JAG (1995–2005): Season 8, Episode 15 - Friendly Fire - full transcript

How's your fuel, Sugar Two?

I show four-point-O, Sugar One.

Another ten minutes,
we'll be headed home.

Hey! Look at those fireworks!

SUGAR TWO:
Someone's firing at us.

Beehive, this is Sugar One.

We're taking ground fire 20
klicks southwest of Kandahar.

Request permission to
hit 'em with 20 mike-mike.

Stand by, Sugar One.

Any reports of unfriendlies
near Kandahar, sir?

Not tonight. Tell
him to stand by.



Hold your fire, Sugar One.

We're checking it out.

I'm going to take a mark.

SUGAR ONE: We got a
couple of vehicles, light artillery.

Whoa. You see that?

SUGAR TWO: See what, Sugar One?

SUGAR ONE: Taking A-A
fire. Declaring self-defense.

Switch is hot,

set to signal release.

Rolling in.

Master arm on.

Hitting pickle.

Bomb's away.

( whistling)



( explosion)

BEEHIVE: Shack! Disengage!

Disengage! Friendlies.

They were shooting at us.

Sugar Two, you saw that, right?

( groaning)

( groans)

CHEGWIDDEN: The Navy's
never filed criminal charges

over a friendly fire incident
in wartime before, until now.

Lieutenant Commander
David Ridley

dropped a Mark 82
laser-guided bomb

on a platoon of
British soldiers...

Three dead, three wounded.

What did the preliminary
inquiry find, Sir?

Commander Ridley did not
have permission from the AWACS

to engage.

What are the charges, Admiral?

Involuntary manslaughter,
dereliction of duty.

You and Lieutenant
Roberts will prosecute.

Yes, sir.

I'll be looking
forward to getting back

into the courtroom again, sir.

Commander Turner, you'll defend.

Aye, sir.

This is a high-profile case.

The media will be
in the courtroom.

Commander Rabb,
since you'll be presiding,

do you have a problem with that?

Judge Rabb?

Well, as an aviator,
I think he has

a certain hands-on
understanding of the issues.

As an aviator, sir, the
commander may be biased

in favor of the pilot.

Then don't be.

Absolutely not, sir.

Commander, Colonel,

I'm counting on both of you

to maintain a certain
level of... decorum?

You'll have no
trouble from us, sir.

That'll be all.

Aye, sir.

You seemed pretty
confident in there, Harm.

Well, I've observed
enough judges.

How hard can it be to be one?

I was referring
to your assurance

that there'll be no sparks
between us in the courtroom.

Well, there won't be.

Yeah, that's what I
thought when I was a judge.

We know what happened then.

Yeah, you started throwing
your judicial weight around

and tried to buffalo
a guilty verdict.

Excuse me, I was the
one showing restraint.

You were trying to
hijack the proceedings

by circumventing the rules.

Your rules.

You were making them
up as you went along.

Oh, no, you don't.

I was following the law.

Well, you can be
sure of one thing...

While I'm in the hot seat,
there'll be no retribution.

No payback?

No.

Good. I'll hold you to it.

The meat loaf not
up to your standards

this morning, Petty Officer?

I'm going to be your
clerk of court, sir.

I thought I'd better
do some reading.

Well, research never hurt
anyone, but a good judge's clerk

will temper book smarts
with common sense.

By the way, I don't expect
you to be a silent partner.

Yes, sir.

What's it say in there, anyway?

"A judge must be a passive
recipient of information,

"a quiet force who is most
effective when nearly invisible.

Commander, Coates.

Mind if we join you?

Unless Your Honor no longer
mixes with lowly trial lawyers.

Now is not a good time to
get on my bad side, Sturgis.

ROBERTS: "A trial lawyer
who becomes a judge

is like a boxer who
becomes a referee."

I never had a judge hit me.

Day's still young.

"It is exceedingly difficult

"for the passionate advocate

to become the
objective observer."

Don't you two have trial prep?

My client's on his way here.

And Colonel MacKenzie is
interviewing our witnesses, sir.

Well, why aren't you with her?

Colonel MacKenzie has
gone out to the Coral Sea, sir.

ROBERTS: Due to my
limited duty status, sir,

I'm kind of landlocked.

TURNER: Are you worried

about being a judge?

Why would I be?

You two have all the work to do.

I'm just an objective
observer, right, Coates?

Right, sir.

You could have told the
Admiral you didn't want to preside.

Why would I do that?
That would be lying.

Millions of years ago,
there were hunters

who killed saber-toothed
tigers with sticks and stones.

Back at the cave,
there were others...

Not so courageous,
but wise and fair...

And they would divvy up
the meat amongst the tribe.

You two don't think I can
"carve the meat" fairly?

You are a natural
born killer, Commander.

MAN: What we have here, Colonel,

is command and control
error, not pilot error.

MacKENZIE: You're part of
command and control, CAG.

And I'm only as good as the
information that I'm provided.

So you didn't know the
British were conducting

a live-fire exercise
near Kandahar?

The Coalition Air Operations
Center never told us.

I briefed my pilots
only on what I knew.

Even without the heads-up
about the British troops,

Commander Ridley is still
bound by the rules of engagement.

Correct. The enemy
is not, however,

bound by any rules whatsoever.

Well, our rules prohibit
deliberately descending

into anti-aircraft range in
order to draw enemy fire.

Commander Ridley
descended to take a mark

of the suspected enemy
position, not to draw fire.

The AWACS never gave
permission to engage, sir.

Colonel, when you
are taking A-A fire,

you do not need permission...

Not from AWACS,
or a JAG officer.

CAG, the anti-aircraft fire
reported by Commander Ridley

turned out to be tracers fired
at ground level by the British.

Well, it all comes back to
intel, doesn't it, Colonel?

No one ever briefed the AWACS

that there were
friendlies in the area.

If the strike controller
had had that information,

there wouldn't have been a
delay in getting the word to Ridley,

and he never would have engaged.

MAN: Given the circumstances,

I believed that
dropping a single bomb

on an apparent enemy
position was both necessary

and proportional.

What circumstances?

There had been unfriendlies
in the area three days prior.

And on two previous
missions, I'd taken incoming.

Doesn't that count
for something?

It would, had you
shot at the unfriendlies

instead of the British.

From 5,000 feet at night,

tracer fire looks like A-A fire.

Ask my wingman, he saw it.

That's another problem...

When I interviewed
Lieutenant Commander Barry,

he said he never
saw the second burst,

the one that
prompted you to fire.

So, he missed it.

He saw the first one.

The British say they
stopped shooting

when they saw you descend.

They claim there
was no second burst.

We need to find a defense
for you, Commander.

BILL O'REILLY: It is absolutely
second-guessing at its worst.

It's hypocritical, unjust, and
dangerous to the country.

A pilot in combat makes
a split-second decision

then is forced to answer
to some pinhead politician

if something goes wrong?

Hey, It's war... Lots
of stuff goes wrong.

You cannot turn an honest
mistake on the battlefield

into a crime,

and you can't treat American
fighting men like criminals

if an accident happens.

Come on. We have a war to fight.

I don't always agree with him,

but he's right... partly.

What part is that, sir?

We do have a war to fight.

And I'm not just talking
about Afghanistan.

I'm talking about a place
that's even more dangerous...

Capitol Hill...

Appropriations.

I'm not sure, I, uh,
see the connection.

The British are screaming
bloody murder, A.J.

That makes senators with purse
strings nervous about funding.

It's tragic, the whole thing.

One grave error,

three young men
pay with their lives.

Now another one's going to
have to pay with his career.

Well, sir, that has
yet to be determined.

Commander Ridley made a mistake.

Now, surely, when it comes to
holding our people accountable,

the Navy's standards are higher

than those of the
court of public opinion.

Our standards are the
same as they've always been,

Mr. Secretary... A
presumption of innocence,

and a fair and impartial
hearing of the facts.

Which is why you appointed
an aviator to sit in judgment

of one of his own?

Commander Rabb is
an excellent attorney,

and I'm sure he'll
make an excellent judge.

I hope you're right.

Yes, sir.

Washington is at least as
much about appearances

as it is about policy.

I told you that I would
fight the good fight

to get the Navy what it needs.

I just hope that this incident
doesn't jeopardize that.

I know you share
that hope with me, A.J.

Yes, sir.

TURNER: Bloodwork showed
amphetamines in your system

after the incident.

That'd be from
the Go-pills, sir.

One pill every two
or three hours in flight.

Plus traces of Benzodiazepine.

No-Go pills, sir.

Sedatives?

Yeah. It's for a combat
nap before takeoff.

You're mixing
stimulants with sedatives.

Everything's prescribed
by the flight surgeon.

These Go-pills... they
make you jittery or nervous?

No, sir. More like
honing my concentration

to a razor-sharp edge, sir.

Good.

Good, just make sure
you tell that to the jury.

( sighs)

All the pilots take anti-fatigue
medication, Commander.

I don't see how
the prosecution's

going to use that against me.

They're not going to, Ridley.

We're going to use
it to get you off...

if we're lucky.

BAILIFF: All rise.

RABB: Please be seated.

This court martial
will now come to order.

Let the record reflect
that the accused,

counsel and Members
are all present.

Is prosecution ready to proceed?

We are, Your Honor.

And the defense?

Ready, Your Honor.

Before we begin, will counsel

please approach the bench?

What's with the
cheering section?

I have no control

over the Secretary of
the Navy, Your Honor.

Well, let him know
that I will not stand

for any displays of favoritism

in my courtroom.

I'll do my best.

All right, let's roll.

Excuse me?

Proceed, Colonel.

Friendly fire.

That's such an
innocent-sounding phrase,

but there's another
term, too... Fratricide.

The killing of one's brother.

In this case, our
brothers in arms,

British soldiers in Afghanistan.

The prosecution will prove

that the defendant,

Lieutenant Commander
David Ridley,

violated the rules

of engagement and
disregarded instructions

from a strike controller
on an AWACS aircraft.

The result... Commander Ridley

recklessly dropped a
precision-guided bomb...

But not on the enemy...

On British soldiers,
killing three.

His excuse?

Well, he claimed
it was self-defense,

that someone was firing at him.

But there are no other witnesses

who can corroborate that.

Colonel, this sounds more like

a closing argument.

Please confine your opening
to a preview of evidence

you plan to submit.

I thought I was, Your Honor.

It's my call, Counselor.

Prosecution will prove

that Commander Ridley is
guilty of dereliction of duty

and involuntary manslaughter.

Thank you.

Friendly fire is a problem
as old as warfare itself.

General Stonewall Jackson,

in the Civil War,

was killed by his own men
on a night-time mission.

During Desert Storm,

nearly 25% of our causalities

were caused by friendly fire.

And while these
losses are tragic,

they're also unavoidable.

Objection. This
is argumentative.

Overruled.

TURNER: It is
against this backdrop

that you will consider the case

of Lieutenant Commander
David Ridley, a decorated

and highly skilled pilot,

who took incoming
fire three days earlier

from the same locale.

MAN ( British accent): We
were positioned in Wadi-East,

a ditch about 25 kilometers
southwest of Kandahar.

And what are your duties,
Lieutenant Whitehall?

Range Safety Officer
for the live-fire exercise.

Will you please tell the Members

what happened that night?

My unit was engaged in
tank-stalking operations.

Were your men firing weapons?

Small arms and
machine guns, Lieutenant.

All at ground level.

And did there come a time
when you observed an aircraft?

There did.

Can you please tell the Members

what happened then?

When we saw the American
aircraft approaching,

I called for a "check-fire."

Did the firing cease?

Ours did, Lieutenant.

But one of the American
jets swooped down

over our position.

Did you transmit
the Coalition Air Ops?

Our generator had
just broken down.

A few seconds later,
the American bomb hit us.

I lost three men.

Lance Corporal Greengrass,
Lance Corporal Weatherall,

Staff Sergeant Porter.

You were injured
in the attack as well.

I was some distance
from the strike, sir.

But clearly not far enough.

Your witness, Commander.

Lieutenant, why did you
tell your men to cease firing

when you saw the
American jets overhead?

We all knew about
the American gunship

firing into that wedding
party at Uruzgan, sir.

Killed 40 civilians.

The wedding party
where the celebrants

were firing small
arms into the air.

Objection, Your Honor.

That incident is irrelevant
to these proceedings.

Your witness opened
the door, Counselor.

Overruled.

Local Afghans were firing
into the air, Commander.

Apparently, that's
how they celebrate.

The American flight crew
wasn't charged with a crime

in that incident,
was it, Lieutenant?

Your Honor.

Now you're pushing it.

Sorry, Your Honor.

During your
tank-stalking exercises,

did your men fire any
weapons into the air?

No, sir.

But they fired from
the wadi floor upwards,

towards a tank on higher ground.

That's correct, sir, yes.

Your machine guns
shoot tracers, don't they?

Every fifth round.

And tracers light
up the night sky.

That's correct, yes, sir.

So your men were firing
small arms and machine guns;

you were trying to
fix a broken generator;

you were worried
about two jets flying over,

and yet you're sure
none of your men fired

after Commander Ridley's plane
descended over your position.

I'm quite sure, sir.

Nothing further.

MacKENZIE: I don't mind
taking an unpopular case.

Public opinion's against us.

The SECNAV wants
a quick hanging.

Turner's a tough opponent.

I can handle all that.

To have to fight the judge, too?

He's completely out of line.

You know,

he's injecting his own opinion,

breaking my momentum
wherever he can.

How much more payback do
you think the guy can dish out?

With all due respect, ma'am,

maybe we should just focus
on what's under our control.

Are you defending him?

Because he is out of line, Bud.

I'm sorry if you can't see that

because of some residual
commander worship.

I think your right, ma'am.

Sometimes the people we
look up to do have feet of clay.

So would you say I
was a passive recipient

of information today?

Sir?

"A quiet force
who's most effective

when nearly invisible"?

Yes, Commander.

Is that what you really think?

I think Colonel MacKenzie's

having a tough
time in there, sir.

And you think that
I'm the cause of that.

I think she might think
you're the cause of it.

Colonel... no, as you were.

I just wanted

to commend you and
Lieutenant Roberts

on just an excellent
job thus far.

Thank you, Mr. Secretary.

I'm a bit surprised

at the apparent
level of hostility

between you and the
commander in the courtroom.

I imagined you might

have a bit more sway.

Well, neither the commander
nor I sway easily, sir.

Well, if I can be
of any assistance

in your pursuit of the truth...

You can, sir.

Really?

I think it would be helpful

if you weren't sitting on
my side of the courtroom

during the proceedings, sir,

in the interest of
eliminating sway.

Mm.

Yes, I can find other ways
to spend my afternoons.

Colonel, again, keep
up the good work.

WOMAN: Commander Ridley asked

for permission to engage.

I told him to stand by.

What did you do next,
Lieutenant Kaufman?

I attempted to ascertain

whether there were any
friendlies in the area, ma'am.

And what did
Commander Ridley do?

He descended,

declared self-defense and
dropped a 500-pound bomb

before I could get back to him.

Your witness.

Nothing at this
time, Your Honor,

subject to my right
to recall the witness.

I have a few
questions, Lieutenant.

Your Honor?

Yes, Colonel?

Nothing, sir.

Wouldn't you normally have
that information available?

What Coalition
troops are in the area?

Yes, sir, but there
was a breakdown.

The British reported
their exercise

to the Coalition Air Ops Center,

but it slipped through
the cracks at the Center

and never got to us.

But Commander Ridley would
have expected to have received

the information
immediately, correct?

Your Honor, I have to object
to the hypothetical question.

You're objecting to my question?

I am, Your Honor.

Overruled.

May we approach?

Sure, come on up.

You may approach.

Your Honor, I object to
your questioning the witness.

The Court has that right,
Colonel, you know that.

Do you have a problem with
my questioning the witness?

No, Your Honor,

but I had planned
to ask the witness

the same questions
later and I still do.

Oh, great, then the
Members get to hear it twice.

Once with the inference that
the judge favors the defense.

That was not my intent, Colonel.

Clarity was.

Well, the effect is to
prejudice the prosecution.

If I'm going to lose
this case, I'd like to do it

without any help from the bench.

What is your problem?

You are, Your Honor.

Respectfully.

First you interrupt
my opening statement,

and then you let defense counsel

refer to another
friendly fire incident

where no charges were filed

and now your questions
of Lieutenant Kaufman

imply that the Air Ops
Center was to blame.

So what do you want, Colonel?

Some judicial restraint, sir.

You're asking me to refrain
from questioning witnesses?

No, Your Honor,

I am asking you
to recuse yourself

on grounds of bias.

BILL O'REILLY: It is
sad and demoralizing

when family members
fight amongst themselves

and that's what is
happening to our Navy

in its unfair prosecution
of fighter pilot David Ridley.

Charged with manslaughter
for a friendly fire incident

in Afghanistan,
Ridley is scapegoat

for bad intelligence,
incompetent allies,

and even the fog of war itself.

Yesterday, things got ugly

when Marine Colonel
Sarah MacKenzie,

the prosecutor,
accused the judge,

Commander Harmon Rabb, of bias.

( horn honking)

Now, I don't know
Commander Rabb,

but he is a hero, a
decorated fighter pilot,

and he has not
bailed out of this case.

So, I'm with the
commander so far.

And to the Navy, I
have only this to say:

Don't put handcuffs
on your fighter pilots.

That will mean
defeat in every way.

( sighs)

I can't discuss the
case, Mr. Secretary.

Of course not.

I would never dream of
asking you to, Commander.

But I... I do have
one question, though.

You've flown in combat.

Did you ever find yourself

in a position like
Commander Ridley was in

in the skies over Afghanistan?

Sir, I can't talk about it.

Oh. As a judge?

As an aviator, I
can't discuss it.

Well, as an aviator,

do you endorse his actions?

Sir, I don't know what I
would or wouldn't have done

without a full understanding
of the context of the situation.

But you're going to have

to render decisions as a judge.

After a careful review of
the facts and the law, sir.

And I suspect

that'll be difficult for you

because you can
so easily put yourself

in the shoes of the accused.

A lawyer is trained to
look at all sides of an issue.

A judge is required to
view the issues objectively.

But I think there
may be more sides

to this than you
realize, Commander.

The cockpit is only one context

in play here.

We're in a war

on terrorism, and we
need to have our allies

standing confidently
alongside us.

I understand that,
Mr. Secretary.

Well, than you also

understand how critical it is

to have accountability
for the death

of three British soldiers.

I will see to it that
justice prevails, sir.

I thought we weren't
going to discuss the case.

Are we? I wasn't aware.

Well, if we are, sir,
it could be construed

as unlawful command influence
and obstruction of justice.

Oh, well, then,
you'd better run.

MacKENZIE: You're the
only one I can turn to, sir.

In the middle of a trial?

Commander Rabb refuses

to recuse himself despite
clear evidence of bias.

An interlocutory
appeal isn't permitted,

so I have to wait until
the end of the trial,

but if Commander
Ridley is acquitted,

the Court of Criminal
Appeals won't hear it,

because the prosecution
can't appeal an acquittal.

It's a catch-22.

That's quite a
catch, that catch-22.

It's the best there is.

This isn't a joke, Commander.

Oh, what is it exactly
you want me to do?

Remove Commander
Rabb from the case.

I don't think I can do that.

Then order him to
recuse himself, sir.

Can't do that, either.

Commander, do you see any reason

you shouldn't sit on this trial?

Sir, I feel I can continue

to discharge my duties
fairly and impartially.

Then I request permission

to withdraw myself
as trial counsel.

On what grounds?

I'm incapable

of rendering competent services.

Colonel, if you were truly

incapable of doing a good
job, you wouldn't know it.

And you wouldn't
request to be removed.

The mere fact that you
made the motion means

you're a competent attorney.

Hell, it's a...

( sighs)

catch-22.

Request denied.

Aye, sir.

You think I'm
favoring the defense?

Your rulings do all seem

to favor Commander Ridley, sir.

You did ask me to
speak my mind, sir.

I'm not favoring the pilot.

I'm just getting
after the truth.

Yes, sir.

What, you think
I'm going too far?

I think that in some
situations it's impossible

to keep your personal
feelings out of it.

I have no personal feelings
toward Commander Ridley.

I didn't mean
Commander Ridley, sir.

Commander Barry, you were
Commander Ridley's wingman

on the night of the incident?

Yes, ma'am.

You fire any weapons
that night? No, ma'am.

Declare self-defense?

No, ma'am.

In fact, you never saw what
Commander Ridley described

as a second burst of
anti-aircraft fire, did you?

No, ma'am, but I saw the first.

Which turned out not
to be enemy fire at all.

Apparently so, Colonel.

But David Ridley doesn't lie.

If he says he saw green

lizard men firing at
him, I'd believe him.

Objection. Not responsive.

Sustained.

Would you instruct the
Members to disregard

the witness's last
statement, Your Honor?

So instructed.

Would you articulate
the instructions, sir?

Come on, Colonel. The
Members are up to speed.

Let's move it along.

Perhaps the best way for me

to move it along is to sit down.

Your witness.

Commander Barry, how
long was this mission?

From the time of taking
off from the Coral Sea

to our return, about
nine hours, sir.

In-flight refuelings?

Five, sir.

That makes for a pretty
grueling nine hours, eh?

Keeps us on our toes, sir.

At what point in the mission
did the incident occur?

We were just minutes from
heading back to the Coral Sea.

Must have been tired.

No, sir.

Given the protracted
length of the mission,

the Battle Group Commander
authorized use of Go-Pills.

Doesn't that make
it difficult to sleep?

We take the
No-Go pills for naps.

Is this standard procedure?

No, sir.

This particular
mission required it.

You took these pills on
the day of the incident?

Yes, sir. We both did.

So, you're mixing

amphetamines and sleeping pills
on the day of a combat mission?

Yes, sir.

Medications which may
affect mood and judgment

and can cause
amnesia and paranoia?

Objection. Assumes
facts not in evidence.

Sustained as phrased.

Commander,

were these medications
a problem for you?

No, sir.

I'm the flight surgeon
aboard the Coral Sea.

TURNER: Commander Sachs,

do you routinely provide
dextro-amphetamines

to flight crews?

I do, as anti-fatigue
medication.

Better bombing through
chemistry, Commander?

Objection. Argumentative.

Sustained.

Don't amphetamines have serious
side effects, Commander Sachs?

Properly used,

they increase alertness
and focus attention.

And improperly used?

Over-stimulation could be
deleterious to performance,

but I dispense only
enough for each flight.

These pills come
with warning labels,

don't they, Commander?

These days, all medication does.

"Can affect perception

and impair the ability
to operate machinery."

You shouldn't drive a car
while taking these drugs,

should you, Commander?

That depends on the amount.

But it's okay to fly
a $40 million aircraft

loaded with high-tech weaponry?

Again, Commander,

the proper amount of
medication used by pilots

in top physical condition...
It's not a problem.

"Medication may
provoke irritability

"and an unreasonable concern

about threats to
one's well-being."

That sounds like
paranoia, Commander.

That would be extremely rare.

But not, uh, unheard of.

Some people are allergic to
peanuts, Commander Turner.

We don't ban flight
crews from eating them.

Are you equating peanuts

with amphetamines,
Commander Sachs?

Objection. Counsel
is baiting the witness.

Colonel, Counsel has the right
to cross-examine the witness.

Overruled.

I'm just saying that
these warning labels

list everything imaginable,

no matter how
infinitesimal the risk.

Well, how many
casualties have to mount up

before you no longer
consider the risk

to be infinitesimal?

Objection. Argumentative.

Sustained.

Commander,

do you consider this
medication to be safe?

These drugs have been in use

since before Vietnam.

Their safety's
been demonstrated.

But assuming
these pills affected

Commander Ridley's
perception, could that explain

why he saw a burst of
gunfire that no one else did?

Objection. Calls
for speculation.

Sustained.

From now on,

I'll let you be the
one who objects.

At the briefing, Captain
Bales, the CAG, told us

there'd been
unfriendlies in the area.

Did this come as news to
you, Commander Ridley?

Hardly, sir. We'd been
fired on three nights earlier.

Did the CAG tell you
in the mission briefing

that the British
would be in the area?

No, sir.

Apparently, he never got word

from the Coalition
Air Ops Center.

Would you tell the Members

what happened
that night, please?

It was pretty uneventful.

Five refuelings.

No calls for air support.

And then...

RIDLEY: Hey, look
at those fireworks!

BARRY: Someone's firing at us.

I asked the AWACS for
permission to fire 20 mike-mike,

the machine gun, and
was told to standby.

What did you do then?

I descended to get a better look

and take a mark of the position

in case it was necessary to
use a precision-guided bomb.

RIDLEY: Whoa! You see that?

BARRY: See what, Sugar One?

Taking A-A fire.

Declaring self-defense.

Did you feel
justified in declaring

self-defense?

Yes, sir.

I believed I was
being fired upon.

Commander, did you
use amphetamines

during this mission?

Yes, sir.

Ten milligrams prior to takeoff.

Three additional pills

of five milligrams
each during the flight.

Your witness.

Lieutenant Roberts will
do the cross, Your Honor.

Very well.

Lieutenant.

So, the AWACS strike
controller instructs you to stand by,

and you interpret this to mean

go down for a closer look?

I interpreted it to
mean not to engage yet.

What was the
altitude you were at

when you noticed
the ground fire, sir?

About 12,000 feet.

And the surface-to-air fire
that you thought you saw...

Was it reaching your altitude?

No, sir.

So, you weren't in any
danger until you descended.

That's true, Lieutenant,
but if it had been the enemy,

they might have
had other weapons.

But it wasn't the enemy, sir.

I had no way of knowing that.

I thought it prudent to
check out the situation.

Wouldn't it have
been more prudent

to ascend to a higher altitude

and wait for word
from the AWACS?

Perhaps. I'm trained
to be aggressive

as well as prudent.

Did the medication

that you're taking make
you more aggressive?

Uh, no.

Does the medication
affect your perception?

No.

So, you don't blame the pills

for the deaths of
three British soldiers?

No. I don't.

If there's any
blame, it's all mine.

Thanks, sir.

Sir, how did Colonel MacKenzie
know that Commander Ridley

wouldn't use the
medication as an excuse?

Well, she saw Turner
hadn't asked Ridley

if the pills affected
his perception.

And Commander
Turner would've asked

if the answer had
been helpful to his case.

The colonel's a really
good lawyer, isn't she, sir?

Yeah.

( chuckles)

So she and Lieutenant
Roberts have the case won, sir?

Well, unless the Members
believe Commander Ridley's claim

that he'd taken a
second burst of fire.

Do you believe
Commander Ridley, sir?

He was very
convincing on the stand.

But then so was the British
officer, Lieutenant Whitehall,

who claimed they
stopped firing, so...

Almost forgot.

Instructions to the Members.

"If there is a reasonable doubt
as to the guilt of the accused,

your verdict must
be not guilty."

Well, won't there always
be some doubt, Commander?

Keep reading.

"A reasonable doubt
is not mere conjecture.

"It is an honest, conscientious
doubt suggested by the evidence.

"An absolute or
mathematical certainty

is not required to find
a defendant guilty."

Glad I'm not one
of the Members, sir.

Just be glad you're
not sitting on the bench.

I-I thought Commander Turner
might have been onto something

with the tracers looking
like surface-to-air fire.

Yeah, but it went nowhere.

Whitehall's preoccupied
with the generator.

Commander Ridley descends.

He swears he's taking incoming.

The British swear
they ceased firing.

Somebody's got to be lying, sir.

( sighs)

Unless, Commander Ridley saw

what he thought
was anti-aircraft fire.

Well, what could that be, sir?

I mean, they're in the middle
of nowhere on a dark night.

Yeah, really dark after
the generator went down.

Sir?

I think I know what
Commander Ridley saw.

That's great, sir.

No, it's not.

I can't tell anyone.

What do we do now, sir?

We need to make sure
that justice prevails.

Let's take a look at the
Code of Judicial Conduct.

Maybe there's an answer there.

COATES: So another
example would be, say a witness

hobbles into court
using a cane and testifies

he's so disabled
he can hardly walk.

But the judge remembers
seeing the witness

on the ski slopes
two weeks earlier.

The judge has to
disqualify himself.

That's what the book says, sir.

"Under the Code
of Judicial Conduct,

"the judge must not
have personal knowledge

of disputed evidentiary facts."

Any exceptions?

Yes, sir.

"If the judge learned
the knowledge

in the court proceeding,
he can remain on the case."

Great, so I can stay
on the case, I just,

I can't do anything with
the information I have.

No, sir.

"A judge must refrain from
any action that assists a party."

"Assists."

Yes, sir.

What if he "assists" a
party but hurts their case?

Well, then I guess it
wouldn't be assistance, sir.

Nice work, Coates.

Thank you, sir.

For everything, sir.

For requesting me as a clerk,

and letting me take
part in the case.

All right, the theme of
our closing argument

should be personal
responsibility.

You can't blame the British,
you can't blame the Ops Center.

I don't know.

If Commander Ridley
had had the intel, ma'am...

Morning, you two.

Morning, sir.

Good morning.

I, uh, was wondering

when you thought we might get

this case to the Members.

Well, that depends
on Commander Turner.

He hasn't rested yet.

Do you have rebuttal witnesses?

Depends on what
the commander does.

Hmm, 'cause I thought
you might be getting into

the AWACS electronics.

Why would we?

I'll see you in court then.

He's trying to tell us
something, ma'am.

De-confliction reports.

MASINT records.

Electromagnetic impulse sensors.

Ma'am is it okay for Commander
Rabb to be helping us?

Well, have you ever know the
commander to do anything...?

Improper? No.

Unconventional, huh, yeah.

EMI transmissions?

What about them, ma'am?

The AWACS picked up
something from the British position.

Well, that wouldn't be unusual.

The Brits have
vehicles out there

that would throw off EMIs.

Here's one that spiked.

Something electrical?

Something that would
be visible from above?

I don't get it.

Oh, I think I do.

It looks like the
commander just handed us

the winning evidence...

for the defense.

TURNER: It's not like
Colonel MacKenzie to be late.

Sorry, Your Honor.

Take your time, Colonel.

May we approach?

Yes.

As the court is well aware,
under Brady v. Maryland,

the prosecution is
required to turn over

all exculpatory evidence

to the defense.

AWACS' electromagnetic
impulse recordings

from the night of the incident.

Well, it's a little late
for Brady material,

isn't it, Colonel?

Oh, we just received the
information this morning.

But I'm sure the
court will grant

a short recess

to allow you to digest it.

Well, ground fire wouldn't
cause electromagnetic impulses

so I don't see what
relevance this has, unless...

whatever produced the impulses

could be mistaken
as anti-aircraft fire.

Are you ready to
proceed, Commander?

Yes, sir, I am.

Thank you, Colonel.

Don't thank me, Commander.

Bring in the Members, Marine.

Yes, sir.

It's called the Black Crow.

It's a sensor that
picks up and identifies

electromagnetic impulses.

Can you identify the
sources of these impulses?

Yes, sir.

Different equipment produces

different electronic signatures.

We can distinguish
a laptop computer

from a radar antenna

from a car's spark plugs.

In fact, sir, we
can tell a Cadillac

from a Volkswagen 20 miles away.

Did the sensor pick
up any EMI activity

on the ground

the night of the incident?

Yes, sir.

There was an output
of approximately

one kilowatt from what turned
out to be the British position.

And could you identify
the source of the impulses?

They have the signature
of a Rolls-Royce R-7

gasoline generator, sir.

Did the impulses hold steady?

There were three spikes

to ten kilowatts within
about five seconds.

What would cause spikes
in electromagnetic impulses?

The generator may have
sparked two or three times

when it went down, sir.

Did the sparks light
up the night sky?

Not from where I
was standing, sir.

You were on the
ground in the wadi?

Yes, sir.

And the generator was on
the bed of a truck above you?

Yes, sir.

Where was Commander
Ridley's aircraft

at the time the
generator sparked?

Directly above us, Commander.

And therefore directly above
the generator that was sparking?

Yes, I suppose so.

But that still does not
excuse what he did, sir.

Nothing further.

All rise.

Please be seated.

Will the defense please rise.

Will Senior Member
announce the findings?

Lieutenant Commander
David Ridley,

United States Navy.

This court-martial finds you,

on all charges and
specifications... not guilty.

RABB: I want to thank
the Members and counsel

for completing their duties
with the highest standards

of professional conduct.

But before I adjourn
these proceedings,

Commander Ridley, although
you were not found guilty

of a crime under the UCMJ,

I find that your
conduct in this matter

raises questions as to
your ability to fly in combat.

Accordingly, I'm recommending
to your commanding officer

that a Field Evaluation
Board be convened

to consider your future
as a Naval aviator.

This court is adjourned.

( gavel pounding)

CHEGWIDDEN: I assume
your friends at State

are doing damage
control with the British.

All the years as our allies,
no, that won't end in a day.

Of course it helps that our
pilot really did see something

that looked like
anti-aircraft fire.

The truth won out.

Hmm.

Everybody wins.

So it behooves us to make sure

that such a tragic incident can
never again occur on our watch, A.J.

More dollars spent on
communication technology,

command and control, training...

That sounds like
the antidote to me.

Sounds like an
appropriations bill to me.

Bigger piece of the
pie. We all benefit.

Oh, Commander.

Mr. Secretary.

I just want to say that

your first assignment
to the bench was...

distinctive.

A.J.

Mr. Secretary.

Colonel. Sir.

Have a seat.

I need to find someone
to serve as a judge

for a couple of months.

Any volunteers?

RABB: You can count me out, sir.

Oh, Commander, I
thought you did a fine job.

Well, I don't know,

the colonel asked to have me

removed from the case.

I got over it.

I'm just not cut
out for it, sir.

I'm more of a hunter.

A hunter?

It's a metaphor.

The type to hit saber-toothed
tigers with sticks.

What this job
requires is someone

with patience and judgment.

Some-someone like, uh,
Mac, Colonel MacKenzie.

Oh, I think that's the nicest
thing you've ever said to me.

Well, let's see what
he says the next time

he has to appear
before you, Your Honor.