheeded.
This morning, Janet Sauter
the mother of the slain
helicopter pilot
made a plea to Colonel Makani.
All I'm asking is that my son's
body be returned to me
so that I can
give him a proper burial.
This whole thing's
going to blow up.
Well, that's what
happens when they
desecrate the body
of a U.S. serviceman
on live TV.
Are you handling
the investigation?
Come on, Bobbi,
you know I am.
It's your committee
that's overseeing
the entire
peacekeeping operation.
Don't try
to oversee me.
Whoa, listen,
I wouldn't even try
to tell you how
to arrange your socks,
but let me
tell you this--
some of us who believe
that we need to be
in Sierra Leone
are worried.
About what?
About Captain
Shepard--
what he did.
Colonel Klesko's already
been recalled
for Q-and-A on the Hill.
The Congress may pull the plug
on the whole operation.
Maybe we shouldn't
have been there
in the first place, Bobbi.
I'm sure a lot of people
are wondering
why we're peacekeeping in Africa
when our own cities
are under attack.
If we pull back from our
responsibilities
in the world, Harm,
then the terrorists win.
Don't tell me
you're going to excuse
what Captain Shepard did?
Hey, if Captain Shepard
is guilty
I'll be the first in line
to prosecute.
See you tomorrow night.
I'll be there.
SHEPARD:
We were flying over
the relief convoy
that night.
That's before
everything went to hell.
We saw the rebels.
They were in technicals,
pickups with fifty-cals
and they were hitting
the convoy.
Was Colonel Makani
with the rebels?
Yes, sir.
So you responded?
We fired over their heads.
They began to run.
That's when one of them
took a potshot
so I decided to go
after them.
Did they continue firing?
They continued
to run, sir.
Sounds to me, Captain,
like you were looking
to start something.
That would be
your opinion, sir.
The rules of engagement
were quite clear.
You could employ
deadly force
only in the event
of a hostile act
or hostile intent.
We took fire.
A bullet came
right through the helo.
I considered
that hostile.
Now, one potshot
does not justify
a full-out counterattack,
Captain.
Six men are dead
as a direct result
of a decision you made.
Six of my men, sir.
Are you aware the kind of
trouble you're in, Captain?
I did what I was asked to do.
My men put up
a hell of a fight... sir.
Your orders
were clear, Captain.
You were to safeguard
the relief convoy--
no more.
My orders...
Those weren't
my only orders, sir.
RABB:
Are you telling me
that Colonel Klesko
ordered you
to go after Colonel Makani?
I'm saying he
suggested it, sir.
How do you "suggest"
an order, Captain?
Last month there was
a briefing on our LHA--
the Buckner Bay.
That's our assault ship
off the coast of Sierra Leone.
Onboard, Colonel Klesko
briefed us on our orders.
Later, he called
me aside.
What did he say?
Colonel Klesko said,
"If you can get a clean shot
"at Makani
within spitting distance
of the rules of engagement,
go for it."
The two prior missions--
the failed attempts
to capture Makani...?
I was following orders, sir.
You went in without
armored support, Captain.
You knew
the risks.
Yes.
And I've had to live
with the results.
WOMAN:
I was making cinnamon swirls
when I saw it.
That thing, hovering,
like some kind of a...
possessed insect, right outside
my little girl's window.
Mom, what's the big deal?
The big deal
is your virtue.
Well, my virtue could
care less if some creep wants
a picture
for his wall.
Vanessa, has anyone made any
unwanted overtures recently?
Guys make overtures
all the time.
Especially at
construction sites.
I'll bet it's one of
those pimply perverts
from the video store.
Oh, if only your daddy
wasn't in the Indian Ocean...
Mom.
Uh, any particular pimply
pervert, Mrs. Dupree?
What was the name
of that boy
that came over...
that did the magic tricks
where he was smelling
the magazines?
Vincent's nice, Mom.
Besides, he's visiting
his aunt in Sioux City.
Colonel, how far
can that remote go?
Ah, Sioux City is
a bit of a stretch.
Well, I want this sicko
brought up on charges.
I want you to find
him, and when you do
I want you to throw
the book at him.
I will certainly see
what I can do.
(whispers ):
Thank you.
SIMS:
Sir, I was at the bookstore
yesterday, and if ever
there was a book
with your name
all over it
it was this one.
It's signed.
Commander of the Fleet.
Oh, I got this
one, too, on sale.
"Nine Secrets
of Highly Effective Lawyers."
Yes, sir, I think
you'll find
the part about
eye contact
and voice projection
really helpful.
Is there something wrong
with my vocal projection?
No, sir, you have
great timbre.
Oh, it's the eyes, then.
No. No, sir.
You have, um... very
clear, sharp eyes.
So, it's
the seven other secrets?
No, sir, I just...
I overheard some of
the staff talking
that, you know, you've had
a little bad luck in
the courtroom lately.
So, I thought...
On second thought, sir,
you don't even need this.
I'll just take it back.
No, no, no.
I'll find a use for it.
It was very thoughtful
of you.
Thank you.
You're welcome, sir.
ROBERTS:
Sir?
Oh, hey.
I have this book.
Harriet gave it to me
after I lost
my first... case.
Uh, I pulled Colonel Klesko's
record, sir.
It's impeccable.
He won the Navy Marine Corps
Medal in Lebanon.
His recon company spearheaded
the rescue mission
for the wounded Marines
in the barracks bombings.
And he personally
helped set up
a medical triage
at the airport in Beirut
and spent 72 hours without sleep
helping the medevacs.
So, we've got a highly
decorated war hero's word
versus a cowboy who
points M16s at tanks.
Yeah. Captain's case looks
kind of weak, sir.
But I did find
one thing out.
Colonel Klesko
was summoned
to the National Security
Subcommittee
in a closed-door hearing
last month.
What about?
Well, it's a closed-door
hearing,
but isn't that Congresswoman
Latham's committee, sir?
RABB:
I find it hard to believe
you lost any precincts.
Well, this isn't exactly
my "get out the vote" outfit.
I wouldn't sell
the electorate short, Bobbi.
In that outfit,
you'd get my ballot.
(whispers ):
Hi.
So, I understand that
Colonel Klesko
appeared before
your committee
last month.
Can't a girl have
any secrets?
The Marines had
casualties
and committee members
were worried
we were getting
in too deep.
So, how did you
make it go right?
The Colonel promised
that he'd put an end
to all casualties
by reducing
our vulnerability
to rebel attacks.
Just how did he
propose doing that?
We didn't ask,
and he didn't say.
Captain Shepard tells
me that Colonel Klesko
ordered him to
go after Makani.
And I was
just thinking
that would be
one way to stop
the attacks.
Harm, I know the Colonel.
He'd never issue
an order like that.
The Colonel's
more credible.
That's what
I put in my
report, anyway.
Good.
Then you're doing
the right thing.
Senator Pick.
Anne.
Lovely to see you
this evening, ma'am.
Thank you. Hello.
Commander.
Good evening.
Do you know
Congresswoman
Latham?
Commander
Turner.
No.
Ms. Latham.
It's Bobbi.
Pleasure.
Well, I hope
we're not, uh
interrupting
you and the
Senator, I mean.
Commander Turner and I
were just discussing
the events
in Sierra Leone.
Marine Captain loses
a few men
and already,
we're thinking pull-out.
Sorry, but what is the point of
a military if we don't use it?
Well, Senator, I don't think
a marine captain marching into
an ambush, is a good example
of, uh, "using our military."
Don't you agree,
Commander Rabb?
(chuckling )
Well, I agree
we'll never
settle this
this evening.
(all chuckling )
No doubt.
If you will all excuse me,
I see someone that I need
to speak to.
Commander Turner,
do you mind?
Not at all.
Bobbi,
Commander.
Ma'am.
May I say, you
look stunning
in that dress,
Congresswoman.
Incoming.
Thank you.
Ah, thank you.
Thank you.
You know what I'm thinking?
Maybe bourbon's
a little more my speed.
Uh, anyone for the bar?
No, we're fine.
We're fine.
There you go, sir.
Bourbon, please.
Right away.
Commander Rabb.
Major Seawell.
It's "Mister," now.
I'm working for
the Greff Corp.
Consulting.
Ah... crossed over
to the dark side, huh?
We all do, eventually.
I read about this Africa thing.
Heard you're doing
the investigation.
I bet everybody's
laying the blame
right at that
marine captain's doorstep.
Well, you know, Frank,
blame usually
finds its owner.
I wouldn't be so sure.
You didn't serve
with Colonel Klesko,
did you?
Yeah.
He was my company commander.
The peacekeeping operation
in Lebanon.
'83?
The year of the
barracks bombing.
It sure was.
During your time under
him, did he ever, uh...
suggest that you
operate outside
the rules of
engagement?
Things happened
in the Bekaa Valley.
After the barracks bombing,
people wanted some payback.
Colonel Klesko one
of those people?
Well...
he was a man
who could get things done.
I'm sure it served him very well
on his climb
up the ladder.
Whatever happened in Lebanon
would you be willing
to make a statement?
(laughing)
No.
I'm not opening
that can of worms.
I've got two ex-wives
and a kid that hates me
to support.
You know...
an officer's career
is at issue here.
I could subpoena you.
Then this chat
never happened.
(cell phone rings)
I've got to go.
Call me when you lose
the uniform.
Commander.
Rabb.
CHEGWIDDEN:
Got some information for you.
Yes, sir.
CHEGWIDDEN:
Division Commander
got your report.
As the convening authority,
he's decided to initiate
court-martial proceedings
against Captain Shepard.
But, sir, I recommended
a letter of reprimand
and non-judicial punishment.
CHEGWIDDEN:
Commander, six men died.
People saw it on television.
Accountability has to be
addressed in a public forum.
The convening authority doesn't
have a choice in the matter.
Well, what are the charges, sir?
Willful dereliction
and negligent homicide.
Six counts
of negligent homicide?
Admiral, he could be looking
at 18 years in Leavenworth.
CHEGWIDDEN:
It's at the discretion
of the convening authority,
Commander.
I'll see you in the morning.
(laughing )
You look like
your cat died.
They're going to court-martial
Captain Shepard.
Well, don't tell me
you're surprised.
I'm surprised.
Well, you wrote
the report on him.
Yeah.
I'm thinking maybe
I made a mistake.
Now you're going to
defend the man?
With the captain's consent
that's exactly what
I'm going to do.
CHEGWIDDEN:
So now you want to defend
Captain Shepard?
He's being
scapegoated, Admiral.
Six marines who died
in Sierra Leone
may have been killed in
Captain Shepard's raid
but not on his orders.
And you're basing this theory on
a drunk in a hotel men's room?
At the bar, sir.
What's your strategy?
You can't prove
a verbal order was given.
No, sir, but if
Captain Shepard received
an order
from Colonel Klesko
off the record
I'm betting others
have received a similar order.
Pretty thin.
REPORTER:
The body of Marine Captain
Marcus Sauter was laid to rest.
His mother's weeklong campaign
for the return
of her son's remains
came to a close yesterday when
the rebel's acquiesced.
Her son's finally come home.
REPORTER:
This is the sixth funeral
at Arlington
in the past two weeks...
TURNER:
Gunnery Sergeant, it's your
testimony that Captain Shepard
chose to launch an attack
on Colonel Makani?
LANIER:
Yes, sir.
Were the rebels engaging
at the time?
No, sir.
By the time we
chased them, they
had ceased firing.
According to your op order
what were the rules
of engagement?
That we were to fire
only when fired upon
or when hostilities
were imminent.
So, in going after
the rebels, well after
they ceased to engage
was the Captain
exceeding his orders?
Yes, sir, I believe he was.
Can you tell us
why he did so?
The Captain wanted to get
Colonel Makani.
We had chased him twice before,
but he had gotten away.
Captain Shepard was frustrated.
And how was this evident?
He pinned up
"wanted" posters
in the company office
with the Colonel's face on them.
We had a bounty--
it went up every week.
It was kind
of a joke.
We actually got up
to 90 bucks.
90 bucks.
90 bucks--
it cost six lives.
Thank you, Gunnery Sergeant.
Gunnery Sergeant, these "wanted"
posters that you talked about
were they on display
in the company office?
Yes, sir.
Did Colonel Klesko
see them?
Yes, sir,
everyone saw them.
Did the Colonel
object to them?
Not that I know of, sir.
Now, you mentioned
two previous missions
where Captain Shepard
pursued Colonel Makani.
Did Colonel Klesko
know about them?
Yes, sir. I was there
when Captain Shepard
reported to the Colonel.
Did he also report that on
these two earlier missions
he continued to pursue
the rebels
even after
the ceased to engage?
Yes, sir, he reported
everything.
Did Colonel Klesko reprimand
Captain Shepard for this?
No, sir.
Thank you, Gunnery Sergeant.
That will be all.
TURNER:
Colonel Klesko,
what were your orders?
Our orders for the mission were
to protect the relief convoys
with Cobra gun ships in the air,
and Marines on the ground.
Did you give Captain Shepard any
commands, verbal or otherwise
that countermanded those orders?
I did not.
Were you aware
of any previous attempts
to capture Colonel Makani?
I knew of no missions with that
expressed intent, no.
When Captain Shepard
led the attack on
Colonel Makani
did you feel he
exceeded his orders?
Yes, I do.
Thank you, Colonel.
JUDGE:
Commander Rabb.
Your Honor, I have no
questions at this time
but I would like the right
to recall this witness
at a later date, ma'am.
Granted.
We'll recess and reconvene here
at 0900 tomorrow.
MACKENZIE:
I talked with Staff Sergeant
Stipple at the main gate
he checked the log.
You were the last
to leave Friday
after stowing
all the equipment.
Well, that's right,
ma'am, but, uh...
I don't know how the toy
got away from the toy makers.
And, you know what,
to be quite honest
these tech guys tend to be
a little bit flaky.
Major, I have a
very good nose
for when people
are lying to me.
Colonel, I am not
a Peeping Tom.
My nose is
twitching, Major.
Colonel, the last time
I so much as looked
at a 17-year-old
I was 17.
Okay, 20.
But believe me, I would not
surveil a 17-year-old girl.
What kind of car
do you drive?
Ma'am?
Uh, Ford Explorer.
This afternoon I was
talking to one of
the flaky tech guys.
He was testing an infrared
camera on Friday evening.
He saw a Marine carrying a box
to a white Ford Explorer.
It's my daughter.
She's been sneaking out
late at night
and her grades
have been slipping.
I was just borrowing
the unit.
I just wanted
to catch her.
So, you set up
a surveillance cam?
I was going to.
I put the unit in the car,
someone broke in and stole it.
I did not spy on any teenage
girl, ma'am.
Who has access
to your car?
Well, uh...
I have a wife,
four kids, and a dog.
They all have access.
Anyone in that group
that you could
single out for me?
(door opening)
Boy made a fortune
in high-tech.
Son...
we need to talk.
ROBERTS:
Commander, as the Buckner Bay's
Air Boss, you oversee
air operations?
That's correct.
Sir, did you oversee
the loading
of air-to-ground
rocket pods
on the Supercobra
gunships?
Yes, I did.
Who gave that
order, Commander?
There was no written order.
Colonel Klesko suggested it.
Well, did he give any kind of
explanation as to why, sir?
He said there was a possibility
the boys might see some action.
Sir, can you explain why
internal fuel bags
were loaded
onto the Hueys?
Colonel Klesko wanted to
maximize the helo's range.
Why would you need so much range
on a peacekeeping mission, sir?
The Colonel said he wanted the
helos to have the flexibility
to fly deeper
in country.
Was there a written order
for that, Commander?
No, that's the way he wanted
the aircraft configured.
Hmm.
Colonel didn't like to leave
a paper trail, did he, sir?
Objection.
Withdrawn.
BOY:
It was easy.
Just dialed the frequency
on my dish, and... voila.
MACKENZIE:
Voila, felony.
This isn't
a video game, Brad.
Why is it so out of focus?
What were you thinking?
I see Vanessa everyday.
She's smart, pretty.
Guess I just wanted to...
hang out.
You mean hover?
So, what happens now?
You're grounded,
mister.
Unplug the computer.
For the next two months,
you're going low-tech.
I'll have a talk
with the girl's mother
but I think
you need to apologize.
Can't I just e-mail her?
No. You're going to have to
face the music like a man.
Your dad's right.
If you want, I can
drive over there with you.
RABB:
Captain Shepard, why did
you lead the attack
on Colonel Makani
the day in question?
Makani had fired
on my men, sir.
Is that the only reason
you launched an attack?
I felt that was
reason enough, sir.
Captain, did anybody order you
to go after Colonel Makani?
Yes, sir.
I received
a verbal directive.
From whom did you
receive a verbal
directive, Captain?
Colonel Klesko, sir.
And what did Colonel Klesko
ask you to do?
He wanted me to capture Makani.
Now, didn't this contradict
the rules of engagement
for the operation?
Colonel Klesko said
that if I could get a clean shot
at Makani, I should go for it.
And you understood this
verbal directive, Captain,
to be an order?
It was my understanding, sir.
In fact, the Naval
Officer's Guide
is quite clear
on that point,
isn't it, Captain?
Would you please read
for the members
the highlighted portion,
Captain.
"When a senior says,
'I desire' or 'I wish'
"or 'Would you please,'
"remember that the expressed
desires or wishes of a senior
"by custom and tradition
are equivalent to an order."
And, Captain,
by this definition
when you attacked
Colonel Makani and the rebels
you believed you were
following orders.
Is that correct?
Yes, sir.
Thank you, Captain.
Nothing further, ma'am.
TURNER:
I believe the
Officer's Guide
also calls for one
to seek clarification
when receiving such
verbal orders.
Did you get clarification,
Captain?
I didn't see anything unclear
about the directive, sir.
So then, you heard
what you wanted to hear.
RABB:
Objection.
Argumentative.
Withdrawn.
Captain, did you want to
capture Colonel Makani?
Yes, I did.
We all did, sir.
Of course you did.
You even put up your own
"wanted" posters, didn't you.
I was lighting a fire
under my men.
I wanted to
execute my orders, sir.
Ah, yes, the famous
verbal orders.
I find it odd.
No other company commander
reported receiving
any verbal orders
from Colonel Klesko.
Certainly not orders
to attack a warlord.
Can you explain that, Captain?
No, sir.
JUDGE:
Try, Captain.
Why do you think
you alone received
this verbal
directive?
I guess none of
the other commanders
had experience
under fire, ma'am.
(sighing)
Ten years, Counselor.
My client's not
doing time, Sturgis.
We'll plead
to dereliction--
dismissal if adjudged,
but no confinement.
We are talking
negligent homicide.
Careful, Harm.
Don't overreach.
I'll present it to him,
but you saw the members.
We're reaching just fine.
Colonel, you ordered your
Cobras armed with missiles
and your Hueys
to carry extra fuel.
Is that correct, sir?
Yes, that's right.
Why would you
arm your helos
for combat, sir,
on a peacekeeping mission?
I was in Lebanon when
the barracks was bombed.
People worried that
our men were trigger-happy.
so sentries had rifles
with empty magazines.
We know
what happened.
283 Marines died.
I vowed never to let such
a tragedy occur on my watch.
Based on intel reports
did you expect Captain Shepard
to encounter Colonel Makani
the night of the raid, sir?
There was a strong possibility.
Did you want Makani
captured, Colonel?
Yes.
As long as it was done
within the rules of engagement.
"Within spitting distance"
of the rules of engagement--
those were your words,
weren't they, Colonel?
Yes.
And didn't you also
tell Captain Shepard, sir,
that if he could get a clean
shot at Colonel Makani,
he should take it?
I said something to that effect.
So, Colonel,
you were, in fact
widening the rules
of engagement.
Rules are open
to interpretation.
Thank you, Colonel.
That will be all, ma'am.
Redirect, Your Honor?
Colonel, please define for us
what you mean by "a clean shot."
A clean shot means acting
aggressively, but safely
in the best interest
of your people.
It doesn't mean
charging into an ambush
on some quest for vengeance.
Bud, you and the captain
meet me in my office.
Mrs. Sauter.
You're defending the man
who killed my son.
Ma'am...
You're just doing your job,
Commander, I know that.
It's your client
I'm questioning.
When they came
to my door
in their uniforms,
with their hats in their hand
I asked them one thing:
Why did my son have to die...
for nothing?
He was on a
peacekeeping mission.
I'm sorry.
Commander,
I don't need
your apologies.
I want an answer.
At least one person was willing
to try and give me an answer.
Had the decency to...
Read that letter.
You want to know
the saddest part?
Congresswoman Bobbi Latham
isn't even in the military.
There was no reason
for her to feel
that she had to apologize
to me and my family.
She didn't have to
write me that letter.
No, she didn't.
RABB:
All right, Bud, go ahead.
ROBERTS (on phone ):
Yes, sir, I spoke with
the communications officer
from the Buckner Bay.
Colonel Klesko received a series
of encrypted messages--
SPECATS, from
Congresswoman Latham.
RABB:
Did you get copies?
Yes, sir. They were sent through
the Flint Hill COMMSTA.
They're being forwarded now.
Well, I'll make the call
to the judge, Bud.
Looks like we'll be adding
another name
to that witness list.
Nice work, Lieutenant.
Morning, Frank.
What do you want?
You had a pretty
promising career going
in the Marine Corps.
Whatever happened in Lebanon,
you were the one
the Colonel
sent in, weren't you?
Wow, you're quick.
What did Colonel Klesko
ask you do to, Frank?
You probably spent the last
20 years with nightmares, Frank.
Don't have somebody
else spend 18 years
in Leavenworth
for the same reason.
I'm not helping you, Commander.
Then help yourself!
Help yourself, Frank.
MACKENZIE:
Our Peeping Tom turned out
to be a hormonal 13-year-old.
I'm recommending a
non-punitive letter of caution
for Major Millan.
He did intend to return
the drone unit to the base.
What about the boy?
I'm afraid he's facing
a more serious punishment.
You haven't met the mother
of the girl he spied on.
You subpoenaed me to testify?
Well, Colonel Klesko did appear
before your committee.
I thought you might have
some additional information
you wanted to share.
We have no secrets, Harm.
You know what I know.
I'll do what I have to, Bobbi.
Well, then, consider me
a hostile witness.
Congresswoman Latham,
when Colonel Klesko appeared
before your committee last month
he promised to cut casualties
in Sierra Leone.
Did he say, ma'am,
how he planned to do that?
No.
Did you have any suggestions
for the colonel?
It's out of my hands, Commander.
It's certainly not out of your
sphere of influence, is it?
Do you know what a SPECAT
communiqué is, ma'am?
"Special attention,
for your eyes only?"
Yes, I'm familiar with SPECATs.
I know you are.
You sent several to
Colonel Klesko over
the past month.
We obtained them through
the Naval Communications
Center in Maryland.
"Four October: Colonel...
"it's clear that Makani
has become a problem.
"If we can take him without
going in as an occupying force
let's do it."
"Six October:
"Colonel, this
most recent failure
"to capture Colonel Makani
is causing unrest
in the committee."
"Ten October:
"Colonel, polls indicate
capturing Makani
would give our cause
a PR boost."
You were applying pressure
to capture Colonel Makani,
weren't you?
There were many who wanted
to see Makani arrested
the U.N. Secretary General
among them.
Yes, but the U.N. Secretary
General can't help
a Colonel's career
quite like a powerful
Congresswoman can.
TURNER:
Objection.
Withdrawn.
Nothing further, ma'am.
Congresswoman, did you ever
order Colonel Klesko
to take any action against
Colonel Makani?
I'm a civilian, Commander.
Giving orders is not
in my job description.
Thank you, Congresswoman.
Congresswoman, you're excused.
The defense would like to recall
Colonel Klesko
at this time, ma'am.
Colonel, do you recall
receiving messages from
Congresswoman Latham?
Yes.
Did they have any bearing
on your decision-making, sir?
I don't let politicians
determine field decisions,
Commander.
Despite the fact, Colonel,
that your mission in Africa
was highly dependent
upon Congressional support?
Congressional support
is important.
So much so that you promised
Congress to limit casualties
in Sierra Leone,
didn't you, sir?
Yes.
Just how did you plan
to do that, Colonel?
Did you cut back on missions?
I chose more proactive measures.
Like configuring helos
for combat?
I thought it was a good policy.
Now, Congresswoman Latham
wrote to you, Colonel:
"Polls indicate capturing Makani
would give our cause
a PR boost."
Be some PR to have
Congresswoman Latham
standing next to Colonel Makani
in handcuffs, wouldn't it?
Almost worth sending
Captain Shepard on
a hunting expedition.
Objection.
KLESKO:
I'd like to respond to that.
Please.
Commander, I encourage
my people to be aggressive,
but if you're asking
if I ever gave Captain
Shepard a verbal order
to hunt down Colonel Makani,
the answer's no.
Are you familiar, Colonel, with
an incident in Lebanon in 1983
in the Bekaa Valley
where a Marine
recon unit was sent
to attack a Hezbollah
guerrilla leader in his home
and he was killed
along with his family?
Objection, Your Honor.
Relevance?
Colonel's career in Lebanon
has no bearing here.
It goes to pattern of behavior.
Colonel Klesko opened
this avenue, ma'am,
in previous testimony,
when he spoke of his tour
in Lebanon.
I'll allow it.
I remember such an incident.
The Second Lieutenant,
under your command, sir
while you were a captain:
Frank Seawell lead the attack
on the Hezbollah leader
on verbal orders from you, sir.
Isn't that correct?
Colonel, I can call
Frank Seawell in here now
and he will testify
to that fact, sir.
That won't be necessary.
I ordered Lieutenant Seawell
to attack the Hezbollah leader.
The man was responsible
for bombing the Marine
barracks
killing 283
of our people.
According to our
intelligence
he was supposed to be alone.
I regret that he wasn't.
Well, Colonel, right or wrong,
it was an unprovoked attack
in violation of the
rules of engagement.
I did what I thought
was necessary.
But, Colonel
you just testified that you
would never tell your men
to do anything that would
contravene a standing order.
Now, that wasn't
exactly true in
Lebanon, was it, sir?
Not exactly, no.
RABB:
No, sir, and despite
previous testimony
it wasn't true
in Sierra Leone either, was it?
No.
When Captain Shepard
led the raid on Colonel Makani
he did so at your
expressed desire
and your complete knowledge,
didn't he, Colonel?
Yes.
Thank you, sir.
Nothing further, ma'am.
I did what I thought
was necessary.
The accused and counsel
will rise.
You may publish your findings.
Captain William Shepard,
on the charge and specification
of willful dereliction of duty
this court finds you
not guilty.
On the charge and specification
of negligent homicide
this court finds you
not guilty.
This court is dismissed.
Thank you, Commander.
Congratulations, Captain.
Now go home, spend time
with your family.
That's an order.
Aye, aye, sir.
Thank you so much.
Congratulations, Harm.
I don't mind too much,
losing this one.
Sturgis.
STURGIS:
Good job.
Thank you.
You just doomed a mission
that saved thousands
of lives in Africa.
He killed six
marines, Bobbi.
Don't you see
the bigger picture?
I defended my client.
It's the only picture
I'm allowed to see.
Peacekeeping may be
unpopular, Harm,
but it's
the right thing to do.
Colonel Klesko was one of
the few who understood that.
This wasn't a campaign stop,
Congresswoman Latham.
You're his friend, maybe you can
talk some sense into him.
Well, with all due respect,
ma'am, I agree with him.
Can't do peacekeeping when
there's no peace to be kept.
Look, I'm not against
humanitarian missions,
Bobbi, but I am against
politicians
sending people into combat
and not giving them the chance
to defend themselves.
I'm not apologizing
for what I did, Harm.
Do you think the military
is the only place
where superiors suggest
courses of action
and leave you to interpret
the rest?
Are you telling me
that somebody else told you
to send those messages?
I know you had a
job to do, Commander.
There's going
to be an inquiry.
Yes, sir, I've heard.
I might need a good lawyer.
You know where to find me,
Colonel.
Sir, I was thinking of stopping
by the O Club on the way home.
Can I buy you a drink?
No thanks, Commander.
I have five more visits to make.
Well, if you'd like
some company, Colonel...
This is one mission
that can't be delegated
or shared, Commander.
We'll have that drink someday.
Aye, aye, sir.
from the mission plan, sir!
I know what
we're doing, Gunny!
I saw the intel
report, Captain!
If your plan is to intercept
Colonel Makani here...
Objection noted,
Gunnery Sergeant!
Put us 50 meters from the bus.
Nose to the west.
Keep it turning, Captain!
(automatic weapons fire)
Ambush!
(yelling)
Gunny!
(screaming)
Cover me!
(yelling)
Winchester One,
this is Elvis Four!
Request immediate
suppressive fire!
LZ Alpha Two!
Request emergency medevac!
I've got casualties!
NEWS ANCHOR:
The White House
still has no comment
on Friday's events
in Sierra Leone
when six U.S. marines
were killed in an ambush.
The attack was orchestrated
by the rebel warlord
Colonel Mohammed Makani
who's been waging
a brutal civil war.
The bodies
of the dead men
have been recovered
except for the helicopter pilot.
(sighs)
The, um...
Marine Captain William Shepard
led the failed attack.
He's been charged
with exceeding his orders.
How, sir?
Uh, have a seat.
The Captain split off
and went in pursuit
of Colonel Makani.
He thought
he could ambush him.
But the rebels
turned the tables.
Do we know the reason
the Captain deviated
from the mission plan, sir?
No, and his division commander
wants us to find out why.
Colonel...
I want you
to handle this matter.
Commander, I'm giving you
the Captain Frutt case.
Domestic disturbance,
Quantico.
Admiral?
Commander, um...
Well, there's no
easy way to say this.
You've had a recent
run of bad luck
and maybe it's
time to take...
well, take a
little break.
Sir, if you're referring
to my last few cases...
Uh, t-they were hardly winnable.
I-I don't think
I need a break, sir.
Look, if we're expecting
any trouble
from Washington over this
I am not without influence
on the hill, sir.
That marine...
was an aviator, Admiral.
That marine was a marine.
No offense, Colonel,
I thought you might enjoy
a little time at Quantico.
As an aviator, I thought you
might enjoy some fresh air.
You know, Colonel, I hate to say
this, but, he may be right.
We may need his friends
in Washington.
That would leave you
with the Frutt case.
What is it, sir?
Uh, "Peeping Tom."
RABB:
Colonel Klesko,
as commanding officer
of the Marine
Expeditionary Unit
you were Captain Shepard's
commanding officer.
What is your opinion
of the Captain, sir?
Captain Shepard's
an MCP Officer.
Came up through the ranks.
Seasoned.
Maybe a bit cocky,
but, uh
he's seen his share
of action.
He's a good
Company Commander.
Did Captain Shepard
exceed orders, Colonel?
The Marine Expeditionary Unit
is there to support
UN peacekeepers
and protect convoys.
Is that a yes, sir?
The Captain made a bad choice.
His helo took ground fire.
That's no excuse
for leading men
into an ambush.
But does what he did rise to
the level of court-martial?
I'm not the convening authority
but in my opinion,
the answer's no.
Six men died, Colonel.
It's called "the fog of war,"
Commander.
Two Distinguished
Flying Crosses-- you of all
people should understand.
You get shot at
your instincts
are to shoot back.
I can't excuse
what the captain did
but I can understand it.
LANIER:
I tried to warn
Captain Shepard, sir.
What did you say to him?
I reminded him of
our mission, sir.
Our op orders were to
stay with the UN relief convoy.
We were to engage
Colonel Makani and his rebels
only if we thought
they posed a real threat.
That wasn't the case?
We did take fire from Colonel
Makani and the rebels, sir.
Do you think that Captain
Shepard exceeded his orders
when he went after
Colonel Makani?
That's not for me to say, sir.
Has Captain Shepard
exceeded orders before?
Twice this month, sir,
the same thing happened.
We were following a convoy,
we broke off to pursue
Colonel Makani
and the rebels.
So this was a pattern.
Sir, every day we fly in there
and the rebels
pop off their AK's.
Now, sooner or later, somebody
was going to get killed
because we have to wait until
we're in some rebel's
cross-hairs before
we could respond.
Colonel Makani was
the problem, sir.
Everybody knew that.
MACKENZIE:
You're telling me this
is the Peeping Tom--
Captain Frutt?
MAJOR MILLAN:
Yes, Ma'am, Captain Frutt.
As in Forward Remote Unmanned
Tracking and Transmission.
Now, we didn't realize
that the unit was UA
until we had gotten a call
that someone had taken it
for a joy ride.
A woman caught the unit
surveilling her 17 year-old
daughter Saturday night.
Surveilling?
Observe.
(small motor revving )
Now, the signal can
transmit to any receiver
if you know
what you're doing.
Uh-huh.
Ah, look at that.
I think he likes you.
Yeah, I-I can see that.
Can the good Captain
stand down now?
Uh, sure.
Sorry, Colonel.
Thanks.
(clears throat )
So, how was the, uh...
Captain apprehended?
Well, the mother
of the 17-year-old
got in a lucky shot
with a broom.
Hmm, let's hope
our enemies
don't have the
same technology.
Look out!
(motor accelerates )
Sorry, ma'am, sir.
Well, we're still trying to
work out the bugs in that one.
ROBERTS:
Oh, sir,
Captain Shepard's here.
He's up in the conference
room waiting for you.
Okay.
FYI on his OQR:
The Captain served in
the Gulf as a corporal
in a recon unit.
Later he did peacekeeping in
Somalia and the Balkans.
Last month, he was sent
to Sierra Leone.
Now, I spoke to some
of his former C.O.'s
and they said that
he's a fine officer,
but that he is prone
to showing excessive
initiative.
How can initiative
be excessive?
During the Gulf War,
then-Corporal Shepard
decided to attack a column
of Republican Guards
and get this--
he walks up
to their tanks
and in one hand
he has a bullhorn
in the other
he has an M-16.
Then he orders the Iraqis
to surrender.
They jump out
of their turrets and run
he calls in a strike,
destroying all their tanks.
Sounds like
a cowboy to me, sir.
Afternoon, sirs.
Tiner.
I found something
this weekend, Commander
that may be of use to you, sir.
Really?
I know the last few cases
haven't quite gone your way
and, well, sir,
we all have
times of trouble
when we need
a helping hand.
That's a song, isn't it?
Here, sir,
I want you to have this.
It's pre-velcroed
for your dash, sir.
What is it?
Saint Ivo
of Kermartin, sir.
BOTH:
Patron Saint of lawyers.
What?
Sometimes, Commander,
even the best lawyer
has to make that...
higher appeal, sir.
Thanks, Tiner.
You're welcome, sir.
Oh, you have a visitor,
Commander.
That'll be all.
Aye, sir.
Hang on to this.
Tell Captain Shepard
I'll be with him
in a few minutes,
all right?
Aye, sir.
Make yourself at home.
Well, I used to be on
the Appropriations Committee.
It's a tough habit
to break.
I actually came
to steal you
for a little event
tomorrow night.
Ah, I am not registering
voters at the DMV
if that's what
you're asking.
No, it's a party
at the Willard.
A defense contractor is
unveiling a new missile.
You're kidding.
Please don't make me beg.
Oh, I'll be there.
Good. It's a date.
Oh, say, listen
I've got a friend
who needs an escort.
Can you help me out?
Yeah, I think I know
just the guy.
So far, the Pentagon's request
for the body of Captain Sauter
have gone unheeded.
This morning, Janet Sauter
the mother of the slain
helicopter pilot
made a plea to Colonel Makani.
All I'm asking is that my son's
body be returned to me
so that I can
give him a proper burial.
This whole thing's
going to blow up.
Well, that's what
happens when they
desecrate the body
of a U.S. serviceman
on live TV.
Are you handling
the investigation?
Come on, Bobbi,
you know I am.
It's your committee
that's overseeing
the entire
peacekeeping operation.
Don't try
to oversee me.
Whoa, listen,
I wouldn't even try
to tell you how
to arrange your socks,
but let me
tell you this--
some of us who believe
that we need to be
in Sierra Leone
are worried.
About what?
About Captain
Shepard--
what he did.
Colonel Klesko's already
been recalled
for Q-and-A on the Hill.
The Congress may pull the plug
on the whole operation.
Maybe we shouldn't
have been there
in the first place, Bobbi.
I'm sure a lot of people
are wondering
why we're peacekeeping in Africa
when our own cities
are under attack.
If we pull back from our
responsibilities
in the world, Harm,
then the terrorists win.
Don't tell me
you're going to excuse
what Captain Shepard did?
Hey, if Captain Shepard
is guilty
I'll be the first in line
to prosecute.
See you tomorrow night.
I'll be there.
SHEPARD:
We were flying over
the relief convoy
that night.
That's before
everything went to hell.
We saw the rebels.
They were in technicals,
pickups with fifty-cals
and they were hitting
the convoy.
Was Colonel Makani
with the rebels?
Yes, sir.
So you responded?
We fired over their heads.
They began to run.
That's when one of them
took a potshot
so I decided to go
after them.
Did they continue firing?
They continued
to run, sir.
Sounds to me, Captain,
like you were looking
to start something.
That would be
your opinion, sir.
The rules of engagement
were quite clear.
You could employ
deadly force
only in the event
of a hostile act
or hostile intent.
We took fire.
A bullet came
right through the helo.
I considered
that hostile.
Now, one potshot
does not justify
a full-out counterattack,
Captain.
Six men are dead
as a direct result
of a decision you made.
Six of my men, sir.
Are you aware the kind of
trouble you're in, Captain?
I did what I was asked to do.
My men put up
a hell of a fight... sir.
Your orders
were clear, Captain.
You were to safeguard
the relief convoy--
no more.
My orders...
Those weren't
my only orders, sir.
RABB:
Are you telling me
that Colonel Klesko
ordered you
to go after Colonel Makani?
I'm saying he
suggested it, sir.
How do you "suggest"
an order, Captain?
Last month there was
a briefing on our LHA--
the Buckner Bay.
That's our assault ship
off the coast of Sierra Leone.
Onboard, Colonel Klesko
briefed us on our orders.
Later, he called
me aside.
What did he say?
Colonel Klesko said,
"If you can get a clean shot
"at Makani
within spitting distance
of the rules of engagement,
go for it."
The two prior missions--
the failed attempts
to capture Makani...?
I was following orders, sir.
You went in without
armored support, Captain.
You knew
the risks.
Yes.
And I've had to live
with the results.
WOMAN:
I was making cinnamon swirls
when I saw it.
That thing, hovering,
like some kind of a...
possessed insect, right outside
my little girl's window.
Mom, what's the big deal?
The big deal
is your virtue.
Well, my virtue could
care less if some creep wants
a picture
for his wall.
Vanessa, has anyone made any
unwanted overtures recently?
Guys make overtures
all the time.
Especially at
construction sites.
I'll bet it's one of
those pimply perverts
from the video store.
Oh, if only your daddy
wasn't in the Indian Ocean...
Mom.
Uh, any particular pimply
pervert, Mrs. Dupree?
What was the name
of that boy
that came over...
that did the magic tricks
where he was smelling
the magazines?
Vincent's nice, Mom.
Besides, he's visiting
his aunt in Sioux City.
Colonel, how far
can that remote go?
Ah, Sioux City is
a bit of a stretch.
Well, I want this sicko
brought up on charges.
I want you to find
him, and when you do
I want you to throw
the book at him.
I will certainly see
what I can do.
(whispers ):
Thank you.
SIMS:
Sir, I was at the bookstore
yesterday, and if ever
there was a book
with your name
all over it
it was this one.
It's signed.
Commander of the Fleet.
Oh, I got this
one, too, on sale.
"Nine Secrets
of Highly Effective Lawyers."
Yes, sir, I think
you'll find
the part about
eye contact
and voice projection
really helpful.
Is there something wrong
with my vocal projection?
No, sir, you have
great timbre.
Oh, it's the eyes, then.
No. No, sir.
You have, um... very
clear, sharp eyes.
So, it's
the seven other secrets?
No, sir, I just...
I overheard some of
the staff talking
that, you know, you've had
a little bad luck in
the courtroom lately.
So, I thought...
On second thought, sir,
you don't even need this.
I'll just take it back.
No, no, no.
I'll find a use for it.
It was very thoughtful
of you.
Thank you.
You're welcome, sir.
ROBERTS:
Sir?
Oh, hey.
I have this book.
Harriet gave it to me
after I lost
my first... case.
Uh, I pulled Colonel Klesko's
record, sir.
It's impeccable.
He won the Navy Marine Corps
Medal in Lebanon.
His recon company spearheaded
the rescue mission
for the wounded Marines
in the barracks bombings.
And he personally
helped set up
a medical triage
at the airport in Beirut
and spent 72 hours without sleep
helping the medevacs.
So, we've got a highly
decorated war hero's word
versus a cowboy who
points M16s at tanks.
Yeah. Captain's case looks
kind of weak, sir.
But I did find
one thing out.
Colonel Klesko
was summoned
to the National Security
Subcommittee
in a closed-door hearing
last month.
What about?
Well, it's a closed-door
hearing,
but isn't that Congresswoman
Latham's committee, sir?
RABB:
I find it hard to believe
you lost any precincts.
Well, this isn't exactly
my "get out the vote" outfit.
I wouldn't sell
the electorate short, Bobbi.
In that outfit,
you'd get my ballot.
(whispers ):
Hi.
So, I understand that
Colonel Klesko
appeared before
your committee
last month.
Can't a girl have
any secrets?
The Marines had
casualties
and committee members
were worried
we were getting
in too deep.
So, how did you
make it go right?
The Colonel promised
that he'd put an end
to all casualties
by reducing
our vulnerability
to rebel attacks.
Just how did he
propose doing that?
We didn't ask,
and he didn't say.
Captain Shepard tells
me that Colonel Klesko
ordered him to
go after Makani.
And I was
just thinking
that would be
one way to stop
the attacks.
Harm, I know the Colonel.
He'd never issue
an order like that.
The Colonel's
more credible.
That's what
I put in my
report, anyway.
Good.
Then you're doing
the right thing.
Senator Pick.
Anne.
Lovely to see you
this evening, ma'am.
Thank you. Hello.
Commander.
Good evening.
Do you know
Congresswoman
Latham?
Commander
Turner.
No.
Ms. Latham.
It's Bobbi.
Pleasure.
Well, I hope
we're not, uh
interrupting
you and the
Senator, I mean.
Commander Turner and I
were just discussing
the events
in Sierra Leone.
Marine Captain loses
a few men
and already,
we're thinking pull-out.
Sorry, but what is the point of
a military if we don't use it?
Well, Senator, I don't think
a marine captain marching into
an ambush, is a good example
of, uh, "using our military."
Don't you agree,
Commander Rabb?
(chuckling )
Well, I agree
we'll never
settle this
this evening.
(all chuckling )
No doubt.
If you will all excuse me,
I see someone that I need
to speak to.
Commander Turner,
do you mind?
Not at all.
Bobbi,
Commander.
Ma'am.
May I say, you
look stunning
in that dress,
Congresswoman.
Incoming.
Thank you.
Ah, thank you.
Thank you.
You know what I'm thinking?
Maybe bourbon's
a little more my speed.
Uh, anyone for the bar?
No, we're fine.
We're fine.
There you go, sir.
Bourbon, please.
Right away.
Commander Rabb.
Major Seawell.
It's "Mister," now.
I'm working for
the Greff Corp.
Consulting.
Ah... crossed over
to the dark side, huh?
We all do, eventually.
I read about this Africa thing.
Heard you're doing
the investigation.
I bet everybody's
laying the blame
right at that
marine captain's doorstep.
Well, you know, Frank,
blame usually
finds its owner.
I wouldn't be so sure.
You didn't serve
with Colonel Klesko,
did you?
Yeah.
He was my company commander.
The peacekeeping operation
in Lebanon.
'83?
The year of the
barracks bombing.
It sure was.
During your time under
him, did he ever, uh...
suggest that you
operate outside
the rules of
engagement?
Things happened
in the Bekaa Valley.
After the barracks bombing,
people wanted some payback.
Colonel Klesko one
of those people?
Well...
he was a man
who could get things done.
I'm sure it served him very well
on his climb
up the ladder.
Whatever happened in Lebanon
would you be willing
to make a statement?
(laughing)
No.
I'm not opening
that can of worms.
I've got two ex-wives
and a kid that hates me
to support.
You know...
an officer's career
is at issue here.
I could subpoena you.
Then this chat
never happened.
(cell phone rings)
I've got to go.
Call me when you lose
the uniform.
Commander.
Rabb.
CHEGWIDDEN:
Got some information for you.
Yes, sir.
CHEGWIDDEN:
Division Commander
got your report.
As the convening authority,
he's decided to initiate
court-martial proceedings
against Captain Shepard.
But, sir, I recommended
a letter of reprimand
and non-judicial punishment.
CHEGWIDDEN:
Commander, six men died.
People saw it on television.
Accountability has to be
addressed in a public forum.
The convening authority doesn't
have a choice in the matter.
Well, what are the charges, sir?
Willful dereliction
and negligent homicide.
Six counts
of negligent homicide?
Admiral, he could be looking
at 18 years in Leavenworth.
CHEGWIDDEN:
It's at the discretion
of the convening authority,
Commander.
I'll see you in the morning.
(laughing )
You look like
your cat died.
They're going to court-martial
Captain Shepard.
Well, don't tell me
you're surprised.
I'm surprised.
Well, you wrote
the report on him.
Yeah.
I'm thinking maybe
I made a mistake.
Now you're going to
defend the man?
With the captain's consent
that's exactly what
I'm going to do.
CHEGWIDDEN:
So now you want to defend
Captain Shepard?
He's being
scapegoated, Admiral.
Six marines who died
in Sierra Leone
may have been killed in
Captain Shepard's raid
but not on his orders.
And you're basing this theory on
a drunk in a hotel men's room?
At the bar, sir.
What's your strategy?
You can't prove
a verbal order was given.
No, sir, but if
Captain Shepard received
an order
from Colonel Klesko
off the record
I'm betting others
have received a similar order.
Pretty thin.
REPORTER:
The body of Marine Captain
Marcus Sauter was laid to rest.
His mother's weeklong campaign
for the return
of her son's remains
came to a close yesterday when
the rebel's acquiesced.
Her son's finally come home.
REPORTER:
This is the sixth funeral
at Arlington
in the past two weeks...
TURNER:
Gunnery Sergeant, it's your
testimony that Captain Shepard
chose to launch an attack
on Colonel Makani?
LANIER:
Yes, sir.
Were the rebels engaging
at the time?
No, sir.
By the time we
chased them, they
had ceased firing.
According to your op order
what were the rules
of engagement?
That we were to fire
only when fired upon
or when hostilities
were imminent.
So, in going after
the rebels, well after
they ceased to engage
was the Captain
exceeding his orders?
Yes, sir, I believe he was.
Can you tell us
why he did so?
The Captain wanted to get
Colonel Makani.
We had chased him twice before,
but he had gotten away.
Captain Shepard was frustrated.
And how was this evident?
He pinned up
"wanted" posters
in the company office
with the Colonel's face on them.
We had a bounty--
it went up every week.
It was kind
of a joke.
We actually got up
to 90 bucks.
90 bucks.
90 bucks--
it cost six lives.
Thank you, Gunnery Sergeant.
Gunnery Sergeant, these "wanted"
posters that you talked about
were they on display
in the company office?
Yes, sir.
Did Colonel Klesko
see them?
Yes, sir,
everyone saw them.
Did the Colonel
object to them?
Not that I know of, sir.
Now, you mentioned
two previous missions
where Captain Shepard
pursued Colonel Makani.
Did Colonel Klesko
know about them?
Yes, sir. I was there
when Captain Shepard
reported to the Colonel.
Did he also report that on
these two earlier missions
he continued to pursue
the rebels
even after
the ceased to engage?
Yes, sir, he reported
everything.
Did Colonel Klesko reprimand
Captain Shepard for this?
No, sir.
Thank you, Gunnery Sergeant.
That will be all.
TURNER:
Colonel Klesko,
what were your orders?
Our orders for the mission were
to protect the relief convoys
with Cobra gun ships in the air,
and Marines on the ground.
Did you give Captain Shepard any
commands, verbal or otherwise
that countermanded those orders?
I did not.
Were you aware
of any previous attempts
to capture Colonel Makani?
I knew of no missions with that
expressed intent, no.
When Captain Shepard
led the attack on
Colonel Makani
did you feel he
exceeded his orders?
Yes, I do.
Thank you, Colonel.
JUDGE:
Commander Rabb.
Your Honor, I have no
questions at this time
but I would like the right
to recall this witness
at a later date, ma'am.
Granted.
We'll recess and reconvene here
at 0900 tomorrow.
MACKENZIE:
I talked with Staff Sergeant
Stipple at the main gate
he checked the log.
You were the last
to leave Friday
after stowing
all the equipment.
Well, that's right,
ma'am, but, uh...
I don't know how the toy
got away from the toy makers.
And, you know what,
to be quite honest
these tech guys tend to be
a little bit flaky.
Major, I have a
very good nose
for when people
are lying to me.
Colonel, I am not
a Peeping Tom.
My nose is
twitching, Major.
Colonel, the last time
I so much as looked
at a 17-year-old
I was 17.
Okay, 20.
But believe me, I would not
surveil a 17-year-old girl.
What kind of car
do you drive?
Ma'am?
Uh, Ford Explorer.
This afternoon I was
talking to one of
the flaky tech guys.
He was testing an infrared
camera on Friday evening.
He saw a Marine carrying a box
to a white Ford Explorer.
It's my daughter.
She's been sneaking out
late at night
and her grades
have been slipping.
I was just borrowing
the unit.
I just wanted
to catch her.
So, you set up
a surveillance cam?
I was going to.
I put the unit in the car,
someone broke in and stole it.
I did not spy on any teenage
girl, ma'am.
Who has access
to your car?
Well, uh...
I have a wife,
four kids, and a dog.
They all have access.
Anyone in that group
that you could
single out for me?
(door opening)
Boy made a fortune
in high-tech.
Son...
we need to talk.
ROBERTS:
Commander, as the Buckner Bay's
Air Boss, you oversee
air operations?
That's correct.
Sir, did you oversee
the loading
of air-to-ground
rocket pods
on the Supercobra
gunships?
Yes, I did.
Who gave that
order, Commander?
There was no written order.
Colonel Klesko suggested it.
Well, did he give any kind of
explanation as to why, sir?
He said there was a possibility
the boys might see some action.
Sir, can you explain why
internal fuel bags
were loaded
onto the Hueys?
Colonel Klesko wanted to
maximize the helo's range.
Why would you need so much range
on a peacekeeping mission, sir?
The Colonel said he wanted the
helos to have the flexibility
to fly deeper
in country.
Was there a written order
for that, Commander?
No, that's the way he wanted
the aircraft configured.
Hmm.
Colonel didn't like to leave
a paper trail, did he, sir?
Objection.
Withdrawn.
BOY:
It was easy.
Just dialed the frequency
on my dish, and... voila.
MACKENZIE:
Voila, felony.
This isn't
a video game, Brad.
Why is it so out of focus?
What were you thinking?
I see Vanessa everyday.
She's smart, pretty.
Guess I just wanted to...
hang out.
You mean hover?
So, what happens now?
You're grounded,
mister.
Unplug the computer.
For the next two months,
you're going low-tech.
I'll have a talk
with the girl's mother
but I think
you need to apologize.
Can't I just e-mail her?
No. You're going to have to
face the music like a man.
Your dad's right.
If you want, I can
drive over there with you.
RABB:
Captain Shepard, why did
you lead the attack
on Colonel Makani
the day in question?
Makani had fired
on my men, sir.
Is that the only reason
you launched an attack?
I felt that was
reason enough, sir.
Captain, did anybody order you
to go after Colonel Makani?
Yes, sir.
I received
a verbal directive.
From whom did you
receive a verbal
directive, Captain?
Colonel Klesko, sir.
And what did Colonel Klesko
ask you to do?
He wanted me to capture Makani.
Now, didn't this contradict
the rules of engagement
for the operation?
Colonel Klesko said
that if I could get a clean shot
at Makani, I should go for it.
And you understood this
verbal directive, Captain,
to be an order?
It was my understanding, sir.
In fact, the Naval
Officer's Guide
is quite clear
on that point,
isn't it, Captain?
Would you please read
for the members
the highlighted portion,
Captain.
"When a senior says,
'I desire' or 'I wish'
"or 'Would you please,'
"remember that the expressed
desires or wishes of a senior
"by custom and tradition
are equivalent to an order."
And, Captain,
by this definition
when you attacked
Colonel Makani and the rebels
you believed you were
following orders.
Is that correct?
Yes, sir.
Thank you, Captain.
Nothing further, ma'am.
TURNER:
I believe the
Officer's Guide
also calls for one
to seek clarification
when receiving such
verbal orders.
Did you get clarification,
Captain?
I didn't see anything unclear
about the directive, sir.
So then, you heard
what you wanted to hear.
RABB:
Objection.
Argumentative.
Withdrawn.
Captain, did you want to
capture Colonel Makani?
Yes, I did.
We all did, sir.
Of course you did.
You even put up your own
"wanted" posters, didn't you.
I was lighting a fire
under my men.
I wanted to
execute my orders, sir.
Ah, yes, the famous
verbal orders.
I find it odd.
No other company commander
reported receiving
any verbal orders
from Colonel Klesko.
Certainly not orders
to attack a warlord.
Can you explain that, Captain?
No, sir.
JUDGE:
Try, Captain.
Why do you think
you alone received
this verbal
directive?
I guess none of
the other commanders
had experience
under fire, ma'am.
(sighing)
Ten years, Counselor.
My client's not
doing time, Sturgis.
We'll plead
to dereliction--
dismissal if adjudged,
but no confinement.
We are talking
negligent homicide.
Careful, Harm.
Don't overreach.
I'll present it to him,
but you saw the members.
We're reaching just fine.
Colonel, you ordered your
Cobras armed with missiles
and your Hueys
to carry extra fuel.
Is that correct, sir?
Yes, that's right.
Why would you
arm your helos
for combat, sir,
on a peacekeeping mission?
I was in Lebanon when
the barracks was bombed.
People worried that
our men were trigger-happy.
so sentries had rifles
with empty magazines.
We know
what happened.
283 Marines died.
I vowed never to let such
a tragedy occur on my watch.
Based on intel reports
did you expect Captain Shepard
to encounter Colonel Makani
the night of the raid, sir?
There was a strong possibility.
Did you want Makani
captured, Colonel?
Yes.
As long as it was done
within the rules of engagement.
"Within spitting distance"
of the rules of engagement--
those were your words,
weren't they, Colonel?
Yes.
And didn't you also
tell Captain Shepard, sir,
that if he could get a clean
shot at Colonel Makani,
he should take it?
I said something to that effect.
So, Colonel,
you were, in fact
widening the rules
of engagement.
Rules are open
to interpretation.
Thank you, Colonel.
That will be all, ma'am.
Redirect, Your Honor?
Colonel, please define for us
what you mean by "a clean shot."
A clean shot means acting
aggressively, but safely
in the best interest
of your people.
It doesn't mean
charging into an ambush
on some quest for vengeance.
Bud, you and the captain
meet me in my office.
Mrs. Sauter.
You're defending the man
who killed my son.
Ma'am...
You're just doing your job,
Commander, I know that.
It's your client
I'm questioning.
When they came
to my door
in their uniforms,
with their hats in their hand
I asked them one thing:
Why did my son have to die...
for nothing?
He was on a
peacekeeping mission.
I'm sorry.
Commander,
I don't need
your apologies.
I want an answer.
At least one person was willing
to try and give me an answer.
Had the decency to...
Read that letter.
You want to know
the saddest part?
Congresswoman Bobbi Latham
isn't even in the military.
There was no reason
for her to feel
that she had to apologize
to me and my family.
She didn't have to
write me that letter.
No, she didn't.
RABB:
All right, Bud, go ahead.
ROBERTS (on phone ):
Yes, sir, I spoke with
the communications officer
from the Buckner Bay.
Colonel Klesko received a series
of encrypted messages--
SPECATS, from
Congresswoman Latham.
RABB:
Did you get copies?
Yes, sir. They were sent through
the Flint Hill COMMSTA.
They're being forwarded now.
Well, I'll make the call
to the judge, Bud.
Looks like we'll be adding
another name
to that witness list.
Nice work, Lieutenant.
Morning, Frank.
What do you want?
You had a pretty
promising career going
in the Marine Corps.
Whatever happened in Lebanon,
you were the one
the Colonel
sent in, weren't you?
Wow, you're quick.
What did Colonel Klesko
ask you do to, Frank?
You probably spent the last
20 years with nightmares, Frank.
Don't have somebody
else spend 18 years
in Leavenworth
for the same reason.
I'm not helping you, Commander.
Then help yourself!
Help yourself, Frank.
MACKENZIE:
Our Peeping Tom turned out
to be a hormonal 13-year-old.
I'm recommending a
non-punitive letter of caution
for Major Millan.
He did intend to return
the drone unit to the base.
What about the boy?
I'm afraid he's facing
a more serious punishment.
You haven't met the mother
of the girl he spied on.
You subpoenaed me to testify?
Well, Colonel Klesko did appear
before your committee.
I thought you might have
some additional information
you wanted to share.
We have no secrets, Harm.
You know what I know.
I'll do what I have to, Bobbi.
Well, then, consider me
a hostile witness.
Congresswoman Latham,
when Colonel Klesko appeared
before your committee last month
he promised to cut casualties
in Sierra Leone.
Did he say, ma'am,
how he planned to do that?
No.
Did you have any suggestions
for the colonel?
It's out of my hands, Commander.
It's certainly not out of your
sphere of influence, is it?
Do you know what a SPECAT
communiqué is, ma'am?
"Special attention,
for your eyes only?"
Yes, I'm familiar with SPECATs.
I know you are.
You sent several to
Colonel Klesko over
the past month.
We obtained them through
the Naval Communications
Center in Maryland.
"Four October: Colonel...
"it's clear that Makani
has become a problem.
"If we can take him without
going in as an occupying force
let's do it."
"Six October:
"Colonel, this
most recent failure
"to capture Colonel Makani
is causing unrest
in the committee."
"Ten October:
"Colonel, polls indicate
capturing Makani
would give our cause
a PR boost."
You were applying pressure
to capture Colonel Makani,
weren't you?
There were many who wanted
to see Makani arrested
the U.N. Secretary General
among them.
Yes, but the U.N. Secretary
General can't help
a Colonel's career
quite like a powerful
Congresswoman can.
TURNER:
Objection.
Withdrawn.
Nothing further, ma'am.
Congresswoman, did you ever
order Colonel Klesko
to take any action against
Colonel Makani?
I'm a civilian, Commander.
Giving orders is not
in my job description.
Thank you, Congresswoman.
Congresswoman, you're excused.
The defense would like to recall
Colonel Klesko
at this time, ma'am.
Colonel, do you recall
receiving messages from
Congresswoman Latham?
Yes.
Did they have any bearing
on your decision-making, sir?
I don't let politicians
determine field decisions,
Commander.
Despite the fact, Colonel,
that your mission in Africa
was highly dependent
upon Congressional support?
Congressional support
is important.
So much so that you promised
Congress to limit casualties
in Sierra Leone,
didn't you, sir?
Yes.
Just how did you plan
to do that, Colonel?
Did you cut back on missions?
I chose more proactive measures.
Like configuring helos
for combat?
I thought it was a good policy.
Now, Congresswoman Latham
wrote to you, Colonel:
"Polls indicate capturing Makani
would give our cause
a PR boost."
Be some PR to have
Congresswoman Latham
standing next to Colonel Makani
in handcuffs, wouldn't it?
Almost worth sending
Captain Shepard on
a hunting expedition.
Objection.
KLESKO:
I'd like to respond to that.
Please.
Commander, I encourage
my people to be aggressive,
but if you're asking
if I ever gave Captain
Shepard a verbal order
to hunt down Colonel Makani,
the answer's no.
Are you familiar, Colonel, with
an incident in Lebanon in 1983
in the Bekaa Valley
where a Marine
recon unit was sent
to attack a Hezbollah
guerrilla leader in his home
and he was killed
along with his family?
Objection, Your Honor.
Relevance?
Colonel's career in Lebanon
has no bearing here.
It goes to pattern of behavior.
Colonel Klesko opened
this avenue, ma'am,
in previous testimony,
when he spoke of his tour
in Lebanon.
I'll allow it.
I remember such an incident.
The Second Lieutenant,
under your command, sir
while you were a captain:
Frank Seawell lead the attack
on the Hezbollah leader
on verbal orders from you, sir.
Isn't that correct?
Colonel, I can call
Frank Seawell in here now
and he will testify
to that fact, sir.
That won't be necessary.
I ordered Lieutenant Seawell
to attack the Hezbollah leader.
The man was responsible
for bombing the Marine
barracks
killing 283
of our people.
According to our
intelligence
he was supposed to be alone.
I regret that he wasn't.
Well, Colonel, right or wrong,
it was an unprovoked attack
in violation of the
rules of engagement.
I did what I thought
was necessary.
But, Colonel
you just testified that you
would never tell your men
to do anything that would
contravene a standing order.
Now, that wasn't
exactly true in
Lebanon, was it, sir?
Not exactly, no.
RABB:
No, sir, and despite
previous testimony
it wasn't true
in Sierra Leone either, was it?
No.
When Captain Shepard
led the raid on Colonel Makani
he did so at your
expressed desire
and your complete knowledge,
didn't he, Colonel?
Yes.
Thank you, sir.
Nothing further, ma'am.
I did what I thought
was necessary.
The accused and counsel
will rise.
You may publish your findings.
Captain William Shepard,
on the charge and specification
of willful dereliction of duty
this court finds you
not guilty.
On the charge and specification
of negligent homicide
this court finds you
not guilty.
This court is dismissed.
Thank you, Commander.
Congratulations, Captain.
Now go home, spend time
with your family.
That's an order.
Aye, aye, sir.
Thank you so much.
Congratulations, Harm.
I don't mind too much,
losing this one.
Sturgis.
STURGIS:
Good job.
Thank you.
You just doomed a mission
that saved thousands
of lives in Africa.
He killed six
marines, Bobbi.
Don't you see
the bigger picture?
I defended my client.
It's the only picture
I'm allowed to see.
Peacekeeping may be
unpopular, Harm,
but it's
the right thing to do.
Colonel Klesko was one of
the few who understood that.
This wasn't a campaign stop,
Congresswoman Latham.
You're his friend, maybe you can
talk some sense into him.
Well, with all due respect,
ma'am, I agree with him.
Can't do peacekeeping when
there's no peace to be kept.
Look, I'm not against
humanitarian missions,
Bobbi, but I am against
politicians
sending people into combat
and not giving them the chance
to defend themselves.
I'm not apologizing
for what I did, Harm.
Do you think the military
is the only place
where superiors suggest
courses of action
and leave you to interpret
the rest?
Are you telling me
that somebody else told you
to send those messages?
I know you had a
job to do, Commander.
There's going
to be an inquiry.
Yes, sir, I've heard.
I might need a good lawyer.
You know where to find me,
Colonel.
Sir, I was thinking of stopping
by the O Club on the way home.
Can I buy you a drink?
No thanks, Commander.
I have five more visits to make.
Well, if you'd like
some company, Colonel...
This is one mission
that can't be delegated
or shared, Commander.
We'll have that drink someday.
Aye, aye, sir.