JAG (1995–2005): Season 9, Episode 8 - Posse Comitatus - full transcript

(gunfire
and glass shattering)

I repeat: we need backup
and an ambulance ASAP!

(garbled radio transmission)

Suspect is armed
with a fully automatic rifle

and may have
armor-piercing rounds!

Barclay! Barclay!

I need you
to let my deputy go now!

Then get your men out of here,
and I'll let her go!

You know I can't do that,
Barclay.

Hang on, McInnis!

You just hang in there.



Damn it!

What the hell does
he think he's doing?

Dispatch,
this is Sheriff Driskell.

I told you
to tell those jarheads...

(rapid gunfire)

Get in there!

Get in there!

Dispatch,
this is Sheriff Driskell.

Get me the commanding general

at MCAS Yuma, now!

I got 'em!

(pained breathing)

FEMALE NEWSCASTER:
Barclay Cale was a widower

who had farmed this small piece
of desert for most of his life.



Fifth time
I've seen it this morning.

It's all over the news.

You know what they say, sir.

"If it bleeds, it leads."
Cale held off police

with a converted
automatic weapon.

The standoff sadly ended

when a marine pilot chose to act
as judge, jury and executioner.

We could have
taken him out alive.

No court in the land
would have given Cale

the death penalty
for what he'd done.

He hadn't killed anybody.

But that marine pilot
took the law into his own hands.

REPORTER:
Barclay Cale
inherited...

So, you see
the urgency

in resolving
this case?

Sir, what was
Major Tunney doing

so close
to a police standoff?

I don't know.
Should put that

on the top of your list
of questions, Colonel.

What do we know about
Barclay Cale, sir?

Um, the, uh...

Yuma County Sheriff

was attempting to arrest him
for tax evasion.

Property taxes he had lost
to his creditors.

Geared up for one last stand.

Opened fire on the deputies
as soon as they arrived.

MacKENZIE:
Sir, it's illegal
for the military

to participate
in arrests, searches

or police activity
on US soil,

which means that
when the marine pilot

killed Barclay Cale,

he violated
the Posse Comitatus Act.

May have, Colonel.

Posse comitatus
contains a lot of gray area.

Did the pilot feel
the circumstances

were exigent, sir?

Put that
on your list of questions.

Look, the, uh, administration's

taken a lot of heat
for the Patriot Act.

Last thing they want
is the public worrying

about, uh,
the marines interfering

with domestic law enforcement.

That will be all.

Aye, aye, sir.
Aye, aye, sir.

Sir.
Good morning, Harriet.

Good morning.

Hey, Bud?

Hey, honey, listen to this.

"The pioneers

"of a warless world
are the youth

who refuse military service."

Whose case is that?

Albert Einstein.

I-I mean,
he said it.

You all right?

No.

I got a call from
the inspector general's office.

First time in three years.

They're calling you back
from temporary duty?

I don't know.

I have to report

to General Tillmann
at the Pentagon.

Well, we always knew
there was a chance

that you'd have to leave JAG.

I guess I just tried
to ignore it.

Harriet, let's not panic
until we know for sure.

Why are you quoting Einstein?

Oh... (chuckles)

I've been assigned
as the investigating officer

in the case of, uh, Lieutenant
Commander Justin Bentley.

The navy paid for Commander
Bentley's medical education.

Now that his reserve unit
has been put on standby

for deployment
in Iraq,

he's claiming
conscientious objector status

and asking for separation

based on his beliefs
as a religious pacifist.

And you don't find
Commander Bentley is sincere?

Well, everybody finds war
objectionable,

but sometimes it's necessary.

So is standing by one's beliefs,
though, Bud.

LIEUTENANT COLONEL PITTMAN:
Major Tunney is the real deal.

He flew combat missions
in Iraq and Afghanistan.

Hell, he's trained over half
the pilots on this base.

It's not his skills

that are at issue here,
Colonel Pittman.

It's his judgment.

I assume you
debriefed Major Tunney

after the incident.

Major Tunney was conducting
routine training.

He noticed the standoff
with the sheriff's department

and the wounded deputy
on the ground.

He believed he could assist
with emergency medical evac.

That's when Mr. Cale
opened fire on him.

Well, the sheriff's

TV interviews
left that part out.

Did the major seek authorization
before returning fire, Colonel?

He did. He was told
to hold his position

while we attempted to contact
the chain of command.

You told him to
hold his position

or hold his fire?

Hold his position, Colonel.

I would never instruct a marine
to hold fire

while he's taking
direct fire himself.

Why not just tell the major
to leave the area?

Because the major
explained to me

he thought
he could save some lives.

Sorry I kept you waiting.

Oh, I'm used to waiting
for doctors, Commander.

Well, I see that you have
all the bells and whistles.

I'm not Amish,
Lieutenant.

Quakers respect
scientific advances.

We simply believe
they should be used

to elevate humankind,
not to kill.

Yeah, as investigating officer,
it concerns me

that you came to that conclusion

just as your reserve unit was
put on standby for activation.

I know the timing
seems convenient.

But the change in me came
last year when I got married.

The six years I spent
on active duty

in the navy, Lieutenant,
were difficult ones,

uh, wondering if I
was contributing

to the things
I was seeing on the news.

The guilt was overwhelming.

I see that you, uh, display

your naval affiliation,
Commander.

Why?

Uh, put my patients at ease.

You're part
of the Navy Preferred Plan.

Most of your patients are
military or military dependent.

Once you're a civilian,

are you going to leave
the pictures up?

That would be hypocrisy,
Lieutenant.

You think your clientele
will accept that?

I sincerely hope that they will,
Lieutenant.

MacKENZIE:
Major, were you
doing flight training

with fully armed
weapons systems?

No, the 20 was loaded

with lead ball training rounds,
Colonel.

If I'd opened up
with explosive incendiary,

that barn
would be nothing but ashes.

Well, it's still
way too much firepower

for the task at hand.

Well, I heard
over the radio

that he had
a hostage,

so I hovered low enough
to see where she was.

Looked like Cale
was training the gun on her,

so I fired a micro-burst
at a shallow angle.

I was only gunning
for the bad guy, ma'am.

I'm sorry to hear
the female deputy

was hit by falling timber.

I was not looking to
participate in any

police action, Colonel.

I just wanted to help.

By opening up
with your 20-millimeter guns?

As I stated before, ma'am,
I was taking fire.

WOMAN:
The guy was a lousy shot,

Commander, but you throw
enough ammo out there

and you're bound
to hit something.

Isn't the Cobra's cockpit

designed to withstand
small arms fire?

Yes, sir,
under optimal conditions,

but that doesn't mean
an armor-piercing round

couldn't penetrate
the windshield

or a seam
between the Noroc side panels.

We were afraid he'd take us down

right on top of the
cops on the ground.

So, you're telling me
you sincerely felt

your life was in danger?

What else could we do?

We were being fired upon.

TUNNEY:
I attempted to make radio
contact with the sheriff,

but the dispatcher told me
that she

was under orders
not to put me through.

What about
your operations duty manager?

Did you attempt to contact
anyone on base for orders?

Yes, ma'am.

I tried to get direction
from my squadron CO

through the duty manager,

but before Colonel Pittman
could get to me,

I started taking fire.

How many rounds did Barclay Cale
fire at you?

I really can't
say for sure.

But he did fire on you?

Oh, yes, ma'am.

Major, you know
what the Posse Comitatus Act is.

Can you honestly say

that your actions
weren't in violation?

I did what had to be done,
ma'am.

And no, I didn't believe
I was breaking any laws

by defending myself

or trying to save the lives
of those two deputies.

GENERAL TILLMANN:
The inspector general says

you've been
a real administrative whiz

over at JAG.

We were hoping you'd want

to help us out
for a while.

Am I being reassigned
to the Pentagon, sir?

Lieutenant Sims,

I'm retired
from the Marine Corps.

I'm with Armed Forces
Entertainment.

So, I'm not in a position
to reassign anybody.

Then, why...?

Biggest USO show of the year.

Baghdad, Christmas Eve.

You ever try to do

personal information forms
for celebrities?

The women won't give
their real birthdates.

The men won't give
their real heights.

Celebrities, sir?

We need travel documents
for 70 people.

Everybody from Garth Brooks

to the Dallas Cowboy
Cheerleaders.

Would I get to meet
Garth Brooks?

I would think so.

Now, there's
no extra money in it.

That's okay.

And wrangling rock stars
is not for the timid.

Well, neither is working
for Admiral Chegwidden, sir.

I would love to do this.

You find anything?

Colonel Pittman's
not the only one

who worships the ground
Major Tunney walks on. You?

Well, Tunney's former CO
doesn't feel the same way.

This is the final report

from a previous
Command inquiry.

Two years ago,
Major Tunney used his helicopter

to assist the San Diego Police

in apprehending a felon
during a police chase.

This isn't the first time
he's been investigated

for violating
the Posse Comitatus Act.

Looks like Major Tunney
thinks he's the Lone Ranger.

DRISKELL:
Medical help for McInnis
was already en route,

and with backup,

we could've taken care
of Barclay Cale, too.

That's our job,
not Major Tunney's.

He just wanted something
to shoot at.

Well, Major Tunney says

Barclay Cale shot first.

There were bullets
flying everywhere.

To be honest,

I can't call the man
a liar,

but I don't believe
that Major Tunney was under fire

at the time he opened fire
on Barclay Cale.

Now, Major Tunney said he tried
to make contact with you

at the scene, but your dispatch
wouldn't put him through.

Because I told them
not to.
Why?

I was busy enough dealing
with one trigger-happy yahoo.

The last thing I wanted
was another.

Look, I got two deputies
in the hospital,

and the one who's still
in intensive care

wasn't injured by the man
I was trying to arrest.

She was hurt
when your marine

knocked half a barn down
on top of her.

A helicopter gunship
is not the right tool

to use in a hostage situation,
Commander.

This is Arizona,
not the damn Gaza Strip.

MAN:
This the Lord says
and proves to you daily

by the example of the community
of which you are part.

Find peace
in each other,

and pray unto the Lord,

for in the peace thereof
shall ye have peace.

Well, welcome
the newcomers.

Now, go with God.

Commander Turner.

This is Commander Turner.

He'll be representing me
at my hearing.

My wife.
Pleased to meet
you, ma'am.

Would you like some coffee,
Commander?

No, thank you.
Commander,

Reverend Ford.
Sir.

How much do you know
about the Society of Friends?

Well, not a lot. My father
was a Baptist minister.

I was raised
in that faith.

You know I can't take
an oath in court.

I wasn't aware of
that restriction.

Well, to swear
to tell the truth

under oath implies that
we lie the rest of the time.

Dr. Bentley can only affirm

that he will continue
to tell the truth.

I'll explain that
at the hearing.

It won't be a problem.

We would appreciate it

if you could make it clear
that my husband's actions

are not an indictment
of the United States.

He's asking for a separation
from the military

during a time of war,

when men and women are dying
in Iraq every day.

Now, while I respect his right
to ask for a separation,

I can't guarantee
it won't damage his reputation.

Well, my personal character
isn't as important to me

as the Church's good name.

People could misinterpret
my intentions.

FORD:
Commander, Quakers
have a long record

of bravery and patriotism.

As abolitionists, we petitioned
against slave owners.

And fought to win women
the right to vote.

This is nothing new
for us.

Our religion has endured

two World Wars and Vietnam.

We have been called cowards
and Communists,

spat at in the streets
and discriminated against.

Despite the vast
humanitarian efforts

we've offered our country
in times of war.

I can't comment on anything
beyond the facts of the case.

My case, Commander,
is about more than facts.

It's about faith.

Faith is an intangible,
Commander.

I can't prove it
in court, and...

I'm not even sure
if I know what it is anymore.

How can you prove
what you can't see?

(scoffs)
We mere mortals
have to accept the fact

we may not always know
the answers, Bud.

Well, as the
investigating officer,

I don't have to
know the answer.

If I can say with
51% conviction

that Commander Bentley's
beliefs are not sincere,

that's the report
that I have to submit.

Do you think you resent
Commander Bentley

because of what's happened
to you?

When I was called to duty
in a combat zone,

I went without question.

And paid dearly for it.

Bud, you fought to stay
in the navy

because you believed that was
the right thing to do,

and apparently,
Commander Bentley

believes something different.

Don't you just think
it's a little bit strange

that, of all of the churches
in all of the world,

he decides to join one
that will give him CO status?

Maybe...

but do I think it's okay
to punish a man

who may be guilty of nothing
more than religious conviction?

No.

I don't.

Ooh, I got to go.

Now? Why?

I have to make
travel arrangements

for a diva who won't travel
without her toy poodle,

and I have to explain
to a rapper

why he can't wear his ski cap
in his passport photos.

RABB:
Two incidents in two years

is a little more
than coincidental, Major.

Tell us about what happened
two years ago.

Well, I was stationed
at Camp Pendleton.

San Diego Police were chasing
a guy doing 90

up the wrong side
of a divided highway,

so I went down low
in front of him.

I figured I'd scare him
into stopping.

Instead, he ran himself
off the road.

Yeah, and crashed into a tree
in someone's backyard

where, luckily,
kids weren't playing.

Well, we can't hold a man
responsible

for what didn't happen, Colonel.

In both cases, I took
action that saved lives.

If that's illegal, lock me up.

TURNER:
I'm just not sure

I'm the right man
for the job, Admiral.

So, you can't find
any common ground

with Commander Bentley?

I don't think
so, sir.

Even though you had
the benefit

of being raised
by a minister?

Sir, I look
at my father

and I see his faith

for better or worse.

I don't see that when I look
at Commander Bentley.

Does your father know you're
turning your back on religion?

I know the question's
a little out of line,

but I'm going to ask it anyway.

Respectfully, sir,
I will represent the commander

to the best of my abilities,

but I can't say
in any good conscience

that I respect his actions.

Well...

good lawyering
has nothing to do with feelings.

Dismissed.

Aye, aye, sir.

Sturgis?

You talk to your father lately?

MacKENZIE:
Posse Comitatus

prohibits the military
from participating in any effort

to execute or enforce the law
on US soil.

Technically. The
military, however,

can be used in certain
specific circumstances:

i.e. the army lended
advisors and a tank

during the Waco standoff.

Yeah, and look how well
that turned out.

Well, the SEAL Team Six
and Delta Force provided

security and surveillance
during the Olympics.

They also provided advisers
to the FBI and local police

during the hunt
for the DC sniper.

Says who?

I have my sources.

Right, I forgot.

You went to the dark side.

The military can
be used in cases

involving biological,
chemical or nuclear weapons.

Only with the approval
of the attorney general,

and Barclay Cale didn't have
any nukes parked in his barn.

The Marine Corps was brought
in to quell the L.A. riots.

Military can be
used to suppress

insurrection against
the government.

Now, the hostage
standoff began

when Mr. Cale refused
to pay his income tax.

One could argue
this was at least

the beginning of
an insurrection.

Wrong. Barclay Cale
wasn't trying

to overthrow
the government.

He was a man
with nothing to lose,

just trying to keep
some dignity.

He went about it
the wrong way.

You really love this,
don't you?

What, arguing with you?

Yeah. The investigations,
the interviews,

and yes, our arguments.

I'm beginning to understand
why you came back.

You need JAG just as much
as JAG needs you.

What about you?

You glad to have me back?

(phone rings)

Lieutenant Colonel Mackenzie.

Yes, absolutely. Thank you.

That was the Yuma
County Hospital.

Deputy Linda Foyo
is out of intensive care.

What happened before you were
injured in the shootout?

Did Barclay Cale fire
on the helicopter?

He was firing,
but he had stopped

by the time
the chopper fired at us.

Look, Barclay Cale
was a sad, stubborn old man

who deserved to do life
in prison,

but if there's one thing
he knew, it was weapons.

When that helo showed up,

he knew he couldn't shoot
his way out.

So you... you're telling us

that the marine helicopter's
presence was helpful?

Not in the way that you mean.

I mean, it-it helped me talk
Barclay into giving himself up,

which he was about to do
before that pilot opened fire.

You're sure he was going
to give himself up?

Colonel...

Barclay Cale was a vet.

Caught the tail end of Vietnam.

He knew better
than to take on a Cobra.

CHEGWIDDEN:
Why am I not surprised?

Hell, if...
the two of you agreed,

that would be a surprise.

Admiral, given the highly
public nature of the incident,

I think not going forward
with an Article 32

would invite accusations
of a cover-up.

So you're recommending

that we proceed to head off
conspiracy theorists?

No, sir.

I believe Major Tunney
is in clear violation

of the Posse Comitatus Act,

and therefore Article 92
of the UCMJ:

failure to obey a direct order
or regulation.

Admiral, Major Tunney

is an experienced
and dedicated marine pilot

who was taking fire and did
what he felt he had to, to save

the numerous lives
of law enforcement agents

on the ground.

Well, if the convening authority
sends this to an Article 32,

we know who will prosecute
and who will defend.

It would seem so, sir.

Yes, sir.

Uh, Admiral, the marine air base
is off limits to the public,

so, in the interest
of transparency,

the county has volunteered
its library as a hearing site.

Military history section,
no doubt.

The outcome of this case

could affect a lot more
than one major's freedom.

DRISKELL:
I couldn't have been
more clear, Colonel.

My dispatcher told Major Tunney

we didn't want or need
any help from the marines,

especially not in the form
of a Super Cobra

designed for taking out tanks.

Even though you were
facing a gunman

whose automatic weapon

was loaded
with SS-109 rounds?

Colonel, half the street gangs
in Yuma have automatic weapons.

I'm sure more than a few
are loaded with AP rounds.

Should I call the marines
every time we raid a drug house?

Your Honor,
I'd like that testimony

stricken from the record,
unless I'm going

to be allowed
to answer that question.

So ordered.

Sir, would you please refrain

from answering a question
with a question?

Yes, Your Honor.

MacKENZIE:
Sheriff,

besides the fact
that it's illegal,

was there any other reason
that you refused

Major Tunney's offer
of assistance?

Barclay Cale was one of us.

I'd known the man for 20 years,

and although he'd been shooting,
he was still talking.

A peaceful surrender
was still on the table...

until Major Tunney

unleashed his
cannon rounds.

The marines are simply
not trained or equipped

to handle
civilian law enforcement.

On what do you base that?

Four years I spent
in the Marine Corps,

and the 15 years I've spent

in the Yuma County
Sheriff's Department.

Nothing further,

Your Honor.

RABB:
Sheriff, when you
and your deputies

arrived at the Cale ranch
to arrest Barclay Cale,

were any of your deputies
wearing body armor?

They were all
wearing vests,

but when Deputy McInnis
went down,

we realized Cale
was using SS-109 rounds.

Well, what about
the squad cars

you arrived in?
Were any of these armored

or ballistically reinforced
to any degree?

No.
So then despite
your extensive

law enforcement
training,

the instant Barclay Cale
chose fight over flight,

you and your men
became helpless?

We didn't choose to shoot it out
like it's the OK Corral,

but that doesn't mean
we were helpless.

We were waiting for backup.

Well, I assume it wasn't
part of your plan

to have one deputy shot
and another taken hostage?

Objection.
Argumentative and irrelevant.

RABB:
Your Honor,

the witness has testified

that my client's actions
were unnecessary,

and I'm trying to elicit
testimony to the contrary.

Overruled.

But make your point, counselor,
and move on.

Sheriff Driskell...

things weren't going well.

You were sitting,
waiting for backup.

Must have been feeling helpless.

Not enough
to call in the marines.

That'll be all, Your Honor.

Hey, Pop.

Yeah, it's good to see you, son.

Yeah.

Thanks for coming by.

Why don't you have a seat.

Thank you.

Sorry it's been so long
since I called you.

Yeah, well, I, uh...

read the file that you faxed me

on the conscientious
objector case.

Do you have
a gut feeling about him?

I'm just finding it hard
to believe

that a sudden religious epiphany

would cause someone
to change his whole life.

Well, I've seen it
happen before, son.

You have, too,
when you were a boy.

You know I spent hours
in church listening

to the testimony of those
"saved souls," Dad, but...

are their lives really changed?

Or do-do they just fall
back into the same rut,

the futility of trying

to hold onto something
in this world?

Well, I don't think
it's this world

that they're worried about, son.

So, why'd you call me?

To help me win the case.

You've never needed
my help before.

CHEGWIDDEN:
Chaplain?

Oh, I was on my way
to see you, Admiral.

Keep your seat.
Good to see you.

Any, uh, words
of wisdom for me?

Absolutely, sir.

Treat my son well,

and you will be
rewarded in heaven.

Well, I'll remember that

the next time
the commander shows

his stubborn streak.

You need me to help you
straighten him out some?

Well, I think
he's straight enough already.

Should I leave so you two
can talk about me?

If you don't mind.

Hi, this is Lieutenant Sims.

I'm working with the USO.

Hi, hi.

I'm compiling
the personal information forms

for the Baghdad tour.

No, sir, you may not
bring your 30-aught-six.

If you feel the need
to fight off the fedayeen,

I'm sure the Marine Corps
will have your back.

Iceberg is not the name
your parents gave you,

and I will not put that on your
passport application, young man.

Isaac.

Thank you.

Schulberg, okay.

No, ma'am,
the MREs do not include

hydroponically grown
organic vegetables.

Uh, maybe the, uh,
Baghdad Hilton has a salad bar.

(click)

Hello?

This hearing
is to determine the status

of Lieutenant Commander
Justin Bentley.

Commander,
on what grounds

do you seek separation
from the Naval Reserves?

On grounds of conscientious
objection to military service.

And did your counsel
explain to you that you

bear the burden of proof
in this proceeding?

Yes.

And that your beliefs

must be "honest, sincere
and deeply held?"

Yes.

All right, Commander.
We can proceed.

Does your client wish

to make a statement
for the record?

Not at this time, Lieutenant.

Instead, I'd like
to call an expert witness.

I served as a navy chaplain
in both Korea and Vietnam.

Did you come in contact

with conscientious objectors,
Chaplain Turner?

Yes.

And who were these men?

Sailors and, uh, marines
who had become repulsed

at the undeniable
horror of war.

They'd become convinced

that no objective
was worth the cost,

so many of them sought out
their chaplain.

What would you do
for them, Chaplain?

If they were just scared,
I would refer them for

psychological help.

But if I found
they were truly

spiritually troubled,

I attempted
to have them reassigned.

Have you spoken to
Commander Bentley

about his beliefs?
At length.

And in your view, is he
truly spiritually troubled?

Commander Bentley has immersed
himself in the Quaker way

ever since his
marriage last year.

He attends a meeting
once a week

and has studied
the Peace Testimony extensively.

I am convinced
that his pacifism

and his religious
conversion

are sincere.

How do people have these
sudden awakenings, Chaplain?

Do they hear the voice of God?

People have
a variety of experiences.

God comes to some of us
in our dreams,

or in the voice
of a small child.

In the things
we see every day,

the people we meet,

decisions we have to make.

Thank you, Chaplain.

You just have to be open
to Him, Commander.

Again, thank you, Chaplain.

ROBERTS:
Chaplain Turner,
it appears

to me that Commander Bentley's

spiritual searching
took place

after it was clear that we
might be going to war in Iraq.

This war, like all wars,

has made a lot of us do
some soul-searching, Lieutenant.

Or maybe
he's been attending meetings

and studying Peace Testimony
as a strategy

to build up
his case.

I don't believe
that's the situation.

Do you believe it's possible
to look into a man's heart?

Not with surgical precision,

but I'd like to think
that I'm better at it than most.

Well, Chaplain, I have no doubt

that Commander
Bentley hates war,

but I would imagine
that you do, too.

And yet,

you've been able
to serve your country in uniform

for nearly half a century.

I found honor
in providing solace

to those who fought, Lieutenant.

And comfort
to the wounded

and dying.

Deputy Foyo,
do you believe

that Major Tunney saved your
life by killing Barclay Cale?

I do not.

I was making headway
with Barclay.

The guy went to high school
with my father.

I had talked him
into dropping the gun.

Thank you.

Nothing further.

Commander?

Deputy Foyo.

Now, didn't Barclay Cale
take your radio

to prevent you
from communicating

with the other officers?

Yes.

Well, then there's
no way that anybody

but you would know
that Barclay Cale

was ready to give himself up
and surrender his weapon,

is there?

You weren't there, Commander.

This man knew me.

Well, that didn't prevent him
from taking you hostage,

restraining you
with your own handcuffs

and, uh, holding you
at gunpoint, did it?

No.

Doesn't sound to me
like the Barclay Cale

you were in the barn with

is the same Barclay Cale
you grew up knowing,

Deputy.

Now, isn't
it possible...

in all the confusion--

wind from the rotor blades,
the noise that...

you're not exactly sure

who Barclay Cale
was shooting at?

(rapid gunfire)

Barclay,

please don't do this.

None of us wants to hurt you.

Just come out
with me.

Come out with me,
and they won't shoot you.

You got to believe me.

I didn't want this to happen.

Barclay, stop it.

You're too smart to want
to go out like this.

Look around you.

The bank owns
everything you see.

I can't afford a lawyer
to do the things the right way.

(helicopter approaching)

Did you call the black chopper?

No, no, Barclay, I swear.

Barclay, stop it!

They'll kill us both!
I know!

You don't want to kill me.

You owe my father
at least that much.

I'm so damn sorry, Linda.

(heavy gunfire)

You couldn't really be sure
who Barclay Cale

was firing at,
could you, Deputy Foyo?

I don't believe Barclay
was shooting at the chopper.

But, I guess I see

how Major Tunney
could have thought so.

Hey.
Hey.

Where you been?
I just had

a long conversation

with the base
public affairs office.

Well, don't set my interview up
with Mike Wallace

until I've actually won.
Very funny.

According to the PAO,

you're not the one out
looking for fame.

What's this?

Your client's memoirs.

His publisher just

dropped them off at
the public affairs office

as a courtesy.

Check out the title.

The Nick of Time.

Goes to motive,
Counselor.

It-it looks like Major Tunney

may have had more
of a personal interest

in getting involved
than he's let on.

What's a little posse comitatus
when you can be number one

on the New York Times'
best seller list?

BENTLEY:
My whole life changed
when I met Julia.

The confusion I had
about the military went away.

I met people
who thought as I did.

You began attending
your wife's church.

Yes. The Quaker belief system

spoke to how I want
to live my life.

Can you be
more specific?

We believe
every human life is precious,

and that God intends
for us to live in peace.

You know, some might say
that's a bit idealistic.

How would you answer them?

Without ideals...

what are we?

Thank you, Commander.

ROBERTS:
Commander Bentley,

would you ever consider
serving your country

in a noncombative way?

If you're called
up after all,

it would be to save
lives, not to take them.

I can't in good conscience
aid the war effort,

even indirectly.

Oh, is that part of
your Quaker beliefs?

Quakers are divided
on this, Lieutenant,

but I would have trouble
being involved

with anything connected
to the military.

Well, you didn't view
the military that way

when you took navy money
to pay for your tuition.

That was before my doubts began

and certainly
long before my conversion.

And after your conversion,

did you attend
any, uh, war demonstrations?

No, Lieutenant.

Did you write
any articles

expressing your
antiwar views?

I would feel uncomfortable
doing that

while I'm still in the Reserves.

Yeah, I'm trying
to determine

if you've ever
actually done anything

to convince me that you're
a committed pacifist.

What I've done,
Lieutenant,

is to seek separation
from the Naval Reserves.

I'm not impressed, Commander.

I'm sure that life is sweeter
in the Virginia suburbs

than it is
in an Iraqi field hospital.

Lieutenant, that's unnecessary.

Lieutenant Roberts...

I want to serve God.

Nothing else matters.

TUNNEY:
I wrote my memoirs

because I think I've led
a pretty interesting life.

You sure
it's not the other way around?

You think I'd
risk my career,

my freedom and my reputation

just so I could
sell more books?

Maybe you didn't think
your reputation would suffer.

It certainly didn't
after the first time

you did something like this.

Objection.

Sustained.

Major Tunney,
did you receive

authorization from your senior

before you opened fire
on Barclay Cale?

No, but...
And were you ever

specifically asked by civilian
deputies on the scene

to provide any assistance
whatsoever?

No, but again...
Were you aware

of the regulations prohibiting
personnel in the US Armed Forces

from participating in civilian
law enforcement action

on US soil without
authorization

from the highest level
of the chain of command?

Yes, ma'am.

And finally, Major,

at the time
you made the decision

to use your helicopter's
20-millimeter cannon

to take out
Barclay Cale,

was there any doubt in your mind

that you were indeed hovering
over US territory?

No, ma'am.

I knew exactly where I was.

I have nothing further,
Your Honor.

Major Tunney, you insisted

on taking the stand today
in your own defense.

Why?

I wanted to make it clear

I'm not ashamed
of what I've done, any of it.

I gave that manuscript
to the PAO as a courtesy.

Does that sound to you

like I thought I was doing
anything wrong?

Did you attempt to seek approval

from your immediate
chain of command

before taking action
in this incident?

Yes, sir.

Did you
ever receive

direct instructions
from Sheriff Driskell

to leave the scene and
stay out of the matter?

No, Commander.

So, acting

upon what you could see
on the ground,

you decided
to take action in this incident,

knowing full well
what the consequences might be?

Yes, sir.
Have you ever done

anything like this
before, Major?

Yes, sir.

In Desert Storm, I was the first

on the scene of a downed F-14.

Now, the Super Cobra only had

seats for the
two pilots,

but I could see the
Iraqis approaching.

So, I loaded the injured pilot
into my seat,

and I rode back to base
on a starboard skid

while my copilot
manned the controls.

Could you have received
command approval

for an action like this?

No, sir.

But when I got back to base,
saved that pilot's life,

only thing that my
commanders talked about

was what awards I should
be recommended for.

And do you believe you
should be awarded

a medal for shooting
Barclay Cale, Major?

I didn't shoot that man
to win an award, sir.

Or to have something
to write about.

I shot him because I believed
it was the only way

I could prevent him
from killing people.

Thank you, Major.

Nothing further.

TURNER:
I guess I owe you

an apology, Dad.

I, uh... I didn't mean
for the questioning

to get so personal
in there.

Religion is personal, Sturgis.

You can't discuss it
dispassionately.

All you've been through,
and you still trust in people.

You still believe

Commander Bentley
is sincere, hmm?

People have a way
of letting you down.

Is this about a woman, Sturgis?

That, uh, Congresswoman,
uh, Latham, maybe?

She loved politics
more than she loved me.

That is ancient history.

It's in my nature
to try to do my best,

but my friends,
my coworkers, it...

Try this one, Dad.

Your son, the son of a man
who joined the navy

back when we were called colored
and Negroes--

a man who tolerated
all that bigotry

because he wanted
to serve his country--

that man's son is facing
a complaint of racial bias.

You embarrassed
by your favorite son yet, Dad?

I was accused of being racist
against Koreans.

Is it the truth?

I don't know.

Then it's not
about your coworkers.

It's about you.

I am so far away from what
I wanted to be in my life,

I don't even recognize
myself, Dad.

We're all sinners, son--
all imperfect.

You got to accept that
and let it pass.

You got to learn how to bend

before you break.

MacKENZIE:
The term,

posse comitatus,
means "force of the county,"

and for 125 years,
we have kept the military

out of local law enforcement.

There are no soldiers or tanks
patrolling our streets,

no troops enforcing laws

at the whims
of their commanders.

And that's
what separates us

from the banana republics
of the world, Your Honor.

The law is subject
to numerous exceptions,

is it not, Colonel?

Only in very narrow instances,
Your Honor.

In this case,

there were no standing orders

expressly forbidding
Major Tunney

from doing
what he did.

But Major Tunney
is presumed

to know the law,
and that law makes it illegal

for a marine major
with an attack helicopter

to become a vigilante.

Objection. Pejorative.

Sustained.

Is there any proof
Major Tunney acted

out of any motive
other than to save lives,

including his own
and that of his copilot?

No such proof, Your Honor.

Only a strong suspicion

that the major wanted
to add a chapter to his memoirs.

After 9/11,
state governors

had to call
the National Guard in

to patrol airports,

because to give that job
to regular army troops

would have been illegal.

The law is worse than obsolete,
Your Honor.

It's a danger
to national security.

Objection. We can't ignore laws
simply because they're old.

The colonel
is right.

Commander,
you're making

a good argument
for repealing the law,

but until
I'm elected to congress,

what am I to do?

Narrowly construe the statute,
Your Honor.

Rule that merely returning fire
does not violate the law.

(sighs)

We are in recess
until tomorrow at 0900.

ROBERTS:
Commander Bentley, the skeptic

inside of me says

that you wish to avoid
being sent to Iraq.

The problem is,
I'm not sure that I'm right,

and I sure can't prove
that you're wrong.

So, I am going to recommend
to the convening authority

that your request for
conscientious objector status

and separation from
the Naval Reserves be approved.

God bless you, Lieutenant.

On a related matter, Commander,
if I understand correctly,

you wish to be removed from any
connection to the military,

no matter how indirect.

That's correct, Lieutenant.

In that case,

I am separately
recommending

that you, as a provider,
be removed

from the military
health plan.

Removed?

As soon as possible, you should
inform your military patients

that their insurance will
no longer cover your services.

But I will lose
my entire practice.

Commander,

he can't do this, can he?

I'll certainly appeal
on your behalf, Doctor,

but I think the lieutenant's
recommendation

will be favorably received.

But...
It seems

quite consistent with your...
beliefs, Dr. Bentley.

Commander, you asked
for separation,

so if you would, sir,
please separate yourself.

That will be all.

Lieutenant...

I will go bankrupt.

Sometimes faith
carries a heavy price.

I have to admit that...

for a while there,
I thought he might be for real.

Never put your faith in people,
Lieutenant.

You will always be disappointed.

It is becoming

increasingly difficult
to distinguish

between an act
of terrorism

worthy of
a military response,

and a criminal act better suited
for police jurisdiction.

And while I have
reservations about

Major Tunney's
behavior,

I also remember
our government's

first response to the attack
on the World Trade Center

was to scramble F-16s
over the East Coast.

What Major Tunney did
cannot be considered

a national security
defense countermeasure,

but I do believe
he acted in good faith

to preserve the lives
of US citizens

he saw taking fire.

I do not find that
reasonable grounds

exist to charge Major Tunney
with an Article 92

violation.

Therefore,
I recommend

that no disciplinary action
be taken.

This hearing
is concluded.

(bangs gavel)

Congratulations, Major.

Thanks, Commander.

Major, you, uh, certainly
dodged a bullet today.

Yes, sir.

Unfortunately,
the wing commander

doesn't listen
to Navy JAG lawyers.

You're being
transferred TAD

out of the squadron,
pending a FENAB

to evaluate your flying status.

I guess he figures
public perception of the Corps

is more important
than one man's career.

Sir...

It's, uh...

it's already done, Major.

Come see me in my office
to receive your orders.

So, was it worth it, Major?

Yes, ma'am.

I'd do it again.